Beyond the Letter of the Law

The recent filing of two separate Freedom of Information (FOI) ordinances in the Iloilo City Council is a welcome, if complicated, development. On one hand, it signals a legislative recognition that the public’s right to know must be institutionalized. On the other, it arrives under a cloud of public suspicion, fueled by City Hall’s baffling refusal to release documents on two controversial projects: the PHP 4.1-million overpass improvement and the nearly PHP 800,000 waiting shed.

City Hall’s justification for this secrecy has been the Data Privacy Act of 2012, an excuse that is not just weak, but wrong. As former finance undersecretary Dr. Cielo Magno and former COA Commissioner Heidi Mendoza have unequivocally stated, documents pertaining to the use of public funds are, by their very nature, public information. Taxpayers’ money is not a private matter. Citing data privacy to conceal a public works contract is like using a fire blanket to hide a smoldering fire; it doesn’t extinguish the problem, it only raises more questions about what’s being hidden. This obstinance is precisely why an FOI ordinance is no longer a “nice-to-have” but an absolute necessity. Privacy is a shield for the citizen, not a sword for the state to wield against them.

With this urgency established, the Sangguniang Panlungsod now faces a critical test. The emergence of two competing ordinances – one from Councilor Sheen Marie Mabilog and another from Councilor Jose Maria “Nene” Dela Llana – risks turning this vital initiative into a political football. The question is no longer if we need an FOI law, but what kind of law we will get. Will it be a robust mechanism with clear timelines, minimal exceptions, and an independent appeals process? Or will it be a diluted version, riddled with loopholes and designed more for political credit than for genuine public service?

Our councilors must rise above partisanship. They must consolidate these two proposals into a single, potent ordinance that serves the people of Iloilo, not political ambition. Let this not be a “faceoff,” but a collaboration. Legislation must be above flavors and preferences; it must be founded on principles, evidence, and the common good.

Ultimately, however, even the most perfectly worded ordinance is not enough. A law is merely a tool; it is useless without the will to use it correctly. True transparency is not about reluctantly complying with requests. It is a fundamental shift in the culture of governance – a move from a default of secrecy to one of proactive disclosure. It is the belief that government has a duty not just to answer questions, but to provide information before the questions are even asked.

The passage of an FOI ordinance will be a victory, but the real work begins the day after. The true measure of our city’s commitment to good governance will be seen in the enthusiastic implementation of this law, a clear signal that our leaders serve not their own interests, but the public’s unwavering right to know.