Let the Water Flow

(FOI)
By Richmond Escano

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 constitutional grant of freedom of information is to be subjected to legislative
limitation as the phrase provided by law means. In some sort of analogy, it is like saying
the water will flow according to width and length of the river. Hence, the author submits
that, it is a self-executing law absent the legislative limitation, only a court of competent
jurisdiction may suppress the exercise of the said right to information on matters of public
concern. Again I say, the water will not stop from flowing absent the existence of the river,
as the water flows according to the natural law of gravity the length and width of the river
will be created and never the other way around. Demand for information as if it is not
subject to any limitation. Under existing jurisprudence, some limitations on the right to
information include matters affecting national security, the conduct of foreign affairs, and
on-going criminal investigations. Outside of these traditional exceptions, no public officer
may deny the people an exercise of constitutionally vested right.
This is all to say that, the delay of congress in passing the Freedom of Information
law, for whatever reason (which every citizen know) should not in any way diminish our
right to seek all the information we need to make a better society and if politics will stand
our way there are legal remedies such mandamus available to every citizens and even for
the media. On the other hand, there is a fear that the politician will be exposed and be
subjected to persecution. However, their fear is hypothetical, if no bad deed is hidden then
there nothing to hide. If all appropriation is in within their legal mandate then there is no
reason not to open the books to the public. In fact, it will be a simple way of advertising
good governance which will result to government stability and higher foreign moral
confidence booster and most importantly an assurance for a long political career.
Despite the factual basis of good effect for the passage of the Freedom of
Information (FOI)law, congress seems to be in a slow gear when it comes to such bill.
Why? It is because they (tongressmen) are afraid of the truth. The truth that they have
betrayed the so called public trust and the only way to save their faces and continue to
profit from their evil deeds is to hide the trails of their tracks. They hide by their privileges,
their immunities and others even hide by circumvention or absurd interpretations of laws.
Without the FOI it is an all jungle chaos out there, hiding everything while vigilant
citizens seeks for bits of pieces that could help unravel the truth. Luckily without the FOI,
those people who search must only be creative in their searches, since there is no
standard law by which a citizen is bound to follow in order to obtain information of public
interest from government agencies. FOI seeks to achieve predictability. Obviously,
legislation on how the right should be exercised and the consequences of the breach of
the right would promote further predictability on the exercise of the right.
In Philippine politics where the excitement lies in chase and not on the ends, it is
but poetic to say that the deeper they hide, the deeper we, the citizen should seek. Our
congress has passed a lot of significant laws but when it comes to laws that will affect
them, they would rather maintain status quo for the fear is always in the unknown. Those

unknown variable brought by an open book, would be the financial gain that will never be
theirs, the power to give favors in exchange for favors, and all other power that the
darkness can give.
Let us take those evils out of our government. Let us exercise our right to
information. Let the water flow!