Transparency advocate, media group welcome EO on FOI, urge vigilance

A government transparency advocate and a media group on Monday welcomed President Rodrigo Duterte’s signing of an executive order (EO) on the Freedom of Information (FOI) but warned the public to remain vigilant as the order might be diluted when the Department of Justice (DOJ) identifies its limitations.

Nepo Malaluan, convenor of government transparency advocate Right to Know, Right Now! (R2KRN) coalition, told Balitanghali that the EO on FOI signed by Duterte over the weekend is a good start in promoting transparency in government transactions, although the order is limited only to agencies under the executive branch.

“Ang tingin natin ay this is a very progressive executive order. Malakas itong executive order ito. Although of course it is limited only to the executive government,” Malaluan said.

The EO, signed by Duterte on Saturday night, covers government offices under the executive branch, including bot not limited to the “national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or -controlled corporations, and state universities and colleges.”

Under the EO, all government offices under the executive branch are mandated to allow every Filipino access to “information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for public-development.”

The EO said the information must be made available to the requesting party within 15 days after the request is approved by the concerned officer of the agency.

“Sana hindi rin ma-overlook yung kahalagahan ng executive order na ito. Maraming nililinaw na procedure for us, administrative procedures. Yung mga dating nagiging daan sa pagpapaikut-ikot sa mamamayan na humihingi ng impormasyon ay hindi na puwede,” Malaluan said.

The National Union of Journalists of the Philippines (NUJP) also welcomed the signing of the EO.

“The National Union of Journalists of the Philippines welcomes President Rodrigo Duterte’s signing of the executive order on Freedom of Information, the swift fulfillment of a promise he made during his campaign,” the NUJP said in a press statement.

“This is a gesture we are sure not only media but everybody who believes transparency and accountability indispensable to good governance and democracy highly appreciates,” it added.

The NUJP and Malaluan's group, meanwhile, urged the public to remain vigilant of its possible dilution, especially with the DOJ and the Office of the Solicitor General’s (OSG) identification of the exemptions of the order.

“We hope that any exceptions to the EO’s coverage will not dilute its essence and intent… NUJP calls on every freedom loving Filipinos to be vigilant that whatever gains are made are protected and should continue to expand the borders of press freedom in the country,” the NUJP said.

Under the EO, the DOJ and OSG are tasked to submit to the Office of the President (OP) an inventory of exemptions to the order based on what are “enshrined in the Constitution, existing laws, or jurisprudence."

Malaluan stressed that the DOJ and OSG cannot make an arbitrary list of exemptions to the order but must only identify what are those provided in the Constitution, existing laws and jurisprudence.

“Yes, ang tingin natin ay wala dapat discretion ang DOJ and OSG [sa pag-identify ng exemptions]. Ang mandato sa kanila ay maglista noong mga existing exceptions na makikita sa Constitution at sa existing laws and jurisprudence,” Malaluan said.

“Kailangan ingatan yan dahil posibleng lumawak ang interpretasyon nila. Kaya kailangan lumahok ang mga mamayan and stakeholders to see to it na yung listahan nila ay faithful and not unduly odd to whatever is provided under the jurisprudence, Constitution and the and existing laws,” he added.

Meanwhile, both groups called on the 17th Congress to follow Duterte’s lead and pass the FOI bill.

“At the same time, we urge Congress to enshrine Freedom of Information as part and parcel of governance in our country through legislation,” the NUJP said.

“Hamon ito sa Kongreso, dahil ang Kongreso, alam naman natin na kung ayaw niyan ay talagang napaka daming dahilan niyan… Tingin ko malinaw na kung hindi nila ito itutulak, ito ay pag affirm lamang ng kanilang institutional resistance to transparency over the years,” Malaluan said. —ALG, GMA News