The Senate Bill 1733 which shall be known as “People’s Freedom of Information Act
of 2013” mainly gives the people of the Philippines the right to be informed on
transactions involving matters of
public concerns that our government and all government personnel are involved.
This empowers the people and the citizenry to check abuses in the government.
In terms of our public officials and employees, this will help them to endeavor transparency, honesty and justice in the performance of their duties.
On
the other side of the coin, the public shall know that there are also
provisions of this act that protects our National Security and Sovereignty. It
shall be known also by the public that there are exemptions in this Bill. As
member of AFP, we are mandated to protect of Country and preserve our sovereignty.
It is our soul duty to defend our country and this is the same with all
citizens of this country. As responsible
citizens of this country, everyone shall know that we can defend our country by
observing the provisions of this bill which particularly exempts Information
directly related to National Security or Defense from being divulged to the
public. It shall be known to all citizens that there are also information’s
that need to be kept secret as provided in this bill. This is giving due
importance to our National Security. It shall be known that this is one form of
check and balance. Check in terms of irregularities and corruption but give due
importance to balance in terms of preserving our National Sovereignty.
Interpreting
this bill in terms of its context as “Freedom of Information Bill” is not
enough. The Act shall be thoroughly read and understood so every one of us
shall know our responsibilities and also our limitations, responsibilities of
our government officials as well as responsibilities of the citizenry. Reading
through the four (4) words of the bill “Freedom-of-Information –Bill” will give
a very deceiving interpretation. To some, they might interpret that this bill
transcends to all information which will give a very different perspective to
the public view. First impression will give a perspective that we can access
all information but as we go through the bill thoroughly, we can see that there
are exceptions as well as there are responsibilities for both the government
and the public. It is very important that the public shall know that check and
balance which should be observed both by the government and the Public in the
observance of this Act.
What
about the role of the media in this bill? Media is part of the citizenry and
they are considered to be the unelected and unofficial voice of the people. It
shall be known among the media that they play very important role in the
observance of this bill. They shall read the provisions of this bill and
understand the importance of the exceptions stated in the bill. If media
practitioners interpret this bill through its context, without thoroughly going
through its provisions, the good intent of this bill will be defeated. We
believe that responsible media reporting
will maximize the good effects of this bill. While on the other hand,
this bill opens opportunity for irresponsible media to breed abuse and
corruption among media practitioners. At
present, where Philippine media are being dubbed by international community as
well as international media as irresponsible media practitioners, this bill
shall enhance the good practices done by responsible media practitioners and
will lessen the irresponsible practice of some Philippine Media practitioners.
In
observing the “Freedom of Information Bill”, every citizen of this country
should understand and give due importance to National Security and our
Sovereignty. It shall be known to all that there are provisions of this bill
that protects and preserves our National Security and Sovereignty. To some, this might be a lightly regarded
matter but every citizen of this country should know that this is very
important and every citizen shall endeavour to protect our sovereignty. Every
one of us should understand that, not all government information’s are for
public consumption. There are information’s that needs to be protected and
preserved in order to keep our country secured. As stated in this bill in “Section 7 paragraph a, Information’s to be
kept secret are; 1) The information directly relates to National Security or
defense and its revelation may cause serious damage to the national security or
internal and external defense of the state; or 2) The information requested
pertains to the foreign affairs of the Republic of the Philippines, when its
revelation shall unduly weaken the negotiating position of the Government in an
ongoing bilateral or multilateral negotiations or seriously jeopardize the
diplomatic relations of the Philippines with any state. Provided, further that
the executive order shall specify the reasonable period after which the
information shall be automatically declassified or subject to mandatory
declassification review, and that any reasonable doubt as to classification and
declassification shall be settled in favour of the right to information;.” Reading through the provisions stated
above, we can clearly comprehend that there are exceptions in this bill. It is
my sole intention to emphasize said provisions. This simply implies that we
should also protect our sovereignty through this bill. We should give due
respect to agencies in the government that continuously works silently to
defend our country in order for us to enjoy freedom and democracy.
Let
us not use “Freedom” to suppress our FREEDOM. What do we mean in this statement?
Interpreting the “Freedom of Information Bill” without reading saliently its
provisions will lead to the statement above. Let all people know that there are
information’s protected by this government in order for us to enjoy our Freedom
and Democracy. Divulging this to public will undermine the freedom of this
country and expose our National Security. Giving due respect and consideration
to those who work hard for our National Security simply means we love our
Country.
One
of the main roles of this bill is to promote Openness and Transparency in Government
Agencies as stated in Section 9. In this
section, it states the right of public to access government transactions. In this manner this will form as check and
balance. Every Filipino will be able to have freedom in knowing every
government transactions. The greater good for this is it will prevent
corruption since all transactions are made public. Unpublished transactions
that should be legally published means that there are shades of corruption
directly or indirectly. The public will be the deterrent factor in the
commission corruption since all transactions are known to the public and
queries and criticisms may be published for unsatisfactorily executed public
projects. On the other hand, positive reactions and praises may be gained by
satisfactorily accomplished and published Government projects. The role of this bill as a check and balance
will be maximized with the utilization of Responsible Media. They will play very
important role in making all Government Transactions readily available to the
public.
In
order for the public to fully understand this “Freedom of Information Bill”, it
should be incorporated in our education system as stated in Section 25 the
bill which is- “To ensure a well- that
generations of citizens, the right to information , the principles of
accountability and transparency , democracy and leadership, and good governance
shall be integrated in such subjects as Heyograpia, Kasaysayan at Sibika (
HEKASI) and Araling Panlipunan in the elementary level and in such subjects as
Social Studies and Makabayan or its equivalent subjects in high school level.
The Department of Education in coordination with the Civil Service Commission
and other relevant offices shall prepare the necessary modules and teaching
programs consistent with the objectives of this Act”. This provision of the Act will ensure
that generations of Filipinos will be able to understand and fully be aware of
the bill. As the saying goes “ The Best Way to inform is through Education”.
As
a general rule, laws should be fair and should be able to protect the rights of
every person. There are provisions in the act that provides protection of
privacy. In Section 10 of the Bill it states that “ While providing for access to information in public records, this Act
also affords full protection of the right to privacy of individuals, as
follows: a) A government agency must
ensure that personal information in its custody or under its control is
disclosed only as permitted in this Act;
b) A government agency must
protect personal information in its custody or under its control by making
reasonable security arrangements against such risks as unauthorized access,
collections, use, disclosure , or disposal: c) An employee , officer or
director of a government agency who has access , whether authorized or
unauthorized , to personal information in the custody of the agency, must not
disclose that information except as authorized by this act”. It
shall be known to that there entire are only certain personal documents of
government officials with their level of positions that are covered in the
provisions of this Act. Not all personal information can be accessed and this
is in respect to the right of each individual to protect his/her privacy. This is a very important aspect of the Act
that the general public should know. It will be fair and just that public officials
working for the Freedom and Sovereignty of our Country should also be protected
in this Act.
As a public servant,
I view this Act as a milestone in the check and balance system of our
Government. I’m not saying that the existing systems of Check and Balance in
the Government are not working. What i would like to emphasize is this Act is
an external Check and balance. The existing ones are all internal and not
stakeholder based check and balance. In this Act, the public was given a chance
to see government transactions and on the other end they can air their feedback
on each of our Government transactions. This feedback might not be part of the
every Government System of transactions but it will help greatly in evaluating
the effectiveness of every Government Project.
To some, this Act will prevent corruption in Government and it will
enhance transparency but for us Public servants this will enhance our Service
through the feedbacks that we receive from the public. To some this might be a
window to exploit others. Let us not allow this Act to be an avenue to exploit
others, as well as to enforce power and advantage to others. Respect and restraint should still reign in
the midst of the implementation of this Act. Privacy stated in the provisions
of this Act as well as exceptions should be respected.
Being
in the Armed Forces of the Philippines, we were taught to treat documents with
secrecy and confidentiality in order to protect our National Security and
preserve our National Sovereignty. With the enactment of “People’s Freedom of
Information Act of 2013” or commonly known as “Freedom of Information Bill”, I
was not receptive at first. As I went through it, I fully appreciated the Act
because my apprehensions regarding matters of National Security and our
Sovereignty were addressed. It is by then that I promoted this Act for everyone
to read and be fully aware. Let us not look at its Title alone but read and
understand its content. The Title might be deceiving but the contents are
comprehensive.
In
closing, it is worth to know our rights to information and our responsibilities
to protect some information too. Fellow
Filipinos should be aware that we were given rights and privileges through
enactment of laws but we should not forget that in these laws where our rights
are specified, there are corresponding responsibilities that we should be aware
too. Freedom doesn’t mean we are free to suppress our Countries Freedom.
Freedom was given for us to protect our own beloved Philippine’s hard earned
Freedom.
REFERENCES:
- Senate Bill 1733
- www.gov.ph//foi - Freedom of information Bill