496 Phil. 55
CALLEJO, SR., J.:
The complainants further alleged that the respondent Judge had, likewise, approved the sale of substantial and valuable assets of the estate without serving notice to them and other persons interested, in violation of Section 7, Rule 89 of the Rules of Court. Despite this, the respondent Judge failed to issue any order directing the administratrix to comply with the rules. The records of the intestate estate proceedings furthermore revealed a deliberate design to prejudice and preclude the opportune participation of the complainants. Thus:
- Shortly prior to September 2001, Complainants uncovered serious lapses in the observance and enforcement by Respondent Judge of the mandatory prescriptions of the Rules governing the administration of the estate and in collation and preservation of its assets.
- Among others, Petitioners discovered that while the Respondent Administratrix had been issued Letters of Administration as early as August 2, 2000 and had been granted by the Respondent Court, in an Order dated April 24, 2001, [a] final extended period until May 31, 2001 for the submission of “a completed and updated inventory and appraisal report,” what had been submitted was still an unverified, incomplete and unappraised inventory dated January 18, 2001. Worse, in submitting the practically worthless inventory, Respondent Administratrix declined to vouch for the accuracy of the same, …
…- Likewise, it was discovered by Complainants that despite the lapse of over a year since the issuance of her letters of administration, the Administratrix had failed to render an annual account of her administration as mandatorily required by Section 8 of Rule 85.[4]
9.1 Under Section 2 of Rule 79, the application for letters of administration is required to state, among others, “the names, ages and residences of the heirs, and the names and residences of the creditors, of the decedent” “so far as known to the petitioner.” However, although the Petition for Letters of Administration filed by the Administratrix acknowledged the existence of liabilities, and the List of Liabilities submitted with her inventory named the Complainants together with the Bureau of Internal Revenue as the major creditors of the estate, Administratrix did not name and list Complainants as creditors of the decedent in her Petition. In fact, no creditor was named at all.In light of these discoveries, the complainants, through counsel, filed a Manifestation/Motion Ex Abudanti Cautela[6] dated September 24, 2001 identifying themselves as among the major creditors in the inventory prepared by the appointed administratrix, and prayed that the Branch Clerk of Court be required to furnish the petitioners, through their counsel, copies of all the processes and orders issued by the court, and to require the administratrix to serve copies of all the proceedings to their counsel. Pending the resolution of this motion, the complainants also filed urgent pleadings bringing to the attention of the respondent Judge her procedural lapses.[7] However, the respondent Judge issued an Order[8] dated January 2, 2002 refusing to recognize the complainants as interested parties entitled to participate and intervene in the proceedings. This compelled the complainants to file a motion for reconsideration of the said order, which was, likewise, denied by the respondent Judge.
9.2 Pursuant to Section 5 of the same Rule 79, letters of administration may be validly issued only after it is “first shown that notice has been given as … required” by Section 3 of the same rule, that is to say, notice “to the known heirs and creditors of the decedent and to any other persons believed to have an interest in the estate,” given not only via publication but also by mail “addressed [to them] … at their places of residence, and deposited at least twenty (20) days before the hearing” or by “personal service … at least ten (10) days before the days of hearing …”
Admittedly, no notice of whatever kind was served on Complainants.
9.3 Significantly, the Purchase and Sale Agreement disposing of the assets of Traders Royal Bank, which the Respondent Judge approved without notice to Complainants, explicitly, categorically and discriminatorily excluded, from the liabilities to be assumed by the Bank of Commerce as Purchaser, Petitioners’ claims in the pending Bacolod suits against TRB and the estate, claims which had previously been acknowledged in the [Administratrix’s] Inventory as major liabilities of the estate.[5]
a) The law does not give blanket authority to any person to have access to official records and to documents and papers pertaining to official acts. As worded, only matters of public concern may a person [be] accorded access. In the present case, complainants’ interest is more of personal than of public concern. The ruling of the Supreme Court in the case of Valentin L. Legaspi v. Civil Service Commission (G.R. No. 72119, May 29, 1987) is the case in point.The complainants filed a Second Supplemental Complaint on April 30, 2004, reiterating the charges against the respondent Judge. They also filed a motion to withdraw their previous prayer for inhibition.
“But the constitutional guarantee to information on matters of public concern is not absolute. It does not open every door to any and all information. Under the Constitution, access to official records, papers, etc., ‘are subject to limitations as may be provided by law’ (Art. III, Sec. 7, second sentence). xxx in every case, the availability of access to a particular public record must be circumscribed by the nature of the information sought, i.e., (a) being of public concern or one that involves public interest, and (b) not being exempted by law from the operation of the constitutional guarantee. The threshold question is, therefore, whether or not the information sought is of public interest or public concern.”
b) Although complainants assert that they have the right to information based on the cases cited in the Supplemental Complaint, it is further clarified by this respondent that the position taken by them is utterly different because the parties involved in the cited cases are complainants themselves while in the case at hand, they are not considered parties-in-interest, their claim being contingent as their case is still pending with the RTC, Branch 44, Bacolod; …[9]
On August 2, 2000, respondent Judge appointed Julita Campos Benedicto as administratrix of the estate of the deceased Roberto S. Benedicto [Records, Vol. I, p. 13]. Upon filing of the bond in the amount of five million (P5,000,000) pesos, [letters] of administration [were] issued in favor of the administratrix and [a] notice dated August 23, 2000 to file money claims against the decedent was ordered published.However, the Investigating Justice opined that the respondent Judge arbitrarily denied the complainants access to the case records of Sp. Proc. No. 00-97505 by refusing requests for photocopying of the same, and made the following conclusion and recommendation:
Under Section 1, Rule 83 of the Revised Rules of Court, the administratrix should return/file with the court a true inventory and appraisal of all the real and personal estate of the deceased which came to her possession or knowledge.
On December 12, 2000, the administratrix filed a motion for extension of time to file an Inventory on the ground that she was in the process of gathering documents and data necessary for the preparation of an inventory which were made difficult because of the very personalized way the deceased had been recording his assets and conducting his business affairs.
On December 13, 2000, the motion for extension of item was granted.
On January 12, 2001, the administratrix filed another extension of fifteen (15) days from January 15, 2001 within which to file an inventory which could not be finalized due to lack of necessary data such as the probable value of some specific assets. The motion was granted by respondent Judge.
The Inventory was submitted on January 19, 2001, which placed the estate’s value at P36,799,822.25. Accordingly, respondent Judge ordered the payment of additional filing fee based on the declared value of the estate [Ibid, p. 58].
After finding that the initial inventory had no appraisal on March 26, 2001, respondent Judge directed the administratrix to submit the completed and updated inventory and appraisal report. Additional bond was also ordered to be posted [Ibid, p. 60].
The administratrix asked for an extension of time or until May 31, 2001 to file an updated inventory [Ibid, p. 63]. The same was granted on April 24, 2001 [Ibid, p. 67].
On the preceding facts alone, it could be gleaned that respondent Judge dutifully fulfilled her responsibility in exacting from the administratrix the observance of her responsibilities. Please note that those were not the only actions taken by the respondent Judge. Records of the case show that respondent Judge issued several Orders resolving other motions.
Complainants fault respondent Judge for failing to order the administratrix to file a completed and updated inventory even as late as the date of this Complaint.
In the [administratrix’s] motion for extension of time, she stated that the Inventory was complete except for the valuation of some shares of stock and to obtain the same, full auditing of the entire corporation complete with the actual field verification of recorded cases was needed. The same appears to be meritorious considering the vast estate of the deceased.
When the administratrix did not submit the updated inventory after the deadline on May 31, 2001, respondent Judge on October 16, 2003, directed the administratrix to file the updated inventory. For which reason, administratrix filed another two (2) motions for extension of time to file the same.…
The delay in the submission of the inventory was aptly explained by the motions for extension of time filed by the administratrix.
The above ruling went on to expound that the administrator’s unexplained delay in filing the inventory may be a ground for his removal. Hence, the judge may not be faulted for the [administratrix’s] delay. However, only the heirs or beneficiaries of the estate may move for the removal of the administratrix on the grounds provided for in Rule 82.
Likewise, the failure to render an account is a ground for the removal of the administratrix by the proper parties.
The mandatory character of the requirement of an account or accounting one (1) year from the time of receiving letters testamentary or of administration admits of exception, i.e., when the Court, otherwise, directs.…
In this case, the one-year mandatory period within which to render an accounting should be reckoned from December 16, 2003. Hence, accounting of the estate is not yet due.[10]
This Investigator concludes that respondent Judge is not guilty of inaction or failure to require observance of the Rules by the Administratrix.The findings and recommendation of Justice Salazar-Fernando are well taken.
However, respondent Judge’s refusal to give the complainants access to the case records of SP-97505 is arbitrary. The right to information on matters of public concern is a constitutional right. Access to official records and to documents and papers pertaining to official acts, transactions, or decisions shall be afforded the citizen, subject to such limitations as may be provided by law.
WHEREFORE, PREMISES CONSIDERED, it is hereby recommended that respondent Judge be adjudged guilty of dereliction of duty and improper conduct bordering on oppression and accordingly be CENSURED, REPRIMANDED and WARNED that a repetition of the same in the future will be dealt with more severely.[11]
Sec. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.The reliance of the respondent Judge on the ruling of the Court in Legaspi v. Civil Service Commission,[14] to justify the denial of access to court records is misplaced. On the contrary, the following pronouncement in the said case further bolsters the claim of the complainants:
In determining whether or not a particular information is of public concern there is no rigid test which can be applied. “Public concern,” like public interest, is a term that eludes exact definition. Both terms embrace a broad spectrum of subjects which the public may want to know, either because these directly affect their lives, or simply because such matters naturally arouse the interest of an ordinary citizen. In the final analysis, it is for the courts to determine in a case by case basis whether the matter at issue is of interest or importance, as it relates to or affects the public.[15]The presumption that the public has a right to see and copy judicial records attaches to those documents which properly come before the court in the course of an adjudicatory proceeding and which are relevant to the adjudication.[16] Hence, relevant documents which are submitted to, and accepted by, a court of competent jurisdiction in the course of adjudicatory proceedings, become documents to which the presumption of public access applies.[17] The policy reasons for granting public access to criminal proceedings include the public’s right to monitor the functioning of our courts, thereby ensuring quality, honesty and respect for our legal system. Such policy reasons apply to the grant of public access to civil cases as well.[18]
… 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.” 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.[21]We agree with the following ratiocination of the Investigating Justice:
However, the constitutional guarantee to information on matters of public concern is not absolute. Under the Constitution, access to official records, papers, etc., are “subject to limitations as may be provided by law.” Therefore, a law may exempt certain types of information from public scrutiny such as matters on national security. Otherwise stated, the availability of access to a particular public record must be restricted by the nature of the information sought, i.e., (a) of public concern or one that involves public interest, and (b) not being exempted by law from the operation of the constitutional guarantee.The Court thus rules that for denying the complainants access to court records, the respondent Judge must be reprimanded.
The privilege against disclosure is recognized with respect to state secrets bearing on military, diplomatic and similar matters. This privilege is based upon public interest of such paramount importance which transcends the individual interests of a private citizen, even though, as a consequence thereof, the plaintiff cannot enforce his legal rights.
SP No. 97505 does not contain any military or diplomatic secret which will be disclosed by its production. Neither is there any law or regulation which considers the case records as classified information.
The right to information is subject to reasonable regulations and restrictions. However, while public officers in custody or control of public records have the discretion to regulate the manner in which such records may be inspected, examined or copied by interested persons, such discretion does not carry with it the authority to prohibit such access, inspection, examination or copying.[22]
Sir:[13] In re Gitto/Global Corp., Debtor, 2005 WL 396327; see also Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978).In connection with your letter dated January 15, 2004, please be advised, per instruction of the Hon. Presiding Judge only parties or those with authority from the parties are allowed to inquire or verify the status of the case pending in this Court.
Further, please be reminded that your petition with the Court of Appeals concerning your Motion for Intervention has yet to be resolved by the same Court; hence, you remain to be of no legal personality in relation to the above-entitled case.
You will only be allowed to go over the records of the above-entitled case upon presentation of a written authority from the petitioner.
Please be guided accordingly. (Rollo, p. 120)