THE Judicial and Bar Council (JBC) was purposely created by the 1987 Constitution to depoliticize and to open up to the citizens the screening of nominees and appointments to the judiciary.
To achieve this, Associate Professor Dante B. Gatmaytan of the University of the Philippines College of Law says the JBC should have looked with favor at full transparency – in the conduct of its processes and in the handling of all its records – as both premise and armor of its grave mandate.
TIME and getting thrown into the other side of the fence can change one’s perspectives somewhat.
Less than a year ago, Manuel L. Quezon III was a columnist and television analyst. Although he had worked earlier as a consultant for the presidential museum, there was no doubt where his heart lay when it came to the Freedom of Information Act.
WHEN THE 15th Congress opened last June, there seemed to be renewed energy toward passing the Freedom of Information (FOI) Act, which had floundered in the legislature’s previous incarnation, just when transparency advocates had thought it was about to be ratified.
In the House of Representatives, Quezon representative Lorenzo ‘Erin’ Tañada III, a staunch FOI advocate and a member of the Liberal Party, convened a technical working group to jumpstart the process. At the other end of the metropolis, the Senate committee on public information, chaired by Senator Gregorio Honasan, held a hearing to discuss the bill.
But the momentum to pass the measure has since fizzled and the Aquino administration’s flip-flop on the bill appears to be the main cause of the lack of legislative activity on it.
DRIFT and confusion. Some pockets of transparency but most everywhere, a predilection for opaqueness and more barriers to access in place. This is the access to information regime that lingers in the Philippines nearly a year after Benigno Simeon C. Aquino III came to power on a “Social Contract with the Filipino People,” which he said would be defined by transparency, accountability, and good governance.
But a seven-month PCIJ audit of how 27 national agencies deal with access to information requests shows spotty proof of Aquino’s recipe for good governance in the processes and practices of these agencies. While a few stand out as exemplars of transparency, the majority remain stuck in the old ways of opaque government, with some even sliding back into darker corners.
A CLEAR, working system – with specific procedures and dedicated staff personnel – triggers quick, correct, and complete action by some government agencies on access to information requests.
But the absence of such a system in most other agencies, as well as the lack of fully defined rules and procedures that all agencies must observe in responding to requests, remain barriers to access.
THE 15th Congress must adopt, refile and pass with dispatch the version of the Freedom of Information (FOI) Act that was aborted in the 14th Congress because of the feigned absence of a quorum on the last session day of the House of Representatives last June 4.
In a statement, the Right to Know Right Now! Coalition of over 160 civil society groups and leaders said, “the new senators and congressmen may do well not to repeat the processes so they can save valuable time and even more valuable taxpayers’ money.”
FOUR MORE members of the House of Representatives yesterday said they were among those wrongly named as absent — according to a list provided by Speaker Prospero Nograles to the media – during the roll call at the Session Hall last Friday, June 4, when the ratification of the Freedom of Information Act was scuttled for supposed lack of a quorum.
The four bring to eight the number of lawmakers erroneously tagged as not physically present during the roll call.
The eight bring to 136 – one more than the 135 threshold for a quorum in the 269-member House – the number of lawmakers that was needed to constitute a quorum and act on the motion to ratify the FOI bicameral conference committee report.
House Majority Leader Arthur Defensor motions to ratify the Freedom of Information Act, which was objected to by Camiguin representative Pedro Romualdo. Romualdo is prepared to be ‘condemned’ for blocking the passage of the proposed legislation as he questioned the lack of quorum in the chamber ‘as a matter of principle’.
OUT OF the last 14 years, lawyer Prospero Castillo Nograles spent 12 years as congressman of the first district of Davao City for five terms, and the last 27 months as Speaker of the House of Representatives of the 14th Congress.
A leader of the 12th and 13th Congresses as well, Nograles by 2008 authored 17 House bills and co-authored 86. He also helped pass laws, including the Rent Control Law, which limits increases in rentals, and the Anti-Money Laundering Act.
© 1989–2019 All rights reserved. Philippine Center for Investigative Journalism.