Senate ratifies bill strengthening right to information

The Philippine Senate ratified a bill strengthening the Filipino’s right to access information, especially government documents. Under the Freedom of Information bill, all agencies are required to make all data available to the public for scrutiny, copying, and reproduction. Information covered by the bill pertain to official acts, transactions or decisions, including government research data used as basis for policy development, regardless of their physical form or format in which these are contained and by whom these were made. "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. 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," the bill further said. Exemptions for documents endangering national security However, the bill exempts documents seen to endanger national security, foreign policies, and those pertaining to ongoing military or police operations. Similarly, documents which have been given previous exemptions under the Constitution will enjoy the same privileges under the approved bill. Personal information of a natural born citizen – unless requested by himself/herself – is also exempted since its disclosure is an unwarranted invasion of privacy. However, if such personal data forms part of public records and/or if the person is or was a government official and the information requested relates to his/her function, then it will not be exempted. Draft decisions in judicial proceedings or documents that are part of negotiations in diplomacy or international relations or those obtained by any committee of the Congress in executive session are also exempted. But these documents can still be accessed if the information requested may be reasonably severed from the body of the information and that the public interest in disclosing data outweighs the harm to the interest sought to be protected by the exceptions. Exemptions can also be lifted if the requesting party is either the Senate or the House of Representatives, or any of its committees and the disclosure is to be made in executive session. Jail time for those who refuse document requests Under the bill, those who wish to obtain information should submit a request to the government agency concerned in person, by mail, or through electronic means. The request should state the name and contact information of the requesting party, description of the information required, reason for the request and the preferred means by which the government shall communicate such information to the requesting party. It said the stated reason shall not be used to deny the request or refuse the acceptance of the request. The requesting party should show a current identification card issued by any government agency, employer, school, or community tax certificate. The government agency shall comply with or deny the request within seven days from the receipt of the request. If the request is denied, the requesting party may appeal to the person or office next higher in authority. The requesting party may also seek the help of the Office of the Ombudsman, through the filing of a verified complaint, or through filing of a petition for mandamus – an order that instructs persons and entities to do their duties – in court. Any public officer or employee who will violate the law will be punished with not less than one month but not more than six months imprisonment. No reason for refusing to sign bill, Malacañang says In the meantime, the bill’s ratification – and its eventual enactment into law – will usher “in a new era of transparency and accountability," Senator Alan Peter Cayetano, the bill’s principal author said. In a statement, he encouraged Filipinos “to take full advantage of their right to access information and to make government open and accountable." “It is only through open government as well as a well informed and empowered citizenry that democracy can be broadened and deepened in the Philippines," Cayetano added. For its part, Malacañang said that there is no reason for the President to refuse signing the newly-ratified bill. The Palace has nothing against publicly disclosing records as long as it is not detrimental to national security and violate executive privilege, deputy presidential spokesman Gary Olivar said. “We all share a common commitment to accessibility of information and freedom of the press, subject to the usual concerns of national security and executive privilege," Olivar said. Olivar added that the President even objected to the proposed Right of Reply Bill last year. If approved, the measure would give equal air time, online, and print space to individuals subjected to unflattering media reports. - RJAB Jr./GMANews.TV