On July 23, 2016, the President signed Executive Order (EO) 2 (Series 2016), operationalizing in the Executive branch the people’s constitutional right to information and the state policies of full public disclosure and transparency in the public service. The EO recognizes the fundamental role of a free and open exchange of information in a democracy, meant to enhance transparency and accountability in government official acts, transactions or decisions.
Under this law, the Executive branch covers the national government and all its offices, departments, bureaus, including government-owned or -controlled corporations, and state colleges and universities. It does not cover Congress and the Judiciary.
Each government office is mandated to prepare its own Freedom of Information (FOI) manual within 120 days from the date of its effectivity. Interestingly, the people’s right to information is balanced by the law’s express mention of the Data Privacy Act of 2013, which, on the other hand, guarantees the human right of privacy and confidentiality. The legal presumption is in favor of access. Any request for information shall not be denied, unless it is under the exceptions listed in the inventory of the Office of the President.
Commitment to transparency
While it only covers the Executive branch, it demonstrates the Duterte administration’s commitment to its campaign promise to ensure the general public’s access to government information that are typically used for government policy-making. It is an invitation for the public to dialogue with the government and to participate actively in the way all of us are governed. Clearly, a whiff of fresh air that not only assures but empowers the ordinary Filipino.
This bold and brave display of transparency by the Chief Executive should obviously be matched by Congress in order to institutionalize and embed a culture of openness in other branches of government. Access to government records enshrines freedom of expression; enables the peoples’ exercise of democratic rights; facilitates citizens’ involvement in decision-making; fortifies institutions; curbs corruption; promotes good governance; and, at the end of the day, results to a more accountable and trustworthy leadership. The net effect would be sociopolitical and economic advancement.
Fear and paranoia
Some of the rabid critics of this law fear that government data may be utilized by criminal syndicates, terrorists and other dangerous groups to further their nefarious activities. But this particular concern can be addressed by Congress if it passes a comprehensive law that would provide grounds for denial of a request for information. In other jurisdictions, valid exceptions cover records pertaining to personal privacy, national security, diplomatic relations, law enforcement, trade secrets and privileged communication, in general.
Patriotic call
Our legislators will do us a tremendous favor if they craft a law that further provides for the specifics regarding who is covered by the Act; what and when information is covered; who can make a request; processes for refusing and receiving; obligations of parties getting information; and the agencies involved in implementing FOI.
The right to information is enshrined in Article 19 of the Universal Declaration of Human Rights. As such, it is, in fact, regarded as a touchstone of all other freedoms. Information is ours, and the government is merely entrusted to hold it for us.
We precisely gave our mandate to our current leaders to protect and preserve our freedoms. We deserve no less. Let FOI flourish.