Government readies freedom of information order

MANILA, Philippines – If Congress refuses to pass a Freedom of Information Act, President Duterte will order an FOI measure within the executive branch.

Speaking over state-run dzRB radio yesterday, Communications Secretary Martin Andanar said they are finishing the draft executive order (EO) to implement freedom of information.

“We hope to finish it this week or next week,” he said. “That is the commitment of the President to us.” 

The EO will cover only government offices under the executive branch.

A law is needed to require all government entities, including those in the legislature and judiciary, to release documents detailing their transactions and projects.

Andanar said the EO is in line with Duterte’s vow to promote transparency in government.

“This is a proactive stance of the Duterte administration to establish very transparent executive portfolios and in keeping with the President’s promise to deliver FOI once sworn into office,” he said.

Article III, Section 7 of the  Constitution recognizes the right of the people to information on matters of public concern.

“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,” read the provision.

The public has not fully enjoyed the constitutional guarantee because of the absence of an enabling law.

A freedom of information bill to serve as the enabling law of the constitutional guarantee was first filed during the 12th Congress.

However, it was repeatedly bypassed by lawmakers.

Previous reports said the FOI was opposed by some lawmakers who fear that it might be used against them by their enemies.

The FOI was one of the campaign promises of former president Benigno Aquino III, who vowed to implement a strong anti-corruption drive.

The 16th Congress, however, failed to enact the measure even if a majority of its members were Aquino’s allies.

Last month, Duterte said he would implement FOI through an executive order if Congress refuses to pass an enabling law.

“If Congress does not like it, I will start with this progressively,” he said.

“To avoid too much talk, day one, freedom of information, I will impose it on my department, the executive department. I will issue an executive order. No need for a law. Media and everybody else is welcome to dig deep into the papers.”