Baldoza v. Dimaano 71 SCRA 152 (1976)

Republic of the Philippines formal investigation, he recommended the exoneration of respondent.
SUPREME COURT Pertinent portion of his report reads as follows:

Manila
* * * When this case was heard, complainant
SECOND DIVISION Dominador Baldoza informed the Court that he is
aware of the motion to dismiss filed by Mayor
Corazon A. Caniza and that he is in conformity with
A.M. No. 1120-MJ May 5, 1976
the dismissal of the administrative charge against
Judge Rodolfo Dimaano. The Court asked him if he
DOMINADOR C. BALDOZA, complainant, could prove his case and he said he can. So, the
vs. Court denied his oral motion to dismiss and required
HON. JUDGE RODOLFO B. DIMAANO, respondent. him to present his evidence. Complainant only
manifested to the Court that he has no oral evidence.
The only evidence he has are the exchanged
RESOLUTION communication which were all in writing and attached
to the record between him and the respondent. The
ANTONIO, J.: Court asked the respondent what he has to say on
the documentary evidence of the complainant. He
manifested that all his answers to the complaint are
In a verified letter-complaint dated September 9, 1975, the Municipal all embodied in his answers filed with the Court.
Secretary of Taal, Batangas, charges Municipal Judge Rodolfo B.
Dimaano, of the same municipality, with abuse of authority in refusing to
allow employees of the Municipal Mayor to examine the criminal docket A careful perusal, scrutiny, and study of the
records of the Municipal Court to secure data in connection with their communications between the complainant and the
contemplated report on the peace and order conditions of the said respondent, together with the answers filed by the
municipality. Respondent, in answer to the complaint, stated that there latter, reveal that there is no showing of abuse of
has never been an intention to refuse access to official court records; that authority on the part of the respondent. The
although court records are among public documents open to inspection respondent allowed the complainant to open and
not only by the parties directly involved but also by other persons who view the docket books of the respondent under
have legitimate interest to such inspection, yet the same is always subject certain conditions and under his control and
to reasonable regulation as to who, when, where and how they may be supervision. Complainant admitted that he was aware
inspected. He further asserted that a court has unquestionably the power of the rules and conditions imposed by the
to prevent an improper use or inspection of its records and the furnishing respondent when he went to his office to view his
of copies therefrom may be refused where the person requesting is not docket books for the purpose mentioned in his
motivated by a serious and legitimate interest but acts out of whim or fancy communication. He also agreed that he is amenable
or mere curiosity or to gratify private spite or to promote public scandal. to such rules and conditions which the respondent
may impose. Under these conditions, therefore, the
Court finds that the respondent has not committed
In his answer, the respondent significantly observed: any abuse of authority.
Restrictions are imposed by the Court for fear of an The complainant was warned to be more cautious in
abuse in the exercise of the right. For fear that the filing any administrative charge against any public
dirty hands of partisan politics might again be at play, official especially, members of the judiciary,
Some of the cases filed and decided by the Court considering that an administrative charge against a
after the declaration of Martial Law and years after member of the judiciary may expose the latter to
the election still bore the stigma of partisan politics as public ridicule and scandal thereby minimizing if not
shown in the affidavits and testimonies of witnesses. eradicating public trust and
Without casting aspersion on any particular After a careful evaluation of the recommendation, We find that the
individual, it is worth mentioning, that the padlocks of respondent did not act arbitrarily in the premises. As found by the
the door of the Court has recently been tampered by Investigating Judge, the respondent allowed the complainant to open and
inserting papers and matchsticks. view the docket books of respondent certain conditions and under his
control and supervision. it has not been shown that the rules and
Under the circumstances, to allow an indiscriminate conditions imposed by the respondent were unreasonable. The access to
and unlimited exercise of the right to free access, public records predicated on the right of the people to acquire information
might do more harm than good to the citizenry of Taal. on matters of public concern. Undoubtedly in a democracy, the public has
Disorder and chaos might result defeating the very a legitimate interest in matters of social and political significance. In an
essence of their request. The undersigned is just as earlier case, 1 this Court held that mandamus would lie to compel the
interested as Mr. Baldoza in the welfare of the Secretary of Justice and the Register of Deeds to examine the records of
community and the preservation of our democratic the latter office. Predicating the right to examine the records on statutory
principles. provisions, and to a certain degree by general principles of democratic
institutions, this Court stated that while the Register of Deeds has
discretion to exercise as to the manner in which persons desiring to
Be that as it may, a request of this magnitude cannot inspect, examine or copy the records in his office may exercise their rights,
be immediately granted without adequate such power does not carry with it authority to prohibit. Citing with approval
deliberation and upon advisement, especially so in People ex rel. Title Guarantee & T. Co. vs. Railly, 2 this Court said:
this case where the undersigned doubts the propriety
of such request. Hence, it is believed that authority
should first be secured from the Supreme Court, The subject is necessarily committed, to a great
through the Executive Judge, for the formulation of degree, 'to his (register of deeds') discretion as to how
guidelines and policies on this matter. much of the conveniences of the office are required
to be preserved for the accomodation of these
persons. It is not his duty to permit the office to be
The case was thereupon referred to Judge Francisco Mat. Riodique for thronged needlessly with persons examining its
investigation and report. At the preliminary hearing on October 16, 1975, books of papers, but it is his duty to regulate, govern,
Taal Mayor Corazon A. Caniza filed a motion to dismiss the complaint to and control his office in such a manner as to permit
preserve harmony and (cooperation among officers in the same the statutory advantages to be enjoyed by other
municipality. This motion was denied by the Investigating Judge, but after persons not employed by him as largely and
extensibly as that consistently can be done * * *. What
the law expects and requires from him is the exercise
of an unbiased and impartial judgment, by which all
persons resorting to the office, under legal authority,
and conducting themselves in an orderly manner,
shall be secured their lawful rights and privileges, and
that a corporation formed in the manner in which the
relator has been, shall be permitted to obtain all the
information either by searches, abstracts, or copies,
that the law has entitled it to obtain.
Except, perhaps, when it is clear that the purpose of

the examination is unlawful, or sheer, Idle curiosity,
we do not believe it is the duty under the law of
registration officers to concern themselves with the
motives, reasons, and objects of the person seeking
access to the records. It is not their prerogative to see
that the information which the records contain is not
flaunted before public gaze, or that scandal is not
made of it. If it be wrong to publish the contents of the
records, it is the legislature and not the officials
having custody thereof which is called upon to devise
a remedy. As to the moral or material injury which the
publication might inflict on other parties, that is the
publisher's responsibility and lookout. The publication
is made subject to the consequences of the law.
The concurring opinion of Justice Briones predicated such right not on

statutory grounds merely but on the constitutional right of the press to have
access to information as the essence of press freedom. 3
The New Constitution now expressly recognizes that the people are
entitled to information on matters of public concern and thus are expressly
granted access to official records, as well as documents of official acts, or
transactions, or decisions, subject to such limitations imposed by
law. 4 The incorporation of this right in the Constitution is a recognition of
the fundamental role of free exchange of information in a democracy.
There can be no realistic perception by the public of the nation's problems,
nor a meaningful democratic decision making if they are denied access to
information of general interest. Information is needed to enable the
members of society to cope with the exigencies of the times. As has been
aptly observed: "Maintaining the flow of such information depends on
protection for both its acquisition and its dissemination since, if either
process is interrupted, the flow inevitably ceases. " 5 However, restrictions
on access to certain records may be imposed by law. Thus, access
restrictions imposed to control civil insurrection have been permitted upon
a showing of immediate and impending danger that renders ordinary
means of control inadequate to maintain order. 6
WHEREFORE, the case against respondent is hereby dismissed.
Fernando, Actg. C.J., Barredo, Actg.(Chairman), Aquino and Martin JJ.,

concur.
Concepcion Jr., J., is on leave.

Baldoza v. Dimaano 71 SCRA 152 (1976)

Uploaded by

Copyright:

Available Formats

Baldoza v. Dimaano 71 SCRA 152 (1976)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Baldoza v. Dimaano 71 SCRA 152 (1976)

Uploaded by

Copyright:

Available Formats

Republic of the Philippines formal investigation, he recommended the exoneration of respondent.

SUPREME COURT Pertinent portion of his report reads as follows:

Except, perhaps, when it is clear that the purpose of

The concurring opinion of Justice Briones predicated such right not on

WHEREFORE, the case against respondent is hereby dismissed.

Fernando, Actg. C.J., Barredo, Actg.(Chairman), Aquino and Martin JJ.,

Concepcion Jr., J., is on leave.

You might also like