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By Edg Adrian A. Eva, Correspondent
The Philippines requires an Electronic Freedom of Information (EFOI) statute to guarantee improved access to government information, as research indicated that the public’s ability to access such data online continues to be a challenge, according to specialists on Friday.
Oliver Xavier A. Reyes, a previous head of judicial staff at the Supreme Court, stated that Executive Order No. 2, which was issued in 2016 and has been implementing the existing FOI framework, is restricted by numerous exceptions that hinder the public’s access to governmental records.
“Kung magkaroon ng panibagong EFOI, ang ibang mga exceptions dito ay dapat hindi na current, hindi na applicable sa ngayon, at puwedeng tanggalin na [If a new EFOI is enacted, some of the exceptions should not be current anymore, should no longer be applicable today, and might be removed],” Mr. Reyes remarked during the press conference presenting the findings of the Data for Development in South and Southeast Asia (D4D) report.
The D4DHub report revealed that although the Philippine Constitution assures the right to information regarding public affairs, actual access to this information online remains a challenge.
The report was grounded on a comprehensive review and analysis of laws, policies, and initiatives that influence data governance practices in South and Southeast Asia, including the Philippines.
Mr. Reyes cited the Statement of Assets, Liabilities, and Net Worth (SALN) as a case in point, highlighting that requests are still handled manually and have become increasingly stringent due to a memorandum issued by the Ombudsman in 2020.
He elaborated that if the government were more proactive in simplifying the requirements, SALNs of officials could feasibly be made available online.
The EFOI would also deliver a more definitive guideline on what categories of information the government might justifiably deny, Mr. Reyes noted, pointing out numerous instances of ungrounded rejections under the existing FOI portal.
He remarked that the measure should set clearer regulations concerning potential infractions related to the unjustified withholding of information.
“So what occurs is that even a judge required to rule on a freedom of information case lacks comprehensive guidelines,” Mr. Reyes mentioned.
“The lack of an EFOI law is one of our insights that is constraining freedom or transparency of information.”
Jose Jesus M. Disini Jr., an associate professor at the University of the Philippines College of Law, informed BusinessWorld that alongside contemplating the passage of the EFOI statute, the government needs to consider the costs and sustainability of providing public access to information.
“What the government can implement, and what it excels at, is facilitating data availability through regulation,” Mr. Disini stated in an interview on the sidelines of the press conference.
“In essence, the government provides this data in a specific format — akin to open data, for instance, the Open Data Initiative,” he continued.
Mr. Disini also mentioned that the government should collaborate with third parties, such as the private sector, to assist in maintaining the potential portal once the EFOI is established.
In July, a Philippine legislator introduced a Freedom of Information (FOI) bill mandated full transparency of the SALN for all officials across every branch of government.
The Senate Bill No. 723 also necessitates agencies to publish annual budgets, itemized collections and expenditures, procurement plans, plantilla positions and vacancies, as well as details concerning loans, bids, and contracts. It further requires the timely updating of such records on agency websites.
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