Abelardo Subido vs. Roman Ozaeta and Mariano Villanueva

This case, decided before the right to information was included in the Bill of Rights of the Philippine Constitution, involved a request by the editor of the Manila Post, a morning daily, for the Register of Deeds of Manila to furnish him a list of real estates sold to aliens and registered with said Register of Deeds, but which request was denied.

(ABELARDO SUBIDO, Editor, The Manila Post, petitioner, vs. ROMAN OZAETA, Secretary of Justice, and MARIANO VILLANUEVA, Register of Deeds of City of Manila, respondents. G.R. No. L-1631. February 27, 1948.)

This case, decided before the right to information was included in the Bill of Rights of the Philippine Constitution, involved a request by the editor of the Manila Post, a morning daily, for the Register of Deeds of Manila to furnish him a list of real estates sold to aliens and registered with said Register of Deeds, but which request was denied. In resolving the petition for mandamus, the Court based its ruling on its interpretation of a statutory regulation which provides that "All records relating to registered lands in the office of the Register of Deeds shall be open to the public subject to such reasonable regulations as may be prescribed by the Chief of the General Land Registration Office…" The Court said that the power to make regulations does not carry with it the power to prohibit. The regulations which the Register of Deeds is empowered to promulgate are confined to prescribing the manner and hours of examination to the end that damage to, or loss of, the records may be avoided, that undue interference with the duties of the custodian of the books and documents and other employees may be prevented, that the right of other persons entitled to make inspection may be insured, and the like.

Read full text (.pdf, 42kb, 7pp.)

No comments yet.