Truth Telling and other Perils in “Democratic” Philippines
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Information and For Other Purposes,” was submitted to the House of
Representatives for discussion. But the draft, despite hopes that it would be
approved after years of seeing it through Congress, was killed in the last day of
the 14th Congress.
The draft Act would require every government agency to keep and
maintain records which the public can access, specifying that certain records
may not be destroyed, specically those pertaining to government loans and
guarantees; government contracts exceeding P10 million; the declaration of
assets, liabilities and net worth required of government ofcials and
employees; investigations of graft and corrupt practices by public ofcers; and
any others where signicant public interest is involved, or may be involved.
The proposed Act also requires every government body to provide the
public with information about its operations, its powers and functions, the
services it delivers, its programmes, projects and performance targets and
accomplishments, the means through which the public can participate in policy
formulation, its record-keeping system, and details of the contracts into which
it enters. Under the draft Act, government agencies are mandated to make
available to the public information on almost every aspect of their operations,
policies, structure and transactions, on the records in their custody or under
their control.
Government bodies are also required to disclose to the public information
not explicitly exempted by the draft Act and which poses possible harm to the
public's health, the environment, or any other matter that affects the public
interest. The draft Act also species the conditions in which a government
agency can deny access, among them the President's declaration through an
executive order that disclosure may damage national security. This may,
however, be challenged before the Supreme Court. Neither can records
regarding ongoing investigations be released when disclosure would interfere
with the proceedings, deprive a person of a fair trial, disclose the identity of a
condential source, or endanger the life and safety of law enforcement
personnel.
The draft Act also claries the scope of the constitutional guarantee of access
to information and imposes nes and prison terms for its violation. In the
aftermath of the draft law's non-approval on June 4, 2015, some congressmen
were reported to be readying amendments that would include a clause that
would make the Act once approved non-retroactive, meaning government
information prior to the Act's approval would not be covered, as well as making
its approval conditional to the passage of a Right of Reply Act, the introduction
of which much of the Philippine media opposed in 2009.
President Rodrigo Duterte has issued an Executive Order mandating access
to information held by agencies under the executive department. But because
of the number of exceptions to information that may be accessed (166), such
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