Andrew Jan M.

Nacita CONSTI 2
11880457

The Right to Information in Connection with Senate Bill 1172 and R.A 10173

Freedom to Information is one of the most basic, yet fundamental right afforded by the
state to its citizens. This is enshrined in Section 7 of the 1987 Constitution which states that: “The
right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining to official acts, transactions, or decisions,
as well as to government research data used as basis for policy development, shall be afforded the
citizen, subject to such limitations as may be provided by law.” 1 As stated in the provision,
Freedom to Information allows access to the general public to governmental related documents,
records or data upon request.

In connection with what the constitution states, Senate Bill 1172, otherwise known as the
Freedom of Information Act of 2016 in which it is still subject to further hearings and approval of
the president2, recognizes that the Filipino people has the right to information relating to public
concerns.3 In line with this, the bill argues that such right to information is an indispensable right
in order for the Filipino citizen to exercise their right and their organizations to an effective and
reasonable participation at all levels of social, political and economic decision making. 4.
Additionally, the bill states that every Filipino citizen has a right to and upon request, be given
access to any record under the control of a government agency5. Likewise, government officials
and agencies shall have the duty to disclose and make available for scrutiny, copying, and
reproduction in the manner provided by the bill6. The bill also states that there should be a legal
presumption in favor of access to information7. Nevertheless, the freedom of information is not
absolute, there clearly should be exceptions in which a Filipino citizen upon request of a document
or any other information, are not allowed to obtain the bill enumerates this. Some of the exceptions
are as follows: (1) Information that are specifically authorized to be kept secret under guidelines
established by an executive order which may be related to the national security of defense, or that
it is related to the foreign affairs of the Republic of the Philippines which may seriously jeopardize
the diplomatic relations of the Philippines with other states, (2) Information relating to record of
minutes and advice given and opinions expressed during decision-making invoked by the Chief
executive, (3) Information relating to drafts of bills and resolutions, (4) Information pertaining to

1
CONST. (1987), Art III, Sec. 7
2
Id. Art VI, Sec 26, Par. (2)
3
S.B. No. 1172, 17th Cong., 1st Sess. 2016
4
Ibid.
5
Ibid.
6
Id. Sec. 5
7
Id. Sec. 6

1
trade secrets and commercial or financial information or intellectual property, and (5) Information
requested is exempted by law or the Constitution8.

The bill also discusses entities which are subject to provide public and easy access to the
people on information pertaining to such entities. National Officials such as the President and the
Vice-President should publish in their websites of their respective offices their Statement of
Assets, Liabilities, and Net Worth (SALN) on an annual basis 9. Likewise, agencies and the
branches of government update in their respective websites information in which the public might
be interested in. Government agencies shall regularly publish, print and disseminate at no cost to
the public, in an accessible form, and through their website, timely true, accurate and updated key
in information10. Any public officers who are neglectful of their duty in accordance with this bill
may be subject to be liable administratively or criminally11. However, denial to provide such
information to a citizen provided that it is done in good faith is not a ground for liability12.
Furthermore, the bill enumerated the Freedom of Information Manual in which the government
agencies shall follow and the Procedure of Access which provides the process for any person
desiring to obtain information from public documents13. Government agencies should charge
reasonable fees to reimburse the actual cost of reproduction, copying or transcription and the
communication requested14. Lastly, for the purposes of streamlining requests for information, once
an information has been made available to an individual through request, the said information
should be published in an appropriate website thus allowing public access to all information that
has been requested15.

In comparison, Republic Act 10173 otherwise known as The Data Privacy Act of 2012
aims to protect the privacy of individuals while ensuring free flow of information, regulate the
collection, recording, organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of personal data and ensures that the Philippines
comply with the international standards set for data protection through National Privacy
Commission (NPC)16. In other words, the Act protects an individual’s personal information and
upholds the right to privacy by regulating the process of personal information. The Act applies to
the processing of all types of personal information and to any natural and juridical person involved
in personal information processing17. In contrast with S.B 1172 which states that the public shall

8
Id. Sec. 7
9
Id. Sec. 9
10
Id. Sec. 10
11
Id. Sec. 14
12
Id. Sec. 16
13
Id. Sec. 17
14
Id. Sec. 19
15
Id. Sec. 27
16
Philippines, Data Privacy Act of 2012 , <https://www.privacy.gov.ph/data-privacy-act-
primer/?fbclid=IwAR244SJpqhPcgnOdq_-82JSMWTZ_VdmqVPDl9NxbIDqH60AdILkZE5DPFRE > March 3, 2019
17
Id. Sec. 3

2
have access to information or documents relating to “public concerns”, this Act is a limitation to
the said bill as it aims to protect “personal information” as a fundamental right of privacy. In
addition, the Act also discussed the function of the National Privacy Commission and stated that
its function is to administer and implement the provisions of the Act and monitor and ensure
compliance. Likewise, the Act discusses the processing of personal information, the criteria for
possession of such information, and the subcontract of personal information18. Lastly, the Act also
discussed the rights of the data subject19 and the security of personal information20.

In conclusion, the right to information is one of the most fundamental right a citizen has
and is capable of being exercised as seen and enshrined in our Constitution, the Senate Bill 1172
and Republic Act 10173. However, the right to information is not absolute. If it concerns national
security, defense and personal information in the government and the private sector, one can be
denied of acquiring such information. There are always certain limitations as to what the citizens
can do as the state deems so. All that the state guarantees, under the constitution, is that even
though all the citizen have equal rights in terms of our most basic rights such as the freedom of
speech, expression, and information, the state cannot help itself but to put limitations in order for
the citizens not to abuse such right.

18
Id. Sec. 7
19
Id. Sec. 16
20
Id. Sec. 20