Practice question
A party gives commercially sensitive documents during pre-declaration consultation. An official says Section43 never protects material received before a formal declaration, so it may be freely released for publicity. Resolve.
- Only a final presidential order can ever be confidential.
- Section43 expressly covers material related to pre-declaration consultations as well as the review, subject to its stated exceptions.
- Pre-declaration documents automatically become unrestricted advertisements.
- Confidentiality applies only if the transaction is prohibited.
- Every newspaper request overrides all statutory safeguards automatically.
Legal references
- RA 11659, amending CA146, public-utility definition and national-security safeguards: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/94539
- Signed March 20, 2023 implementing rules of RA11659, Sections 5-7 and 32-45: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/97017
Answer this question in flashcards to review your response and continue practicing.