Palace’s FOI bill makes asset statements ‘more accessible’

Friday, February 3, 2012

MANILA -- Malacañang’s version of the Freedom of Information (FOI) bill will make asset statements of government officials, including members of the Judiciary, more accessible to the public, said a Cabinet official Friday.

Under the measure, the President, Vice President, members of the Cabinet, members of Congress, members of the Supreme Court, members of constitutional commissions and other constitutional offices, and officers of the Armed Forces with general or flag rank are required to publicly disclose their statement of assets, liabilities and net worth (SALN) yearly. Officials are also required to post these documents on their agency's websites.

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Communications Undersecretary Manuel Quezon III said, however, that the Palace will still hold consultations regarding the bill's implementing rules and regulations to reconcile with the Supreme Court’s policy of withholding SALNs to avoid being subjected for harassment.

Information not relevant in the SALN of an official, including their addresses, children's names, and other personal data can be “redacted,” he added.

“The media, civil society, the public want to know ano ang mga ari-arian mo? Magkano ang halaga nito? Kailan mo binili, minana or whatever. Sa nakaraang taon, ngayong taon, paano ba nag-iba ang networth mo? I think we can all agree that this is the important information,” he said.

On Thursday, President Benigno Aquino III himself announced that Malacañang has submitted its version of the FOI bill to the House of Representatives.

“We formally submitted to our coalition partners in the House of Representatives a substitute Freedom of Information Bill, which we believe addresses stakeholders’ desires to have more transparency and more access to information in government,” Aquino said in his speech during the 112th anniversary of the Manila Bulletin on Thursday night.

The bill was submitted to the House Committee on Public Information chaired by Representative Ben Evardone.

“We want every other administration voted into power to work under the same standard of transparency and accountability that we have set for ourselves. This is a significant step toward achieving that goal,” the President added.

House Deputy Speaker Lorenzo Tañada III, author of the FOI bill, lauded Aquino for giving the green light on the proposed legislation.

“Many of the issues and concerns of the President have been addressed in a manner that is balanced with the rights of our citizens to access information on matters of public concern,” he said.

Tañada noted that the Palace version would still need to pass the House Committee on Public Information and its counterpart committee in the Senate where further improvements can be made by other legislators.

The House leader sees the FOI bill enacted into law within this year. The proposed law will allow easier access to government records.

“The early passage of this bill is important in fighting corruption, reforming and strengthening institutions and ensuring clean and transparent governance," he added.

Another author, Bayan Muna Representative Teddy Casino, said though that what Congress need from Malacañang is for President Aquino to push the bill's passage.

“We already have a superior version of the FOI bill at committee level in Congress and we do not need another version from Malacañang,” he said in a text message.

“What we need is the political will and push from President Aquino or House Speaker Belmonte to pass this bill. But as it seems, it is not even in the priority legislation of the administration or the House leadership,” the party-list lawmaker noted.

But while the proposed legislation was not certified as urgent, deputy presidential spokesperson Abigail Valte said Malacañang will pursue it “vigorously.”

“The FOI version we submitted yesterday (Thursday) was crafted way after decision on the 13 priority measures was made. President Aquino has finally authorized a version and we will pursue it vigorously,” Valte said, adding the President has been “very judicious” in exercising the certification power.

Communications Undersecretary Manuel Quezon III said making the bill as priority measure will require another Legislative Executive Development Advisory Council (Ledac).

Exceptions

The Palace version of the FOI bill gives all Filipino citizens an access to all information of all government agencies. However, several exceptions were stated in the measure, including those specifically authorized to be kept secret such as those relating to national security or defense, foreign affairs, and/or when its disclosure shall/may unduly weaken the negotiating position of the government in an ongoing bilateral or multilateral negotiation.

Data that may seriously jeopardize the diplomatic relations of the Philippines with one or more states will also be withheld.

Notes pertaining to the minutes and advice given and opinions expressed during decision-making or policy formulation invoked by the President to be privileged and are considered part of the President’s deliberative process will also be withheld under the bill.

However, once policy has been formulated and decisions made, minutes and research data may be disclosed unless they were made in executive session.

Information that will be withheld includes those regarding internal and/or external defense, law enforcement, and border control, especially when the disclosure thereof would:

a) unduly compromise or interfere with any legitimate military or law enforcement operation;

b) unduly compromise or interfere with the prevention, detection, or suppression of criminal activity, the effective implementation of immigration controls and border security;

c) deprive a person of a right to a fair trial or an impartial adjudication;

d) lead to the disclosure of the identity of a confidential source;

e) disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law;

f) endanger the life or physical safety of any individual;

Other information that will be withheld if these consist of drafts of orders, resolutions, decisions, memoranda or audit reports by any executive, administrative, regulatory, constitutional, judicial, or quasi-judicial body in the exercise of their regulatory, audit, and adjudicatory functions.

The bill also refuses public disclosure if information requested is obtained by any committee of either House of Congress in executive session; if it pertains to the personal information of a natural person other than the requesting party, and its disclosure would clearly constitute an unwarranted invasion of his or her personal privacy, unless it forms part of a public record, or the person is or was an official of a government agency and the information relates to his or her public function or the person has consented in writing to the disclosure of the information.

The bill also exempts public disclosure of data if these pertain to trade secrets and commercial or financial information obtained from a natural or juridical person other than the requesting party, obtained in confidence or covered by privileged communication, and/or filed with a government agency, and whenever the revelation thereof would seriously prejudice the interests of such natural or juridical person in trade, industrial, financial or commercial competition.

Information classified as privileged communications in legal proceedings by law or by the Rules of Court will also be publicly withheld under the law.

The bill states that the exceptions “are strictly construed” and cannot be used to “cover up a crime, wrongdoing, graft, or corruption.”

The President, the Supreme Court, the Senate, the House of Representatives, and the Constitutional Commissions may waive an exception with when they deem that there is an overriding public interest in disclosure.

Quezon said the copy of the bill was also sent to Senators Gregorio Honasan and Allan Peter Cayateno, “who gave positive feedback” about it.

No substantial difference

The final bill has “no substantial difference” to the previous drafts and the President remained firm in removing the proposal to create an information commission, he said.

Valte reiterated that the proposed bill is the result of extended and wide consultations with various stakeholders.

“Its basis and framework was the consolidated version based, in turn, largely on the FOI bill sponsored by Representative Erin Tañada. Extensive consultations were conducted with civil society and media proponents of FOI, as well as various agencies of the government,” she said.

“We believe that the draft we have submitted addresses the various concerns raised by different sectors, and will result in legislation that will strengthen the public’s access to information,” she added.

Quezon believed that the passage of this bill in the 15th Congress would be the administration’s “major achievement.”

Once passed, the FOI bill would also allow the public to provide definite procedure in dealing with requests for information and seeks to penalize officials denying access to information.

President Aquino vowed to support the passage of the bill during the 2010 presidential campaign.

The copy of the bill can be accessed through the Official Gazette website. (Jill Beltran/Kathrina Alvarez/Sunnex)