Cayetano cites pros, cons of creating an information commission

MANILA, Philippines - The creation of an information commission may defeat the purpose of speedy release of information to the public, which is the primary objective for the passage of the Freedom of Information (FOI) bill, Senate Minority Leader Alan Peter Cayetano said last Friday.

Cayetano pointed out the advantages and disadvantages of creating the proposed commission.

“It may become an additional layer, and may prevent the release of information,” he said.

“On the other hand, having an agency dealing solely on information can help fasten the release of information. The key here would be the details of the powers and duties of the commission and its officials,” he said.

Under the Palace’s version of the FOI bill, there is a recommendation for the creation of an information commission that will “receive, hear and adjudicate complaints filed by applicants; recommend the filing of administrative and criminal actions against erring public officials, monitor and ensure compliance of government agencies, and issue subpoena duces tecum and ad testificandum; design and review the criteria for classification and de-classification and custody of privileged and confidential information, and submission of annual report to Congress.”

On the remedies in case of denial (of release of information), Cayetano said the decision of the commission’s head “shall be final and executory subject to the Supreme Court through certiorari.”

Cayetano also said he objects to a Palace proposal that the “mere denial in good faith of a request made pursuant to the provisions of this act shall not constitute ground for administrative sanction or criminal liability.”

But Cayetano stressed he does not doubt the sincerity of the Palace in drafting their version of the FOI bill.

“What I am saying is, with proper amendments, as long as the powers are specified and the remedies are not watered down, I don’t object to having an Information Commission,” he said.

Whoever shall be appointed head of the commission should be given independence by the Palace, Cayetano said.

Cayetano has been urging President Aquino to pave the way for the speedy passage of the FOI bill.

The Senate committee on mass media started last Thursday the deliberations on the different versions of the FOI bill at the chamber.