G.R. No. 93567, May 23 1995
Petitioners: Nerio Rogado, Chief Accountant; Elisa Rivera, Chief of the Records; Jose T. Almonte, EIIB Commissioner; Villamor Perez, Budget and Fiscal Management Division Chief; Respondent: Honorable Conrado M. Vasquez
Ombudsman Vasquez required Rogado and Rivera of Economic
Intelligence and Investigation Bureau (EIIB) to produce all documents relating
to Personal Service Funds yr. 1988 and all evidence for the whole plantilla of
EIIB for 1988. The subpoena duces tecum was issued in connection with the
investigation of funds representing savings from unfilled positions in the EIIB
which were legally disbursed. Almonte and Perez denied the anomalous activities that circulate
around the EIIB office. They moved to
quash the subpoena duces tecum. They claim privilege of an agency of the
Government.
ISSUE:
Whether or not an Ombudsman can oblige the petitioners by
virtue of subpoena duces tecum to provide documents relating to personal
service and salary vouchers of EIIB employers.
RULING:
Yes. A government 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 as in
and of itself transcending the individual interests of a private citizen, even
though, as a consequence thereof, the plaintiff cannot enforce his legal
rights.
In the case at bar, there is no claim that military or
diplomatic secrets will be disclosed by the production of records pertaining to
the personnel of the EIIB. EIIB's function is the gathering and evaluation of
intelligence reports and information regarding "illegal activities
affecting the national economy, such as, but not limited to, economic sabotage,
smuggling, tax evasion, dollar salting." Consequently while in cases which
involve state secrets it may be sufficient to determine the circumstances of
the case that there is reasonable danger that compulsion of the evidence will
expose military matters without compelling production, no similar excuse can be
made for privilege resting on other considerations.
