SUSTAINABLE DEVELOPMENT OF DEMOCRACY

THROUGH FREEDOM OF INFORMATION LAW

BY

CATRIONA JANELLE V. GAYATIN

THESIS

Submitted in partial fulfillment of the requirements

for the degree of Bachelor of Science in Legal Management

in San Beda College Alabang

ABSTRACT

Freedom of Information is a part of the rights of the citizen in a certain state to be fully
informed of government transactions such as government-held documents. Through Freedom of
Information, it will strengthen democratic governance and will allow the citizens to effectively
promote public policy. The transparency of a certain government will allow the citizens to be
civilized and will be able to participate actively in terms of government issues. This thesis will
show that the right to information regarding our government is generally accepted and is part of
human rights law. And that the absence of its practice or of its implementation where there is
such law would create a gap between the citizens and the public officials of the Philippines. The
absence of which, may constitute a hindrance to our democratic development and good
governance.

This thesis will discuss that Freedom of Information is part of international laws of
human rights which is generally accepted in our country and that implementation of the proposed
People’s Ownership of Government Information Bill must be passed to enhance the transparency
of the government so that its citizen will actively engage in public life. And that information to
citizens is a form of power sharing between citizens and officials which will lead to sustainable
development of democracy where such officials are in authority because of its citizens.
Moreover, the gap between the government and its citizens will be cured.
INTRODUCTION

Freedom of Information is the foundation of democracy. Freedom of Information from

the government officials to their citizen is a form of serving and protecting the people in a state.
It secures individual rights and freedom that will promote development of democracy. Citizens
that are well-informed can make right decisions in choosing the government officials during
elections. Allowing people to have access to information gives them an understanding of its
government and its doing. The availability of information to its citizens is a benefit to those who
are in question of the law and happenings in their government. It opens door for civil society and
a stable development of democracy. The right to information has a clear-cut basis to international
laws which are accepted by certain countries. Also, it has no constitutional provisions which may
bar such Freedom of Information Act. Implementation of such law may be a struggle for it is a
shared-power of the government official and to its people but the active participation of the
citizen demands fast implementation of the law.
The aim of this thesis is to show issues and facts that will support that the public has
legitimate interest to be informed about the activities of their government and through it there
will be sustainable development of democracy. On the other hand, the government may still
remain a secrecy level under certain circumstances which are allowed in accordance with the
law. That Freedom of Information Law will cure the gap between government officials and its
people. Freedom of Information is power not only to the people but also to those in authority
where there can be control among the citizens through manipulation of data. However, there
should be free access to information unless there are reasons as to its security in withholding
such information. Information from public officials will not only benefit them but also the public
as a whole. Moreover, free access to information is the key to transparent government. It will
enable citizen to see and be informed of what is going on within the government in terms of
mismanagement, corruption and even misappropriation of public funds. Transparency of the
government is also essential, if people will be informed and if the government is open to its
citizen then they can make better decisions in voting public officials and use their democratic
rights effectively.
Freely access to information is a fundamental right and must be held as bedrock of
democracy. Absence of which may allow government to do acts with impunity. Thus, making
this thesis will allow people to know their public right and to be informed of the restrictions
accepted by law as to the security of certain information. Making our democracy stable through
the freedom of information law.
Freedom of Information
On January 1,1987, the 1987 Philippine Constitution was enacted.
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The right to information is recognized in Article 2, Section 7 and Section 28:“The right of the
people to information on matters of public concern shall be recognized. Access to official
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, shall be afforded the
citizen, subject to limitations as may be provided by law.”

On October 24, 1987, the first Right to Information Bill (House Bill 498) was filed in Congress
by then late 2nd District Camarines Sur Rep. Raul Roco.

“FOI Act of 1992” Rep. Oscar Orbos files House Bill (HB) 1805 or the “Freedom of
Information Act of 1992” which mandates government officials “to provide access WITHIN 15
WORKING DAYS from receipt of (a request for) information.” It also directs the Supreme
Court to “publish the rules prescribing the procedures, periods and pleadings, as well as courts to
which appeals may be made.”

January 1, 1993, the Freedom Of Information bill advocacy groups are organized.

January 1, 1988 to January 1, 2001, during the 11th Congress, a right to information bill passes
third reading in the House of Representatives, but without a counterpart bill in the Senate.

August 25, 1998, House Bill 2284was filed in Congress by Rep. Harlin Abayon or the
“Freedom of Access to Information Act.”

August 26, 1999, House Bill 8194 was filed in Congress by Rep. Jose Apolinario Lozada, Jr.
files or the “Freedom of Information Act of 1999”.

January 1, 2004, six Freedom of Information bills was filed in Congress before the House
Committee on Public Information, including a committee report.

June 30, 2004, Senate Bill 1112 was filed in Congress by Sen. Franklin Drilon files or the
“Freedom of Information (FOI) Act of 2004” in the 13th Congress.

January 1, 2005, Four Freedom Of Information House bills was filed in Congress to give life to
the constitutional provision on the right to information: House Bill 784, filed by Rep. Harlin
Cast. Abayon (1st District, Northern Samar), House Bill 2123, principally authored by Rep.
Satur Ocampo (Party List, Bayan Muna), House Bill 2993 by Rep. Emmanuel Joel Villanueva
(Party List, CIBAC), House Bill 3041 by Rep. Ernesto “Ernie” Pablo (Party List, CIBAC).
January 1, 2006, Civil society groups urge passage of the Freedom of Access to Information Act
of 2006 sponsored by nine representatives. Its working title is “Implementing the right of access
to information on matters of public concern guaranteed under Section 7, Article III of the 1987
Constitution and for other purposes.”

April 1, 2008, House Speaker Prospero Nograles urges the House to discuss the Freedom Of
Information bill or House Bill 3732. House Bill 3732, “An Act Implementing the Right of
Access to Information on Matters of Public Concern Guaranteed Under Section 28, Article II
and Section 7, Article III of the 1987 Constitution and for Other Purposes,” was a substitute for
bills 194, 997, 1665, 2021, 2059, 2176, 2223, 2293 and 3116, which had previously been
referred to the committee on public information for deliberation.

April 2, 2008, Nograles declares in a public statement that “ When there is full public disclosure
of all government transactions involving public interest, subject to limitations under the proposed
Act, the people will have full confidence and trust in their public officials and therefore there
will be effective governance.”

April 18, 2008, House committee report on Freedom Of Information is released.

April 30, 2008, HB 3732 passes 2nd reading in the House of Representatives (HOR).

May 6, 2008, The House of Representatives (HOR) deliberates on House Bill 3732.

May 12, 2008, The House Of Representative approves Freedom Of Information bill, with 197
out of 220 representatives voting in favor of the bill.

May 27, 2009, Two committee hearings are held in the Senate on its version of an Freedom Of
Information bill; a committee report is then finalized.

June 3, 2009, The Senate Committee on Public Information and Mass Media files Senate Bill
3308, or the "Freedom of Information Act of 2009," under Committee Report 534.

August 27, 2009, An FOI bill is sponsored in the Senate plenary.

December 7, 2009, Senate passes the FOI bill on second reading.

December 14, 2009, Senate approves the FOI bill on its third and final reading.

December 17, 2009, The Senate receives the FOI bill approved by the House Of
Representatives.

January 18, 2010, The Bicameral conference committee on the FOI bill convenes as Congress
resumes session after the Christmas break.

January 20, 2010, The bicameral conference committee reconciles conflicting revisions in the
Senate and the House versions of the FOI bill.
February 1, 2010, The Senate approves the FOI bill.

February 3, 2010, The House of Representatives fails to approve FOI bill due to lack of quorum.
Congress goes into recess in preparation for the May 2010 elections.

May 6, 2010, Then presidential frontrunner Benigno Aquino III said the FOI bill will be one of
the priority bills of his administration.

May 24, 2010, Congress resumes session to canvass the votes, and commits to tackle the FOI bill
on May 31.

May 31, 2010, House Of Representatives holds a separate session, but is not able to tackle the
FOI bill as Nograles suspends it immediately. Microphones are turned off on the plenary hall
while representatives are trying to make a motion to be recognized.

June 4, 2010, HOR suspends the national canvassing of May 2010 votes to tackle pending
legislative measures. Rep. Bienvenido Abante moves for the approval of the bill but Rep.
Romualdo objects, citing lack of quorum. The HOR adjourns sine die.

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Center For Media Freedom and Responsibility (http://www.cmfr-phil.org/freedom-of-information)