Non-Passage of the FOI Bill
in the 15th Congress is Not Acceptable
Carpe diem! Seize the day! Starting November 5, the FOI Bill enters a most critical stage. There would only be 35 working days left before Congress again adjourns on Dec 21. Session will resume for only 15 days next year from Jan 21 to Feb 8, after which legislative work virtually grinds to a halt to give way to the campaign for the May 13, 2013 elections. Time is of the essence to maximize the FOI law’s full potential in fighting corruption and ingraining the culture of transparency and accountability in government.
Statement of the Right to Know, Right Now! Coalition
05 November 2012
A little over three months ago, Speaker Belmonte uttered these words to summon his colleagues in the House of Representatives to work harder and faster on bills pending in the chamber, not least of them the FOI (Freedom of Information) bill. This clarion call may well be addressed not only to the House, but to the Senate, the Executive, and the public as well.
Starting Nov. 5, the FOI bill enters a most critical stage. There would only be 35 working days left before Congress again adjourns on December 21. Session will resume for only 15 working days next year from January 21 to February 8, after which legislative work virtually grinds to a halt to give way to the campaign for the May 13, 2013 elections.
While time is running out, the FOI bill can still take a different path than it did under the 14th Congress of Speaker Prospero Nograles and President Gloria Macapagal-Arroyo, if only the House of Representatives, the Senate, and President Benigno S. Aquino IIIwill take decisive action now.
At the House of Representatives, the first hurdle will be for the Committee on Public Information to approve a committee report when it meets on Tuesday, November 13.
After the bill passes the Committee on November !3, House Speaker Feliciano Belmonte Jr. must be able to lead the House in approving the bill before it adjourns on December 22.
At the Senate, the progress of the FOI bill has slowed down despite the strong stated commitment to its passage by the Senate leadership and FOI champions. After Senator Gregorio Honasan II sponsored the FOI committee report before the Senate plenary last 4 June, Senator Alan Peter Cayetano, a key champion of the FOI bill, has not found an opportunity to deliver his co-sponsorship speech that would pave the way for the period of interpellation on the bill.
We hope Senator Cayetano delivers his co-sponsorship speech at the soonest, and Senator Honasan shepherds the bill through interpellations and approval in plenary also before the December 22 adjournment.
Only an approval of the FOI bill on second and third reading in both Houses before adjournment on December 22 will allow it to go through bicameral conference committee in time for ratification when session resumes in January.
While the primary burden for passing the FOI law rests with Congress, there is no denying the critical factor that Malacañang’s unequivocal support will play in getting this landmark measure through. Even as we acknowledge Malacañang’s endorsement of an amended FOI bill in Congress in February this year, the hands-off position that Malacañang has since taken on the bill is regarded by no less than House Committee Chairman Ben Evardone as a signal to prevent the advance of the measure.
In an interview in the television program FailonNgayonlast August,Evardone gave the following explanation for his earlier inaction on the FOI bill:
“Hindi namanakoangpumipigil personal. Ako, matagalkonanggustongilabasyanditosa committee ko eh dahilakongaangnabubugbogsa media. Eh dati pa akongtaga media. Eh hindinamanpuwedengakolang mag-decide n’yan, siyempre. Eh ito pang issue nanapaka-sensitibo, napaka-controversial, at hindinaman priority ngatingPangulo, kasiwaladoonsa legislative agenda nasinubmitsaatin, waladoonsa SONA, although binanggitngating Speaker naisayansamga kung bagadapatnapagbigyanng priority.”
Evardone added:
“But there is no party stand. Is there a party stand of the Liberal Party? There is none! Kung merong party stand ang Liberal Party, no problem, ako I toe the line.”
With Evardoneopenly and publicly blaming President Aquino and his party for the delay in the passage of the FOI Act, we must hear from the President and LP reformers to refute Evardone, and take an unambiguous support for the FOI bill’s passage as they do on other measuressuch as the sin tax bill.
On our part we see the roadblocks to the passage of the FOI law as a challenge to strengthen our resolve to push for the immediate passage of the FOI law.
The importance of passing the FOI Act is acknowledged by the highest leaders of our country.
In his speech before the Makati Business Club – Management Association of the Philippines joint membership meeting on 19 November 2010, Speaker Belmonteemphasized that “the drive against corruption requires a comprehensive approach that includes enhancing law enforcement, increasing prosecutorial success, and establishing a culture of transparency in government.” He identified the FOI bill as among the legislative proposals being studied towards such ends.
Senate President Enrile provided a keen insight into the impact of passing the FOI Act, in his speech at the opening of the third regular session of the 15th Congress last July 23. He said:
“The benefits of transparency are mutually advantageous to civil society and government. The vigilance of our citizens becomes the standard (on) which our public leaders will be measured. Transparency parts the curtains of corruption and illegal practices. In turn, accountability, will refine decision-making, and make leadership and public institutions more responsive and efficient.”
Budget and Management Secretary Florencio Abad, in a statement released when hesubmitted Malacañang’s endorsed version of the FOI bill to the House last February, said that it is essential in the Aquino administration’s governance and anti-corruption plan:
“President Aquino believes that we can curb corruption more successfully and strengthen public institutions if citizens are given greater access to official information. Moreover, freedom of information—limited only by a few legitimate areas of confidentiality—will empower the people to hold their leaders accountable and get actively involved in governance.”
Time is of the essence to maximize the FOI law’s full potential in fighting corruption and ingraining the culture of transparency and accountability in government. If we again wait for the next Congress to pass the FOI law, there would be very limited time to ensure its proper and effective implementation that we hope an anti-corruption administration can ensure. One key lesson from anti-corruption efforts is that we are weakest in implementation.
Also, passing the FOI law now will reinforce the political statement that the fight against corruption applies equally to all. It will no doubt make a difference in the landscape of the anti-corruption efforts of government, which used to put political survival at the forefront while key measures are made to wait in order to manage politics.
We will not accept a non-passage of the FOI bill in the 15th Congress!
As part of our continuing expression ofour collective demand for the immediate passage of the FOI bill, we shall peaceably assemble in Mendiola on 12 November 2012, andcall on President Aquino as well as the leaders and members of the Senate and House of Representatives, to honor their promise to pass the Freedom of Information Act.
Signed (5 November 2012):
1. Atty. NepomucenoMalaluan
Co-Director, Institute for Freedom of Information and
Co-Convenor, Right to Know. Right Now! Coalition
2. Bishop Broderick S. Pabillo, DD
Chairman, Catholic Bishops’ Conference of the Philippines – National Secretariat for Social Action-Justice and Peace (CBCP-NASSA)
3. Ms. MalouMangahas
Executive Director, Philippine Center for Investigative Journalism
4. Ms. Annie Geron
General Secretary, Public Services Labor Independent Confederation (PSLINK)
5. Mr. Vincent Lazatin
Executive Director, Transparency and Accountability Network
6. Prof. Luis Teodoro
Deputy Director, Center for Media Freedom and Responsibility
7. Mr. Josua Mata
Secretary General, Alliance of Progressive Labor (APL)
8. Ms. Yuen Abana
Campaign Coordinator, PartidongManggagawa
9. Ms. Clarissa V. Militante
Coordinator, Focus on the Global South, Philippines Programme
10. Mr. Jun Aguilar
Mr. ElsoCabangon
Filipino Migrant Workers Group
11. Mr. Max M. De Mesa
Chairperson, Philippine Alliance of Human Rights Advocates (PAHRA)
12. Mr. Ramon R. Tuazon, President
Dr. ?Florangel Rosario-Braid, President Emeritus & Senior Adviser?
Ms. Madeline B. Quiamco, Dean
Asian Institute of Journalism and Communication
13. Atty. Roberto Eugenio Cadiz
Executive Director, Libertás
14. Mr. AlwynAlburo, Vice Chairman
Ms. Rowena Paraan, Secretary-General
National Union of Journalists of the Philippines
15. Prof. Leonor M. Briones
Lead Covenor, Social Watch Philippines
16. Ms. Maxine Tanya Hamada
Executive Director, International Center for Innovation, Transformation and Excellence in Governance (INCITEGov)
17. Mr. Ariel Sebellino
Executive Director, Philippine Press Institute
18. Mr. Norman Cabrera, Secretary General
Mr. John Carlos G. de los Reyes, Candidate for Senator (2013)
Mr. Rizalito Y. David, Candidate for Senator (2013)
Atty. MarwilLlasos, Candidate for Senator (2013)
Mr. Carlos Cabochan, Candidate for Representative, 2nd District of Caloocan City (2013)
Mr. Harry Tambuatco, Candidate for Representative, Lone district of Muntinlupa city (2013)
Mr. Edilberto M. Cuenca, Candidate for Representative, 1st District of Makati City (2013)
Mr. Frank Reyes, Candidate for Representative, Lone District of Mandaluyong City (2013)
AngKapatiran Party
19. AttyEireneJhoneAguila
FOI and New Politics Advocate
20. Ms. Joy Aceron
Program Director, Government Watch/ PODER, Ateneo School of Government
21. Dr. Segundo Romero
Program Director, Ateneo School of Government
22. Mr. SixtoDonato C. Macasaet
Executive Director, Caucus of Development NGO Networks (CODE-NGO)
23. Mr. Bong Fabe
Freelance journalist
24. Ms. Jenina Joy Chavez
Southeast Asia Monitor for Action
25. Dr. Joseph Anthony Lim
Professor, Economics Department, Ateneo De Manila University
26. Dr. J. Prospero de Vera
Professor, UPNCPAG
Executive Director, Pimentel Institute for Leadership and Governance
27. Atty. RisaHalagueña
Fellow, Action for Economic Reforms
28. Sr. Cres Lucero, SFIC,Co-Chairperson
Mr. Emmanuel Amistad, Executive Director
Task Force Detainees of the Philippines
29. Atty. Corazon Valdez Fabros
Lead Convenor, Stop the War Coalition Philippines
30. Ms. Ana Maria R. Nemenzo, National Coordinator
Ms. Mercy Fabros, Advocacy and Campaign Coordinator
Ms. May-iFabros, Coordinator of Young Women Collective
Ms. Rosheic Sims, Assistant Coordinator of Young Women Collective
WomanHealth Philippines
31. Mr. Rolando Ocampo
Spokesperson, Prudentialife Warriors/Movement for Change and Good Governance
32. Ms. CieloMagno
Coordinator, Bantay Kita
33. Mr. Red Batario, Executive Director
Ms. G. Sevilla Alvarez, Program Director
Center for Community Journalism and Development
34. Mr. Isagani R. Serrano
President, Philippine Rural Reconstruction Movement
35. Dr. Sylvia Estrada-Claudio
Director, University of the Philippines Center for Women’s Studies.
36. Ms. Jessica Reyes-Cantos
Lead Convenor, Rice Watch and Action Network
37. Mr. JaybeeGarganera,
National Coordinator, AlyansaTigil Mina (ATM)
38. Mr. Jong Pacanot
Secretary General, Freedom from Debt Coalition – Southern Mindanao
39. Ms. Evita L. Jimenez
Executive Director, Center for People Empowerment in Governance (CenPEG)
40. Ms. Andrea Maria Patricia Sarenas
Chairperson, Mindanao Coalition of Development NGO Networks (MINCODE)
41. Fr. Albert E. Alejo, SJ
Ehem Anticorruption Program
42. Mr. Jason Alacapa
Chairperson, University Student Council (UPM USC), UP Manila
43. Ms. Jean Enriquez
Executive Director, Coalition Against Trafficking in Women-Asia Pacific
44. Dr. Nymia Pimentel Simbulan
Executive Director, PhilRights
45. Atty. Ray Paolo J. Santiago
Executive Director, Ateneo Human Rights Center
46. Ms. Zenaida S. Mique
Executive Director, Claimants 1081
47. Sr. Nelda L. Balaba, OND
Program Coordinator, Justice and Peace Desk – Social Action Center, Diocese of Marbel
48. Ms. Marjorie Anne Yoro
Suprema, UP KabataangPilosopoTasyo (KaPiTas), UP Diliman
49. Ms. Moses Albiento
Chairperson, Alliance of Student Leaders (ASL), Ateneo de Manila University
50. Mr. Joseph Angelo Gutierrez
Chairperson, Movement of Students for Progressive Leadership in UP (MOVE UP), UP Los Baños
51. Mr. Tristan DaineZinampan
Chairperson, Linking Everyone Towards Service CDC (LETS CDC), College of Development Communication, UP Los Baños
52. Ms. Mary Ann Fuertes
Executive Director, Interface Development Interventions, Inc. (Davao City)
53. Atty. Arvin A. Jo
Focal Person, The Access Initiative – Philippines
54. Ms. April Lamentillo
Supremo, SandiganngmgaIskolarparasaNagkakaisang CAS (SINAG CAS), College of Arts and Sciences, UP Los Baños
55. Mr. Curt Russel Lopez Delfin
President, Metro Manila Alliance of Communication Students (MACS)
56. Mr. John Mark Salvador
President, BagongBenilde, De La Salle – College of Saint Benilde
57. Mr. Van Battad
President, UP SirkulongmgaKabataangArtista (SIKAT), UP Diliman
58. Ms. Luisa Lioanag
BosTsip-Tsip, UP BukluransaSikolohiyang Pilipino (Buklod-Isip), UP Diliman
59. Ms. Starjoan Villanueva
Executive Director, Alternate Forum for Research in Mindanao
60. Mr. Joseph Purugganan
Coordinator, EU-ASEAN FTA Network
61. Ms. PatriczaTorio
Tagapangulo, UP LipunangPangkasaysayan (LIKAS), UP Diliman
62. Ms. Marian Bahalla
Chairperson, Laban COC Party, College of Communication, Polytechnic University of the Philippines
63. Mr. Arjay Mercado
President, UP Economics Towards Consciousness (ETC), UP Diliman
64. Mr. Joshua Layog
Primer, Katipunan CHE, College of Human Ecology, UP Los Baños
65. Ms. EmaEscanilla
Speaker, UP People-Oriented Leadership in the Interest of Community Awareness (UP POLITICA), UP Diliman
66. Mr. Edward Dayog
President, UP Organization of Human Rights Advocates (OHRA), UP Diliman
67. Mr. JC Tejano
National Chairperson, BukluranngmgaProgresibongIskolar – UP System (BUKLURAN – UP SYSTEM)
68. Ms. Ara Tan
President, UP Kalipunanngmga Mag-aaralngSosyolohiya (KMS), UP Diliman
69. Mr. Ace Ligsay
Chairperson, UP Alyansangmga Mag-aaralparasaPanlipunang Katwiran at Kaunlaran (UP ALYANSA), UP Diliman
70. Mr. Mickey Eva
President, Coalition for Students’ Rights and Welfare (STRAW Coalition)
71. Mr. Carlo Brolagda, Chairperson
Mr. Chris Alquizalas, Councilor
College of Social Sciences and Philosophy Student Council (CSSPSC), UP Diliman / Convenors, FOI Youth Initiative (FYI)
72. Mr. Joshua Young
Chairperson, BigkisngmgaIskolar Para sa Bayan TungosaMakabuluhangPagbabago – UPM (BIGKIS-UPM), UP Manila
73. Mr. VikoFumar
President, BUKLOD CSSP, College of Social Sciences and Philosophy, UP Diliman
74. Julliano Fernando A. Guiang
Councilor, University Student Council, UP Diliman
Convenor, Disclose All Records (DARe) Movement
75. Mr. DegDaupan
President, AlternatibongKatipunanngmga Mag-aaral (AKMA), UP Baguio
76. Mr. Walter Tamayo
History Department Representative, AngKAS (CSSP History Department Core Group), UP Diliman
77. Mr. GioAlejo
President, SanggunianngmgaPaaralang Loyola ngAteneo de Manila, Ateneo de Manila University
78. Mr. Jose Valencia
President, KASAPI KaisahanngMigrantengManggagawasaGresya
79. Mr. LejunDela Cruz,
Acting Chairperson, AlabKatipunan
80. Aurora A. Regalado
Managing Trustee, Management and Organizational Development for Empowerment (MODE)
81. Mr. Renato Dela Cruz
President, AnibanngManggagawasaAgrikultura (AMA)
82. Mr. Walter Balane
President, Bukidnon Press Club
83. Ms. Sylvia Paraguya
Chief Executive, National Confederation of Cooperatives (NATCCO)