Petitioner, herself a member of respondent Movie and Television Review and Classification Board (MTRCB), requested that she be allowed to examine the board's records pertaining to the voting slips accomplished by the individual board members after a review of the movies and television productions. Her request was denied by respondent Morato on the ground that whenever the members of the board sit in judgment over a film, their decisions partake the nature of conscience votes and are private and personal.
(MA. CARMEN G. AQUINO-SARMIENTO, petitioner, vs. MANUEL L. MORATO (in his capacity as Chairman of the MTCRB) and the MOVIE & TELEVISION REVIEW AND CLASSIFICATION BOARD, respondents. G.R. No. 92541. November 13, 1991)
Petitioner, herself a member of respondent Movie and Television Review and Classification Board (MTRCB), requested that she be allowed to examine the board's records pertaining to the voting slips accomplished by the individual board members after a review of the movies and television productions. Her request was denied by respondent Morato on the ground that whenever the members of the board sit in judgment over a film, their decisions partake the nature of conscience votes and are private and personal. A board resolution was also issued declaring as confidential, private and personal, the decision of the reviewing committee and the voting slips of the members. The Court found the respondents' refusal to allow petitioner to examine the records of MTRCB, pertaining to the decisions of the review committee as well as the individual voting slips of its members, as violative of petitioner's constitutional right of access to public records. The right to privacy belongs to the individual acting in his private capacity and not to a governmental agency or officers tasked with, and acting in, the discharge of public duties.
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