Aquino taking ‘bosses’ for a ride on FOI Bill

ON DISTANT SHORE
By Val G. Abelgas

Shortly before being proclaimed the official winner of the 2010 presidential elections, then Senator Benigno S. Aquino III reaffirmed his campaign promise – that his administration would make the passage of the Freedom of Information bill its priority.

Aquino has obviously been taking the people, whom he proclaims to be his “bosses” for a ride because four years since, he still refuses to certify it as urgent, which would ensure swift passage of the measure considering his almost absolute control of the House of Representatives.

Malacanang says the President cannot certify the bill as urgent because it does not involve a national emergency and Aquino was circumspect about using his presidential powers.

How can it not be a national emergency when the government is losing billions and billions of pesos in taxpayers’ money to numerous anomalies perpetrated by both government officials and private businessmen? How can it not be of utmost priority when recent events have shown that the government has lost at least P10 billion to a pork barrel scam under the Priority Development Assistance Fund and billions more to the Disbursement Acceleration Program that have both been ruled illegal and unconstitutional by the Supreme Court? How can it not be of primary concern in the wake of numerous fund scandals that have rocked this and previous administrations?

When will the FOI Bill, which will ensure transparency and accountability in government deals, become a priority for this administration that has promised to curb corruption in all levels of government?

But, alas, the President insists that the FOI Bill will be passed before his term ends. I think I can believe that. He will most probably certify it prior to the last few sessions before his term ends, and with his go-signal it should pass the House, at last, a few days before the new President would take over. The provisions of the law would then apply to the next administration, not to his.

He is probably trying to hold it until the last few days because, who knows, he might yet end up the president for the next six years or so. If that happens, we will have another six years of doublespeak from Aquino and Malacanang on the fate of the FOI Bill.

It is ironic that an administration that rode to poll victory on promises of combatting corruption and on a legacy of democracy would push for the prompt passage of the Cybercrime Law, which restricts freedom of expression and information, while choosing to put in the freezer a measure that would promote transparency and accountability in government, freedom of information and the press, and vigilance in media and the public.

“If it ain’t hiding anything, Malacañang has nothing to fear about the freedom of information (FOI) bill,” Sen. Grace Poe said last week as she pushed for its passage.

Poe said the controversies surrounding the administration’s economic stimulus program, and even the high court justices’ wealth could have been avoided had the FOI been in place before.

Former Manila Rep. Benny Abante, one of the original co-authors of the legislation, said of Aquino’s refusal to certify the bill as urgent: “This is not about his administration or any specific administration; what we want is to institutionalize measures that will deter and expose corruption at all levels of government. For someone who purportedly claims to be a champion of good governance, the President’s lukewarm reaction to FOI is perplexing.”

The Senate has approved almost every year its own version of the FOI Bill, the latest being in March. On the other hand, in the last 10 years or so, the House of Representatives has not gone beyond committee level on its own version.

The FOI bill, which is based on a person’s right to information on matters of public concern, allows public access to government information except those concerning matters of national security, information pertaining to foreign relations, law enforcement operations, matters pertaining to privacy of an individual, trade and economic secrets, privileged information in judicial proceedings, information made in executive sessions of Congress, and matters covered by presidential privilege, among others.

Aquino’s aversion to the FOI bill is understandable considering that since he took office in 2010, he has been blaming media each time his approval rating slips. He raised the bar on government officials when he vowed to fight corruption and to follow a “daang matuwid,” and yet he cannot tolerate the media’s exposing venalities in government. If he truly believes his Cabinet and his agencies are following the straight path, why is Aquino so afraid of a Freedom of Information Act?

Congress needs to pass the FOI bill because the Constitution’s Bill of Rights explicitly recognizes the people’s right to matters of public concern. The FOI bill would make corrupt politicians and bureaucrats think twice before committing anomalies because the public would have the means to scrutinize their acts and the media would be able to expose these acts immediately.

The Philippines, which boasts of one of the freest press in the world, remains one of the few democratic countries still without a Freedom of Information law. That such a measure has been stalled under an administration that boasts of transparency and the “daang matuwid” is simply unacceptable and, as Abante said, quite perflexing.

(valabelgas@aol.com)