House slammed for killing Freedom of Information bill

MANILA, Philippines - Senators assailed yesterday their colleagues in the House of Representatives for “killing” the Freedom of Information (FOI) Act as they vowed to re-file the bill once lawmakers return next month to open the 15th Congress.

Senate President Juan Ponce Enrile, Majority Leader Juan Miguel Zubiri, and Sen. Alan Peter Cayetano, chairman of the Senate committee on public information and mass media, would revive the bill in the next Congress.

The three senators lamented that the congressmen failed to ratify the Freedom of Information Act because of lack of quorum last Friday.

“Some powerful forces are still out to prevent a constitutional right. It’s disappointing... it could have been of help to the next president in our fight against corruption. Half of the work will be done if we have the FOI, where everyone becomes a graft buster,” said Cayetano, who is the principal author of the FOI bill at the Senate.

Cayetano vowed to spearhead the effort to resurrect the FOI Act in the 15th Congress next month.

Cayetano suspects that President Arroyo and her allies fear the possible repercussions of the approval of the FOI Act, which could pin them down on criminal and administrative liabilities after Mrs. Arroyo’s term ends on June 30.

“The start of the nightmare (for President Arroyo and her allies) starts on June 30, because that is the time when there would be calls for full disclosure, and witnesses might have the courage to come out,” Cayetano said.

Enrile also vowed to sponsor the measure in the next Congress. 

“I will make sure that this will be passed,” said the Senate president after he adjourned the session with a speech that outlined the Senate’s performance during his stint as president.

Cayetano said it is important for the administration of President-apparent Benigno “Noynoy” Aquino III to set the tone in making Mrs. Arroyo accountable for her actions and establish “the atmosphere of protecting whistle-blowers and ordering agencies to release documents, with or without the FOI, not just by members of the media but of everyone.”

Zubiri also joined groups who were disappointed with the developments at the House. 

He said the failure to ratify the FOI Act is a “sad day for democracy and press freedom.”

He said the FOI Act would help everybody in the pursuit of truth and transparency.

“Let me remind those who are opposing the Freedom of Information bill, one day you will be a member of the minority. It is not all the time that you will be member of the administration,” Zubiri said.

Speaker Prospero Nograles clarified yesterday that the failure of the House of Representatives to ratify the FOI Act during its last session day was not a part of any drama or script.

“What script are they talking about? It was in open public transparent session in plenary. That’s a very unfair accusation,” he said, referring to insinuations of FOI advocates that it was all part of a drama to block the passage of a bill pushing for good governance.

As soon as the session opened Friday, Camiguin Rep. Pedro Romualdo, who heads the House committee on good government and public accountability, blocked the ratification of the bill and moved for a roll call, citing the absence of a quorum.

Rep. Joel Villanueva of the Citizens Battle against Corruption said it could have all been a part of a “script” to bury the FOI bill, which Romualdo claimed was not thoroughly scrutinized.

A brief commotion ensued after the adjournment was announced when House security personnel dragged some protesters in the gallery out of the session hall. FOI advocates and lobbyists, bearing small placards, had been shouting “Ratify FOI! Ratify FOI!”

“There was nothing malicious. The truth is that I am the most frustrated person out there because I pushed for that bill. It would have never seen the light of day had I not been its main shepherd,” Nograles said.

Malou Mangahas, director of the Philippine Center for Investigative Journalism who had been lobbying for the FOI bill’s ratification, said there was really no intent on the part of the House leadership to make good its promise.

“They can pass bills even if only 20 congressmen are present, just like the budget bill. Why can’t they do it now? It will only take a few minutes... I think they are just scared,” she told newsmen.

Bayan Muna Rep. Teddy Casiño said the failure to ratify the FOI bill is a disgrace to Congress but is a fitting end to a Congress that, for the last three years, has “zealously protected Mrs. Arroyo and her minions from being held accountable for their crimes against the people.”

“It was obvious from the start that the House leadership and Malacañang frowned upon the FOI bill because they feared it would be used to hold them accountable for their corruption,” Casiño said.

The House adjourned Friday after failing to muster a quorum, as only 128 House members showed up - seven votes shy of the required 135 warm bodies that would have paved the way for the regular order of business to resume.

Reps. Ben Abante, Lorenzo “Erin” Tanada and Walden Bello told reporters during the weekly Kapihan sa Sulo Hotel in Quezon City that the allies of Mrs. Arroyo, led by Nograles, adopted a two-pronged strategy to derail the passage of the bill.

Should there be a quorum, the bill would be subjected to a debate and the second option was to question the quorum and then order the adjournment of Congress.

Abante, sponsor of the bill, said prior to the deliberation of the bill for ratification, Nograles and Majority Leader Art Defensor handed him a prepared manifestation that provided that the FOI bill would not cover the Arroyo administration.

Tañada said the re-filing of the FOI would be one of his priorities when the 15th Congress convenes in July and that he would personally asked Aquino to certify the measure as urgent.

“I will request that the bill be one of the urgent measures of the new administration,” he said.

Palace blames House

Deputy presidential spokesman Rogelio Peyuan said the House and not Malacañang should be blamed for the non-ratification of the FOI bill.

Peyuan took exception to the allegations that the Palace was to blame for the failure to ratify the bill, which was widely anticipated by the media industry and the international community.

He told Radyo ng Bayan that there was no basis to the accusations since the Palace is just as disappointed as the supporters of the bill.

“Malacañang was not responsible for the lack of quorum in the House of Representatives, which is a co-equal branch of government that cannot be dictated upon by the Palace,” Peyuan said in Filipino.

Caloocan Bishop Deogracias Iñiguez said the public should look into why there was no quorum in Congress last Friday.

“This is the angle that we should look into, why was there a shortage of congressmen when they were about to ratify the FOI bill,” he said.

Iniguez said the Catholic Bishops’ Conference of the Philippines supports the passage of the bill.

Meanwhile, Froilan Bacungan, former dean of the UP Law School, said the next president could issue an executive order to give public access to official government documents.

Bacungan, who also served as a commissioner of the Commission on Elections from 1984 to 1986, said there would be access to information if the incumbent president really wants transparency in his or her administration. - The Central Mindanao police command based in nearby General Santos City has awarded a rookie policewoman in North Cotabato for her courage when she protected the equipment and personnel of the Commission on Elections (Comelec) during a firefight among armed supporters of mayoral bets in Pikit town last May 10.