Transparency, accountability strengthened as PB passes FOI measure

Local

THE Cebu Provincial Board has passed on third and final reading the Freedom of Information ordinance of the Province of Cebu, strengthening transparency and accountability in the government.

The ordinance authored by Board Member Malcolm Sanchez was approved during the body’s regular session on Monday, May 25.

Covered under the ordinance are all offices, and corresponding departments, divisions, and units under the Cebu Provincial Government; all government-owned or controlled corporations and instrumentalities; all committees, offices, and programs operating under the authority and supervision of the Provincial Government; and all provincial public officials and employees responsible for maintaining public records.

The ordinance establishes the Freedom of Information Program in the province to promote transparency and public access to information.

It also creates a Provincial FOI Secretariat under the Office of the Governor which will be the one to monitor compliance with ordinance; maintain the provincial FOI registry; develop standard FOI forms and procedures; provide technical support to provincial offices; prepare annual reports; and conduct traiing and public awareness initiatives.

Under the ordinance, each provincial office must designate an FOI receiving officer and an alternate to handle and monitor FOI requests, assist the requesters, and maintain request records.

Meanwhile the department head or chief of office will serve as the FOI decision maker who is responsible for approving or denying information requests unless the authority is delegated to another officer.

As to the procedure in requesting information, the ordinance provides that the requests for information may be submitted in writing, electronically, or through other official means wherein the request must contain the name and contact information of the requesting party, clear description of information being requested and reason of the request.

"The stated reason shall not be used as a ground to deny the request or to refuse its acceptance unless such reason is contrary to law," read the ordinance.

The local law also sets response periods in line with Republic Act No. 11032 or the Ease of Doing Business Act.

For simple transactions, the process must be done within three working days. For complex transactions, the process is within seven days while the highly technical one must be within 20 working days.

Access to information including digital copies is free. But the requester may need to pay for photocopy, printing, storage media and mailing. Indigent requesters may be exempted from these fees.

The ordinance also states that access to information may be denied if it is affecting nationial security, ongoing law enforcement investigations, personal data protected by Data Privacy Act, privileged communications, trade secrets, confidential business information, executive privilege, bank deposits covered by secrecy law, deliberate process privilege, and other information exempted from disclosure under existing laws, rules, jurisprudence, or national FOI policies.(MyTVCebu)