Pro-environment groups have asked the Supreme Court to strike down the Department of Environment and Natural Resources’ (DENR) Freedom of Information (FOI) Manual, arguing that its long list of exceptions violates citizens’ constitutional rights.
In a petition for certiorari and mandamus, the Legal Rights and Natural Resources Center and Diocese of Marbel Bishop Cerilo Casicas questioned the manual’s 27 categories of exempt information, including data related to Environmental Compliance Certificate applications and documents submitted by mining firms.
The petitioners said the DENR has repeatedly withheld critical documents, blocking communities and civil society from making informed decisions. Bishop Casicas stressed that even during the exploration stage of major projects, essential information is inaccessible. He cited the 10,000-hectare Tampakan Copper-Gold Project within the Marbel-Buluan Watershed as a key example.
“Hindi ba malaki ang papel ng civil society… may information kaming makuha na reliable for legal purposes. Wala kaming magamit dahil hindi nila maibigay,” Bishop Casicas said.
LRC lawyer Rolly Peoro noted that they remain “blind” to the environmental impacts of 447 environmentally critical projects nationwide, including flood-control works. He said this prevents communities from participating in legal proceedings and public consultations.
“That’s the danger… the FOI manual ironically becomes the reason for us to be blind,” Peoro said.
He added that the DENR manual undermines Filipinos’ constitutional rights, saying, “The most important danger is the violation of our fundamental rights to information, right to due process and right to participate in all levels of decision-making.”