2007-12-03

NPM 060-2007

Requesting Entity: Philippine Amusement and Gaming Corporation

Issues Concern: Public Access to Bid Documents

 

Details

Whether the written request of a bidder to be furnished a copy of the submitted documents of another bidder may be accomodated by the procuring entity.

While access to official records may not be prohibited, it may be regulated. Access is subject to reasonable regulation for the convenience of and for order in the office that has custody of the documents. (See Baldoza v. Dimaano, 71 SCRA 14, 19, 05 May 1976) Regulatory discretion must include both the authority to determine what documents are of public concern and authority to determine the manner of access to information. (See Bernas, Joaquin G., The 1987 Constitution of the Republic of the Philippines: A Commentary, 1996, at 333.) There is a need to observe the restrictions on disclosure of information such as on matters involving national security, diplomatic or foreign relations, intelligence and other classified information. (See Chavez v. PCGG, G. R. 130716, 09 December 1998)

In the instant case, unless the document in question contains classified information, your office cannot prohibit access, inspection, examination or copying of said document. However, your office may exercise discretion to regulate the manner in which such records may be inspected, examined or copied by interested persons.