Grace Poe bats for FOI, seeks support from fellow senators
Published Jul 2, 2019 09:14 pm
By Vanne Elaine Terrazola
Senator Grace Poe on Tuesday urged her fellow lawmakers to give the proposed Freedom of Information (FOI) law a chance in the 18th Congress.
Senator Grace Poe
(FACEBOOK / MANILA BULLETIN) Poe made the appeal as she refiled on Tuesday Senate Bill No. 121, or the proposed People’s Freedom of Information Act of 2019. It was No. 1 in the first 10 bills she filed ahead of the opening of the 18th Congress. The senator, who won another six-year term during the May 13 elections, led the approval of the bill on third and final reading in 2014. She was the chairperson of the Senate public information and mass media committee. In 2016, she filed her version of the bill and sponsored it on the floor. But plenary debates did not push through until the 17th Congress adjourned last month. Poe said an FOI law will strengthen the Executive Order No. 2 that implements FOI but only in the Executive branch. "Karapatan ng ating mga kababayan na malaman ang ginagawa ng pamahalaan. Wala dapat under-the-table na negosasyon, walang sekreto (Our countrymen have the right to know what the government is doing, There should not be under-the-table negotiations, no secrets)," Poe said in her statement. "I appeal to our colleagues to give this bill one big push this 18th Congress so we will finally have an FOI law," she appealed. Poe said her SB 121 was an "enhanced version" of her previous FOI bill, incorporating inputs from various stakeholders from the previous two Congresses. "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," Poe said in her explanatory note. Under the bill, the Statement of Assets, Liabilities and Net Worth of the President, Vice-President, members of the Cabinet, members of Congress, Justices of the Supreme Court, members of the constitutional Commissions and other constitutional offices, as well as ranking officers of the Armed Forces, shall be disclosed in their official websites. It also mandates agencies of all branches to upload in their website updated copies of transactions, records or documents of public interest, such as the annual budget of government agencies; itemized monthly collections and disbursements; summary of incomes and expenditures; annual procurement plan and procurement list; bid results and abstracts; and procurement, construction or concession contracts entered into by the government agency with local and foreign entities, among several others. No request for information shall be denied, except if the information could not be divulged due to national security or defense risks. Also included in the exceptions are information pertaining to foreign affairs of the State, when their revelation shall unduly weaken the negotiating position of the government or seriously jeopardize diplomatic relations; trade secrets and commercial or financial information; personal and sensitive information of a person; those that transpired in executive session in Congress, among others. SB 121 proposes that all information exempted from disclosure shall be mandatorily reviewed after every three years by the head of office or agency in custody or control of the information for reclassification and possible disclosure, provided that such information to be disclosed by an agency under the Executive branch shall be subject to the approval of the President. A provision in the bill also states that every government agency shall use plain language in their communication orders, compliance, requirements or instructions issued to the requesting party. Agencies shall also translate key information into major Filipino languages and present them in popular form and means. Any public official or employee who denies or conceals the existence of information, destroys information being requested, as well as those who release information included in the list of exceptions will be penalized with imprisonment of not less than one month but not more than six months and a fine ranging from P10,000 to P100,000. The measure also seeks to educate high school students on the right to information, the principles of accountability and transparency, democracy and leadership, and good governance by integrating these to their subjects.
Senator Grace Poe(FACEBOOK / MANILA BULLETIN) Poe made the appeal as she refiled on Tuesday Senate Bill No. 121, or the proposed People’s Freedom of Information Act of 2019. It was No. 1 in the first 10 bills she filed ahead of the opening of the 18th Congress. The senator, who won another six-year term during the May 13 elections, led the approval of the bill on third and final reading in 2014. She was the chairperson of the Senate public information and mass media committee. In 2016, she filed her version of the bill and sponsored it on the floor. But plenary debates did not push through until the 17th Congress adjourned last month. Poe said an FOI law will strengthen the Executive Order No. 2 that implements FOI but only in the Executive branch. "Karapatan ng ating mga kababayan na malaman ang ginagawa ng pamahalaan. Wala dapat under-the-table na negosasyon, walang sekreto (Our countrymen have the right to know what the government is doing, There should not be under-the-table negotiations, no secrets)," Poe said in her statement. "I appeal to our colleagues to give this bill one big push this 18th Congress so we will finally have an FOI law," she appealed. Poe said her SB 121 was an "enhanced version" of her previous FOI bill, incorporating inputs from various stakeholders from the previous two Congresses. "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," Poe said in her explanatory note. Under the bill, the Statement of Assets, Liabilities and Net Worth of the President, Vice-President, members of the Cabinet, members of Congress, Justices of the Supreme Court, members of the constitutional Commissions and other constitutional offices, as well as ranking officers of the Armed Forces, shall be disclosed in their official websites. It also mandates agencies of all branches to upload in their website updated copies of transactions, records or documents of public interest, such as the annual budget of government agencies; itemized monthly collections and disbursements; summary of incomes and expenditures; annual procurement plan and procurement list; bid results and abstracts; and procurement, construction or concession contracts entered into by the government agency with local and foreign entities, among several others. No request for information shall be denied, except if the information could not be divulged due to national security or defense risks. Also included in the exceptions are information pertaining to foreign affairs of the State, when their revelation shall unduly weaken the negotiating position of the government or seriously jeopardize diplomatic relations; trade secrets and commercial or financial information; personal and sensitive information of a person; those that transpired in executive session in Congress, among others. SB 121 proposes that all information exempted from disclosure shall be mandatorily reviewed after every three years by the head of office or agency in custody or control of the information for reclassification and possible disclosure, provided that such information to be disclosed by an agency under the Executive branch shall be subject to the approval of the President. A provision in the bill also states that every government agency shall use plain language in their communication orders, compliance, requirements or instructions issued to the requesting party. Agencies shall also translate key information into major Filipino languages and present them in popular form and means. Any public official or employee who denies or conceals the existence of information, destroys information being requested, as well as those who release information included in the list of exceptions will be penalized with imprisonment of not less than one month but not more than six months and a fine ranging from P10,000 to P100,000. The measure also seeks to educate high school students on the right to information, the principles of accountability and transparency, democracy and leadership, and good governance by integrating these to their subjects.