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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.



Democracy, Development and Access to Official Information in the Philippines
This paper outlines the state of the law on access to official information in the Philippines, and gives an overview of the role that non-government organizations play in promoting the right to official information.
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Securing Greater Government Transparency
A group of non-government organizations recently got together to initiate a campaign for the passage of a law on the peoples' right to access official information on matters of public concern. Calling themselves the Access To Information Network, the network is composed of NGOs working on different issues, with different constituencies, and at different locations. The group is committed to expand the network and reach out to other NGOs, people's organizations, government officials, the private sector, and concerned individuals.
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Francisco I. Chavez vs. Presidential Commission on Good Government et al
Petitioner, invoking his constitutional right to information, demands that respondents make public any and all negotiations and agreements pertaining to PCGG's task of recovering the Marcoses' ill-gotten wealth. Respondents' opposite view is that the constitutional provisions refer to completed and operative official acts, not to those still being considered. The Court said that the recovery of the Marcoses' alleged ill-gotten wealth is a matter of public concern and imbued with public interest, and there is no question that petitioner has a right to respondents' disclosure of any agreement that may be arrived at concerning the Marcoses' purported ill-gotten wealth.
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Ma. Carmen G. Aquino-Sarmiento vs. Manuel L. Morato et al
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.
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Enrique Garcia vs. Board of Investments et al
One of the issues in this case was the petitioner's request for xerox copies of certain documents filed by the Bataan Petrochemical Corporation together with its original application, and its amended application, for registration with BOI. The Court said such request may not be denied, as it is the constitutional right of a citizen to have access to information on matters of public concern.
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Ricardo Valmonte, et al vs. Feliciano Belmonte, Jr.
This case involves a request by petitioners from the General Manager of the Government Service Insurance System to furnish them a list of names of legislators who were able to secure loans upon the guaranty of then First Lady Imelda Marcos, as well as certified true copies of documents evidencing the loans
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Action for Economic Reforms (AER) is an independent, reform-oriented public interest organization that conducts policy analysis and advocacy on key economic issues.
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