Want to speak up for FOI? See you at the House today

LOVE your country and love the Freedom of Information (FOI) bill?

If you do, perhaps you may want to attend the plenary session at 4 p.m. today, Tuesday, of the House of Representatives, Old Batasang Pambansa Complex in Diliman, Quezon City.

Barring further delaying ploys by some lawmakers, the FOI bill is scheduled to be discussed at the House today, starting with a sponsorship speech by Committee on Public Information chairman Rep. Ben Evardone, and hopefully thereafter, quickly, plenary debate may ensue.

Meanwhile, the ranks of FOI advocates continued to grow, with more civil society organizations and leaders speaking up for the immediate passage of the bill in the 15th Congress.

The following organizations have added their voices to the clamor for the FOI bill to pass into law in the last eight session days until Feb.8, when Congress adjourns again for the May 2013 elections.

* Speaking for the Action for Economic Reforms, a lead civil society group in the successful campaign for the sin tax reform, senior economist Jo-Ann Latuja called on Speaker Feliciano Belmonte Jr. to “facilitate the passage of FOI in the same way that he instructed Congress to overwhelmingly approve the Abaya sin tax bill in Congress.” The FOI bill, she said, will “help the effective enforcement of the sin tax bill.”

* Dr. Sylvia Estrada Claudio of Likhaan, a lead civil society group that helped in the passage of the reproductive health (RH) law, said that access to information by having the law on FOI is also crucial for the implementation of the RH law.

“The RH law is about giving the people, especially the women, a choice. People can make correct choices or will be aware of the consequences of their choices if information is made available to them,” she said.

According to Claudio, the FOI bill “promotes a culture of openness or transparency in the bureaucracy, which in turn, will benefit citizens who wish to get information and education related to RH from the government.”

* Ms Cielo Magno, executive director of Bantay Kita, a national civil society coalition made up of more than 80 organizations that monitor revenues in the extractive industries and which is represented in the multi-stakeholder group for the Philippine Extractive Industries Transparency Initiative (EITI), said that a law on freedom of information is “a necessary component of EITI, and it is the key to the EITI’s success.”

The EITI international community, she said, will laud a law on access to information, which “will complement EITI.”

Earlier, many other major civil society groups have issued separate statements exhorting Belmonte and House leaders to assure quick passage of the FOI bill in the 15th Congress.

They include the FOI Youth Initiative of 68 student councils and youth organizations; a group of professors, deans, and a university president from various colleges and universities; the Catholic Bishops Conference of the Philippines’ social action arm NASSA-JP; the Makati Business Club through its executive director Peter Angelo V. Perfecto; a group of 10 Netizens and bloggers; the National Union of Journalists of the Philippines; the Kapisanan ng mga Brokaster sa Pilipinas; and the Philippine Press Institute.

FOI advocates walk out during Congress session

SCRATCH ONE DAY.

Advocates of the Freedom of Information (FOI) bill still pending in Congress walked out during the resumption of regular session in the House of Representatives after the lower chamber again failed to calendar the measure for floor debates.

House leaders said the measure will be taken up on the floor beginning tomorrow (Tuesday Jan. 22), leaving just eight remaining session days before Congress adjourns for the long election break.

FOI advocates have been demanding quick Congress action on the FOI beginning today, as there are only nine session days remaining before the chamber goes on extended break on Feb. 8. After that, the 15th Congress will only resume session for three days in June this year, during which time it wraps up sessions.

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The measure’s principal author took the floor Monday afternoon to ask the House leadership if the FOI would finally be taken up on the floor. To this, Deputy Majority Leader Bolet Banal responded that the Committee on Rules had decided to calendar the measure the next day, Tuesday.

At this point, some 70 members of the Right to Know Right Now Coalition immediately stood up and walked out of the gallery, with some chanting “FOI, FOI, Ipasa!”  (Pass the FOI!)

The FOI advocates continued to chant as they walked down to the lobby, even as congress security men tried to usher them out into the driveway. The demonstration continued in front of Congress as chanting FOI advocates spilled out into the driveway, to the surprise of some congressmen who were arriving late.

Right to Know Right Now lead convenor Nepomuceno Malaluan said the group is sorely disappointed that the Congress leadership is still dribbling the FOI despite the widespread calls for its passage. Malaluan said that if the House leadership was really interested in transparency and accountability, the measure would have been immediately calendared and rushed through the legislative mill.

Malaluan said that the bill could easily be passed in the remaining eight session days if only the House leadership would put its shoulders behind the measure. However, if Congress is really not bent on passing the bill, no number of days would be enough to see the bill through.

For his part, House Committee on Public Information chairman Ben Evardone said he had warned FOI proponents that there were still many contentious provisions in the measure that need to be discussed on the floor.

Evardone says he knows of several Congressmen who have personally told him of their concerns with the FOI measure. These Congressmen, Evardone said, are certain to block passage of the FOI until their concerns have been addressed.

These include Reps. Pedro Romualdo and Rodolfo Antonino. Romualdo had successfully blocked the ratification of an earlier version of the FOI bill during the 14th Congress by raising the issue of a quorum in the chamber. For his part, Antonino had tried to block the FOI’s approval in the committee level by insisting on the inclusion of a Right of Reply (ROR) provision, which would require media agencies to provide equal time or space to government officials who feel slighted by news stories about them.

At the same time, the Makabayan block of legislators allied with the party-list group Bayan Muna has withdrawn authorship of the FOI, saying that the measure now pending before Congress has been heavily watered down by Malacanang so as to make it ineffective and even anti-transparency.

Bayan Muna Rep. Teddy Casino said the seven-member block was withdrawing its support for the measure until the bill takes on a more acceptable form. Casino said that in its present form, the bill only serves to institutionalize exemptions that would allow government officials to block access to information.

In fact, the members of the Makabayan block said the Freedom of Information bill has now become the Freedom of Exemption bill because of the long list of exemptions granted to government officials. Among the points of concern raised by the Makabayan block are the provision for executive privilege, as well as the exemption that allows police and military officials to keep information confidential if they think it would interfere with the detection and suppression of criminal activity.

 

Senate passes FOI on second reading

 

THE LONG-DELAYED Freedom of Information (FOI) bill breezed through the Senate floor on second reading Tuesday night, with main sponsor Senator Gregorio Honasan guaranteeing passage on third and final reading by next week.

But prospects are not as bright in the House of Representatives, as FOI advocates prepare to battle it out with the measure’s opponents in the plenary. Also on Tuesday, the House committee on public information formally approved the consolidated committee report, paving the way for debates on the House version in the plenary. The consolidated committee report had actually been approved as early as last month, but committee chairman Ben Evardone had insisted on calling another committee hearing just to formalize the approval.

In contrast, the Senate version was reported to the floor last week, after which several senators proposed amendments to the bill. Honasan said the amendments were mostly minor; Senator Miriam Defensor Santiago, for example, had wanted to rename the bill to the Freedom of Information Act or FOI, after Honasan gave the measure the somewhat catchier name POGI, or the People’s Ownership of Government Information Act. POGI, of course, is a colloquial word meaning “handsome.”

In the end, Honasan said he preferred to keep the name POGI, even though advocates are more familiar with the acronym FOI.

After a brief period of amendments, Honasan moved to have the bill passed on second reading. Hearing no objections, Presiding Officer Jinggoy Estrada declared the measure passed.

Honasan said the third reading of the bill would be a mere formality in the Senate. As such, he said FOI advocates must now train their guns on the House of Representatives.

Atty. Nepomuceno Malaluan, Right to Know Right Now Coalition convenor, said the ball is now in the court of Speaker Feliciano Belmonte Jr. and President Benigno S. Aquino III.

Malaluan said that with the FOI virtually passed in the upper chamber, it would be up to the President and the House Speaker to wield their clout and make the measure move through the House.

In particular, Malaluan said FOI advocates are still hoping that President Aquino would certify the bill as urgent. Malaluan pointed out that the President had repeatedly expressed his support for the FOI when he was still a presidential candidate. The President’s interest in the bill appear to have waned though after he assumed office.

 

The bill has met some resistance in the lower chamber, with several congressmen demanding the insertion of a provision providing for a right of reply, or ROR. The ROR rider would require media organizations to give equal time, space, and prominence to officials who feel that they were the targets of negative reportage. ROR proponents in the House of Representatives insist that this provision would curb alleged excesses within the media. Media organizations however say that the ROR proviso is unconstitutional, as it virtually legislates editorial content.