Espinoza: Cebu City’s FOI ordinance still in limbo?

Espinoza: Cebu City’s FOI ordinance still in limbo?

On the celebration of the World Press Freedom Day on Wednesday, May 3, 2023, the Cebu Citizens-Press Council (CCPC) in partnership with the Embassy of the Kingdom of the Netherlands, sponsored a lunch forum at an uptown hotel on how Cebu City’s ordinance on Freedom of Information (FOI) works. Invited as resource speakers were City Councilor Rey Gealon, chairman of the committee on laws, and Cerwin Eviota of the city mayor’s communication staff. Eviota, however, declined.

Celebrated every third of May, this year’s theme for the World Press Freedom Day was “Shaping a Future of Rights: Freedom of Expression as a Driver for all other Human Rights.” According to Unesco, the theme signifies “the enabling element of freedom of expression to enjoy and protect all other human rights.” In his video message on this World Press Freedom Day celebration, United Nations Secretary-General António Guterres said: “For three decades, on World Press Freedom Day, the international community has celebrated the work of journalists and media workers.”

CCPC’s Atty. Pachico “Cheking” Seares finds it significant to hold during this World Press Freedom Day an event that is close to the heart of the journalists and utilize the FOI ordinance of Cebu City, Ordinance 2657, authored by then city councilor now Rep. Edu Rama, that Cebu City Mayor Michael Rama signed into an ordinance in July 2022, as springboard for discussion.

Atty. Eddie Barrita moderated the forum and Atty. Joemar Poblete was the reactor. Both lawyers are members of Cebu Media Legal Aid (Cemla).

“Recognizing the importance of the people’s right to government information, the Cebu City Government deems it necessary to provide a local mechanism for its offices where the people’s right to information is respected and upheld, subject to exceptions provided by law, ordinances and jurisprudence,” states the rationale of Ordinance 2657.

Ordinance 2657 somehow enhanced President Duterte’s Executive Order 2, Constitutional right to information, as it finds EO 2 “limited in scope to government offices under the Executive Branch and merely enjoins the local government units (LGUs) to observe and be guided accordingly.”

As set under the ordinance, the public can seek information under the ambit of “public concern” or “public interest,” but there would also be a list or inventory of “exceptions” where the right granted under the ordinance does not apply. The ordinance tasked the City Legal Office and the City Council to come up with the list, which would be updated from time to time. Section 7 (Application and Interpretation), though, states that “(t)here shall be a legal presumption in favor of access to information, public, or official records. No request for information shall be denied unless it falls under any of the exceptions in the inventory of FOI exceptions,” according to Cebu City News & Information.

During the discussion, after the opening statement of Councilor Gealon, who was once a member of the press, it appears that this ordinance is still not in effect despite its passage last year for the sole reason that Cebu City or Mayor Rama is yet to appoint a focal person who would be responsible for accepting and granting or denying the request for information from the media and the public as well.

A reactor commented that Cebu City’s FOI ordinance is unique (with laughter) because it would soon be amended before it could be of service to the public and the press. Gone are the days when it was the news source that would call our attention to pick up the news story.

Councilor Gealon, on the suggestion of former Cebu Province Prosecutor Jane Petralba, agreed to redo this ordinance with the inputs gathered during the forum.

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