Freedom of Information Act

It is unthinkable that a country with a Congress like ours, known to represent Asia’s most freedom loving people, has taken more than 37 years to write (not yet even pass) the Freedom of Information Act (FOIA) even as its Constitutional guarantee was embodied way, way back in the 1973 Constitution and even expanded on the 1987 Charter.

But its harmonized version is still in the bicameral committee although approved by individual houses of Congress but not yet on the bicam, much more, by the president. Until it is signed into law, we still do not have any law of Freedom of Information. How ironic and how sad.

Moreover, even when it is signed into law, (hopefully before the May 10 elections) the Freedom of Information Act is still without teeth and effect until the new Congress passes its implementing rules and regulations which is more time consuming. The obvious reason we believe is exactly the opposite of what the law seeks to provide. The hesitation of government to disclose all information which are of public interest is obvious because such act could jeopardize the private agenda of some officials in government.

Then let’s stop calling and claiming ourselves as the most freedom loving people in Asia because we are not. We are all held hostage by a corrupt political system which we the people, even refuse to dismantle. Technically, the Freedom of Information Act is still a piece of paper dangled without any effect, for the last 37 years.

Of course, when the FOIA is passed, it could put to jail from three to six months those government officials who are convicted of not disclosing any citizen’s request for any public information or document;and to scrutinize, copy and reproduce these documents.

Under this act when signed, all government transactions, loans, contracts, government transactions, procurement and records of all kinds, the paper trail of all transactions, and the like should be disclosed to the public thru the web or internet and or upon the demand (not just request) of any citizen.

But which agency will implement the FOIA? The the Phil. Information Agency? So how can there be freedom of information if we are under this government agency?

Well at least the law provides that denial of access to public (interest) information is actionable after 7 days; then appealable within l5 days to the agency concerned; without prejudice in asking the Ombudsman to resolve the appeal in 60 days.

Well people, at least, the law is now so near and yet still so far as the PDI said. We hope the outgoing President will still get to sign the FOIA on time before her term expires on June 30. And that is just the beginning.