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Rep. Erico "Aris" C. Aumentado
2nd District Representative, Bohol |
By JUNE S. BLANCO
QUEZON
CITY – The Freedom of Information (FOI) BillI is very much alive.
Rep. Erico
Aumentado (Bohol, 2nd District), took exception to the editorial of the
Philippine Daily Inquirer (PDI) and the commentary of Ma. Ceres Doyo on the
alleged murder of the FOI in its November 14 issue. He said the editorial and
the commentary do not speak well of the Lower House and of the Aquino
administration.
While
Aumentado accedes that the attack of the PDI editorial and the Doyo column are
not without basis, he insists that “there is a cogent necessity to pass the
bill to support the Aquino administration’s mantra for transparency,
accountability and his righteous path or daang matuwid of governance.”
He said
the FOI bill is anchored on Section 7, Article III, the Bill of Rights of the
Philippine Constitution that says: 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 such limitations as may
be provided by law.
The Bohol
solon said even the Supreme Court relies on that provision in its rulings.
He said
the new constitution now expressly recognizes that the people are entitled to
information on matters of public concern and thus are expressly granted access
to official records, as well as documents of official acts, or transactions, or
decisions, subject to such limitations imposed by law.
The
incorporation of this right in the Constitution is a recognition of the
fundamental role of free exchange of information in a democracy, he explained.
There can be no realistic perception by the public of the nation’s problems,
nor a meaningful democratic decision-making if they are denied access to
information of general interest. Information is needed to enable the members of
society to cope with the exigencies of the times, he said.
Maintaining
the flow of such information depends on protection for both its acquisition and
its dissemination since, if either process is interrupted, the flow inevitably
ceases, he added. However, restrictions on access to certain records may be
imposed by law. Thus, access restrictions imposed to control insurrection have
been permitted upon a showing of immediate and impending danger that renders
ordinary means of control inadequate to maintain order, he explained.
Above all
the FOI bill – once enacted into law – will become a single, strong and vital
deterrent force against graft and corruption which goes into the heart of
President Aquino’s winning tagline: Kung Walang Kurap, Walang Mahirap.
The FOI
bill problem came about when his Nueva Ecija colleague insisted to insert a
provision on the right of reply in the freedom of information measure tackled
by the Committee on Public Information.
Aumentado
said the proponent wants to ensure that those being maligned or attacked in
media must have the same opportunity to defend himself. It is a highly
reasonable ground in terms of practical consideration; and perhaps in a
restricted sense, as an adjunct of the freedom of expression.
But the
eminent constitutionalist, Fr. Joaquin J. Bernas, in his column, Sounding
Board, also in the PDI, said should the right of reply become part of the FOI
Bill or of the cybercrime law, it will be a good issue to take up as speech and
not just as illicit taking of property.
However,
the advocates of the right to reply are not without recourse. For the
Journalists Code of Ethics formulated by the Philippine Press Institute (PPI)
and the National Press Club (NPC) in Section 1reminds practitioners to
scrupulously report and interpret the news, taking care not to suppress
essential facts or to distort the truth by omission or improper emphasis.
In the
same vein, the 2007 Broadcast Code of the Philippines provides adequate
safeguards for the right to reply. In Article II, Analysis and Commentaries,
Section 6 thereof provides however hostingpposing or contrasting sides of
public issues should be fairly presented.
It is
therefore clear, the Bohol solon said, that the right of reply is being
enshrined in the Journalists Code of Ethics for print media with the PPI and
NPC as the enforcers, and the 2007 Broadcast Code of the Philippines with the
Kapisanan ng mga Brodkaster ng Pilipinas as the implementing arm for broadcast
journalism..
Both the
print and broadcast media codes provide sanctions and penalties like the FOI
bill, for violators to suffer after the right to due process is satisfied.
To balance
the equation, the government must discipline its ranks in the enforcement of
the freedom of information, if enacted into law; while media must see to it
that the code of conduct for journalists, whether in print or broadcast media,
must likewise be enforced without fear or favour, Aumentado said.
This way,
the freedom of expression – as the quintessence of a vibrant democracy – can
flower and grow more expansively under a condition where the government and
media industry could work together to strengthen the foundation of a
transparent, accountable and righteous governance, that has earned the trust of
the Filipino people and the global community as well, he added. --- END
Links:
- Bohol Times newspaper --- [link]
