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!
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