Sunday, January 25, 2009

Legaspi vs. CSC G.R. No. L-72119, May 29, 1987



Facts:
The respondent CSC had denied petitioner Valentin Legaspi’s request for information on the civil service eligibilities of Julian Sibonghanoy and Mariano Agas who were employed as sanitarians in the Health Department of Cebu City. Sibonghanoy and Agas had allegedly represented themselves as civil service eligibles who passed the civil service examinations for sanitarians.

Claiming that his right to be informed of the eligibilities of Sibonghanoy and Agas is guaranteed by the Constitution, and that he has no other plain, speedy and adequate remedy to acquire the information, petitioner prays for the issuance of the extraordinary writ of mandamus to compel the respondent CSC to disclose said information.

The respondent CSC takes issue on the personality of the petitioner to bring the suit. It is asserted that the petition is bereft of any allegation of Legaspi’s actual interest in the civil service eligibilities of Sibonghanoy and Agas.


Issue:
Whether or not the petitioner has legal standing to bring the suit


Held:
The petitioner has firmly anchored his case upon the right of the people to information on matters of public concern, which, by its very nature, is a public right. It has been held in the case of Tanada vs. Tuvera, 136 SCRA 27, that when the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty, the people are regarded as the real party in interest, and the person at whose instigation the proceedings are instituted need not show that he has any legal or special interest in the result, it being sufficient to show that he is a citizen and as such interested in the execution of the laws.

It becomes apparent that when a mandamus proceeding involves the assertion of a public right, the requirement of personal interest is satisfied by the mere fact that the petitioner is a citizen, and therefore, part of the general public which possesses the right.

The petitioner, being a citizen who as such, is clothed with personality to seek redress for the alleged obstruction of the exercise of the public right.

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