Dysfunction in Malacanang on Freedom of Information | VIA Times – August 2014 Issue
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Dysfunction in Malacanang on Freedom of Information

joe mauricio

By: Joe Mauricio

 

edit1The presidential State of the Nation Address (SONA) by President Nonoy Aquino last month did not touch on a very important issue facing the nation. The absence of a very important issue for the Philippines, the Freedom of Information Act, a law that provides that any person has a right, enforceable in court, to obtain access to national government’s records. If passed by the Philippine Congress, it will give the person the right to access information from the national government. It is often described as the law that keeps citizens in the know about their government. Under the FOI, agencies of the government must disclose any information is requested–unless that information is protected from public disclosure. In America, FOI is a vital part of our democracy. While the Philippine Constitution guarantees citizens the right to information, the provision is vague and unevenly enforced. It looks detached with respect to scope, procedure to access information, and also the sanctions in case the right is violated. With the ongoing investigation regarding corruption and pork barrel scam, opposition lawmakers accused of malversation and plunder are in jail while allies of the president on the Napoles list remain untouched. Now, the question, is Mr Aquino suppressing the passage of FOI to protect his political allies? If that is the case, he will surely not support the passage of FOI as long as his allies might be in jeopardy if some documents implicate his protectorates. How about Hacienda Luisita (large sugar plantation located in the province of Tarlac, Philippines, owned by the Cojuangco/Aquino family which includes the current PH President), any PDAP money diverted to finance some settlements here? Giving public to financial disclosures and budget releases could help reduce leakage of public funds through corruption. Why does President Aquino renege on his campaign promises to support the passage of FOI Bill? The pending legislation would strengthen the Philippines’ constitutional guarantee by categorizing information that should be shared automatically, create an official process for information request, and sanctions for government agencies that don’t comply. Opponents argue the bill is unnecessary because President Aquino who campaigned on a platform of greater government transparency, has taken steps to advance openness and fight corruption. They said that the passage of FOI could jeopardize national security of individuals by making personal information more readily accessible to thieves or irresponsible media. Some politicians or lawmakers including the president, fear that more effective legislation might erode their base of power. In the American government, the law lays out clear standards and guidelines for accesss to information, making the government accountable to its people. By and large, the American law is a strong blueprint and has a strong tool for the press and activists. For us, at VIA Times, the Freedom of Information Act is really fundamental to how we think about democracy, transparency, and accountability. Mr. Aquino, as President ot the Philippines, you are accountable for the passage or delay of the mostawaited Freedom of Information (FOI) Bill.

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