Statement of the Problem. This study features a problem revolving around the lack of access to public information in the City Hall of Manila, Republic of the Philippines. Such is a potential catalyst of corrupt practices, which leads to human rights violations. The absence of a law enabling the public to access information on public concerns serves as the main reason for said problem, despite the existence of a relevant express provision in the 1987 Constitution of the Republic of the Philippines.
History of the Problem. The Republic of the Philippines is a democratic nation in Southeast Asia. Its Constitution, ratified in 1987, characterizes the fundamental democratic values it observes. However, there is a general understanding in any given setting that principles existing in paper may not be necessarily consistent in practice. In the Philippines, one such problem revolves around the lack of access to public information, particularly in the local setting.
The City Hall of the capital city of the Philippines – Manila, exhibits the foregoing problem. Its Public Information Office does not release all of the City Hall’s public information. Such is a dangerous front that conceals potentially corrupt practices in the city government – a problem that extends to the rest of the Philippines. The 1987 Constitution, under Section 7 of Article III (Bill of Rights), does recognize the people’s right to access public information subject to the parameters of relevant laws, but the lack of an enabling national law provides for the problem at hand. While such law is currently under deliberation, it is still pending up to this day.
Issues. Verily, this problem has three issues at hand: (1) inaccessibility of public information, (2) lack of initiative from the local government (City of Manila) and (3) resultant corruption, which paves way for human rights violations. This study recognizes freedom of access to public information as an effective deterrent to corruption – a problem that hinders the smooth flow of democratic processes.
Complicating Factors. Corruption complicates the main problem in this study. Employees in the City Hall of Manila would readily use the predicament that there is no existing enabling law requiring them to release any sort of public information. Hence, the lack of an enabling law incentivizes those employees to engage in corrupt practices rather than start any formidable initiative.
Possible Solutions. According to Hammarberg, advancing the cause of propagating human rights should start at the local level, as the local officials’ proximity to their constituents could foster constructive relations. In this study, the City Hall of Manila’s denial of access to public information is a violation of the nation’s Bill of Rights, which is adherent to the basic principles of human rights. A misinformed public breeds corrupt public officials, hence it is important to observe the following solutions:
- Congress must approve an enabling law on maintaining the right to public information access, complete with rules, incentives and punishments.
- The local government should come up with their own initiatives in consonance to Article III, Section 7 of the 1987 Constitution, in order to maintain transparency and accountability against corruption through granting people free access to information.
- Various organizations should empower and inform citizens on the importance of maintaining free access to public information, may it be in the form of formal education, seminars and the like.
Recommendation. Of the three possible solutions previously mentioned, the third one stands as the most practical choice for the status quo. Given the uncooperativeness of employees in the City Hall of Manila, it is important for organizations – grassroots, non-government organizations and the like, to take on their own initiatives so that the issue could gain a greater sense of activism. In that way, they could inflict pressure on the government – City Hall employees and Congress alike.
Bibliography
“An Act Implementing The Right Of The People To Information On Matters Of Public Concern Guaranteed Under Section Seven, Article Three Of The 1987 Constitution And The State Policy Of Full Public Disclosure Of All Its Transactions Involving Public Interest Under Section Twenty-Eight, Article Two Of The 1987 Constitution, And For Other Purposes.” YONIP. Last accessed December 21, 2012. http://www.yonip.com/archives/misc/misc-00081.html
“1987 Constitution of the Republic of the Philippines.” Chan Robles Virtual Law Library. Last accessed December 21, 2012. http://www.chanrobles.com/article3.htm#.UNPWRkyanII.
Thomas Hammarberg. “Think Globally, Act Locally - For Human Rights.” Council of Europe – Commissioner for Human Rights. Last modified February 3, 2009. http://www.coe.int/t/commissioner/Viewpoints/090302_en.asp.
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