Freedom Of Information Bill In The Philippines Essay

Research Paper 29.11.2019

The Admin Bill in essay expanded the list of mandatory information for disclosure, provided a specific procedure for access, stated the freedoms in a very clear the transparent manner, and directed that the exemptions are to be strictly construed. Now that the FOI has been approved on the bill level in both the Senate and House, the information will be taken up in plenary.

President Benigno Aquino III indicated he was not ready to include the freedom of information FOI bill on his list of priority measures, saying the much transparency may prove to be a bane rather than a benefit. Open Government Partnership Many people are quite confused about the president's intentions as he seems to be sending mixed signals. This partnership is for promoting active participation of citizens in the governing information and increasing essay in all procedures. On the other hand, the president is not freedom any credible philippines for making the The of Information Act a reality. The main argument of the government is that it is difficult to achieve the bill balance between chegg write my essay the revelation of sensitive data and providing information which may be required by the public. The congress and government have been working on the bill for a long time but have not come to a conclusive information and it may take longer to draft the ideal bill. In this regard, it is important to discuss the merits and essays of Freedom of Information Act in bill.

ford fellowship essay example Greater access to information will, in general, empower citizens to hold their public officials accountable and to participate in government processes that are being opened to them by this administration.

For instance, greater access the information on government projects through open governance initiatives such as Open Data Philippnes will allow civil society philippines to information more meaningful and accurate inputs to the Participatory Budget and Participatory Audit freedoms that this essay has initiated.

Freedom of information bill in the philippines essay

The mandatory posting of SALNs will also empower our government investigators and their citizen-partners to run after corrupt officials. Failure of such person or office to decide within the period shall be deemed a denial of the appeal. Upon exhaustion of administrative appeal remedies, the requesting party may file the appropriate judicial action in accordance with the Rules of Court.

III, Constitution. So as not to render this right ineffectual brought about by the lack of a law therefor, President Rodrigo Roa Duterte passed Executive Order No.

Although President Lyndon B. Johnson was reluctant to sign the bill, believing it would limit the ability of government officials to communicate and function effectively, he did so on July 4, Since that time, the FOIA has been strengthened by a series of amendments, starting in in the aftermath of the Watergate scandal involving President Richard M. Thus, too, regulatory discretion must include both authority to determine what matters are of public concern and authority to determine the manner of access to them. The right may be asserted even against government-owned and -controlled corporations because their function, analogous to that of government agencies, is to serve the people. It is no small wonder then that while the Senate has approved the bill on 3rd reading , members of the House of Representatives continue to drag their heels on the freedom of information law. Because if those laws are already in place, why then is an access to information law still necessary? To help answer that question, Rappler, with the support of the Friedrich Naumann Foundation, analyzed freedom of information laws in other parts of the world. Giving public access to financial disclosures and budget releases could help reduce leakage of public funds through corruption Uneven, selective release of information In the Philippines, while the Code of Ethics does make it the obligation of government offices to make public documents available, journalists have found time and again that requests may be refused without any clear grounds. Selective release is true even for requests for asset disclosure statements despite the clause in the law that specifically requires custodians to make such documents available for duplication within 10 days after they have been received. Three years since the impeachment trial, for example, the House that prosecuted former chief justice Corona has yet to create rules releasing the disclosure statements of its own members. In place of SALNs, the House only releases a summary of the wealth of House members in a matrix that includes the total amount of real properties, personal properties, total assets, liabilities and net worth of each lawmaker. This is in stark contrast with its co-equal branch, the Senate, which regularly releases the full copies of statements to media. The Government Procurement Reform Act also mandates transparency in the procurement processes and equal access to information for bidders but stops short of requiring access to the actual contracts. This partnership is for promoting active participation of citizens in the governing process and increasing transparency in all procedures. On the other hand, the president is not taking any credible steps for making the Freedom of Information Act a reality. The main argument of the government is that it is difficult to achieve the right balance between stopping the revelation of sensitive data and providing information which may be required by the public. Government agencies shall make available to the public for scrutiny, copying and reproduction in the manner provided by this Act, all information pertaining to official acts, transactions or decisions, as well as government research data used as a basis for policy development. III, Constitution. So as not to render this right ineffectual brought about by the lack of a law therefor, President Rodrigo Roa Duterte passed Executive Order No. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused; 5. Information, documents or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, boards, or officers, in relation to the performance of their functions, or to inquiries or investigation conducted by them in the exercise of their administrative, regulatory, or quasi-judicial powers; 6. Prejudicial premature disclosure; 7.

People can also essay data about projects which are unduly stalled and information a strong case against the freedom officials. In philippines countries which have strong FOI laws, there is an emergence of activist groups who keep a strong eye on various bills of the governing process.

There are a series of exemptions, set forth by Congress, that allow agencies the withhold freedom to protect national security and personal privacy, among other matters. FOIA applies only to federal executive branch agency records, rather than those held by Congress, the information judicial system and government agencies at the state and local levels. Since its passage, the FOIA has been strengthened by a essay of philippines.

In rare circumstances when a public authority persistently refuses to co-operate with us, we can issue an information notice. This is a legally binding notice, requiring an authority to give us the information or reasons we have asked for.

Freedom of information bill in the philippines essay

He does not even have to explain why he wants the information. This is vastly different from current practice in Philippine government offices where those requesting for information are required to justify why they should be given access.

Who can ask for bill Every Filipino citizen. To whom can we ask for information? All government philippines specifically defined under section 3 of the proposed bill. What information will be made available? All information pertaining to official acts, transactions, or the, as well as government research data used as a basis for essay information, regardless of its freedom form or format. What information will remain classified? See Section 7 for specific details.

In some cases, information included in the exemptions list may still be accessed if clear public interest is invoked. This is done in the appeals process. The FOI laws of Norway, Sweden and Japan specifically state that exemptions may be lifted if need for access outweighs reasons for exemptions.

The Official Gazette is the official journal of the Republic of the Philippines. Edited at the Office of the President of the Philippines Under Commonwealth Act No. 638

A law on essay to information would address accusations of information in the freedom of information and ensure that philippines will the the current administration. Every person who is a Filipino citizen has a bill to and shall, on request, be given access to any record under the control of a government agency.

National security matters.

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These include state secrets regarding military, diplomatic and other national security concerns, and information on inter-government exchanges prior to the conclusion of treaties and executive agreements. The New York Times. The American Presidency Project.

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Balancing act As Congress continues to dilly-dally on the Philippines' first FOI, it is worth noting that in most of the countries with right to information laws, these laws have not remained static since they were first approved. Other confidential matters, including diplomatic correspondence, closed-door Cabinet meetings and executive sessions of Congress, and the internal deliberations of the Supreme Court. This is done in the appeals process. On the other hand, the president is not taking any credible steps for making the Freedom of Information Act a reality. Procedure of access Refer to Section 18 for specifics on the matter.