[ANALYSIS] Fundamental constitutional requirements for confidential funds

Retired Supreme Court Justice Antonio Carpio argues that the current practice of withholding details on confidential funds violates the Philippine Constitution. He asserts that because Congress has not enacted specific laws establishing "reasonable conditions" for limited disclosure, the constitutional default remains full public transparency. Consequently, the disbursement and liquidation of these funds are subject to complete scrutiny, as there are no legal exemptions currently in place to restrict the public’s right to access this information. The article further contends that Joint Circular No. 2015-01, which attempted to regulate these funds, is unconstitutional because it usurped legislative power. Since Congress failed to delegate its authority with proper parameters, the executive branch’s guidelines cannot legally override constitutional mandates. Merely referencing the circular in the General Appropriations Act does not elevate it to the status of law, as it lacks the requisite legislative process and cannot be amended like actual statutes. This discourse is highly relevant to open data because it highlights the critical distinction between administrative guidelines and legislative acts in ensuring data accessibility. It emphasizes that without explicit statutory frameworks defining exceptions, default rules of transparency must prevail. For advocates of open government, this reinforces the necessity of robust legal foundations that prioritize public access to information, preventing executive agencies from unilaterally obscuring data under the guise of operational guidelines.

Source: rappler.com
Published on 2023-10-02

Open Data

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