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.

Freedom of Information bill gets bicam nod

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.

In May 2008, the House of Representatives approved,on final reading, a Freedom of Information Bill, House Bill 3732. After more than a year, the Senate passed, on final reading, its own version, Senate Bill 3308. The two bills will be consolidated by a bicameral conference committee that will likely meet in Janury 2010.

Advocates of the Freedom of Information Act converged at the Senate, December 14, 2009

Copies of the bills can be downloaded by clicking the links below. We also have a matrix comparing the provisions of the two bills.

House Bill 3732 (in pdf, 131 kb).

Senate Bill 3308 (in pdf, 62kb).

Matrix: Comparing SB 3308 and HB 3732 (in pdf, 139 kb)

SENATE PASSES S.B. 3308 ON 2nd READING

SENATE PASSES S.B. 3308 ON 2nd READING
AMID DARK CLOUD OF MARTIAL LAW, LEGISLATORS GIVE LIGHT

On 7 December 2009, the Senate approved on second reading Senate Bill 3308, or the Freedom of Information Act. With time fast running out on the 14th Congress, we appealed to our Senators not to kill the bill. They delivered; the country is now a giant step closer to the passage of a progressive and responsive freedom of information act.

We, representatives of over 100 organizations and coalitions from various sectors comprising the Right to Know. Right Now! Campaign, express our congratulations and deep gratitude to the Senate, under the leadership of Senator Juan Ponce Enrile, for pulling through for the Filipino people.

FOI BILL: Senator Alan Peter "Compeñero" S. Cayetano (c) discusses the passage on second reading of the FOI bill with Senator Aquilino Pimentel (L) and Senator Juan Miguel Zubiri (r).

We especially express our congratulations and deep gratitude to Senator Alan Peter Cayetano for decisively shepherding the bill through the committee process, and with Majority Leader Juan Miguel Zubiri, for taking it forward in plenary. We thank Senator Joker Arroyo and Senator Aquilino Pimentel, Jr. for their statesmanship in withdrawing their additional interpellation to quicken the pace of the bill. We thank the various bill authors for providing the measure the bipartisan support that it needs. With the interventions of Senator Miriam Defensor Santiago and Senator Arroyo in interpellation, and the amendments introduced by Senators Santiago and Escudero and by the committee, the Senate has done its legislative duty of ensuring a robust measure.

On 7 December 2009, Monday, the Right to Know. Right Now! Campaign will hold a multisectoral march/rally to appeal to the Senate to make good its commitment to pass the Freedom of Information Act.

Looking at the Senate’s legislative calendar, we see that the session days on December 7, 8 and 9 represent the last clear chance for SB 3308 to hurdle approval on second reading. This leaves just enough time for the bill’s approval on third reading and nomination by The Senate of its conferees to the bicameral conference committee in the following week.

While we have reached a make or break point for the Freedom of Information Act, we are not losing hope. If our Senators will only will it, and be true to the trust of serving the people with utmost responsibility and efficiency, the bill can be passed.

Let us make it difficult for our Senators to kill SB 3308. Join us as we march to the Senate on 7 December. We assemble at 12 noon at the Manila Film Center, CCP Complex.

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