NOGRALES LEADERSHIP CRUMBLES FOI HANGS IN THE BALANCE by Right to Know. Right Now! Campaign 03 February 2010

Manila, Philippines - Yesterday and today, the last two session days before Congress adjourns for the elections, the House of Representatives refused to take up the ratification of the Bicameral Conference Committee Report on the Freedom of Information Act.
Caught up between the conflict among members over the swearing-in of Celestino Martinez III, election protest winner over sitting Rep. Benhur Salimbangon of 4th district of Cebu, the Freedom of Information Act became collateral casualty. The Liberal Party wanted to force the swearing-in of Martinez; another group led by Rep. Pablo Garcia was bent to prevent it by questioning the quorum. Both camps were prepared to let the ratification of the Freedom of Information Act go by the wayside.
Speaker Prospero Nograles, who in his press statements committed to allow the consideration for ratification of the Freedom of Information Act, could not muster the leadership to get his House in order. For two days, the consideration of legislative matters was held hostage by the quorum question.
But more than the quorum issue, we now doubt the sincerity and candor of Speaker Nograles in his public support for the Freedom of Information Act.
Under Rule X, Section 61 of the Rules of the House of Representatives, “(T)he consideration of conference committee reports shall always be in order, except when the Journal is being read, while the roll is being called, or the House is dividing on any question.”
In other words, the House could take up the ratification of the FOI Bicam Report ahead of all other business, including the privilege speeches allowed on February 2.
The reason for such rule is the highly privileged status of a Bicameral Conference Committee Report. It settles the differences of the two chambers and perfects the legislation as far as Congress can. It is the legislative business nearest completion. A bill so far advanced as to become the subject of a conference report is entitled to priority over other business in an earlier stage.
The rule is copied from Rule XII, Section 7(a) of the Rules of the 111th Congress of the United States House of Representatives. From precedents in the US Congress, the rule is explained as follows:
A conference report has precedence over any other business, because, being the procedure by which a final agreement is reached between the two Houses, the assent of both, which is essential to legislate on it, must be further advanced than any subject under debate. The courtesy, also, between the two bodies requires that precedence should be given to joint business. Accordingly, in the United States House the conference report is privileged, even against a motion to adjourn, and may be made at any time except while the journal is being read, the roll called, or the House dividing. This is but a declaration of general parliamentary law, except the privilege given as against a motion to adjourn.
But totally disregarding the rule, Rep. Arthur Defensor and Rep. Neptali “Boyet” Gonzales II, as Majority Leaders, wouldn’t touch the FOI Bicam Report on the floor, having no go-signal from Speaker Nograles.

THIS IS DOUBLE TALK AND UTTER LACK OF LEADERSHIP!
Looking ahead, Congress resumes session on May 31. The rule giving privilege status to Bicam Reports in the consideration of business remains applicable. If the House leadership wills it, the ratification of the Freedom of Information Act and immediate transmittal to the President for approval can still be done.
The Right to Know. Right Now! Campaign has conducted the advocacy for the passage of the Freedom of Information Act in good faith and in the most positive and trustful manner. Today we have lost our trust in the House Leadership and its members.
In any event we will fight on.
We invite all those who wish to join the struggle to claim our Freedom of Information to be with us when we attend mass to be celebrated by Bishop Broderick Pabillo, Auxillary Bishop of Manila, on 14 February, 7 am, at the Sto. Niño de Tondo Parish at L. Chacon St., Tondo, Manila.
We will hold a meeting after the mass to chart the next steps of the campaign.
Right to Know. Right Now!

ONLY ONE MORE STEP TO FREEDOM OF INFORMATION by Right to Know. Right Now! Campaign 02 February 2010

Manila - Today our congratulations and gratitude goes to the 14th Congress for heeding the wide clamor for the passage of the Freedom of Information Act.

Yesterday, the Senate ratified the Bicameral Conference Committee Report that reconciles the disagreeing provisions of House Bill 3732 and Senate Bill 3308. Today, with just one session day left before they break for the elections, the House of Representatives gave the report its nod.

With the ratification by both Houses, the Speaker, as a matter of course, shall order the enrollment of the Freedom of Information Act for presentation to President Gloria Macapagal Arroyo. Her approval of the bill, express or implied, shall be the final step needed for the country to move from a legal regime that allows government secrecy into a new legal regime that secures freedom of information. Under the Constitution, the President has 30 days from receipt of the enrolled bill to act on it, or to allow it to lapse into law without her signature.

The struggle through the legislative process has been long and arduous. As early as the 11th Congress there were attempts to push the measure forward, but the lack of legislative champions, the intervention of major legislative concerns (such as the impeachment of former President Estrada), and the challenges that go with major reform advocacies all combined to prevent the earlier passage of the act.

But the long wait did not mean wasted time. Over the protracted legislative process, we had the opportunity to continue refining the bill and to build consensus among different stakeholders.

We were able to respond positively to the concerns raised by government agencies, in a manner that did not compromise the integrity of our right to information. We generated strong commitment from champions in both Houses of Congress who have become steady and determined allies. We were able to broaden the support for the measure. From a core group of 11 organizations under the Access to Information Network (ATIN), the campaign group has grown to over 100 organizations and coalitions under the Right to Know. Right Now! Campaign, comprising 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, academic institutions, and student and youth organizations. We also reached a wider audience, with the support of media.

All these gains increase our collective capacity to make the Freedom of Information Act a working, living law after its passage.

As we await favorable Presidential action on the measure, we take this opportunity to give credit to the 14th Congress for standing for public interest.

We congratulate and thank the Lower House under the leadership of Speaker Prospero Nograles for passing its counterpart measure on third reading, House Bill 3732, as early as 12 May 2008. We especially thank House Committee on Public Information Chairman Rep. Bienvenido Abante Jr. and Rep. Erin Tañada, chairman of the committee’s Technical Working Group, for their decisiveness and efficiency in pushing for the bill’s passage even before the close of the first regular session. This allowed the Senate sufficient time to review the bill. In this endeavor, the initiative also got substantial help from Representatives Joel Villanueva, Del De Guzman, Eduardo Zialcita, Riza Hontiveros, Satur Ocampo, Juan Edgardo Angara, and other authors of the bill.

Equally, we express our congratulations and gratitude to the Senate under the leadership of Senator Juan Ponce Enrile for its action on the measure, passing Senate Bill 3308 on third reading on 14 December 2009. We especially thank Senator Alan Peter Cayetano for decisively shepherding the bill through the committee process, and in partnership with Majority Leader Juan Miguel Zubiri, for taking it forward in plenary. We thank the various bill authors for providing the measure the bipartisan support that it needed. With the interventions of Senator Miriam Defensor Santiago and Senator Joker Arroyo in interpellation, and the amendments introduced by Senator Santiago and Senator Francis Escudero and by the committee, the Senate has done its legislative duty of ensuring a robust measure.

We congratulate and thank all the members of the Bicameral Conference Committee: Rep. Bienvenido Abante, Jr., Rep. Eduardo Zialcita, Rep. Lorenzo “Erin” Tañada III, Rep. Rodolfo Antonino, Rep. Jesus Crispin Remulla, Rep. Rodante Marcoleta, Rep. Joel Villanueva and Rep. Cinchona Cruz-Gonzales (House Panel); and Sen. Alan Peter Cayetano, Sen. Juan Miguel Zubiri, and Sen. Pia Cayetano (Senate Panel). The Bicam members took the responsibility and care to ask further clarifications, and to introduce further refinements and improvements to the bill. They also unanimously signed the Bicam Report. The result is a reconciled bill that is as much a House as it is a Senate version.

Still, while the passage of the Freedom of Information Act by Congress is enough cause for celebration, we do not lose sight of the fact that it does not become law until it is approved by the President.

We await with anticipation this final act.

Right to know. Right Now!

1. Rep. Lorenzo Tañada III 4th District, Quezon Province
2. Rep. Joel Villanueva CIBAC Party List
3. Rep. Del De Guzman 2nd District, Marikina City
4. Rep. Riza Hontiveros-Baraquel Akbayan
Rep. Walden Bello
5. Atty. Nepomuceno Malaluan Action for Economic Reforms (AER)
6. Dr. Florangel Rosario - Braid Asian Institute of Journalism and Communication (AIJC)
7. Dean Antonio La Viña Ateneo School of Government (ASoG)
8. Ms. Angelica Simone Mangahas Ateneo Debate Society
9. Ms. Adelina Alvarez Center for Community Journalism and Development (CCJD)
10. Prof. Luis Teodoro Center for Media Freedom and Responsibility (CMFR)
11. Atty. Roberto Cadiz LIBERTAS
12. Mr. Sonny Fernandez; National Union of Journalists of the
Mr. Nestor Burgos Philippines (NUJP)
13. Mr. Bartholome Guingona pagbabago@pilipinas
14. Ms. Malou Mangahas Philippine Center for Investigative Journalism (PCIJ)
15. Mr. Vincent T. Lazatin Transparency and Accountability Network (TAN)
16. Atty. Virginia S. Jose Citizens' Battle Against Corruption (CIBAC)
17. Mr. Joshua Mata Alliance of Progressive Labor (APL)
18. Mr. Alberto Lim Makati Business Club
19. Ms. Ellene Sana Center for Migrant Advocacy (CMA)
20. Ms. Ester Perez Tagle Concerned Citizens Against Pollution (COCAP)
21. Ms. Luz Malihiran Community Organizers Multiversity
22. Mr. Sammy Gamboa EU-ASEAN FTA Campaign Network-Philippines
23. Mr. Al Alegre Foundation for Media Alternatives (FMA)
24. Mr. Milo Tanchuling Freedom from Debt Coalition (FDC)
25. Ms. Judy Pasimio Legal Rights and Natural Resources Center - Kasama sa Kalikasan
26. Atty. Ma. Tanya Karina Lat; IDEALS, Inc.
Mr. Arnel Mateo
27. Mr. Jude Esguerra; Institute for Popular Democracy (IPD)
Mr. Doy Cinco
28. Mr. Ric Serrano La Liga Policy Institute
29. Mr. Rey Rasing Labor Education and Research Network (LEARN)
30. Atty. Farah Marie Decano Lady Local Legislators’ League of the Philippines, Inc. (Four-L Phils.)
31. Mr. Raymond Marvic C. Baguilat University of the Philippines - Law Student Government
32. Mr. Ed Mora Pambansang Kaisahan ng Magbubukid sa Pilipinas (PKMP)
33. Mr. Isagani Serrano Philippine Rural Reconstruction Movement
34. Ms. Annie Geron Public Services Labor Independent Confederation (PSLINK)
35. Mr. Carlos Magtolis, Jr. Siliman University – ASPAP
36. Ms. Evi-Ta Jimenez Center for People Empowerment in Governance
37. Mr. Joseph Purugganan Stop the New Round Coalition
38. Dr. Sixto K. Roxas Maximo T. Kalaw Institute for Sustainable Development
39. Mr. Ben-Hur Sacopla Southern Luzon State University ASPAP – Region IV
40. Ms. Eirene Aguila Team RP
41. Prof. Leonor M. Briones Social Watch Philippines
42. Ms. Mae V. Buenaventura Women’s Legal Bureau, Inc.
43. Ms. Jenina Joy Chavez Focus on the Global South – Philippines Program
44. Mr. Ramon Tuazon Philippines Communication Society
45. Ms. Ana Maria R. Nemenzo; WomanHealth Philippines
Ms. Mercedes Fabros
46. Dr. Buenaventura B. Dargantes Program on Integrated Water Resources
Management RDE, Institute for Strategic Research and Development Studies, Visayas State University
47. Mr. Boy Nuera Pandayan para sa Sosyalistang Pilipinas (PANDAYAN)
48. Mr. Roy Calfoforo People's Alternative Studies Center for Research and Education in Social Develoment (PASCRES)
49. Mr. Alain Pascua Katipunan ng mga Anak ng Bayan All Filipino Democratic Movement (KAAKBAY)
50. Mr. Horacio T. Cadiz The Philippine Network Foundation, Inc (PHNET)
51. Mr. Joe Valencia KASAPI-HELLAS
52. Mr. Nestor Villanueva Akbayan Greece
53. Mr. Sixto Donato Macasaet CODE-NGO
54. Mr. Jun S. Aguilar Filipino Migrant Workers
55. Mr. Pablo Rosales Progresibong Alyansa ng mga Mangingisda (PANGISDA)
56. Pambansang Katipunan ng Makabayang Magbubukid (PKKM)
57. Kilusan Para sa Pambansang Demokrasya (KPD)
58. Ms. Lourdes M. Tison Paghiliusa sa Paghidaet-Negros (PsPN)
59. Mr. Abby Y. Pato Task Force on Food Sovereignty Mindanao
60. Ms. Karen Tañada Gaston Z. Ortigas Peace Institute
61. Ms. Mardi Mapa-Suplido Negros Peace Watch
62. Dr. Jose Reuben Alagaran Philippines Communication Society
63. Ms. Aurora Regalado Management Organization for Development and Empowerment, Inc.
64. Mr. Ernesto Lim Jr. People’s Campaign on Agrarian Reform (AR NOW!)
65. Mr. Anthony Marzan KAISAHAN
66. Mr. Jesus Vicente Garganera Alyansa Tigil Mina
67. Ms. Luz Cabucos-Fegarido RSW
68. Ms. Maria Lisa Alano Alternate Forum for Research in Mindanao (AFRIM), Inc.
69. Dr. Jose Reuben Alagaran II Philippines Communication Society
70. Ms. Ma. Lourdes M. Tison Paghiliusa sa Paghidaet-Negros (PsPN)
71. Mr. Joel Saracho GCAP-Phils
72. Ms. Trinidad Domingo Pambansang Koalisyon ng Kababaihan sa Kanayunan
73. Mr. Richard Gutierrez Ban Toxics
74. Mr. Nonoy Oplas Minimal Government Thinkers
75. Mr. Harvey Keh Kaya Natin! Movement
76. Mr. Czarina Sacaguing Confederation of Student Government in the Philippines
77 Mr. Byron Abadeza Affiliated Network for Social Accountability in East Asia and the Pacific
78. Dr. Ma. Olivia Domingo Center for Leadership, Citizenship and Democracy, UP-NCPAG
79. Dr. Angelo Ramos Philippine Community e-Center Network
80. Ms. Mae Sabio Sulong CARPER
81. Mr. Diosdado Calmada PEACE
82. Ms. Lanie Factor Task Force Mapalad
83. Ms. Maris Dela Cruz - Cardenas EmPOWER Consumers
84. Mr. Wilson Fortaleza Partido ng Mangagawa
85. Atty. Elpidio Peria Third World Network
Vice Chairman, Social Concerns Committee, IBP South Cotabato – General Santos City Chapter
86. Prof. Gigi Francisco Miriam College - International Studies Department
87. Mr. Obet Pagdanganan Coalition for Health Advocacy and Transparency (CHAT)
88. Mr. Omi Royandoyan Centro Saka
89. Ms. Carolyn Arguillas MindaNews
90. Mr. Abner Francisco DXCA – FM
91. Ms. Florencia Casanova-Dorotan Women’s Action Network for Development
92. Ms. Violeta Corral Aksyon para sa Kapayapaan at Katarungan
93. Mr. Crispino Aguelo Pambansang Kilusan ng mga Samahang Magsasaka (PAKISAMA)
94. Ms. Michelle Domocol Visayas Climate Action Network
95. Judge Dolores L. Español (Ret.) Transparency International – Philippines
96. Mr. Roby Alampay Southeast Asian Press Alliance
97. Ms. Teresita Quintos Deles International Center on Innovation, Transformation and Excellence in Governance (INCITEGov)
98. Ms. Maita Gomez Bantay Kita
99. Mr. Rey Hulog Kapisanan ng mga Brodkaster sa Pilipinas
100. Mr. Jose Pavia Philippine Press Institute
101. Mr. Isagani Yambot Philippine Daily Inquirer
102. College Editors Guild of the Philippines
103. Ms. Emy M. Santos National Confederation of Cooperatives (NATCCO)
104. Ms. Tes M. Borgoños Manggagawang Kababaihang Mithi ay Paglaya (MAKALAYA)
105. Ms. Marilyn Fuentes National Union of Building and Construction Workers (NUBCW)
106. Atty. Michael Yu Integrated Bar of the Philippines- Cebu City Chapter
107. Dr. Prospero E. de Vera National College of Public Administration and Governance, University of the Philippines
108. Sylvia Estrada Claudio, M.D. PhD. Center for Women’s Studies, University of the Philippines
109. Mr. Viktor Samuel Fontanilla UP ALYANSA
110. Ms. Anna Luz Lopez UP BUKLOD CSSP
111. Mr. Jeffrey Crisostomo AKBAYAN Youth - UP Diliman
112. Ms. Susan Ople Blas Ople Foundation
113. Mr. Romeo Cabugnasan Alyansa ng Maralitang Pilipino
114. Initiative for International Dialogue

Workers protest SSS fund diversion for GMA stimulus plan

Manila - Members of the party-list group Partido ng Manggagawa (PM) picketed the main office of the Social Security System in protest at the plan of SSS President Romulo Neri to channel P12.5 billion of SSS funds to the economic stimulus package of the Arroyo administration.
Chanting “Neri, Gloria: Hands off our funds!” and “Additional workers benefits not more GMA projects is the right stimulus plan!” some 50 workers from PM gathered at the East Avenue office of SSS around 10 a.m.
Renato Magtubo, PM chairperson, argued that “It is not just illegal but illegitimate for Neri to divert billions in SSS funds to infrastructure projects that will benefit capitalists first and workers last, if at all. A pro-labor stimulus plan must put money in workers hands through additional SSS benefits for workers, including an unemployment subsidy for displaced SSS members.”
The group also revealed that they are studying the option of filing a class suit of SSS members against Neri for the alleged fund diversion. The workers also voiced support for Senate Resolution 850 directing the committee on government corporations and public enterprises to investigate the plan to channel the P12.5 billion for the government’s "economic resiliency plan."
Among the protesters were workers who are SSS members with complaints about their benefits. Among them is Tomas Piroy, a resident of Tanza, Cavite but who works as a security guard in Paranaque. Piroy recently secured a loan from SSS but objects to the P200 service charge automatically deducted from his loan. “The SSS is our money yet we are charged for accessing our benefits,” Piroy stated.
Dennis Sequena, leader of PM in Cavite raised the prospect that due to the lack of transparency and corruption in the administration, “Workers funds might be used for the electoral campaign of the regime-backed candidates if not of GMA herself in Pampanga. Neri is apparently confused that as administrator of the SSS money his real boss is the workers who have put their hard-earned money in the insurance fund not GMA who wants to dip her hands in the piggy bank of the working class.”
He added that “If instead of funding infrastructure projects, the P12.5 billion in SSS funds is used as unemployment subsidy for workers laid off due to the economic crisis, then some 200,000 will benefit. This will be enough to cover the 40,000 laid off, according to the conservative figures of the DOLE, since the start of the global recession and the tens of thousands more to be displaced in the coming months and years as the economic crisis shows no sign of abating.” PM is pushing for an unemployment subsidy at the minimum wage rate of P10,000 for up to six months for workers who are recently displaced. With reports from Partido ng Manggagawa, Yuen Abana @ 09162811934.