THE
Freedom of Information (FOI) Bill is on the throes of death.
With
just six session days left before the House of Representatives adjourns for the
May 2013 election campaign, one and only one miracle could save it from certain
perdition -- a certification on the urgency of its immediate enactment by
President Aquino himself.
It
should not have reached the ICU, if only the House did something more than
nothing on the FOI bill during its three session days last week.
On
Session Day 1, the House did not even enroll the bill in its order of business,
even as it had been in the Order of Business for reference to the Rules
Committee on Dec. 18, 2012 yet. On Days
2 and 3, just when the Bill had already been calendared for sponsorship and
plenary debate, a legislator threatened to question the quorum for a motion too
parochial and self-serving, and kept the entire House hostage to his whim.
Yet
still, the House leaders allowed three privilege speeches, and over an hour of
interpellation for one, on Day 3. The legislator and the House leaders did not
allow even a single minute of discussion on the FOI bill.
Last
week's events point to a House conspiracy to kill the bill led no less by
Speaker Feliciano Belmonte Jr. and Majority Leader Neptali Gonzales II, and
with the many habitual absentees of the House in cameo role.
After
opening the session and immediately leaving the presiding chores to a Deputy
Speaker on day 1, Belmonte was not to be seen again on the floor last week. The
same goes for his Majority Leader, who showed up for just a few minutes on Day
3. That was as far as they went to demonstrate their leadership of a chamber
turned totally inept to take action on the FOI bill by a legislator on tantrum
mode.
In
recent weeks, Belmonte and Gonzales had assured that they wanted the plenary
debate on the FOI bill to proceed posthaste. For a minute, the broad coalition
of FOI advocates and authors had thought the duo had stopped their dribble
drivel on the bill.
Last
week's events, however, made it all plain to everyone: after the drivel comes
now a plot to murder the bill in the House through sheer ineptitude and
deliberate actions of its leaders, the chronic absenteeism of majority of its
members, and the resort to absurd tantrum ploys of one legislator.
We
smell the stench of death in progress for the FOI bill. We see a rerun of the
farce on the FOI bill that was staged by the 14th Congress under Speaker
Prospero Nograles Jr. It's all the same save for one twist -- Belmonte's 15th
seems more duplicitous. It declares full lip-service commitment for FOI but
also employs full-throttle theatrics to prevent the bill's passage.
That
Belmonte's House has failed the people on the FOI bill is an indisputable fact.
For
one, the legislator in tantrum allowed other matters to be discussed by the
House last Tuesday and Wednesday but it was only when the FOI bill was about to
be taken up did he insist on his quorum question.
For
another, the all-powerful Rules Committee led by Gonzales is not exactly
helpless to act on matters of agenda. It did not intervene for the FOI bill.
For
a third, that the House could not achieve a quorum is not a problem that
citizens should have to deal with -- lawmakers are precisely paid handsome
fees, on top of fat slabs of pork money, to legislate. Their minimum obligation
is to attend all sessions, without fail. Belmonte and Gonzales have the command
responsibility to see to this.
For
a fourth, Belmonte and Gonzales could have declared the FOI bill urgent
pursuant to Rule X, Section 52, of the House Rules, thereby paving the way for
the adoption of a timetable for debate and voting on FOI.
Finally
and most important of all, Belmonte and Gonzales could have prevented the
deliberate delays on the consideration of the bill by Rep. Ben Evardone at the
committee level, which got the FOI bill in its code blue condition in the first
place.
Fact
is, as Evardone hemmed and hawed, legislators in favor of the FOI bill launched
an initiative to use Rule IX, Section 37, Par. 1 of the House Rules allowing
1/4 of the members of a committee to call a hearing.
But
presented with the notice of hearing signed by more than the eight Committee
members needed to put the rule in effect, Belmonte prevailed upon the group to
allow Evardone to call the hearing instead, allowing Evardone to further delay
committee action.
With
three session days wasted and only six more to go, the last remaining trigger for
the House to finally act on the bill is a certification from President Aquino
on the urgency of its immediate enactment.
Three
years ago as a candidate for president, Aquino had promised to support the FOI
bill and accord its passage top priority. Now President and also chairman of
the ruling Liberal Party coalition in the House, he has both power and duty to
fulfill his promise and to do his part to save a bill that will enable the
Constitutionally guaranteed rights of the people to information, and to
transparency and accountability in government.
Failing
in this, the President would have also failed a most important test of
leadership. If he should choose to stand idly by, when in fact he could have
intervened to rescue it, by his inaction he will have also joined the ranks of
his murderous allies.
Today,
the people will march again to Mendiola to lay at the doorstep of President
Aquino the FOI bill, limp and nearly lifeless. Save it, the President can. Kill
it, the President can, too. In the name of the Constitution, the people, and
daang matuwid, the correct choice is clear: Certify the FOI bill as urgent!
