PPT - Quezon

8/4/2019 PPT - Quezon

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3/F New Executive Bldg., Malacaan Palace, J.P. Laurel Street, San Miguel, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167


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Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

FREEDOM OF INFORMATION ACT OF 2011


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WHY A FREEDOM OF INFORMATION LAW?

The State 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 by this Act. This

right is indispensable to the exercise of the right of the people and

their organizations to effective and reasonable participation at alllevels of social, political and economic decision-making.


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Basis of the Ongoing Discussions

1. Bicameral Conference Committee version (Feb. 1, 2010)

- consolidated Senate Bill No. 3308 and House Bill No. 3732

2. House Bill No. 53 of the 15thCongress (Taada bill)

- bill adopts in full the bicameral conference version of the 14th

Congress as template.


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3. Committee on Public Information TWG (Taada TWG version)

- by virtue of constitution of TWG by the Committee on PublicInformation

- consolidates the bills of Reps. Teodoro (HB 22), Angara (HB 86),

Del Mar (1968), Apostol (HB 1713), Castelo (HB 2128), and Nograles

(HB 59) with the bill of Rep. Taada (HB 53).

Basis of Ongoing Discussions


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These are proposals to be discussed with FOI advocates and

Congressional sponsors.


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Underlying Principles

1. Basic and Constitutional Right

Every Filipino citizen has a right to be given access to any record

under the control of a government agency. Government agenciesshall make available to the public for scrutiny, copying and

reproduction, all information pertaining to official acts, transactions

or decisions, as well as government research data used as a basis for

policy development.2. Legal Presumption in Favor of Right to Information

There shall be a legal presumption in favor of access to information.

The request for information may be denied only if it clearly falls

under the exceptions provided under this Act.


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Underlying Principles

3. Exemption: National Security

Included in the exception any information relating to National

Security, which according to NICA has different meaning from

National Defense.

4. Exemption: Right to Privacy

If the information requested pertains to personal information of a

natural person and its disclosure would constitute a clearly

unwarranted invasion of his or her personal privacy, unless it is

part of a public record, the person is or was a government official

or the person consented to the disclosure.


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THE ADMINISTRATION FOI PROPOSAL


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Issues to be Addressed Response in Admin Bill

The frank and candid deliberations during meetings

should be maintained.

Section 6 a.2: Exceptions

The information requested pertains to the foreign

affairs of the Republic of the Philippines, when its

revelation shall/may unduly weaken the negotiatingposition of the government in an ongoing bilateral or

multilateral negotiation

Section 6d: Exceptions

The information requested consists of drafts of orders,

resolutions, decisions, memoranda or audit reports by

any executive, administrative, regulatory, constitutional,judicial or quasi-judicial body in the exercise of their

regulatory, audit and adjudicatory function.


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The executive communications privilege should

remain inviolable.

Section 6b: Exceptions

The records of minutes and advice given and opinions

expressed during decision-making or policy formulation

as part of the Chief Executives deliberative process.

Once policy has been formulated and decisions made,

minutes and research data may be made available for

disclosure unless it is made in executive session.

Section 6e: Exceptions

The information requested is obtained by any

committee of either House of Congress in executivesession.


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Commercial or financial information should be

protected if it would prejudice governments ability

to transact business.

Section 6g: Exceptions

The information requested pertains to trade secrets

and commercial or financial information obtainedfrom a natural or juridical person other than the

requesting party, obtained in confidence or covered in

privileged communication, and/or filed with a

government agency, whenever the revelation thereof

would seriously prejudice the interests of such natural

or juridical person in trade, industrial, financial or

commercial competition.


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Personal privacy should be protected. Section 6f: Exceptions

The information requested pertains to the personal

information of a natural person other than the

requesting party, and its disclosure would constitute a

clearly unwarranted invasion of his or her personalprivacy, unless it forms part of a public record, or the

person is or was an official of a government agency

and the information relates to his or her public function

or the person has consented to the disclosure of the

information.

Section 11:Additional Protection of Privacy

While providing for access to information in public

records, this Act also affords full protection of the right

to privacy of individuals


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Inclusion of Implementing Rules and Regulations

(IRRs).

Section 29: Implementing Rules and Regulations

Within ninety (90) days from the appointment of the

members of the Commission, the Commission shall

promulgate implementing rules and regulations to

effectively implement the provisions of this Act.

Inclusion of national security as grounds for invoking

exceptions and not just national defense.

Section 6a.1: Exceptions

The information directly relates to national security or

defense and its revelation may cause grave damage to

the national security or internal and external defense

of the State


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Proposal for an Information Commission. Section 15: Creation of an Information Commission

There is hereby created an independent Information

Commission, which shall enjoy fiscal autonomy. Its

approved annual appropriations shall be automatically

and regularly released.

Section 16: Composition of the Commission

The Commission shall be composed of a Chairman

and two commissioners who shall be natural-born

citizens of the Philippines and, at the time of their

appointment, at least thirty-five years of age, with

proven competence, probity and integrity, and has not

been a candidate for any elective position within two

(2) years prior to appointment; provided, that the

Chairman shall be a member of the Philippine Bar with

at least ten years experience in the practice of law and

with known expertise on the right to information.


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Proposal for an Information Commission. (continued)

The Chairman and commissioners shall be appointed

by the President of the Philippines for a term of six (6)

years without reappointment. Of those first appointed,

the Chairman shall hold office for three years, and the

last commissioner for two years, without

reappointment.

Concern to keep penalties to administrative and not

criminal, except in cases of destroying documents or

perjury.

Section 12:Administrative Liability

The acts enumerated in this Section shall be

tantamount to gross neglect of duty and shall

constitute grounds for administrative and disciplinary

sanction against any public official or employee who

willfully and knowingly commits the following:


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perjury.

(continued)

a) Refusal to promptly forward the request under

Section 22 of this Act to the public officer within the

same office or agency responsible for officially acting

on the request when such is the direct cause of the

failure to disclose the information within the periodsrequired by this Act;

b) Failure to act on the request within the periods

required by this Act;

c) Refusal to comply with the decision of his immediate

supervisor, the Commission or of any court ordering therelease of information;

d) Approval of policies, rules and regulations manifestly

contrary to the provisions of this Act, and which

policies, rules and regulations are the direct cause of

the denial of a request for information.


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perjury.

(continued)

Section 13: Criminal Liability

a) Any public official or employee who falsely denies

or conceals the existence of information mandated for

disclosure under this Act shall be liable for the crime of

removal, concealment or destruction of documents as

defined under Article 226 of the Revised Penal Code.


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Basic Features of Administration FOI Bill

1. Coverage

a) Mandatory Disclosure

The list of information and records for mandatory

disclosure was increased and made consistent with

existing laws and regulations such as the DILG

Memorandum Circular No. 2010-149.

b) Measures to Promote Openness in Governance

Government agencies should publish, print anddisseminate at no cost and in an accessible form, in

conjunction with the Anti-Red Tape Act of 2007, through

their website, timely, true, accurate, and updated key

information.


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2. Exemptions

Alignment of list of exemptions not only with recent

jurisprudence but also with model laws.

a)Executive Privilege the expectation of a President to the

confidentiality of his conversations and correspondences.

there are two kinds 1) Presidential Communications

Privilege and 2) Deliberative Process Privilege.


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3. Culpabilities

a) For Denial of Right Only administrative sanctions are to be imposed to public

officers who would violate the provisions of the FOI law afteran initial determination of malice.

The other details for the implementation of the law shall be

set out in the Implementing Rules and Regulations that the

Information Commission will promulgate.


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b) For Abuse of Right

Information that is already made available or is accessible

from another agency is exempt from disclosure. Repeated similar requests from the same persons excuse the

government agency from complying.


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4. An Independent Freedom of Information (FOI) Commission

a) Nature

Consistent with the growing trend around the world, an

independent quasi-judicial body in the form of an InformationCommission is created to ensure the implementation of the FOI law.

b) Roles/Functions Citizens would be able to resort to a body with expertise in deciding

and addressing access to information issues. Requesters would enjoy both internal appeals process and external

appeals.

Appellants would not suffer too much delays due to clogged dockets.


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b) Rules/Functions (continued)The Commission shall Draft Implementing Rules and

Regulations within ninety (90) days from the appointment of the

Information Commissioners of the Commission. Issue Executive Order on Guidelines on Public Access and

Classification of Information


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Information

Commissioner

Deputy Information

Commissioners

Office of the

President

Information

Commission

Deputy Information

Commissioners


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3/F New Executive Bldg., Malacaan Palace, J.P. Laurel Street, San Miguel, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

Headed by an Information Commissioner = Chairman of theCommission.

The Information Commissioner shall be assisted by two (2) Deputy

Information Commissioners.

Appointed by the President of the Philippines for a term of six (6)

years without reappointment.

At least one of the Commissioners must be a member of thePhilippine Bar with experience in Information Technology and the

others must be recognized experts in the field of ICT or Library and

Information Science.


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Mechanics

1.Manual of Operations

All government agencies shall prepare a Freedom of

Information Manual.

2.Process

The person who wishes to obtain information shall submit

a request to the government agency concerned personally,

by mail, or through electronic means.

The request shall state the name, contact info, description

of info required, reason for request, and preferred means.


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Mechanics

If request is made personally, requester should show current

ID or community tax certificate. If request is made through

mail or electronic means, a photostatic or electronically

scanned copy would suffice.

The agency should reply within fifteen (15) working days from

the receipt. The period may be extended, however the

requester must be notified by the government agency.

The requester shall be notified once the decision to grant therequest has been made. He/she shall have to pay the required

access and processing fees.


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3. Remedies in Cases of Denial

Denied requests may be appealed to the Head of Agency

within fifteen (15) days from the receipt of notice of denial.

If appeal is denied, the requesting party may appeal to the

Information Commission within fifteen (15) days from

receipt of the denial.


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Records Keeping

Government agencies shall create and/or maintain accurate

and reasonably complete documentation or records. Government agencies shall prepare a records management

program, following the standards and period promulgated in

the National Archives of the Philippines Act of 2007.

The UP Law Center, in coordination with the Office of the

President, which has jurisdiction over the Official Gazette, as

well as other relevant agencies, shall maintain a database and

publish the same in print or digital form.


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Publication in the Official Gazette (online version)

Publication of the following in the online version of the Official

Gazette, with the corresponding timestamps on the document, shall be

considered as official publication:

a) All important legislative acts and resolutions from Congress;

b) All executive and administrative orders and proclamations;

c) Decisions or abstracts of decisions of the Supreme Court and the

Court of Appeals or other courts of similar rank, as they deemnecessary;

d) Documents that the President has authorized to be published.


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Next Steps

Discussions with Civil Society and Congressional proponents on

proposals on the administration FOI bill

Form a consensus on the FOI bill.

House views passage within Second Session.


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R 301 N E ti Bld J P L l St t M l P l M il T l (632)733 3605 / (632)736 0719 F N (632)735 6167

Thank you.http://www.gov.ph

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