Filtered By: Topstories
News

House panel approves FOI bill


(Updated 9:07 p.m.) The House committee on public information approved on Monday the Freedom of Information (FOI) bill, almost a year after a technical working group (TWG) began deliberating on the measure.

Voting 10-3, the panel approved the proposed Act to Strengthen the Right of Citizens to Information Held by the Goverment, despite the objections raised by a handful of lawmakers, particularly those from the Makabayan bloc.

The progressive group of lawmakers, led by Bayan Muna party-list Rep. Neri Colmenares, opposed the approval of what they called a "watered down" and "toothless" measure.

Groups reject 'watered-down' FOI bill

Various groups have rejected what they described as a “watered down” version of the Freedom of Information bill that the House committee on public information passed on Monday.

“Instead of upholding the people’s access to public documents and information, the consolidated FOI Bill spells more restrictions and will hide more government documents from the Filipino people clamoring for transparency in the bureaucracy,” said Marc Lino Abila, national president of the College Editors Guild of the Philippines, in a statement.

Abila also pointed out that the House panel-approved FOI bill provides limited or no access to certain documents, such as the Statement of Assets, Liabilities and Net Worth (SALN) of public officials, to those who want to look into the wealth and lifestyle of public servants.

"Aside from that, the bill will give too much power to the president on deciding on what documents and information shall be available for the public," he said.

Gabriela party-list Rep. Emmi de Jesus also said that the group is against the FOI bill.

On her Twitter account @emmidejesus, she said, "Gabriela says NO to watered-down Palace inspired #FOIBill."

Meanwhile, the National Press Club of the Philippines said it welcomes the passage of the FOI bill but with "guarded optimism."

"Generally, FOI is a long delayed measure. We need such law if only to ensure full transparency and accountability," said NPC director Joel Sy Egco via text message.

He said that "corruption lurks in secrecy" and the contents of the bill should be given a closer look.

"We still need to scrutinize its contents because what we are after is a demand-driven FOI, not a supply-driven one where the government only releases information that they want to share," Egco said. —Trisha Macas/KBK, GMA News
Colmenares said that while the Makabayan bloc wants the FOI bill to be passed at the soonest possible time, they also do not want to pass a law where the "exceptions become the rule" and access to information becomes very difficult for the public.

The seven-member bloc withdrew their authorship of the measure following its approval by the panel.

 Aside from Colmenares, those who voted against the FOI bill ACT-Teachers party-list Rep. Antonio Tinio and Camiguin Rep. Xavier Jesus Romualdo.

The Senate approved its version of the FOI bill on third and final reading last March.

Plenary debates
 
Committee chair Misamis Occidental Rep. Jorge Almonte expressed confidence the consolidated FOI bill is both “progressive but well-balanced” after members of the TWG debated on it for nine meetings that lasted almost a year.
 
“The TWG devoted the most time on the FOI bill deliberating on the provisions on exception [The members] even went to the extent of discussing them line by line,” he said.
 
Ifugao Rep. Teddy Baguilat said members of the panel aimed to pass the FOI bill at the committee level as soon as possible so debates on the plenary can start immediately.
 
“A lot of lawmakers have been telling us, ‘how can we endorse the bill if it’s still in the committee level?’” he told reporters after the hearing. “That’s why we resolved among ourselves to approve the bill already so it could be brought to the plenary.”
 
According to the lawmaker, the middle of 2015 is a viable period for the bill to be approved by the House on third and final reading since the House leadership has other priority measures to tackle like the proposed Bangsamoro Basic Law and the anti-political dynasty bill.
 
Provisions
 
Following the Public Information panel’s approval of the FOI bill, the measure will be deliberated on by the Appropriations committee, which will iron out details on funding its implementation.
 
Baguilat explained that funding will be necessary to equip government agencies to disclose information through their websites and other means.
 
Under the consolidated FOI bill, government agencies will be mandated to respond to a party’s request for information within 15 working days.
 
This period of compliance, however, may be extended whenever the information requested requires a search of the government agency’s field or satellite offices, examination of voluminous records, the occurrence of fortuitous events or other analogous cases.
 
An imprisonment period of not less than one month but not more than six months, with the accessory penalty of dismissal from service will be meted out to those who will be found guilty of falsely denying or concealing the existence of information mandated for disclosure, and those who destroy or cause the destruction of the information and/or documents being requested for the purpose of frustrating the requesting party’s access to it.
 
'Full of restrictions?'
 
Kabataan party-list Rep. Terry Ridon, who was present at the hearing but was not allowed to vote because he was not a committee member, lamented the committee’s approval of the bill, which he said are “full of restrictions.”
 
“It is sad to note that the yearning for recognition has clouded our fellow legislators’ judgment in today’s voting. While there is indeed a need for our nation to have a Freedom of Information Bill, what the committee has passed today is so watered-down and full of restrictions that it cannot even qualify as an FOI Bill, much less as a genuine one,” he said in a statement.
 
In a position paper submitted to the panel last week, the Makabayan bloc raised concerns about certain provisions contained in Section 7, or the section on restrictions. 
 
  • Section 7 lists down the exception to the public access of information. Among the exceptions the group takes issue with are:
  • Section 7(b), which restricts access to the minutes and advice given and opinions expressed during decision-making or policy formulation by the executive branch
  • Section 7 (c) (i) and (ii), which prohibits access to information on “defense and police operations”
  • Section 7 (j), which provides that information may be withheld from the public on the ground that it "is of a nature that its premature disclosure would... likely frustrate the effective implementation of a proposed official action."

Akbayan party-list Rep. Ibarra Gutierrez III, however, said Section 9 of the bill already provides for the mandatory disclosure of information to the public even without the request of an individual or group.
 
“To my mind, [the mandatory disclosure of information] is already a huge step forward to providing easy access to the public to information… The default rule will always be public access and the burden of proof to justify the withholding of the information will be with the public official who denies access,” he said.
 
Among the information that should be made available to the public are the annual Statements of Assets, Liabilities and Net Worth (SALNs) of the President, Vice President, members of the Cabinet, members of the Senate and the House of Representatives, justices of the Supreme Court, the commissioners of the Constitutional Commissions and other constitutional offices, and the officers of the Armed Forces with the rank of general or the equivalent flag rank.
 
Also included in the list of documents that government agencies will be mandated to disclose if the consolidated FOI bill is passed in its current form are the annual budget of government agencies, itemized monthly collections and disbursements, summary of income and expenditures, component of the Internal Revenue Allotment (IRA) utilization, annual procurement plan and procurement list, items for bidding, bid results on civil works and goods and services, abstract of bids as calculated, and procurement contracts entered into by a government agency.
 
Under the measure, every government agency should also endeavor to translate key information into major Filipino languages and present them in popular for and means. — KBK/RSJ, GMA News
LOADING CONTENT