Supreme Court rejects bid to compel release of Senate flood control report
MANILA, Philippines — The Supreme Court has ruled that the Senate Blue Ribbon Committee cannot be compelled to release an unfinished draft of its partial report on alleged flood-control anomalies, saying preliminary committee documents are not yet part of the official Senate record.
The high court dismissed a petition for mandamus and certiorari seeking the full, unredacted draft of the report.
It said mandamus applies only when the law imposes a clear ministerial duty that leaves no room for discretion. No constitutional or statutory provision requires the Senate committee to disclose an unfinished draft.
"A draft report is a preliminary document and only becomes part of the official Senate record once it is finalized, approved by the Committee, and submitted to the Senate plenary following the Senate's internal rules," the Supreme Court said in a statement Wednesday, August 12.
Right to information has limits
The high court also rejected the argument that withholding the draft violated the constitutional right to information.
It said the right is subject to recognized limitations, including the deliberative process privilege, which protects internal discussions and preliminary positions while officials are still making decisions.
"This privilege protects internal discussions while a decision is still being made, allowing officials to freely exchange views without the risk that preliminary or tentative positions will be mistaken for final decisions," the court said.
The Supreme Court also cited the separation of powers, saying courts generally cannot interfere with legislative discretion and the Senate's internal procedures as long as these remain within constitutional bounds.
The petition was filed by lawyers Eldrige Marvin Aceron, Sikini Labastilla and Purificacion Bartolome-Bernabe.
It followed the leak in February of a draft partial committee report that reportedly recommended criminal and administrative complaints, including plunder, against several senators and other public officials over alleged flood-control irregularities.
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