Senate OKs freedom of information bill on 3rd reading

The Senate on Monday approved on third and final reading the Freedom of Information Bill, which mandates all government agencies to make available all public records to all interested individuals or groups. "Magkakaroon na ng batas kung saan [pinagtitibay] ang karapatan ng lahat ng mamamayan na makita ang records ng ating bansa (With this, we shall have a law promoting the right of all Filipinos to have access to all public documents). All records should be made available to the media, to NGOs [non government organizations], and to any interested groups without fear or favor of repercussion from government agencies," Senate Majority Leader Juan Miguel Zubiri told reporters after the session. Zubiri branded as "hogwash and a terrible excuse for transparency" the old rule that required people to obtain first a court order or seek permission from the Sandiganbayan and the Ombudsman before they could be given public documents. "This law is crucial for transparency at credibility of the next administration," he said. Senator Joker Arroyo, who earlier expressed opposition to the approval of Senate Bill 3308, later voted for it. Twelve senators were present when the bill was approved. The Senate approved SB 3308 on second reading last Monday. The bill states that the government recognizes the right of the people to information on matters of public concern, and adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to the procedures and limitations provided. "This right is indispensable to the exercise of the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making," the bill stated. Under the bill, all government agencies are required to make available to public for scrutiny, copying and reproduction all information pertaining to official acts, transactions or decisions, as well as government research data used as basis for policy development, regardless of their physical form or format in which they are contained and by whom they were made. "There shall be a legal presumption in favor of access to information. Accordingly, government agencies shall have the burden of proof of showing by clear and convincing evidence that the information requested is exempted from disclosure by this Act," it said. Those who wanted to obtain information shall submit a request to the government agency concerned personally, by mail, or through electronic means of communication. The request shall state the name and preferred contact information of the requesting party, and reasonably describe the information required, the reason for the request of the information and the preferred means by which the government agency shall communicate such requested information to the requesting party. The stated reason, or the failure to state the reason for the request of the information, shall not be used as a ground to deny the request or to refuse the acceptance of the request, unless such reason is contrary to law, the bill further said. Exempted from the bill, however, are documents that might endanger national security, documents on ongoing military or police operations, and others that fall under other exemptions provided under the Constitution. Draft decisions in judicial proceedings or documents that are part of negotiations in diplomacy or international relations are also exempted. Government officials or employees who will violate the law, once enacted, could face imprisonment of not less than one month but not more than six months. The Senate is yet to assign its contingent to the bicameral conference committee to meet with the members of the House of Representatives to reconcile the two chamber's respective versions of the bill. - LBG/KBK, GMANews.TV