SEVENTEEENTH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES

First Regular Session

S E N A T Es.B. 159

BILLS jL^NDEX

Introduced by Senator Poe

AN ACTIMPLEMENTING THE PEOPLE’S RIGHT TO INFORMATION AND THE CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES

Explanatory Note

Accountability is the core of democratic governance. In their landmark article entitled "What Democracy is...and is Not" political scientists Philippe C. Schmitter and Terry Lynn Karl define democracy as "...a system of governance in which rulers are held accountable for their actions in the public realm."1 The framers of the 1987 Constitution clearly recognized this principle and enshrined it in Article XI of our Fundamental Law, of which Section 1 reads: “Public office is a public trust Public officers and employees must, at all times, be accountable to the people...''

Transparency is essential to accountability. Without transparency, citizens cannot access the information needed to collectively discern the fitness of public officials, elected otherwise, to hold public office. “Open dialogue can be effective only to the extent that the citizenry is informed and thus able to formulate its will intelligently. Only when the participants in the discussion are aware of the issues and have access to information relating thereto can such bear fruit."2

The right to information institutionalizes transparency and empowers citizens to access and demand information of public concern. The right to information is clearly recognized in the Bill of Rights. Article III, Section 3 of the Constitution which states that “The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to 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.”

The right of information complemented by Article II, Sec. 28 which states: “Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.”

However, while the Supreme Court has consistently held that the right to information under the Bill of Rights is self-executory, it lacks the substantive and procedural details necessary for its effective and predictable implementation.3 The lack of implementing legislation bars the effective utilization of the right to information, thus stifling democratic politics and public accountability. This is disconcerting considering that 100 countries have enacted Right to Information (RTI) or Freedom of Information (FOI) laws as of 2014.4 The first FOI law was filed by Sweden in 1766.5 In

1 S c h m itte r , P.C. a nd Karl, T .L "W h a t D e m o c ra cy ls ...A nd Is H o t " . J o u rn a l o f D e m o c ra c y M o l 2, N o .3 : S u m m e r 1991.

2 V a lm o n te i/s. B e lm o n te , G.R. N o . 7 4 9 3 0 ,1 3 F e b ru a ry 1989.

3 P eop le 's FOI B ill, 16 th C ongress

4 M c In to s h , T. "P a ra g u a y is 1 0 0 th n a t io n to pass FOI law , b u t s tru g g le fo r o p e n n e ss goe s o n " The G u a rd ia n (19

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