Neri Vs. Senate - Right of Congress To Information and The Right To Public Information

Right of Congress To Information and The Right To Public Information

In addition, respondent Committees have a wrong understanding of the people's right to public information. The right of Congress or any of its Committees to obtain information in aid of legislation cannot be equated with the people’s right to public information. As laid down in Senate vs. Ermita, “the demand of a citizen for the production of documents pursuant to his right to information does not have the same obligatory force as a subpoena duces tecum issued by Congress. Neither does the right to information grant a citizen the power to exact testimony from government officials. These powers belong only to Congress, not to an individual citizen.”

Even if Congress is composed of representatives elected by the people, it does not follow, except in a highly qualified sense, that in every exercise of its power of inquiry, the people are exercising their right to information. The members of respondent Committees should not invoke as justification in their exercise of power a right properly belonging to the people in general. This is because when they discharge their power, they do so as public officials and members of Congress.

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