Freedom of information advocates found another champion in known social reformer Bishop Broderick Pabillo as the campaign for the ratification of the FOI Bill by the Lower House on May 31 intensifies.

The Auxiliary Bishop of Manila celebrated a Mass calling for the Catholic faithful to pray for the ratification and signing into law of the FOI Bill. The Mass was held at the Sto. Niño de Tondo Parish amid celebrations of Valentine’s Day and the Chinese New Year.

In his homily, Bishop Pabillo told parishioners to always seek what is good and true. He said that freedom of information will go a long way in the search for truth and good governance in the country.

After the Mass, Bishop Pabillo joined FOI advocates from the Right to Know. Right Now! Campaign in a press conference and signed a letter calling on House Speaker Prospero Nograles to commit to put the FOI Bill in the first order of business when Congress reconvenes on May 31.
Center for Community Journalism and Development Executive Director Red Batario stressed that the freedom of information bill will not just be for media but for the general public who has the right to know what government is doing.

Rowena Paraan of the National Union of Journalists of the Philippines said that while the proposed bill will further the rights of the people, it will also facilitate the protection of journalists. She said that journalists constantly put their lives on the line as they seek to uncover the truth in government affairs. Yuen Abana of Partido Manggagawa said that there is no reason not to ratify the proposed bill and that Congress should not delay it.

Akbayan Representative Walden Bello said that the passage of the FOI Bill should be the positive legacy of the 14th Congress. Bello said he will join other champions in the House of Representatives to push for the ratification of the FOI Bill when it resumes session.

FOI advocates vowed to intensify the campaign, increase public awareness of the FOI issue, and build support for the bill’s passage into law.

“The national elections will occupy media in the next several months, and it will be difficult to compete for space. But we will use creative means, work with local and regional groups, especially in Davao and Mindanao, to reach Speaker Nograles, members of Congress, and the President”, said Atty. Nepomuceno Malaluan, spokesperson of the Right to Know. Right Now! Campaign.

The Letter to Speaker Nograles will be sent on Monday, February 15. The letter says that according to House rules, the consideration of bicameral conference committee reports is always in order, except when the journal is being read, the roll is being called, or the House is dividing on any question. FOI advocates are asking Speaker Nograles to lead the House in ratifying the FOI Bill ahead of any other business when it resumes session on May 31, and to immediately transmit it to the President for enactment into law.

Aside from Bishop Pabillo, the letter to Speaker Nograles is signed by members and supporters of the Right to Know. Right Now! Campaign composed of public-interest groups, environmental protection advocates, independent media groups, print and broadcast journalists, farmers organizations and support groups, women’s organizations, private and public sector labor unions, migrant workers, businessmen, lawyers, academic institutions, student and youth organizations, and concerned individuals. Among the individuals who signed are members of the 1986 Constitutional Commission Dr. Florangel Rosario-Braid and Dr. Wilfrido V. Villacorta. Dr. Villacorta was the author of the provision on the Right to Information in the Bill of Rights of the 1987 Constitution.

If passed into law, the FOI Bill will operationalize the Constitutional guarantee to freedom of information. It clearly lists the classes of information covered by the law and limits the scope of exception. It also sets out procedures for requesting and accessing information, and penalties for the unlawful denial and violation of the right.

(See related article here)

Freedom of information is important as it is a key component of democracy. It gives flesh to Article II; Section 1 of the Constitution which states that “(T)he Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.”

The Access to Information Network (ATIN) a broad coalition of media, public interest groups and advocates, says that the right to information is also a necessary condition for the effective exercise of other rights by the people. The freedom of the press, of speech and expression, as well as the right to petition the government for redress of grievances can only be fully and responsibly exercised by an informed press and citizenry.

The CCJD is a member of ATIN.

Philippine Daily Inquirer’s Editorial

Stranded

Congress adjourned last week, bypassing more than a dozen important measures and committee reports. The Senate adjourned without doing anything on its last session day for lack of quorum. The House of Representatives adjourned also without acting on pending measures for lack of time and quorum.

Ostensibly, the minority boycotted the last session day of the Senate to prevent the consideration of a resolution which would censure Sen. Manuel Villar, Nacionalista Party presidential candidate, on the C-5 road controversy. Sen. Miriam Defensor-Santiago said she joined the minority boycott to block alleged attempts to pass two controversial bills. One seeks to reorganize the Philippine Amusement and Gaming Corp. and give its board chair security of tenure. It would have the effect of preventing the new president from appointing a new Pagcor head. The other measure would reorganize the National Telecommunications Commission. Santiago said the NTC bill would have far-reaching consequences because the agency has control over the importation of signal jammers that could disrupt the operation of poll automation machines, cell phones, radios and other telecommunication devices and tools.

Two committee reports that were bypassed were the Senate committee of the whole’s report on the C-5 road controversy and the Senate blue ribbon committee’s report on the controversial $329-million NBN-ZTE deal which says President Gloria Macapagal-Arroyo is “answerable” for the “stinking” deal.

Other measures bypassed were the proposed Freedom of Information Act, Reproductive Health Bill, a New Central Bank Act, LPG Regulation and Safety Act, Cybercrime Prevention Act, Early Voting Bill, Proposed Philippine Tax Academy and an Act Defining and Penalizing the Crime of Enforced or Involuntary Disappearances and the Right of Reply Bill.

It is unfortunate that the Freedom of Information Act was not passed because the final measure was the product of months of hearings, deliberations and debates in the Senate and House and in the bicameral conference committee. It would have given flesh to the spirit of the constitutional provision that says that the people have the right of access to information “subject to such limitations as may be defined by law.” If the measure is not passed before the 14th Congress finally adjourns in June, it will have to be re-filed and will have to go again through the congressional mill. But it is good that the Right of Reply Bill which would have restricted freedom of the press was not passed.

The bypassed Reproductive Health Bill would have allowed the promotion of both natural and artificial birth control methods in government health centers. It is a very controversial measure, and apparently many legislators did not want to touch it because they did not want to antagonize the Catholic Church at a time when they are running for reelection.

The Central Bank bill, the Cybercrime bill, the LPG industry regulation bill, the early voting bill, the proposed Philippine Tax Academy and the bill on the crime of involuntary disappearance are all well-intentioned measures. But they were not passed largely because of lack of quorum in both the Senate and the House, and the lack of quorum was caused principally by partisan maneuverings.

The Senate and the House may yet have an opportunity to redeem themselves and pass the beneficial and uncontroversial measures during the session from May 31 to June 4 when the canvassing of the presidential election returns start.

The majority and opposition groups in the Senate could come to a gentleman’s agreement that they will not consider the resolution on the C-5 road controversy until the last one day or two days of the session, after they shall have acted on the important pending measures. The leadership of the House, for their part, could try their best to muster a quorum so that the chamber could pass pending measures and ratify some bicameral committee reports.

Members of Congress are elected by their constituents to pass laws, not to get embroiled forever in partisan wrangling and maneuvers. It’s time they really earned the millions that the suffering taxpayers are paying them in salaries, allowances, pork barrel and other perks. It’s time they did some real work and passed the pending important measures.

“People should not be afraid of their governments, governments should be afraid of their people” V for Vendetta. (PDI)

We have launched Bukidnon Media Baktas/Tapok on January 18. Please make it a habit to join this monthly gathering. This February, we are holding it on the 16th. Please join us!

Time: February 16, 2010 from 3:30pm to 6pm
Location: Capitol Grounds, Malaybalay City, Bukidnon
Organized By: Atong Press

Event Description:
Hi everyone!

I am your new Media Baktas/ Tapok coordinator.

Please be informed that the schedule of our Media Baktas/Tapok for the month of February will be on the 16th (Tuesday) at the Provincial Capitol ground, Malybalay City.

We will assemble at the DXDB Station(beside Cathedral); 3:30pm to 4:00PM. The whole activity will run from 4:00 to 6:00PM.

We have invited officers from the KBP Bukidnon chapter to give us updates on preparations for the 2010 election coverage and the said bogus radio station in Valencia City. Please come in your sports attire and have fun.

This is open to all media practitioners and workers.

Please come on time. See you and thanks.

Pete ” Spencer” Maguale, Jr.
Mobile: 09164154382

Members of the Oblate Media (NDBC-Mindanao Cross-I-Watch) remembered... offered prayers, flowers and lit candle.. Let us continue to pray for justice and for peace this Christmas. Martin Luther King, Jr. had said, “Injustice anywhere is a threat to justice everywhere.”

Today is the day that we mark the first month anniversary of the most unspeakable atrocity committed against Filipino journalists together with those who set out to fulfill an electoral right in Maguindanao, a simple enough exercise that turned out to have far-reaching implications for human rights, the rule of law and democracy.

Today, as we stand resolute in shouting “Never again!” we do so with the hope that our call for justice for the Maguindanao massacre victims and their families does not fall on deaf ears.

Today, even as we note with some measure of optimism that the wheels of justice are finally moving in favor of justice, we should not lose sight of the greater challenge of digging out the roots of the monstrosity that was spawned in the first place by a culture of impunity, complicity and complacency.

Today, as we closely watch and monitor the prosecution of the case we also appeal to all citizens to do the same not only in the sense of civic spiritedness but to show that we truly and deeply care where this country is going.

Today, we call on those in the media and those who are served well by the functioning of a professional and truthful media not to waver in calling for greater governance accountability.

Today, we say we will not cease to call attention to wrongdoing, to the abuse of power, to the different manifestations of corruption, to the pollution of politics and the undermining of the electoral process.

Today, we renew our demand for the dismantling of private armies and political dynasties.

Today we mark the beginning of the end of the terrible nightmare that for so long has been conjured right before our very eyes by warlocks and demons disguised as leaders and messiahs of political, economic and social deliverance.

Finally, the Freedom of Information (FOI) Act passed Third Reading in the Senate today, (December 14) after three Congresses marked by hard lobbying by various interest groups led by the Access to Information Network (ATIN).

“In the past, the bill was only able to get the nod of the House of Representatives but gets stuck in the Senate.  It is only now that significant strides were achieved with regard to pushing this bill,” said Representative Lorenzo R. Tañada III, the bill’s author in the Lower House.

Tañada emphasized the importance of getting the bill passed by the Bicameral Conference Committee, ratified by both Houses and signed by the President a soon as possible.

“Access to information by ordinary citizens is key to a thriving and living democracy.  It is a critical ingredient in ensuring informed participation of people on matters that shape public policy.  Likewise, it is a good anti-corruption measure as it provides transparency on matters of public concern,” he added.

Earlier, Right to Know. Right Now! Campaign, composed of over 100 organizations and coalitions from various sectors, marched to the Senate for the bill’s immediate approval.

The Center for Community Journalism and Development is a member of ATIN.#

People’s access to information is key in reducing corruption in local and national government, which is now the core issue in the crisis in Maguindanao following the abduction and slaughter of 57 people in the country’s worst election-related violence and the world’s deadliest single attack against journalists.

This was the main message of Red Batario, Center for Community Journalism and Development (CCJD) executive director and Nepomuceno Malaluan, Access to Information Network (ATIN) lead convenor in a live radio discussion December 9 over dzMM’s “Dos por Dos” program with anchors Gerry Baja and Anthony Taberna.

Batario, who recently came from a foreign media mission to Maguindanao, said that while the massacre unearthed serious problems such as political violence and weakness of institutions to protect the people, it also underscored the attempt to impede people’s right to information which helps people decide wisely and call for reforms on how their communities are run.

“Without clear access to information, democracy and the real exercise of people’s rights are compromised,” Batario said.

Malaluan acknowledged the Senate for passing December 7 on second reading the proposed Freedom of Information Act (FOI Act). He noted that the passage seemed to be “light” amid the dark cloud brought by the Martial Law declaration in Maguindanao two days earlier, raising apprehensions among the public that it would also be imposed in other parts of the country.

Malaluan said that when finally passed into law, the FOI Act will make the Constitutional right to know and the state policy of full disclosure if transactions involving public interest fully operable. Access to information has increasingly become complicated because of lack of standard procedures to deal with requests and the absence of a law clarifying the exact scope of the right to information.

The radio discussion coincided with two important events which both underscore the importance of right to information: the UN World Anti-Corruption Day and the International Day of Action against Impunity against journalists, falling on the same day.

Malaluan appealed to the Senate to sustain the momentum by immediately approving the bill on third reading. “Under the dark cloud of Martial Law, we claim our freedom of information. Now more than ever we need to secure for the people the political rights that both empower and protect,” he said.

Formed in 2003 during the 12th Congress, ATIN is composed of 12 organizations and coalitions advocating for the full enjoyment of the public’s right to information guaranteed by the Constitution. It has been pushing the Senate to pass the proposed FOI Act before the 14th Congress concludes in February next year. Supported in part by the UNDP through the Fostering Democratic Governance project, the advocacy for the passage of the access to information bill has drawn broad multi-sectoral participation that now refers to itself as the “Right to Know, Right Now” movement.#

ARTICLE 19, together with International Media Support, urge private and publicly funded media in Ukraine to behave responsibly and to respect professional and ethical standards of journalism in the period leading up to and during the presidential elections scheduled for 17 January 2010.

This is the first presidential election in Ukraine since the Orange Revolution of 2004. Although the change in government after 2004 resulted in less firm governmental control over the press and a more pluralistic media, there is still a lack of balanced reporting. As elections draw near, there is reportedly increasing pressure on journalists and editors by media owners and political role players, with decreasing quality of impartial news.

The Ukrainian Institute of Mass Information has been monitoring four national print media outlets, analysing coverage of presidential candidates and identifying examples of coverage that may actually construe party political advertising, rather than editorial reporting. In October 2009, the monitors found 37 published articles which contained breaches of professional and ethical standards of journalism. These articles were noted in the daily Fakty i kommentarii, the daily Segodnya, and the daily Economicheskie izvestia, with 30 out of 37 published in Fakti i kommentarii alone. A fourth publication monitored, Korrespondent, revealed no such breaches. Monitoring over November further revealed 36 articles containing similar breaches of impartiality and balanced reporting, with 31 materials published in the Fakty i kommentarii.

ARTICLE 19 and International Media Support stress the importance of elections to democracy, and to holding political parties and leaders accountable. The media, and in particular broadcasters, play a key role in framing electoral issues, informing the electorate about the main developments, and communicating the platforms, policies and promises of candidates to voters. Free and fair elections are possible only where the electorate is well informed and has sufficient access to diverse information. A pluralistic media environment ensures that all viewpoints and political perspectives are aired during election campaigns.

We, therefore, call upon the Ukrainian media, both private and publicly-funded to:

• Respect strict rules of impartiality and balance, particularly when reporting on the governing parties and on government decisions and actions during election period. This implies that equal coverage should be given to all election candidates and the policy issues they stand for.

• Ensure that the Ukrainian public is well informed about election matters, including the role of elections in a democracy; about how to exercise the right to vote; about the key electoral issues; and the policy positions of the various candidates contesting the election. This should include reporting that involves questions being put to candidates, as well as providing space for debates between candidates.

• Grant all parties and candidates equitable access to the media to communicate their messages directly with the public. Equitable access means fair and non-discriminatory access, allocated according to objective criteria for measuring overall levels of support. This includes factors such as timing of access and any fees.

• Ensure that any reporting of opinion polls and election projections is accompanied by sufficient information to allow the electorate to understand properly their significance.#

(The International News Safety Institute and the Center for Community Journalism and Development support this plea by Article 19 and International Media Support for ethical and balanced reporting during the Ukraine elections, as it is a safety issue.

One of the main safeguards for the news media in dangerous and potentially hazardous environments is to report in a balanced and fair way, and to avoid taking sides. Time and again parties involved in conflict have said they respect fairness and impartiality in journalists. The ability to point to published reports that show a serious effort to report all sides in a dispute have in the past influenced favourably initially hostile elements.

There are never any safety guarantees in a hostile situation, but this basic approach to covering a multi-faceted story with the potential for violence is an effective armor against attack.

It applies not only in Ukraine but in the Philippines election and other countries where reporting is fraught with serious danger.)

Proclamation 1959: Proclaiming a State of Martial Law and suspending the privilege of the writ of habeas corpus in the province of Maguindanao except for certain areas.

Whereas, Proclamation No. 1946 was issued on 24 November 2009 declaring a state of emergency in the provinces of Maguindanao, Sultan Kudarat and the City of Cotabato for the purpose of preventing and suppressing lawless violence in the aforesaid areas.

Whereas, Sec. 18 Art. VII of the Constitution provides that “in case of invasion or rebellion, when public safety requires it, the President may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”

Whereas, Republic Act 6986 provides that “the crime of rebellion or insurrection is committed by rising publicly and taking arms against the government for the purpose of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.”

Whereas, heavily armed groups in the province of Maguindanao have established positions to resist government troops thereby depriving the Executive of its powers and prerogatives to enforce the laws of the land to maintain public order and safety.

Whereas, the condition of peace and order in the province of Maguindanao has deteriorated to the extent that local judicial system and other government mechanisms in the province are not functioning; thus, endangering public safety.

Whereas, the implementing operational guidelines of the GRP-MILF agreement on the General Cessation of Hostilities dated 14 Nov. 1997 provides that the following is considered a prohibited hostile act: “establishment of checkpoints except those necessary for the GRP’s enforcement and maintenance of peace and order and for the defense and security of the MILF in their identified areas as jointly determined by GRP and MILF.”

Now, therefore I, Gloria Macapagal-Arroyo, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and by law, do hereby proclaim as follows:

Sec. 1: There is hereby declared a state of martial law in the province of Maguindanao except for the identified areas of the Moro Islamic Liberation Front as referred to in the implementing operational guidelines of the GRP-MILF agreement on the General Cessation of Hostilities.

Sec. 2: The privilege of the writ of habeas corpus shall likewise be suspended in the aforesaid area for the duration of the state of martial law.

Done in the City of Manila this 4th day of December in the Year of Our

Lord, Two Thousand and Nine.

(Originally Signed)

Gloria M. Arroyo

By the President:

(Originally Signed)

Eduardo Ermita
Executive Secretary

Last 9 November, we welcomed with deep appreciation the Senate’s commitment to pass the Freedom of Information Act without delay. We gave our full confidence to their assurance, made through Majority Leader Juan Miguel Zubiri, that Senate Bill 3308 will be passed on second reading by November 18, and on third reading by 1 December. This timetable only gives enough time to convene the bicameral conference committee and report back for final approval of the bill before Congress breaks for the elections on 5 February 2010.

We quote Senator Zubiri’s manifestation in plenary session:

“I assure them, we assure them, that before the break on November 19 that hopefully we will be able to approve this on second reading, and when we get back on December 1, we approve this on third and final reading. We assure them.”

But the promise was not met; the Senate adjourned with the bill still failing to hurdle the periods of interpellation and amendments.

We, representatives of over 100 organizations and coalitions from various sectors comprising the Right to Know. Right Now! Campaign, beg all our Senators to send Senate Bill 3308 to bicameral conference before it again adjourns on 18 December 2009. Since the Senate resumed session last December 1, two session days have passed without any action on the bill. From December 7, we count a mere 6 session days within which to pass S.B. 3308 on second and third reading, and for both Houses to name their delegates to the bicameral conference committee.

We are not losing hope. Senator Miriam Defensor Santiago has already completed her interpellation. Senator Joker Arroyo has started his interpellation, and only needs to continue and complete the same. Senator Aquilino Pimentel, Jr. has committed to commence his interpellation at first opportunity. Senators Miriam Defensor Santiago and Francis Escudero have already submitted their respective amendments, and Senator Alan Peter Cayetano has integrated these in the draft Committee amendments along with proposed amendments to address the concerns of Senator Arroyo.

If our Senators will only will it, and be true to the trust of serving the people with utmost responsibility and efficiency, it can be done. We count on the bill’s principal sponsor, Senator Alan Peter Cayetano, and co-sponsor, Senator Juan Miguel Zubiri, to give the bill the decisive push it direly needs in the coming week. We also count on Senator Joker Arroyo and Senator Aquilino Pimentel, Jr. to proceed and complete their interpellation without delay. We count on all our Senators, under the leadership of Senate President Juan Ponce Enrile, to give due course to the long-overdue passage of the Freedom of Information Act.

We cannot overemphasize the importance that a Freedom of Information Act will play in the maturation of Philippine society and politics. Let it be a historic and lasting contribution of the 14th Congress to political reform in the country, to benefit our generation, and the generations to come.

On our part, if the 14th Congress will finally secure for us our full enjoyment of our freedom of information, we commit to exercise it responsibly.

We call on other groups to join us in the struggle to claim what is guaranteed to us by no less than the Constitution. We ask you to join us as we march to the Senate on 7 December to assert our freedom of information!

3 December 2009.