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BY AYIN DREAM D. APLASCA
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FOR THE past years, Filipinos have been pushing for more transparency in government. This was long before the current administration.
During the 16th Congress, a freedom of information (FOI) legislation was initiated as well as in the two earlier congresses. However, it was only this year that the President guaranteed – through an executive order – public to access to information in the executive department.
Why am I discussing this? Last week, I had a conversation with a friend regarding her request to access information and documents regarding her concerns in a certain government agency. Unfortunately, she was not accorded what she was asking for. Considering all the factors in relation to what she was requesting, I sensed that it is only vital to adhere to her requests.
The FOI comes in the picture. Let me share with you the use and importance of FOI for you to exercise one of your basic rights.
The FOI executive order provides full public disclosure of all government records involving public interest and upholds the constitutional right of people to information on matters of public concern. It states that: “Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.”
For one to avail himself of the said right, the person must first request a government agency in writing. It must include the name and contact information of the requesting party, a valid proof of his identification, the specific information being requested and the reason or purpose for the request.
Upon receiving the application, the government agency through an official must provide reasonable assistance to the requesting party, and shall respond and notify the applicant of their decision to the request within 15 days of receiving the request. Of course, this is case-to-case basis depending on the situation.
The order had 166 exceptions but these were downgraded to nine, including endangering a person’s life or safety such as medical records, bank deposits, and other information considered as privileged communication in legal proceedings by law or by the rules of court.
My friend returned to the government agency where she went last week. I told her to ask for the People’s FOI Manual for her to know the specific instructions so she could avail herself of the FOI.
The order safeguards access to information. We are still hopeful that in the near future this basic right will apply equally to the other branches of government and to independent constitutional bodies that cannot be covered by an executive order.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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