Senate okays proposed Freedom of Information Act of 2009

By Jelly F. Musico

MANILA, Dec. 14 — The Senate approved on third and final reading on Monday the proposed Freedom of Information Act of 2009 that would give the people the right to information and government transactions affecting public interests.

Twelve senators voted in favor of Senate Bill No. 3308 which mandates government agencies to make available for public scrutiny, copying and reproduction all information pertaining to official acts as provided in the Constitution.

The measure also imposes a one- to six-month imprisonment on any public official or employee who prevents the exercise of the constitutional rights.

”With this, we shall have a law promoting the right of all Filipinos to have access to all public documents. All records should be made available to the media, to NGOs [non-governmental organizations], and to any interested groups without fear or favor of repercussion from government agencies," Senate Majority Leader Juan Miguel Zubiri said in a media interview after the approval of the bill.

"This law is crucial for transparency and credibility of the next administration," he added.

According to the bill, the access to information may be denied when the information is specifically authorized to be kept secret under guidelines established by an executive order.

Other grounds for denial of access to information include:

–The information requested pertains to internal and external defense and law enforcement, when the revelation thereof would render a legitimate military or police station ineffective, unduly compromise the prevention, detection or suppression of a criminal activity, or endanger the life or physical safety of confidential or protected sources or witnesses, law enforcement and military personnel or their immediate families.

–The information requested pertains to the personal information of a natural person other than the requesting party and its disclosure would constitute a clearly unwarranted invasion of his or her personal privacy.

–The information requested pertains to trade, industrial, financial or commercial secrets of a natural or juridical person other than the requesting party.

–The information is privileged from production in legal proceedings by law or by the rules of court unless the person entitled to the privilege has waived it.

–The information requested is exempted by law or the Constitution.

–The information requested is obtained by any committee of either House of Congress in executive session.

–When the information requested consists of drafts of decisions by any executive, administrative, judicial or quasi-judicial body in the exercise of their adjudicatory functions whenever the revelation thereof would reasonably tend to impair the impartiality of verdicts or otherwise obstruct the administration of justice.

But even if the information was covered by the aforementioned exceptions, the bill pointed out that access to information should not be denied when: First, the information may be reasonably severed from the body of the information which would be subject to the exceptions; second, the public interest in the disclosure outweighs the harm to the interest sought to be protected by the exceptions or the requesting party is either House of Congress or any of its committees and the disclosure is to be made in executive session, unless the disclosure will constitute a violation of the Constitution.

“If the government agency decided to deny the request, in whole or in part, it shall within seven days from the receipt of the request, notify the person making the request in writing or through electronic means,” the bill further stated.

The proposed law was prepared by the Senate committees on public information and mass media chaired by Senator Allan Peter Cayetano and civil service and government organization chaired by Senator Antonio Trillanes IV. (PNA) scs/jfm

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