Why we need an FOI Act
Art by Manix Abrera
By Karol Ilagan
IN 2008, I wrote about PCIJ’s experience in accessing documents on projects funded with official development assistance. I was just in my second month on the job at the time, and hearing stories from senior colleagues about the ways in which public offices dealt with requests for information made me realize how much I had my work cut out for me.
Four years later, I ‘m still writing about the often-frustrating efforts of journalists in trying to obtain state records. The cast of characters and circumstances are not all the same, but the chain of events seems to be very familiar: getting information is still no easy task, even now when there seems to be greater demand – and supposed commitment – for transparency in government.
In truth, some agencies and certain officials have taken it upon themselves to make relevant records public, but this is outweighed by the majority’s reluctance to release documents, and their token compliance with legal provisions favoring the people’s right to information. In my experience, gaps and inconsistencies characterize access to government information primarily because of the absence of standards and procedures that a Freedom of Information (FOI) Act could very well provide.
At present, agencies and offices follow their own system — or at least a semblance of it — of responding to information requests. On a fairly good day, a letter-request may no longer be required from an office that would automatically provide data — i.e., education or health statistics — because these are readily available.
However, on most days, obtaining a document — specifically those pertaining to expenditures, contracts, or the use of taxpayer’s money — would require sending a letter to, say, a bureau director who will forward it to the head of office who would in turn refer the request back to the director because he has the papers being requested. There is no guarantee that the request will be approved, or if complete documents will be released.
In the case of some local government units, letters must be addressed to the mayor because he has the sole authority to approve or deny all requests for information. The problem is, the mayor is seldom in the office.
In the process, I have also had many letters misplaced by employees. I have been given not just one wrong referral, and some of the follow-ups I’ve made simply ignored. The outcome: multiple requests, numerous phone calls, inordinate delay, and confusion.
And then there are those agencies and officials who would flatly deny requests because of the supposedly “confidential” nature of certain documents.
No guarantees
On the other hand, having specific guidelines on the release of records doesn’t necessarily follow that access would be greater and easier. At times, the very same guidelines pose barriers to the flow of information.
For instance, each custodian of the Statement of Assets, Liabilities, and Net Worth (SALN) of government officials and employees observes his or her own procedures in responding to requests. Filing a SALN request before the Office of the President requires a letter. At the Supreme Court and the Office of the Ombudsman, the requesting party needs to submit documents that he or she may not be able to prepare at once. Plus, requests here need to be subscribed and sworn to before a notary public.
At the Senate, the SALNs of all senators can easily be obtained from the Office of the Senate Secretary as provided by law. In contrast, the Office of the Secretary General at the House of Representatives has been denying PCIJ’s requests for the SALNs of congressmen since 2009. Now, individual requests need to be addressed to each lawmaker pending the release of new guidelines for the release of SALNs.
Different procedures also mean different fees. At the Office of the Ombudsman, reproducing a SALN page costs P2. At the Senate, it’s P3 per page, and at the Office of the President, P5. Meanwhile, the Civil Service Commission charges P30 for a certified true copy of a document. In 2011, it used to charge P200 per SALN, which was later revised because requesting parties found the fee “too high.”
Coping
If journalists whose bread-and-butter involves getting public records on a daily basis find the task daunting, it would even be more challenging for ordinary citizens who may not have the time and resources to keep track of requests. Unfortunately, the FOI bill that would enable citizens in accessing government-held information remains in legislative limbo.
Despite the many difficulties in today’s allegedly transparent regime, journalists have learned to cope. I, for one, have learned about the importance — and effectiveness on occasion — of asserting and reasserting my right to information even if that would elicit some testy comments from government employees. Following the paper trail has also been very helpful when tracking down who else might have a copy of the document I’m after. PCIJ has also exhausted administrative remedies and made appeals before government offices to review their disclosure policies. Most of all, my experience has taught me to value documents even more and handle information with extra care.
Still and all, this should not in any way diminish the value and urgency of an FOI law. If anything, the media’s trying account of accessing information shows how much more it’s needed. After all, it has never been just about securing a document to finish a report and beat a deadline, it’s about the content and the impact it would have on the welfare of citizens.
For instance, reporting about a local development plan would help residents understand a city or a municipality’s priorities and how it intends to spend public resources. Appreciating these types of information would also equip and enable citizens to participate in public consultations.
Disclosing the details of a civil-works project or of an education or health program funded by pork-barrel funds, for example, can help keep constituents informed of the services that they can avail of. At the same time, the information can assist them in monitoring, evaluating, and auditing the projects and programs.
The SALN, meanwhile, is not just a piece of paper, but also a civil servant’s “badge of honor.” Access to SALNs will allow the public to determine if officials are living within their means. It is also prescribed to help deter conflicts of interest and prevent graft and corruption.
Karol Ilagan does research and writes for the Philippine Center for Investigative Journalism. PCIJ is a member of the Right to Know, Right Now! Coalition that supports the passage of the Freedom of Information bill
[…] Read Karol’s essay at the CMFR website here. […]
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