Lawmakers decry FOI exemption on police operations

MANILA, Philippines — Militant lawmakers decried a provision in the Freedom of Information (FOI) bill that exempts from disclosure all information that would compromise police operations against criminal activities.

This as the public information committee hearing on Monday approved the exemption on information that “unduly compromise or interfere with the prevention, detection or suppression of criminal activity, the effective implementation of immigration controls and border security.”

During the technical working group hearing, Bayan Muna Representative Carlos Zarate said the provision is too “broad” for a full disclosure bill.

INQUIRER FILE PHOTO

He cited the pork barrel investigation by the National Bureau of Investigation (NBI) of which information may no longer be disclosed due to the exemption.

“So the NBI can invoke that they cannot disclose information because they can always say they have yet to conclude investigation?” Zarate said.

ACT Teachers Rep. Antonio Tinio also said it gives a “blanket exemption to all activities of police, immigration and border security agencies.”

“It is unacceptable for the FOI to place these agencies beyond the right to information,” Tinio said.

Akbayan Rep. Barry Gutierrez disagreed with the two, saying the provision would protect a person from trial by publicity.

“If it is disclosed to the public, (there could be) disadvantages to a person who is ultimately innocent… It could lead to trial by publicity which we want to avoid here,” Gutierrez said.

Zamboanga City Rep. Celso Lobregat added that the provision is “important… so that the person being tried has a right to a fair trial.”

Even committee chairman Misamis Occidental Rep. Jorge Almonte said the exemption is necessary because “government should also protect that right (to fair trial).”

For his part, Police Chief Superintendent Generoso Cerbo Jr., who is Deputy Director for Intelligence Operations, said it is important to exempt information that would compromise their operations.

“(These information) may compromise operation that would endanger the lives of our police force and our citizens,” Cerbo said in Filipino.

The House is stuck at Section 7 of the FOI, of which as much as 24 versions would need to be consolidated by the technical working group.

The FOI bill, which ensures transparency and accountability in government transactions and data, continue to languish in the lower chamber even as its Senate counterpart has approved its version.

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