WHAT IS FOI

8/10/2019 WHAT IS FOI

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[PASC1] GOOD GOVERNANCE & SOCIAL RESPONSIBILITY FREEDOM OF INFORMATION BILL

WHAT IS FREEDOM OF INFORMATION?

FREEDOM OF INFORMATION is a fundamental human right recognized ininternational law.

Universal Declaration of Human Rights, Article 19Everyone has the right to freedom of opinion and expression; this right includes

freedom to hold opinions without interference and to seek, r eceive and impartin formation and ideasthrough any media and regardless of frontiers.

Over 90 countries have enacted various forms of Freedom of Information laws.

It seeks to provide PUBLIC ACCESS to DATA held by the GOVERNMENT.

Access to information is considered as a prerequisite for TRANSPARENCY andACCOUNTABILITY in the government.

WHAT IS THE PEOPLE'S FREEDOM OF INFORMATION BILL

It is an act implementing the right of the people to access information on matters ofpublic concern.

The passage of an FOI bill is included in the Philippine Development Plan 2011-2016.

Last 15th Congress, House Bill 53, a Freedom of Information authored by Rep. LorenzoTanada III was filed but not passed into law.

There is no legislation that sets procedures for access and disclosure of information andprovides penalties for officials who fail to release the requested information, without

justifiable reasons.

LEGAL BASIS

1987 Philippine Constitution, Article III, Section 7.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.

1987 Philippine Constitution, Article II, Section 28.

Subject to reasonable conditions prescribed by law, the State adopts and implements apolicy of full public disclosure of all its transactions involving public interest.


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RATIONALE OF THE PEOPLES FOI

Recognition of the right of people to information on matters of public concern.

Full public disclosure of all state transactions involving public interest.

Exercise of the right of the people and their organizations to effective and reasonable

participation at all levels of social, political, and economic decision-making.

WHAT KINDS OF INFORMATION ARE COVERED BY THE BILL?

Any information under the custody of a government agency.

This includes the Statement of Assets, Liabilities, & Net worth (SALNs)of publicofficials.

But due to the sensitive nature of some, there are exemptions.

EXEMPTIONSAccess to Information may be denied when the information requested (is / has)

1) Specific authorizations for secrecy by the President: About national defense, law

enforcement and foreign affairs of the Philippines.

2) Minutes or drafts of decision-making or policy formulation by an executive,

administrative, regulatory, constitutional, judicial or quasi-judicial body.

3) Obtained by either House of Congress in executive session.

4)

About the personal information of a person other than the requesting party; unless it'spart of a public record or the person is/was a government official and the information

relates to a person has consented to its disclosure.

5) About trade, industrial, financial/commercial secrets of a person or corporation other

than the requesting party.

6) Classified as privileged communication in legal proceedings by law or by the Rules

of Court.

7) Exempted by law or the Constitution.

8) Of a nature that its early disclosure would result in serious public damage to public

interest.

9) Has been requested by the same person in the past and recently been complied with,

and no meritorious reason is given to justify a repeat of the request.


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WHEN WAS THE PEOPLE'S FOI FILED?

JULY 1, 2013 HOUSE OF REPRESENTATIVES

Rep. Jorge Almonte

1

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District of Misamis OccidentalChairperson, House Committee on Public Information

JULY 17, 2013 SENATE

Senator Grace PoeSenator of the Republic of the Philippines

Chairperson, Senate Committee on Public Information & Media

It was through an INDIRECT INITIATIVE by the different civil society groups

composing the RIGHT TO KNOW, RIGHT NOW COALITION.

Indirect Initiative Through Republic Act 6735, any duly accredited people's organization can

directly propose laws under a system of initiative or referendum.

WHO ARE THE STAKEHOLODERS?

Every Filipino Citizen, on request, can now have access to information under the care

of a government agency.

All the branches of the government, the executive, legislative, and judiciary,including its public officials and all government agecies are tasked to comply with

providing information.

HOW DO WE ACCESS INFORMATION?

STEP 1:

Submit a request to the government agency concerned personally, by mail, or

through electronic means (free of charge)

o If unable due to illiteracy or disability, may make an oral request.

o The public official who receives the oral request shall reduce it to writing and

give a copy to the requester.

STEP 2:

State the following info:

Name and contact information of the requesting party

Description of the information requested Reason for the request


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o If request is submitted personally, identification card or other reasonable means of

identification must be shown.

STEP 3:

The concerned government agency will stamp request and produce a copy.

STEP 4:

The government agency must comply with the request within fifteen (15) working

days from its receipt.

o can be extended only up to 20 working days if request requires a search of the

government agency's offices or voluminous records.

o the agency must provide the reasons for such extension and the date when the

information will be available.

STEP 5:

If the information is not held by the government agency. It shall notify the requesterthat it does not hold the information, and indicate which agency holds the record, if

known.

WHY SHOULD WE SUPPORT THE PEOPLE'S FOI?

1. ANTI-CORRUPTION TOOLWill strengthen transparency and accountability among public officials, employees,

and instituttions.

2. REDUCED TRANSACTIONS COST

Will help legislatures monitor bureaucracies at a lower cost than direct monitoring.

3. EASIER RESEARCHGrants academics access to files for research puposes

(i.e. historians of RP's history).

4. LESSEN INFORMATION SYMMETRY

Empowers citizen in being participative and involved in matters of the state.

Information Symmetry Situation that favor the more knowledgeable party in a transaction.


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WHAT ARE THE MAIN OPPOSITIONS AGAINST THE FOI?

The release of information remains discretionary under certain provisions of the Bill.

There is still untested, if not insufficient, basis for sanctions in cases of violation of the

right to information.

Disclosure of certain documents can and may be used for media spins by politicians.

RIGHT OF REPLY

One of the main contentions of the bill was adding a RIGHT OF REPLY (RoR) provision.

This provision requires the media to have people involved in an issue, due to information

obtained through FOI, explain their side.

WHY THE CONTENTION?

The conflict was that the RIGHT OF REPLY violates the constitutional provisionon press freedom but it also acts as a safeguard against possible abuse of

information,

5 REASONS WHY "FOI" IS A YOUTH ISSUE?

1) We will eventually inherit the government and we want to lead an institution that is

OPEN, HONEST, and TRUSTWORTHY.

2) TRANSPARENCY and ACCOUNTABILITY are essential democratic values that

should cut across all generations and sectors of society.

3) We young people are citizens, too, and we deserve to be given opportunities toresponsibly and proactively participate in governance.

4) Corruption aided by the shroud of secrecy in government prevents us from attaining basicsocial services, such as quality education and health care.

5) We are stakeholders in the future of our country.

HOW CAN YOU HELP?

Sign the ONLINE PETITION

http://www.change.org/TayoNaParaSaFOI

Documents

WHAT IS FOI