Action for Economic Reforms - Information Disclosure

Information Disclosure

The Action for Economic Reforms (AER) believes that good governance is built on the foundation of transparency. Thus, AER has since its inception been advocating for a fully functioning people’s right to information held by government.

The Philippines can pride itself of being a country that has elevated the right to information as a distinct Constitutional guarantee. Article III (Bill of Rights), Section 7 of the 1987 Constitution states:

The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

The 1987 Constitution also enshrines as a state policy the full disclosure of all its transactions involving public interest. Article II (Declaration of Principles and State Policies), Section 28 reads:

Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

Notwithstanding the clear guarantee, information users have been in constant struggle with government agencies on the disclosure of information. A major gap in the functioning of the right to information in the Philippines is the absence of a comprehensive statute that will provide the necessary substantive and procedural details to complement the existing constitutional guaranty and relevant jurisprudence. AER has contributed substantively to the development of a progressive right to information bill that forms a basis for the right to information advocacy in the Philippines.

In the course of AER’s work on the right to information, it has found common cause with respected organizations involved in public interest work in the fields of media freedom, economy, governance and law, to form the Access to Information Network. Today, in addition to AER, the ATIN counts among its members the Asian Institute of Journalism and Communication, Ateneo Debate Society, Center for Community Journalism and Development, Center for Media Freedom and Responsibility, Lawyers’ League for Liberty (LIBERTAS), National Union of Journalists of the Philippines, Pagbabago@ Pilipinas, Philippine Center for Investigative Journalism, and Transparency and Accountability Network. While working on different issues and frameworks, they have banded together into a network to advocate for the full enjoyment of the people’s right to information guaranteed by the Constitution. ATIN’s work includes pushing for the passage of a freedom of information act, opposing measures that abridge the right to information, and creating greater public awareness of the right to information.

The campaign for the passage of a freedom of information act has made significant progress in the 14th Congress. The Committee on Public Information in the House of Representatives passed on third reading last 12 May 2008 a consolidated bill, HB 3732. For its counterpart measure, the Senate Committee on Public Information and Mass Media has already filed last 3 June 2009 Senate Bill 3308 under Committee Report 534.
The campaign for the passage of the freedom of information act has recently expanded beyond the Access to Information Network. The advocacy now counts more than 100 organizations and coalitions under the banner of the Right to Know. Right Now! Campaign.

Letter of Right to Know. Right Now! Campaign to Speaker Nograles

Dear Speaker Nograles,

We are members of the Right to Know. Right Now! Campaign, a network of organizations, coalitions and individuals from various sectors. We count among our ranks public-interest groups, environmental protection advocates, independent media groups, print and broadcast journalists, farmers organizations and support groups, women’s organizations, private and public sector labor unions, migrant workers, businessmen, lawyers, academic institutions, student and youth organizations, and concerned individuals. We come together to make the urgent call for the passage of the Freedom of Information Act.

The passage of the Freedom of Information Act is long overdue. It is a promise to the Filipino people that the Constitution assured in 1987, or 23 years ago, yet. Our people need and truly deserve this law. It is as well a demand of the times, a vote for good governance, democracy, and the people’s right to know.

We thus welcomed it as a major development when you included the Freedom of Information Act in the priority list of proposed legislation on political and governance reform, in your “Sustaining the Growth, Spreading the Benefits” legislative agenda.

Read the full letter.

Freedom of information advocates found another champion in known social reformer Bishop Broderick Pabillo as the campaign for the ratification of the FOI Bill by the Lower House on May 31 intensifies.

The Auxiliary Bishop of Manila celebrated a Mass calling for the Catholic faithful to pray for the ratification and signing into law of the FOI Bill. The Mass was held in the Sto. Niño de Tondo Parish amid celebrations of Valentine’s Day and the Chinese New Year.

L-R: Rowena Paraan (NUJP), Red Batario (CCJD), Bishop Broderick Pabillo, Rep. Walden Bello, Yuen Abana (PM), Atty. Nepomuceno Malaluan

LAST February 2 and 3, the last two days before Congress adjourned for the elections, the House of Representatives failed to take up the ratification of the Bicameral Conference Committee Report on the Freedom of Information Act.

The members of the House of Speaker Prospero Nograles were caught up in conflicts largely partisan and personal, that they could not bother with important and urgent public-interest legislation. Repeatedly, the rival camps questioned the presence of a quorum on both days.

In the end, the ratification of the Freedom of Information Act fell by the wayside, collateral casualty to the little wars of the honorable members of the House.

We had hoped to see that, as promised in his press statements earlier, Speaker Nograles would submit the FOI for ratification by the House before the members adjourn to campaign for the elections. We had hoped to see proof that Speaker Nograles could demonstrate leadership and get his House in order.

The Freedom of Information bill has been approved by the bicameral conference committee last week. The bicam report will have to be ratified by both Houses of Congress to have an enrolled bill that will be presented to the President for her signature.

The Right to Know. Right Now! Campaign encourages all advocates to continue pressing our legislators to pass this watershed legislation.

Download a copy of the bicameral confrence report . More information about the bill can be found in the Right to Know. Right Now! section of the AER website.

After long struggle, the passage of the Freedom of Information Act is finally near at hand!

At the resumption of session last Monday (18 January), we marched to the House of Representatives with a rally contingent of 1000 to call on our House of Representatives to stand for Freedom of Information. With Committee on Public Information Chairman Bienvenido Abante, Jr., Vice Chairman Eduardo Zialcita, Committee TWG Chairman Lorenzo “Erin” Tañada III, and Minority member Rufus Rodriguez, we met with Speaker Prospero Nograles to appeal for the immediate constitution of the House Panel to the Bicameral Conference Committee on the Freedom of Information Act.

We were not frustrated. The final act of Congress before it adjourned for the day was the naming of the following members to the House Panel: Rep. Bienvenido Abante, Jr. (Chairman), Rep. Eduardo Zialcita, Rep. Lorenzo “Erin” Tañada III, Rep. Rodolfo Antonino, Rep. Jesus Crispin Remulla, Rep. Rodante Marcoleta for the Majority, and Rep. Joel Villanueva and Rep. Cinchona Cruz-Gonzales for the Minority.

On Wednesday, 20 January, the Bicameral Conference Committee met at the Senate to reconcile the disagreeing provisions of House Bill 3732 and Senate Bill 3308. Present were Senators Alan Peter Cayetano (Chairman) and Juan Miguel Zubiri for the Senate Panel, and Representatives Abante (Chairman), Zialcita, Tañada, Antonino, and Cruz-Gonzales for the House Panel.

The Right to Know. Right Now! Campaign, a network of over 100 organizations and coalitions comprising public-interest groups, environmental protection advocates, independent media groups, print and broadcast journalists, farmers organizations and support groups, women’s organizations, private and public sector labor unions, migrant workers, businessmen, academic institutions, and student and youth organizations, trooped to the Senate last 14 December 17, 2009 to thank the Senate for passing the Freedom of Information bill (Senate Bill 3308) on second reading, and to sustain the momentum for its passage on third reading.

Senator Cayetano meets with the rallyists after the vote

The Senate again did not disappoint. By noon, the eight hundred-strong contingent got welcome news. Voting 12-0, the Senate passed the bill on final reading. Meeting the rallyists after the vote, Senate Majority Leader Juan Miguel Zubiri, one of the sponsors of the bill, said that the law promoting the right of the people to access information on matters of public concern is within grasp. Senator Alan Peter Cayetano, head of the Committee of Public Information, emphasized the critical contribution that the measure will play in improving transparency in government. Representative Erin Tañada, who played a key role in the passing the Lower House’s version, gave his continuing commitment to work for the bicameral approval of the bill at the soonest.

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