The Best Way to Exercise is to Exercise Your Rights

July 27, 2019

Mhafe Del Mundo

On my first day of internship at CODE-NGO, our supervisor lectured us about Executive Order No. 2 or the Implementing Guidelines on the Freedom of Information (FOI). We were then tasked to read more about relevant information such as the draft FOI Bill 2019 and the draft on No Wrong Door Policy 2019. It was only this day that the existence of such concrete way to exercise my right as a citizen to transparency has come in to my knowledge. Knowing that this implementing act of the Executive Order No. 2 is being utilized for three years now since 2016, the thoughts that popped in my mind were “How come I only knew of this now?” “I could have used this as additional information in my previous academic requirements.”

My co-intern and I were told that together with our supervisor, are going to attend a two-day Training of Trainers workshop for FOI the following week. Aside from reading materials relevant to FOI, we were asked to visit https://www.foi.gov.ph/ to sign up, experience, and explore the e-FOI portal. Upon signing up, one of the requirements which I found crucial was providing the e-mail address an individual is actively using. Not only do the people from FOI reply through the portal, but they also communicate with you through e-mail. Before proceeding to the e-FOI experience, a verification must be done first through e-mail. Another important requirement is a valid ID. A scanned or a photo of school ID or any government-issued ID must be prepared. It may sound complicated but in reality, the signing up process really went smooth and fast. What only got my attention was that the verification e-mail arrived faster at my co-intern’s compared to mine.

The requesting of ID for identity confirmation must not be worrisome to those who are signing up because the FOI is backed up by the Data Privacy Act of 2012. In addition, the Data Privacy Act also serves the FOI in such a way that it backs up those that fall under the exceptions listed in the updated inventory of exceptions circularized by the Office of the President. I find this highly significant in FOI’s part because it lessens the abuse upon requesting on the government’s part, and also an assurance of safety to the requesting party.

Our first task was to request information related to Marawi. When making a request, you must first know which agency can provide information on your subject matter. I honestly found this helpful in my knowledge about government offices, their functions, and their scope as to not bark at the wrong tree. They will also ask the purpose of your request. With the recent news about the underspent Marawi funds, I decided to make a request on the Department of Budget and Management (DBM); consequently, the news about the funds not being spent properly made me wonder about the welfare of the children in the city, so I sent another request to the Department of Social Welfare and Development (DSWD). My information request about the funds took them about four (4) hours to respond that my request was accepted and that I have to wait for 15 working days for the documents to be released. In comparison to my request about the welfare of the children in Marawi, the DSWD took 4 days to inform me that my request was accepted and that I will also have to wait for 15 working days for the document to be released.

The documents on the welfare of the children in Marawi were released after six (6) working days from the date that my request was accepted. I am satisfied with the documents sent to me, as it contained all the information I needed and wanted to know. However, I noticed several flaws in the process: the FOI Officer did not respond to me in the e-FOI web portal per se, thus, the reply did not contain the link of the document, making it unable to be shared publicly. Further, the status in the e-FOI web portal was not updated; it is still “accepted” instead of “successful”.

Meanwhile, the other request I sent to the DBM is still ongoing. It’s disappointing that despite the lenient deadline, they were not able to provide anything related to the requested information. Moreover, they did not send a forewarning or any e-mail stating that they will be needing extension to provide the data requested.

I further made another request regarding the current presence of militia in Marawi City. This one is different, though. The agency responded and was able to provide requested information within the day. The only thing I noticed was that they did not send a PDF file, and only responded through the e-FOI web portal, which can be shared publicly. Such specific information serves as an additional update on the current status of the city.

With all the documents I received, not only is this valuable to me as a citizen who has the right to know, but also very advantageous to me as a student. It supplements research through the provision of data.  It also teaches the importance of transparency and promote accountability in the government. This is a great training and knowledge to those who are running for certain positions in their class, course, or even university-wide student council. On the other hand, the rest of the students can demand transparency too and hold those in position accountable.

Much has been done with FOI since its implementation in 2016, but there are still a lot to work on. Nonetheless, it is a great way to concretize and institutionalize the citizens’ right to transparency. It also serves as an avenue for the citizens to criticize both government programs and projects and the officials’ accountability. This indeed further enhances democracy in the country by promoting transparency and strengthening public engagement. The question right now is, how sure are we that the documents being released are genuine?

 


Francette Veronica Flores is an intern at CODE-NGO. She’s taking up AB Political Science at the University of Sto. Tomas.

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