FOI FACEOFF: After Mabilog, Dela Llana also files another FOI ordinance

By Rjay Zuriaga Castor

Councilor Nene Dela Llana has filed a new Freedom of Information (FOI) ordinance before the Sangguniang Panlungsod, just a week after opposition Councilor Sheen Marie Mabilog filed a similar measure.

Dela Llana’s proposed ordinance, titled “An Ordinance Operationalizing the FOI in the City Government of Iloilo, Creating the Central Appeals and Review Committee (CARC),” aims to institutionalize transparency and accountability in the city government through the local implementation of the FOI policy.

Mabilog’s ordinance, passed on first reading last week, is titled “An Ordinance Operationalizing the People’s Right to Access Information and Establishing a Mechanism for the Disclosure of Public Records in Iloilo City, and Providing Funds and Penalties for the Violation.”

Dela Llana’s measure outlines the procedures and mechanisms for requesting, processing, and disclosing government records while setting limits through legally recognized exceptions.

A major feature of the ordinance is the creation of a CARC, chaired by the city mayor, which will handle and resolve appeals in cases where access to information is denied.

The CARC will also assess the implementation of FOI policies, conduct hearings, and recommend improvements to strengthen transparency measures across city departments.

The ordinance specifies several exceptions to disclosure, including information related to national security, executive privilege, law enforcement, personal privacy, and confidential records.

It also allows the city mayor or other competent authorities to classify certain documents as confidential when public release may harm local or national security.

To facilitate implementation, an FOI Desk will be established under the Office of the City Mayor to serve as the central receiving and releasing point for all FOI requests.

The Data Assessment and System Management Office will function as the FOI Operations Office by providing technical assistance and monitoring compliance.

Each city government department will also be required to designate an FOI Decision Maker responsible for evaluating requests and granting or denying access to records.

The ordinance sets clear procedures for filing FOI requests, requiring citizens to submit a formal request to the FOI Desk, which will acknowledge receipt and forward the request for processing.

Simple requests must be completed within 15 working days, while complex cases may be extended for up to 20 additional days.

Denied requests can be appealed to the CARC, which must issue a decision within 30 working days.

The CARC will also formulate a comprehensive FOI Manual of Operations to guide the systematic and transparent implementation of the measure.

Failure to comply with the provisions of the ordinance will carry administrative penalties, ranging from reprimand for the first offense, suspension for the second, and dismissal for the third.

MABILOG’S PROPOSAL

Mabilog’s proposed FOI ordinance is her first proposed ordinance approved for first reading.

Among the salient features of her ordinance is that citizens may file written or electronic requests or submit them through the designated FOI Receiving Officer (FRO).

The office concerned must acknowledge receipt within one working day and respond within 15 working days, extendible for another 20 days with written justification.

The ordinance also enumerates exceptions where access to information may be denied, including matters involving national security, executive privilege, data privacy, bank secrecy, and ongoing criminal investigations.

A Registry of FOI Requests will also be maintained by all city offices to record the date of request, requester’s name, subject matter, and action taken.

The City Information Office will consolidate these records quarterly for monitoring and reporting purposes.

In case of denial, the requester may appeal to the city mayor within 15 working days, and the mayor must resolve the appeal within 30 working days.

The measure also provides administrative sanctions for public officers who unjustifiably deny access, delay responses, or conceal information, in accordance with Civil Service rules, without prejudice to civil or criminal liability.

THE NEED FOR FOI

The move to pass an FOI ordinance comes amid earlier claims that City Hall has been dragging its feet in responding to FOI requests related to two controversial infrastructure projects.

The projects in question, implemented under former Mayor Jerry Treñas, are the ongoing PHP 4.1-million improvement of the pedestrian overpass along Diversion Road in Barangay San Rafael, Mandurriao, and the completed waiting shed in Barangay Katilingban, Molo, which cost nearly PHP 800,000.

Despite repeated requests from various Iloilo media organizations since late September, the City Engineer’s Office (CEO) has yet to release the procurement documents, particularly those of the waiting shed.

The city government cited the Data Privacy Act in not outrightly giving the documents of the projects.

Iloilo City currently has no Freedom of Information ordinance, leaving citizens and stakeholders with no guaranteed legal access to government-held information.

Dr. Cielo Magno, former undersecretary of the Department of Finance, said City Hall’s use of the Data Privacy Act is baseless.

“All government information is public information, so I don’t think the local government can invoke the Data Privacy Act in this case,” she said in an interview on October 18.

“The public is entitled to have a copy of the contract and the total budget that was used to construct these two projects. There’s no space for data privacy in this case,” she added.

Magno stressed that when the city government tries to conceal some of the information, it reduces transparency, which is crucial for public scrutiny, accountability, and trust in governance.

“When there’s an attempt to conceal information, then there’s an attempt to—or it increases the likelihood of—corruption,” she emphasized.

Former Commission on Audit Commissioner Heidi Mendoza added that data privacy cannot be applied because these are public information, and even the Constitution guarantees citizens access to information.

Mendoza explained that the situation is different when there is a fraud investigation report, where certain information may be redacted.

“But if this is a contract and it shows a design, it speaks about how the city, who is entrusted with the people’s money, disposed of the public funds. I don’t understand why they are citing data privacy,” she said.