FOI advocates to Mendiola, ask for PNoy support

GROUPS pushing for the passage of the Freedom of Information (FOI) bill march to Mendiola Monday afternoon to ask President Benigno S. Aquino III to certify the bill as urgent and save it from yet another death in the House of Representatives.

The Right to Know Right Now! Coalition, a network of 150 media and civil society organizations committed to the passage of an FOI bill, says only President Aquino can still revive the measure at the last minute.

With only six session days to go before going on an extended election campaign recess on Feb. 8, members of the House of Representatives convene again to tackle matters they still deem to be important in the last days of the 15th Congress. For the last three session days, legislators deftly avoided bringing up the controversial FOI bill even as pro-FOI legislators pressed the House leadership to put the bill in the chamber’s order of business. House Committee on Public Information chairman Ben Evardone says that he has been ready to sponsor the measure on the house floor for the last three days, to no avail.

In the last two session days, Davao Sur Rep. Marc Douglas Cagas successfully blocked any discussion of the FOI when he threatened to question the existence of a quorum in the chamber. Cagas has been blocking the legislative mill in protest over a law signed by President Aquino creating the province of Davao Occidental.

FOI advocates are hoping that the President himself finally steps in to breath some life into the bill by certifying it urgent and urging House leaders to act on the measure. Malacanang has been largely lukewarm to the bill, even though President Aquino had indicated his support for the measure when he was still running for the Presidency.

The Right to Know Right Now! Coalition will assemble in front of the University of Sto. Tomas at two in the afternoon Jan. 28 in preparation for the march to Mendiola bridge in front of Malacanang Palace.

FOI in ICU: Will P-Noy save or kill it?

LIMP, nearly lifeless, in ICU.

This is the sorry situation as of today of the Freedom of Information (FOI) bill.

The House of Representatives spent not even a minute to discuss the FOI during its three session days last week, even as the bill was on its order of business. Only six session days remain before Congress adjourns again on Feb. 8 for the May 2013 elections.

So what is President P-Noy to do?

One, he can zip it, stand idly by and do nothing as his party mates and allies in the House kill the bill for good. Or, he can choose to act, be the leader that he should, and certify to the urgency of the enactment of the bill.

In another pooled editorial published today, Jan. 28, newspaper-members of the Philippine Press Institute (PPI) spelled out these two options for the President.

The Right to Know, Right Now! Coalition, meanwhile, announced that its members will march to Mendiola near the presidential palace at 2 p.m. today, to demand that P-Noy issue a certification to save the bill.

The editorial recalled that in 2010 as a candidate for president, P-Noy had promised to support the FOI bill and accord its passage top priority. “Now President and also chairman of the ruling Liberal Party coalition in the House, he has both power and duty to fulfill his promise and to do his part to save a bill that will enable the Constitutionally guaranteed rights of the people to information, and to transparency and accountability in government,” it said.

Should he ignore the summon to action, the editorial said, P-Noy would have failed, too “a most important test of leadership. “If he should choose to stand idly by, when in fact he could have intervened to rescue the bill, by his inaction he will have also joined the ranks of his murderous allies,” it said.

Here is the full text of the pooled editorial:

FOI in ICU: A Call for Rescue by P-Noy

THE FREEDOM OF INFORMATION (FOI) Bill is on the throes of death.

With just six session days left before the House of Representatives adjourns for the May 2013 election campaign, one and only one miracle could save it from certain perdition — a certification on the urgency of its immediate enactment by President Aquino himself.

It should not have reached the ICU, if only the House did something more than nothing on the FOI bill during its three session days last week.

On Session Day 1, the House did not even enroll the bill in its order of business, even as it had been in the Order of Business for reference to the Rules Committee on Dec. 18, 2012 yet. On Days 2 and 3, just when the Bill had already been calendared for sponsorship and plenary debate, a legislator threatened to question the quorum for a motion too parochial and self-serving, and kept the entire House hostage to his whim.

Yet still, the House leaders allowed three privilege speeches, and over an hour of interpellation for one, on Day 3. The legislator and the House leaders did not allow even a single minute of discussion on the FOI bill.

Last week’s events point to a House conspiracy to kill the bill led no less by Speaker Feliciano Belmonte Jr. and Majority Leader Neptali Gonzales II, and with the many habitual absentees of the House in cameo role.

After opening the session and immediately leaving the presiding chores to a Deputy Speaker on day 1, Belmonte was not to be seen again on the floor last week. The same goes for his Majority Leader, who showed up for just a few minutes on Day 3. That was as far as they went to demonstrate their leadership of a chamber turned totally inept to take action on the FOI bill by a legislator on tantrum mode.

In recent weeks, Belmonte and Gonzales had assured that they wanted the plenary debate on the FOI bill to proceed posthaste. For a minute, the broad coalition of FOI advocates and authors had thought the duo had stopped their dribble drivel on the bill.

Last week’s events, however, made it all plain to everyone: after the drivel comes now a plot to murder the bill in the House through sheer ineptitude and deliberate actions of its leaders, the chronic absenteeism of majority of its members, and the resort to absurd tantrum ploys of one legislator.

We smell the stench of death in progress for the FOI bill. We see a rerun of the farce on the FOI bill that was staged by the 14th Congress under Speaker Prospero Nograles Jr. It’s all the same save for one twist — Belmonte’s 15th seems more duplicitous. It declares full lip-service commitment for FOI but also employs full-throttle theatrics to prevent the bill’s passage.

That Belmonte’s House has failed the people on the FOI bill is an indisputable fact.

For one, the legislator in tantrum allowed other matters to be discussed by the House last Tuesday and Wednesday but it was only when the FOI bill was about to be taken up did he insisted on his quorum question.

For another, the all-powerful Rules Committee led by Gonzales is not exactly helpless to act on matters of agenda. It did not intervene for the FOI bill.

For a third, that the House could not achieve a quorum is not a problem that citizens should have to deal with — lawmakers are precisely paid handsome fees, on top of fat slabs of pork money, to legislate. Their minimum obligation is to attend all sessions, without fail. Belmonte and Gonzales have the command responsibility to see to this.

For a fourth, Belmonte and Gonzales could have declared the FOI bill urgent pursuant to Rule X, Section 52, of the House Rules, thereby paving the way for the adoption of a timetable for debate and voting on FOI.

Finally and most important of all, Belmonte and Gonzales could have prevented the deliberate delays on the consideration of the bill by Rep. Ben Evardone at the committee level, which got the FOI bill in its code blue condition in the first place.

Fact is, as Evardone hemmed and hawed, legislators in favor of the FOI bill launched an initiative to use Rule IX, Section 37, Par. 1 of the House Rules allowing 1/4 of the members of a committee to call a hearing.

But presented with the notice of hearing signed by more than the eight Committee members needed to put the rule in effect, Belmonte prevailed upon the group to allow Evardone to call the hearing instead, allowing Evardone to further delay committee action.

With three session days wasted and only six more to go, the last remaining trigger for the House to finally act on the bill is a certification from President Aquino on the urgency of its immediate enactment.

Three years ago as a candidate for president, Aquino had promised to support the FOI bill and accord its passage top priority. Now President and also chairman of the ruling Liberal Party coalition in the House, he has both power and duty to fulfill his promise and to do his part to save a bill that will enable the Constitutionally guaranteed rights of the people to information, and to transparency and accountability in government.

Failing in this, the President would have also failed a most important test of leadership. If he should choose to stand idly by, when in fact he could have intervened to rescue it, by his inaction he will have also joined the ranks of his murderous allies.

Today, the people will march again to Mendiola to lay at the doorstep of President Aquino the FOI bill, limp and nearly lifeless. Save it, the President can. Kill it, the President can, too. In the name of the Constitution, the people, and daang matuwid, the correct choice is clear: Certify the FOI bill as urgent!

DBM on transparency drop: PH still in upper 50%

THE PHILIPPINE GOVERNMENT acknowledged the seven point drop in its budget transparency rating, but stressed that significant reforms are already in place to make the budget more accessible to ordinary people.

Reacting to the Open Budget Survey report released by the Philippine Center for Investigative Journalism (PCIJ) on Thursday, Budget Secretary Florencio Abad said the Philippines still remains “within the top 50 percent of the world in the OBI (survey)” despite the drop.

The PCIJ, which serves as country researcher for the Open Budget Survey, reported a seven point drop in the country’s rating from 55 in 2010 to 48 in 2012. The OBS is a global survey conducted every two years on the state of of budget transparency all over the world. The survey aims to encourage governments to open up their budget processes and make them more transparent, thereby discouraging corruption and encouraging more citizen participation.

The full PCIJ report may be viewed here. A brief videographic explaining the main points of the survey may be viewed here.

In a statement posted in the DBM website, Abad noted that the reduction in the Philippine score was due to the late publication of some of the documents that are reviewed in the survey, and the “reduction in the quality of the document that has been considered as the Year-End Report.”

Abad said that while the government respects the methodology used in the survey (which applies throughout the world), the standards used are “rather limited in scope” and do not take into account other “high-impact developments” and initiatives in the country.

“These initiatives – along with other budget transparency reforms launched by the Aquino administration – have actually made it easier for the public to gain access to key information on the National Budget,” Abad said.

“We in the DBM under the Aquino Administration are committed to push for greater budget transparency and participation in the Philippines, and will continue to work towards better openness and public engagement in fund expenditure management,” Abad said.

Abad’s full statement may be read here.

PH score drops in transparency survey

THE PHILIPPINE Center for Investigative Journalism on Thursday launched the results of the global survey on the state of transparency in the Philippines, where the country’s score slipped a few notches.

The Open Budget Survey for 2012 is produced every two years by the International Budget Partnership in order to encourage more openness and transparency in the budgeting process of governments. The PCIJ has been serving as the country researcher for the Philippines since 2006.

In this short video-graphic, PCIJ Research Director Karol Ann Ilagan summarizes the main points of the OBS results.The graphic was produced by PCIJ’s Rowena Caronan.

The print version of the OBS results may be read here.

FOI loses Day 3 to Cagas’ ‘tantrum’

“Only a miracle can save the FOI now.”

So said champions of the long-delayed Freedom of Information (FOI) bill as the House of Representatives again failed on Wednesday to tackle the measure on the floor.

Legislators supporting the FOI have been waiting for three days for a chance to sponsor the bill on the floor, as the House calendar counts down to the election recess. The chamber adjourns on February 8 for an extended election break, leaving only six more days for FOI proponents to make a fast break.

Cagas - where are the warm bodies

However, Wednesday’s session went down the drain as well after the House leadership failed to mollify Davao del Sur Rep Marc Douglas Cagas IV. Cagas has been threatening to raise the absence of a quorum since Tuesday in order to block the sending of a newly signed law creating the province of Davao Occidental to the House archives. Douglas, one of the original proponents of the law, has now become its oppositor.

Unfortunately, the FOI bill has become an indirect victim of Cagas’ crusade against the Davao Occidental law. Tuesday’s session was also aborted by Cagas’ threats to question the lack of quorum.

Cagas and Gonzalez confer

An hour into Wednesday’s session, Cagas took to the floor to raise a question as to “whether there were enough warm bodies” in the chamber. House leaders took this to mean that Cagas was again threatening to raise the lack of quorum in the chamber, as there were less than 50 Congressmen present. Majority Floor leader Neptali Gonzales II rushed to talk to Cagas as the session was suspended.

When session resumed, Cagas appeared to have been mollified at first. Cagas again took the floor, saying he had already conferred with the Majority Floor Leader, and that they had come to an agreement. Cagas however again gave broad hints that there was no quorum in the chamber.

“After conferring with the Majority Leader, although his body is not that warm to warm all of us here, I agree with his (suggestion.)” Cagas said.

However, after a few more speeches by legislators on local concerns, FOI advocates watching from the gallery were surprised when the session was adjourned until Monday the following week.

Rep. Teddy Baguilat and Walden Bello, both champions of the FOI, said Cagas had refused to back down. In his discussion with Gonzalez, Cagas only agreed to allow local concerns to be taken up by the chamber. However, the legislator threatened to question the lack of quorum if any other measure was taken up by Congress during the session, including the FOI.

House Committee on Public Information chairman Ben Evardone, who was set to deliver the sponsorship speech for the FOI bill, said Cagas was apparently offended by media reports that blamed him for the failure of the chamber to tackle the FOI the day before. Media had quoted pro-FOI legislators as saying on Tuesday that they were blindsided by Cagas’ “parochial” concerns.

In addition, the Cagas patriarch, Davao Sur Governor Douglas Cagas, had himself attended the session to make sure that his son blocks any move to bring the Davao Occidental law to the congressional archive.

Curiously, Baguilat said, Cagas told FOI proponents that they could begin discussion of the measure on Monday, Jan. 28, as he would not be attending the session on that day.

Baguilat and Bello were stumped by this turn of events, as both were already expecting a tight race for the FOI when Congress resumed session last Jan. 22. With the new developments and the three day delay, Baguilat said only a miracle would save the FOI in the 15th Congress.

Barring a miracle, the only other thing that could save the FOI, Baguilat said, would be a certification from Malacanang that the FOI is an urgent measure. However, given the lukewarm support of the Palace to the measure, Baguilat said that a Presidential endorsement would also be a miraculous event in itself.

No quorum

Bello for his part said it was also unfortunate that Congress could not muster a quorum for the last two days, leaving the chamber hostage to Cagas’ threats. If all the Congressmen had only attended the session as they were supposed to, Bello said, Cagas would not have any ammunition with which to block measures on the floor.

There were less than 30 Congressmen present on the floor when the session began at 4 p.m. Wednesday. By the time the session adjourned at around 6 p.m. there were less than 50 present.

Interestingly, opponents of the FOI had earlier delayed the bill at the committee level by insisting that the committee stop hearings on the bill at 4 p.m. sharp because of a rule that requires all Congressmen to attend sessions.

Right to Know Right Now! lead convenor Nepomuceno Malaluan said the FOI advocates were extremely disappointed with the unnecessary delays in the passage of the bill. Malaluan said that advocates were hoping to the last minute that Congress would deliver on its promise to pass the measure before going on a break. With the delayed timetable, Malaluan said proponents were now preparing for the eventuality of another campaign, this time with the 16th Congress in mind.

Malaluan also expressed disappointment with the failure of President Benigno S. Aquino III to make a firmer stand on the FOI despite his earlier assurances of support for the bill.