all you want

1. Serious About Fighting Corruption? So Pass FOI Bill
We have had a Rightto Information bill languishing in the legislative mill now for more than a decade; we have a new
presidentvociferous in his claims thathis administration stands for greater transparencyand accountability – and yet
it is Mongolia not the Philippines thatlastmonth joined the ever-growing list of countries to have passed such a law.
Whichever way we try and gloss over it,a governmentthatdoes notprioritize such an act cannotin all honestybe seen
as being fully committed to the cause of transparency and accountability.
Excuses for delay can always found by those seeking them.
“We are very pleased that Mongolia has now joined the nearly 90 countries across the world that provides legal
protection for the right to information. The adoption of the Law on Information and Transparency and Freedom of
Information is an importantmilestone for enhancing public participation and governmenttransparencyin Mongolia” -
so said Agnes Callamard, Executive Director of Article 19, in a press statement issued on June 16 from the capital
Ulan Bator.
Article 19 is an independenthuman rights organization thatworks globallyto promote and protect the right to freedom
of expression as enshrined in the UN’s Declaration of Human Rights.
Mongolia is of course bordered by Russia to the north and China to the south and east – neither of whom are known
much for their commitmentto freedom ofspeech.Its recenthistoryowes much to the politics and policies ofthe Former
Soviet Union.
So what is happening given Mongolia has overtaken Asia’s oldest democracy in passing such a law? When, we are
left wondering, will Article 19 arrive in the Philippines to say the same thing here?
The sad fact is surely that despite the oft-stated commitmentmade to getting serious aboutcombating corruption and
delivering better governance – the chances of actually doing are actually being undercut and undermined by its
irresolute approach to the Freedom of Information Bill.
Rep. Lorenzo Tanada III, deputy speaker of the House of Representatives has rightly said that a year is more than
enough time for the Executive Office to study the bill “considering its very long legislative history.”
Speaking before journalists lastmonth atthe annual assemblyofthe Philippine Press Institute (PPI),Tanada,a Liberal
Party stalwartand one ofthe prime movers ofthe bill in the 14th
Congress,said“Iam hoping thatthis process concludes
at the soonest,with a clear signal from the no less than the ChiefExecutive thatthis measure is welcomeand is needed
by the present administration”
He added:“Iwish to emphasize:failure ofthis administration to pass the Freedom ofInformation billinto law willweaken
its anti-corruption drive.”
Research conducted by the Hertie School of Governance in Germany showed clear improvements in controlling
corruption over a period of time when Right to Information Acts are adopted.

2. Nepomuceno Malaluan, a lawyer who has been indefatigably leading the campaign for the passage of a Freedom of
Information bill as convenor of the Right to Know, RightNow Movement, said that if the FOI bill becomes law then “it
will empower citizens to more directly look into governmenttransactions atall levels,be it national agencies,GOCCs,
or local governments.”
He said “we also expect the FOI law to immediatelyprovide a deterrentto corruption – the knowledge that documents
and records of governmenttransactions are accessible to the public would make governmentofficials and employees
extra careful in the performance of their duties.”
Rightto information advocates have been waiting for a clear signal from PresidentBenigno“Noynoy” Aquino abouthis
administration’s support for a Freedom of Information law that will lend credence to his avowed anti -corruption
agenda. One year into his presidency, FOI has so far not figured in his priorities.
In the 14th
Congress,Aquino,who was then a member ofthe Senate, was one those who signed the FOI bill. During
the presidential campaign lastyear,Aquino also pledgedto uphold the people’s rightto informationthrough transparent
and accountable governance.
Said Malaluan: “Passage of the bill will give the current government credibility and (moral) high ground in its anti -
corruption drive: In contrast, failure to pass the bill exposes its anti-corruption stance as mere rhetoric; it betrays the
trust that the people gave it in the last elections.”
The State of the Nation Address would be a good time to stand up and commit the administration to ensure its
passing: It is as much in its own interests as itis in the people’s.Philippine Public Transparency Reporting Project

3. Keywords:policyreforms,qualityof publicservices,Philippines
I. DevelopmentChallenges
The AquinoIIIadministrationtookoffice atthe time whencorruptionwasperceivedtohave
underminedthe economyandthe credibilityof the country(http://www.gov.ph/aquino-
administration/good-governance-and-anti-corruption/). The Presidentbelievedthatthe nationneeded
transformational change andavisionof governance beyondpolitical survival andself-enrichment
(http://www.gov.ph/about/gov/exec/bsaiii/platform-of-government/).
Paperpresentedatthe 2015 KoreanAssociationof PublicAdministrationInternational Conference on
“What is the Essence of ‘GoodPublicAdministration’?”heldatSangmyungUniversityHannurikwan,
Cheonan,Koreaon16-18 July2015. 2 Maria Fe Villamejor-MendozaisProfessorandDeanof the
National College of PublicAdministrationandGovernance,Universityof the Philippines(UP) Diliman.
She was formerlyVice ChancellorforAcademicAffairs(2010-2013) of the UP OpenUniversity. She isa
Doctor of PublicAdministrationandspecializesinpublicpolicy,regulatorygovernance,publicsector
reform,governance of the governmentcorporate sector,curbingcorruptionandimprovingtrustinthe
publicsector.
Turningthese challengesasopportunitiestochange mindsetsandsystems,the administrationinstituted
a comprehensivesetof policyreformsandgoodgovernance initiativesthataspirestoengendera
culture of integrity,accountabilityandtransparencyinthe country.ThiswasanchoredonAquinoIII’s
campaignsloganof “tuwidna daan” (literallytranslatedas“the straightpath”) arguingthat “kung
walangcorrupt,walangmahirap”(, i.e.,“if there isnocorruption,there are nopoor”).Recently,such
strategyseemstohave bore fruits.The Philippineshasbeenamongthe dynamicallyemergingmarkets
inthe regionwithitssoundeconomicfundamentalsandhighlyskilledworkforce.Growthinthe
Philippinesisonaverage about5% since 2002, significantlyhigherthanthe rate achievedinthe previous
twodecades(http://www.worldbank.org/en/country/philippines/overview).Amidglobal uncertainties
and a stringof calamitiesthathitthe countrythat includedtyphoonHaiyan(Yolanda),the economy
posted7.2% GDP growthin 2013, drivenbythe robust servicesandindustrysector,andboostedby
stronghouseholdconsumptionandgovernmentspending.Growthmomentumwasmaintainedat6% in
the firsthalf of 2014, and remainedone of the fastestinEast Asiaregion,surpassedonlybyChina(7.4%)
and Malaysia(6.3%) (Ibid) While the countryismakingheadwayinthe economicfront,inclusivegrowth
isnot yetfeltbymany of the Filipinosinthe bottomof the pyramid.Also,some 25% of our populationis
still poor(Philippine Statistical Authority2014). Thusthe Philippine governmentneedstointensify
effortsinreducingpoverty,achievinguniversal primaryeducationandinimprovingchildandmaternal
health.Italsoneedstoaddressthe lack of good jobs amonglow- income earners,especiallythose from
rural areawhere manypoor people reside
(http//www.worldbank.org/en/country/philippines/overview).Ithasalsoto deliverpublicservicestoits
growingpopulationnotonlyefficientlyandeffectively,but alsosatisfactorilybetterinthe new normsof
goodpublicadministrationandgovernance.Thesechallengeshave beenapproachedbasedonthe
AquinoIII’sphilosophyof “goodgovernance isgoodeconomics”,whichasearliermentioned,is
anchoredon hiscampaignsloganof “kung walangcorrupt…walangmahirap.”(Fig.1).Literally,this
means,“if there isno corruption,there are nopoor.” ThisbasicallysummarizeshisSocial Contractwith
the Filipinopeople,whichsubscribe togoodgovernance andanti-corruptionasprerequisitestoinclusive

4. growthand povertyalleviationandall the progressive collateralsof development,e.g.,lastingpeace and
the rule of law,integrityof the environment.A Governance Clusterwithinthe Cabinetwasalsoformed
in2011 underE.O. 43, whichwastaskedto pursue the following:
1. Upholdingtransparencyingovernmenttransactionsandcommitmenttocombatinggraftand
corruption
2. Strengtheningof the capacityof governmentinstitutionstolinktheirrespective budgets with
performance outcomesandenablingcitizensandcivil societytomonitorandevaluate these
3. A professional,motivated,andenergizedbureaucracywithadequate meanstoperformtheirpublic
service missions
4. Improvementof publicsectorassetandresource managementandrevenue performance
5. Establishinganimprovedpolicyandregulatoryenvironmentthatwill reducethe costof doing
businessin the countryandimprove competition(E.O.43 s 2011).
Thisgovernance frameworkfocusesonqualityservice deliveryandgoodpublicadministration.
Significantlydrivenbytwobroadfactors:publicsectorinefficiencies(corruptionandlow credibility) in
the past, andliberal economicideology,New PublicManagement,e-governance andNew Public
Service,these reformshave emphasizedpublicservicethatishighinquality,efficient,continually
improvingandresponsive tothe needsof the people andprovidedinamannerthatis transparent,
accountable,participatoryandpredictable,intermsof the applicationof the rule of law.
Transparency
Curbed- fight back, control,
Outcome- consequence
1. Regular disclosure (the action of making new or secret information known). of
information on official acts and services
a. Mandatory Disclosure (secret information known) by National
Government Agencies of budget information. Improve National Government
Agency compliance with the National Budget provision on budget transparency,
specifically the posting of approved budgets, fund utilization status and awarded
bids on their websites, to 100% by June 2012. An index to measure agency
compliance shall be developed by March.
b. Full Disclosure by Local Government Units (LGUs) of their budgets and
finances, bids and public offerings. The target is to monitor 100% of LGUs
annually, and to improve LGU compliance with the full disclosure policy to 100%
by 2016.

5. c. Philippine Government Electronic Procurement System. The system
will be enhanced and expanded, to include modules for online bids submission,
citizen monitoring, electronic fee payment and posting of agency Annual
Procurement Plans by 2012.
d. Electronic Transparency and Accountability Initiative for Lump sum
Funds. This initiative supports the disclosure of lump sum fund release
information on the DBM website. it currently
discloses PDAF releases of legislators. Coverage will be expanded
to include the School Building Fund and the Internal Revenue Allotment in 2012.
e. Anti-Red Tape. The compliance of national government offices and
LGUs (local government units) with the requirements of the Anti-Red Tape Act
will be monitored annually. For 2012, all national government departments
should have published their Citizen Charters.
2. Availability of mechanisms for public access to information
a. Single Portal for Government Information. The Official Gazette website
willbe converted into the main information portal of the Philippine Government—
a unified interface that will serve as a one stop source for information and service
delivery. It will be expanded to comprehensively contain information on
government agencies andthe services they provide; laws,executive directives and
other official documents of the republic.
b. Public Access to Information Initiative. The Aquino Administration will
move towards giving citizens greater and freer access to official information in a
timely, relevant and meaningful manner, subject to certain limitations such as
national security, foreign diplomacy and privacy concerns.
Congress, judiciarynot covered
The EO will cover all government offices under the executive branch including the national government
and all its offices, departments, bureaus, offices and instrumentalities. It will also be implemented in state-
run firms, universities and colleges.
The order will not cover Congress and the judiciary because of the doctrine of the separation of
powers. Andanar said it would be up to the legislature to decide whether to enact an FOI law that would
cover all government branches.

6. “Congress is an independent branch of government and the president believes in the independence of
each independent branch of government,” Andanar said answering a question on whether Duterte would
ask Congress to pass an FOI law.
Local government units, however, are encouraged to observe and be guided by the order.
The order defined “information” as the following:
 records
 documents
 papers
 reports
 letters
 contracts
 minutes and transcripts of official meetings
 maps
 books
 photographs
 data
 research materials
 sound and video recording
 magnetic or other tapes
 electronic data
 computer stored data or other like or similar data or materials
 recorded stored archived or whatever format
“Every Filipino shall have access to information, official records public records and documents and papers
pertaining to official acts, transactions and decision as well as government research data used as basis
for public development,” the order read.
Andanar said among the information that would not be released are those that “put the government in
danger in terms of national security.”
Freedom of Information laws are important. Of that there is no doubt. They are
important for public accountability and the equal treatment of all people under the rule
of law. They are important as an anti-corruption tool. They are important to the
advancement of commerce and science. And they are important to the legitimacy of
democratically elected governments. For without access to government records,
citizens cannot determine whether their leaders deserve reelection or whether they
should be thrown out of office because of fraud or mismanagement.
There are three primary reasons why I believe sub-national Freedom of Information
laws are so worthy of greater attention. First, most government exists not at the

7. national level, but rather at the sub-national level. Second, most people interact with
government, not at the national level, but at the regional and local levels. And third,
Freedom of Information laws at the sub-national level provide a very effective – and
perhaps the best -- laboratory to test most aspects of such laws. We can learn from
them which régimes work well, which work poorly, and which régimes may be well-
suited for adaptation to a national level.
Filipinos may request for needed information through a letter of request sent to
the concerned office along with a valid proof of identity
The FOI saw a push in the 16th Congress when the measure was passed by the
Senate on third and final reading on March 10, 2014. But the House of
Representatives failed to pass its version for concurrence despite former
president Benigno Aquino III naming it as one of his legislative priorities for 2015.
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.
"Unnecessarysecrecyingovernmentleadstoarrogance ingovernance anddefectivedecision making."
The AquinoIIIadministrationtookoffice atthe time whencorruptionwasperceivedtohave
underminedthe economyandthe credibilityof the country
The Presidentbelievedthatthe nationneededtransformational change andavisionof governance
beyondpolitical survivalandself-enrichment
The Philippinesisone of the eightfoundingmembersof the OpenGovernmentPartnership(OGP).The
OGP isa multilateral initiativethataimstosecure concrete commitmentsfromgovernmentstopromote
transparency,empowercitizens,fightcorruption,andharnessnew technologiestostrengthen
governance.Inthe spiritof multi-stakeholdercollaboration,OGPinthe Philippinesisoverseenbya
SteeringCommittee composedof representativesfromgovernment,businessandcivil society
organizations(Governance Cluster2014).

8. For the secondOGP Plan(2013-2015) nine commitmentswereincludedwhichadhere tothe core
principlesadoptedbyOGP- transparency, citizenparticipation,accountability,use of technologyand
promotionof publicaccountabilityinnovation(Mangahas2014 OGP 2013-2015 AssessmentReport).
To promote transparency,the Philippine governmentcommittedtodisclosekeyplanandbudget
documentsatthe national andsub-nationallevels,developasingle portal where governmentdatacan
be accessedinopenformats,and supportthe passage of an access to informationlaw.
In itsbroadestsense,empowermentisthe expansionof freedomof choice andaction.Itmeans
increasingone’sauthorityandcontrol overthe resourcesanddecisionsthataffectone’slife.Aspeople
exercise real choice,theygainincreasedcontrol overtheirlives(Governance Cluster,2011)
Sub-Outcome 1.1.Improvedaccess toinformationAccesstoinformationasmandatedbylaw (Article 3,
Section7 of the 1987 PhilippineConstitution) isarequisiteforgoodgovernance.Further,various
policieshave beenissuedthatmandatesLGUs to make local plans,reports,andbudgets publicly
accessible.These includeprovisionsfromthe Local GovernmentCode andthe Government
ProcurementReformAct.Informationdisclosure isnotanendinitself,butelementsof transparency
shouldbe considered,suchasaccessibility,timeliness,andqualityof disclosedinformation.Sub-
Outcome 1.2. More meaningful citizens’participationingovernance processesGoodgovernance entails
openingasmanyareas of governance aspossible tothe participationof stakeholders,particularlycivil
societygroups,grassrootsorganizations,business,academe,anddevelopmentpartners,amongothers.
Crucial areasfor participationare the planningandbudgetingprocessandmonitoringgovernment
performance.