Author: pcijwebadmin

STATEMENT OF RIGHT TO KNOW, RIGHT NOW! COALITION
28 July 2016

With the signing of the Executive Order on Freedom of Information (FOI) last July 23, 2016, the decades-long fight for a Philippine FOI law has been breathed life anew. Even as it reminds that it does not take the place of an FOI statute, the Right to Know, Right Now! Coalition (“R2KRN”) believes that the EO is definitely a landmark step for the country in its quest for institutionalized transparency and culture of accountability and informed citizen’s participation.

The EO on FOI, consisting of 19 sections, provides a clear and unequivocal directive to all public officers and employees of the Executive Department to respect and fully operationalize the right of every Filipino to have access to information in their custody, subject only to already EXISTING exceptions under the constitution, law or jurisprdence. It also encourages the LGUs, through its power of general suprevision, to likewise observe and be guided by the EO.

The biggest contribution of the EO to the operationalization of FOI is in spelling out for the Executive branch HOW this will be done. The EO lays down basic standards and procedure in requesting, processing and giving access to information. Every government office is directed to prepare a People’s FOI Manual embodying such procedure, observing the timelines and standards for government action provided by the EO.

The Coalition is aware that by the nature of it being an EO, it is limited in its application to the Executive Department. This notwithstanding, the EO represents a major progressive leap on transparency (contrary to the negativist and misleading assertions by some quarters that the EO is “toothless”).

For one, the executive is the biggest branch of government, responsible for the greatest scope of official acts, transactions, decisions, and policy development that affect the lives of every Filipino. For another, experience from our FOI practice shows that one of the biggest hurdles in accessing information is the absence of uniform, speedy and mandated procedure for access, which the EO addresses. This aspect in fact already constitutes a large portion of what the FOI bills want to achieve. We also appreciate the refreshing and decisive leadership under the present administration to deliver on a stated promise to the people.

The EO is a work in progress, and the coalition commits to continue to work with the Duterte administration on the critical next steps. The first is to ensure that the inventory prepared by the DOJ and the Office of the Solicitor General is faithful to existing law and jurisprudence, and in line with the right to information. The second is to actively engage implementation, both in terms of the implementing rules and actual practice. The third is to push for the review of the outdated information classification guidelines embodied in Memorandum Circular No. 78 mentioned in the repealing clause of the EO. The fourth is the adoption by the LGUs and Constitutional bodies of similar administrative procedures to govern their respective offices.

While the EO is definitely a welcome development in the people’s struggle for our right to access information as enshrined in the constitution, we challenge Congress to prove itself equally responsive by finally overcoming their resistance to FOI and enact a progressive FOI law. An FOI law will be a positive addition to the EO in respect to the following: (1) expanding the coverage of FOI standards beyond the executive department; (2) reviewing the exceptions to limit them to only what are reasonable and necessary; (3) introducing criminal liability where appropriate; and (4) affording further institutionalization given the greater stability of an Act of Congress. In this regard, the coalition will be refiling an FOI bill in Congress through Indirect Initiative, and invites organizations and individuals to join its campaign for the passage of an equally progressive People’s FOI Law in the coming months.

While the EO is a welcome development in the people’s struggle for our constitutional right to information, the Coalition emphasizes that ultimately, it will be the FOI practice of both citizens and government that will be key. The Coaltion calls on the public to engage in FOI practice at all levels, and use the constitutional right to information, the EO on FOI, and the FOI law should one be enacted, as instruments to effect positive change in policy and development.

 

THE RIGHT TO KNOW, RIGHT KNOW! COALITION
28 July 2016

Reference
Atty. Eirene Jhone E. Aguila, Co-convenor
0919 999 4578

Reprinted from The Manila Times.

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THIS has reference to the article written by Ms. Malou Mangahas, and Misters Fernando Cabigao and Vino Lucero entitled, “Tesda’s Billions: Rules don’t apply in PDAF-funded seminars” published in your paper on August 28.

We are writing to explain the issue raised in the article which said that, “Another P1.31 billion came just as the year was ending in December 2012, from the Department of Social Welfare and Development (DSWD) for the implementation of TESDA-DSWD Cash-for­ Training Project (C4TP), though this was not used in 2012.”

We appreciate your concern on the implementation of the DSWD-TESDA partnership project.

While the information is true, we would like to clarify that the project was launched in the latter part of 2012 and the core implementation ran from 2013-2014.

C4TP is a partnership program with the Technical Education and Skills Development Authority (TESDA). It is a training program which teaches participants employable skills and sustainable employment opportunities.

The program was implemented in January 2013, wherein 65,730 beneficiaries were targeted and entitled to P20,000 each to cover the training cost including transportation assistance, tool kits and tuition fees.

A total of 62,069 graduated out of the 64,299 students who were enrolled in the program. From the 64,155 assessments done on graduates, 54,729 were given TESDA certifications, and out of this, 43,661 were employed in different local companies and agencies. Please note that 64,155 assessments were done even if only 62,069 graduated because some graduates were assessed twice through “bundled courses,” e.g., Automotive Servicing NC I and Driving NC II.

Arnel Baldos, a person with disability from San Miguel, Leyte, was one of the recipients of the program. Arnel thanked the DSWD and TESDA for the joint program where he completed a two- month Consumer Electronic Servicing course.

There are several success stories of beneficiaries in various regions where the program was implemented and where our out-of-school youths benefited. Therefore, the fund was used for its intended purpose.

The Department believes that the program was implemented according to the principles of good governance, transparency, and accountability. The beneficiaries themselves can attest that the program helped and provided them a better chance of earning livelihood.

Assistant Secretary Javier R. Jimenez
DSWD Spokesperson
Department of Social Welfare and
Development
Republic of the Philippines
(This letter is dated Sept. 8, 2015)

Reprinted from The Manila Times.

-

THIS has reference to the article written by Ms. Malou Mangahas, and Misters Fernando Cabigao and Vino Lucero entitled, “Tesda’s Billions: Rules don’t apply in PDAF-funded seminars” published in your paper on August 28.

We are writing to explain the issue raised in the article which said that, “Another P1.31 billion came just as the year was ending in December 2012, from the Department of Social Welfare and Development (DSWD) for the implementation of TESDA-DSWD Cash-for­ Training Project (C4TP), though this was not used in 2012.”

We appreciate your concern on the implementation of the DSWD-TESDA partnership project.

While the information is true, we would like to clarify that the project was launched in the latter part of 2012 and the core implementation ran from 2013-2014.

C4TP is a partnership program with the Technical Education and Skills Development Authority (TESDA). It is a training program which teaches participants employable skills and sustainable employment opportunities.

The program was implemented in January 2013, wherein 65,730 beneficiaries were targeted and entitled to P20,000 each to cover the training cost including transportation assistance, tool kits and tuition fees.

A total of 62,069 graduated out of the 64,299 students who were enrolled in the program. From the 64,155 assessments done on graduates, 54,729 were given TESDA certifications, and out of this, 43,661 were employed in different local companies and agencies. Please note that 64,155 assessments were done even if only 62,069 graduated because some graduates were assessed twice through “bundled courses,” e.g., Automotive Servicing NC I and Driving NC II.

Arnel Baldos, a person with disability from San Miguel, Leyte, was one of the recipients of the program. Arnel thanked the DSWD and TESDA for the joint program where he completed a two- month Consumer Electronic Servicing course.

There are several success stories of beneficiaries in various regions where the program was implemented and where our out-of-school youths benefited. Therefore, the fund was used for its intended purpose.

The Department believes that the program was implemented according to the principles of good governance, transparency, and accountability. The beneficiaries themselves can attest that the program helped and provided them a better chance of earning livelihood.

Assistant Secretary Javier R. Jimenez
DSWD Spokesperson
Department of Social Welfare and
Development
Republic of the Philippines
(This letter is dated Sept. 8, 2015)