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Freedom of Information - PHILIPPINES

Right to Know. Right Now!
by

CMFR Philippines

on 25 August 2015

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Transcript of Freedom of Information - PHILIPPINES

FOI
Despite Constitutional recognition and a number of laws implementing the right to information, is there still a need for
LEGISLATION
?
Twenty seven years since the first bill in Congress was filed, the Philippines has yet to pass an FOI Act (FOIA).

The country is shamed by this failure in the context of the global surge for FOI laws.

At least 80 countries—19 in Asia—have nationwide laws which recognize the right to information and access to public records.
http://www.bigwobber.nl/wp-content/uploads/2010/09/Fringe-Special-Overview-FOIA-sep-20-2010.pdf
To facilitate the right to know;
To provide uniform, simple, and speedy procedure for access to information;
To punish those who violate the right.
PROPOSED
LEGISLATION
http://www.gov.ph/foi/
Want to
know more
?
What can
YOU
do?
Click here for updates on the Freedom of Information

http://www.cmfr-phil.org/freedom-of-information/
http://www.scribd.com/collections/3591039/Freedom-of-Information-Resource-Materials
Does the proposed legislation meet these criteria?
FEATURES OF A
RIGHT TO INFORMATION REGIME

PRINCIPLE 1.
MAXIMUM DISCLOSURE
Freedom of information legislation should by guided
by the principle of maximum disclosure
PRINCIPLE 2.
OBLIGATION TO PUBLISH
Public bodies should be under an obligation to publish key information
PRINCIPLE 3.
PROMOTION OF OPEN GOVERNMENT
Public bodies must actively promote open government
PRINCIPLE 4.
LIMITED SCOPE OF EXCEPTIONS
Exceptions should be clearly and narrowly drawn and subject to strict “harm” and “public interest” tests
PRINCIPLE 5.
PROCESSES TO FACILITATE ACCESS
Requests for information should be processed rapidly and fairly and an independent review of any refusals should be available
PRINCIPLE 6.
COSTS
Individuals should not be deterred from making requests
for information by excessive costs
PRINCIPLE 7.
OPEN MEETINGS
Meetings of public bodies should be open to the public
PRINCIPLE 8.
DISCLOSURE TAKES PRECEDENCE
Laws which are inconsistent with the principle of maximum disclosure should be amended or repealed
PRINCIPLE 9.
PROTECTION FOR WHISTLEBLOWERS
Individuals who release information on wrongdoing – whistleblowers – must be protected
Freedom of information: A comparative legal survey

http://portal.unesco.org/ci/en/ev.php-URL_ID=26159&URL_DO=DO_TOPIC&URL_SECTION=201.html
Right to Know. Right Now!

http://i-foi.org/
Freedom of Information
In its first session in 1946, the United Nations General Assembly adopted
Resolution 59(I)
, which states that:
http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/033/10/IMG/NR003310.pdf?OpenElement
Supreme Court decisions, among which:
Valentin L. Legaspi vs. Civil Service Commission (G.R. No. 72119. May 29, 1987)
Ricardo Valmonte, et al vs. Feliciano Belmonte, Jr. (G.R. No. 74930. February 13, 1989)
Executive Order No. 89 (Directing the implementation of a policy of accessibility and transparency in government)
Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)
The right to information is enshrined in the 1987 Philippine Constitution and recognized in a number of policies.
“The right of the people to information on matters of public concern shall be recognized.
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 limitations as may be provided by law.”
(Bill of Rights, Article III, Section 7)

“Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of
full public disclosure
of all its transactions involving
public interest
.”
(Declaration of Principles and State Policies, Article II, Section 28)
WHY IS
FREEDOM OF INFORMATION
IMPORTANT?
A system which requires active engagement and participation of all citizens in decision-making and in governance.
TRANSPARENCY
and
ACCOUNTABILITY
in government
Expose wrongdoing
Anti-corruption tool
Dismantle the culture of secrecy
Significant to DEMOCRACY
YES
Sign the petition
Isabatas na ang People's FOI #PeoplesFOInow

https://www.change.org/TayoNaParaSaFOI
http://i.ehow.com/images/a05/1k/id/directions-making-quill-pen-800x800.jpg
FREEDOM OF INFORMATION
A presentation by the:
Track the legislation
http://en.wikipedia.org/wiki/File:Flag_map_of_the_Philippines.svg
Join the social media campaign to pass the FOI bill.
Please use the hashtag
Support the passage of the FOI Act! Be heard.
TEXT
<I SUPPORT FOI> <NAME> <AGE> <CITY> and send to 0919-
FOI
-5501 (09193645501)
#FOInow
http://www.scribd.com/doc/170526600/Senate-Bill-1733
Full transcript