Time is running out for 14th Congress to pass FOI Act

It will just take a few minutes to pass a bill that has been hanging in Congress for years. As the curtains begin to fall on the 14th Congress, which is currently preoccupied with canvassing the votes for president and vice president, the legislation that will solidify the Filipinos’ right to gain access to government records is still hanging in the House of Representatives. The Senate ratified its version of the Freedom of Information Act even before the official election period began, but the House version, House Bill 3732, still awaits ratification by legislators month before the 14th Congress ends on June 30.

House Speaker Prospero Nograles agreed last week to prioritize the bill once the lower chamber resumes legislative work after it finishes canvassing votes for the country’s top two posts, but the fate of the measure remains uncertain. “You need to wait ‘til we convert back to legislative functions after we proclaim president and vice president," he said in a text message Monday. [See: 14th Congress eyes 3-day legislative work before bowing out] Leaders in the media, business, and civil society are strongly pushing for the bill's immediate passage. Veteran journalist Malou Mangahas, executive director of the Philippine Center for Investigative Journalism (PCIJ), said the legislation would enable even ordinary citizens to access government records. "Kung yung mga reporter meron tayong practice sa pagkuha ng dokumento, lalo na yung PCIJ, gustong-gusto natin na lahat ng tao [din]– mula sa halimbawa land title, yung cash transfer program, yung mga dokumento ng SSS, GSIS, education and health benefits ng gobyerno (If reporters, especially the PCIJ, acquire documents, we want everyone else to be able to access documents as land titles, cash transfer programs, documents of the SSS, GSIS, education and health benefits of the government)," she said in an interview over GMA News' Unang Hirit on Monday. "Hinihingi lang natin voice vote, wala pang isang minuto (We're just asking for a voice vote, it won't even take a minute)," she said. "Walang kahirap-hirap. Kung mapapasa, ito yung legacy na maganda ni Speaker Nograles (It won't be difficult. If this is passed, this will be a good legacy of Speaker Nograles)."
Even Catholic Church leaders are pushing for its ratification, with several churches nationwide holding masses last Sunday for the passage of the bill. Manila Auxiliary Bishop Broderick Pabillo – who chairs the Catholic Bishops' Conference of the Philippines' Episcopal Commission on Social Action, Justice and Peace – appealed to the patriotism of lawmakers and urged them to show their commitment to the 1987 Constitution by ratifying the bill, which will pave the way for the full disclosure of all government transactions involving public interest. The citizen’s right to information on matters of public concern is constitutionally enshrined. The 1987 Constitution clearly states that “access to official records and to documents and papers pertaining official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law." Almost 23 years have passed since the drafters of the 1987 Constitution ensured protection of this right, but until now, the four post-Martial Law administrations have not come up with an implementing law for this constitutional provision. The country is currently at the closest it can get to this implementing law. The Senate ratified its version of the FOI Act, Senate Bill No. 3308, in February 1. In the House of Representatives, however, advocates of the bill are racing against time to have the much-awaited measure passed. Lawyer Nepomuceno Malaluan, spokesperson of the “Right to Know. Right Now!" campaign, has expressed concern that the House leadership might rule the passage of the bill out of order when the chamber resumes its legislative work this week. “The House leadership can make it difficult for the bill to be on the agenda," he said in a phone interview. Malaluan said the House leadership has the power over the “death" of a measure, especially a controversial one. He cited as an example the Human Rights Compensation Bill which was just awaited ratification from the lower chamber during the 13th Congress, but was waylaid until the sessions closed. He dared Nograles—whose “waning" enthusiasm to pass the measure he described as “puzzling"— to stay true to his commitment to ratify the FOI bill. “We need the House leadership to make good the promises it made during the last session to make this bill a priority in the next session… Otherwise, we were just taken for a ride the whole time," the lawyer said. Still hopeful Although the passage of the Freedom of Information Act remains uncertain, one of its authors, Quezon Rep. Lorenzo Erin Tañada III, is still optimistic that the measure will be passed before the 14th Congress ends. In a separate phone interview with GMANews.TV, Tañada said the support of all 197 House members who voted in favor of the bill during its last deliberation on the floor “has remained the same" – proof that the measure is on its way to becoming a law. “We are still confident that it will be ratified with the help of the House members who voted in favor of the bill without any objection. Madali lang naman ‘yan. Wala pang dalawang minuto ang aabutin," he said. He said the bill will not only empower the media but also ordinary citizens. “This bill, more than anything else, is for good governance. It will enable residents to inquire how the local government spends their taxes, thus enabling common people to participate in local governance," the lawmaker said. Tañada said the measure is in line with president-apparent Senator Benigno “Noynoy" Aquino III’s plan to rid the country of corruption. “It will really be a big help for the incoming administration to have a law like this. Maganda na sa pagpasok ni Noynoy bilang president, may batas na para sa transparency of government transactions," he said. Malaluan said his group, along with other media agencies pushing for the passage of the FOI bill, will watch closely the House of Representatives' moves this week to ensure the ratification of the measure. "We will be with these legislators on the floor on Monday to exert pressure for them to pass this bill. We are not giving up. There is still time. We do not want this bill to die and go through the very difficult legislative process again in the next Congress. This bill should be given highest priority," he said. Senate push Meanwhile, the Senate on Monday approved a resolution urging the House of Representatives to pass the FOI Bill. In Resolution 1565 authored by Senate President Juan Ponce Enrile, Majority Leader Juan Miguel Zubiri, Senators Edgardo Angara and Gregorio Honasan II, the chamber said the House should ratify the bicameral conference committee report before the sine die adjournment of the 14th Congress last Friday. The senators said this is to “bring forth a law that will empower our people and contribute decisively to the transformation of our governance landscape." The Senate passed the report in February before the Congress adjourned to give way to the campaign period for the May 11 polls. [See: Senate ratifies bill strengthening right to information] The House failed to do the same due to lack of quorum. It was the House that first approved the freedom of information bill on May 12, 2008. The Senate passed the counterpart bill on December 14, 2009. The members of both chambers met to reconcile the disagreeing provisions of the two bills on January 18, 2010. — with a report by Amita Legaspi and Jam Sisante/LBG, GMANews.TV