Federalism. Yey or Ney?

            One of the flagship programs espoused by the Duterte- Cayetano tandem during the 2016 election was the shift in the form of government, from democracy to federalism.  Even vice presidentible Bongbong Marcos was pushing for it saying that it grants more freedom of governance to the regions or provinces.  While other candidates were against it saying that this will only promote further inequalities.  But the question that might be in everyone’s mind is: What is federalism and what are the advantages and disadvantages of this form of government?

            Let us first start with the definition of FEDERALISM.  According to Daniel J. Elazar in his book Exploring Federalism,

  Federal principles are concerned with the combination of self-rule and shared rules.  Federalism involves the linking of individuals and polities in lasting but limited union.  As a political principle federalism has something to do with the constitutional diffusion of power.

                        In a published on Rapple.com written by Pia Ranada and Nico Villarte published on January 31, c 2016, they defined federalism as:

 a form of government where sovereignty is constitutionally shared between a central governing authority and constituent political units called states or regions.

In basic terms, it will break the country into autonomous regions with a national government focused only on interests with nationwide bearing: foreign policy and defense, for example.

            This means that each sub region or state would have its own laws to implement and one central government can then focus on bigger and national issues.  Local governments or state government can then implement localized laws that will be truly responsive to their needs or their place and people such as laws on education, public safety, transportation and other concerns of the state or region.

As to the advantage of the said form of government, John Kincaid cited some them in in an article entitled, “Economic Policy- making: Advantages and Disadvantages of the Federal Model, published on March 2001:

key advantages of a democratic federation include (1) more efficient provision and production of public services tailored to the diversity of citizen and communal preferences; (2) increased competition, experimentation, and innovation in government; (3) greater responsiveness to citizen preferences, especially insofar as regional and local governments have the authority and ability to respond to those preferences; (4) more transparent and close-to-the-citizen accountability in policy-making.( Kincaid, J. (2001), Economic policy-making: advantages and disadvantages of the federal model. International Social Science Journal, 53: 85–92. doi:10.1111/1468-2451.00296.

The cited material also means that with federalism the citizens may have the power to truly participate in law making and thus the laws are them more suited to their needs.

According to Dr. Dianne Berman of Santa Monica College, the advantages of federalism include the ability to experiment with policy, meaning the various states can enact laws depending on their needs and may choose to review, amend o scrap the law if need be. 

Another advantage is the empowerment of local government, and opportunities for direct democracy and decentralization of power. Decentralization of power is usually referred to as the transfer of powers from central government to lower levels in a political-administrative and territorial hierarchy (Crook and Manor 1998, Agrawal and Ribot 1999)

However, all policies or forms of government also have disadvantages. One of the disadvantages of federalism is that there is not control of the wealth or resources of the state or province. As stated in http://occupytheory.org/federalism-pros-and-cons-list/:

Probably one of the biggest cons to federalism is the wealth factor. For example, states with national monuments such as the Grand Canyon in Arizona draw in a lot of tourist, which draws in more money than other states. Federalism keeps money within the states, so basically wealthy states get richer, and poorer states may end up in poverty one day. The gap between rich and poor grows more and more every year as well.

            When we localize the cited explanation, provinces with low incomes will be having a hard time to come up with programs for further development.  And those who do have high incomes will only continue to get richer.  The resources are not allocated to those who really need it.

            Another disadvantage with this form of government concerns conflict in authority:

                 Sharing of power between the center and the states includes both advantages and disadvantages of a federal organization. Sometimes there can be overlapping of work and subsequent confusion regarding who is responsible for what. (http://www.buzzle.com/articles/advantages-and-disadvantages-of-federalism.html)

            This may be a problem when it comes to responding to emergencies since there would be confusion as to who should do what needs to be done and eventually ending with no one taking the responsibility for it which may cost lives or property.

            The third disadvantage of federalism was identified in http://australianpolitics.com/democracy/key-terms/federalism which stated that federalism can lead to duplication of government and inefficient, over-lapping or contradictory policies in different parts of the country.  In the Philippines this may be exemplified with rules or ordinances implemented throughout the country.  One concrete example of this revolves around traffic rules.  What might be a traffic offense in one place may not be considered as a traffic offense in another hence causing confusion and conflict.

            Another disadvantage is that it may cause or intensify regionalism among the different states or regions that we have. As state in http://www.buzzle.com/articles/advantages-and-disadvantages-of-federalism.html: It can make state governments selfish and concerned only about their own region's progress. They can formulate policies which might be detrimental to other regions.  Like for example, officials may approve the creation of a dam or irrigation system for their farmers but this may mean that the neighboring regions may experience water shortage and hence affect their agriculture.

            The change in the form of government is a very serious issue since it will totally change how the citizens work with the government and also affect the services that the government will be giving its citizenry.  Therefore, carefully analysis of its procedures, policies, advantages and disadvantages should be undertaken.

           

The DICTate of the Times

            The term global village has often been used to refer to an interconnected world where communication and convergence is made possible through one click, or one application, where we are no longer strangers and logistical boundaries are blurred.

            Thanks to technology, communication had been made very easy.  Telephones, internet, smart phones has made it easier for people to talk to even those who are on the other side of the world.  

            The need to be connected to people and the need to be updated  with what’s going on around us and in the lives of the people  that mattered to us made the Filipinos hungry consumers of Information and Communications Technology.  Cellular phones and laptops used to be exclusively owned and utilized by those in the business industry,  but today, nearly everyone has a cellular phone or sometimes even two, people have access to the internet and the computer has become as important as the light bulb in many households in the Philippines.

            During the onslaught of Typhoon Yolanda, searching for surviving victims was made easier through technology, so did the appeal for help and calling out to their relatives to tell them that they survived.  Expressions of disgust or support to/for  certain administration/s were also made easier through the social media and the internet. The call to mobilize and act was also facilitated through technology. 

            In our country, communication was made more accessible, enjoyable and convenient and personalized through the investment of two major telecommunications companies – Smart and Globe.  They control majority of  the telecommunication lines and provide internet connections to 37.8% of our population.

Smart Communications, Inc. (Smart) is a wholly-owned subsidiary of Philippine Long Distance Telephone Company and is the Philippines’ leading wireless services provider with 68.9 million cellular and broadband subscribers as of end 2015.

Smart has built a reputation for innovation, having introduced world-first wireless offerings such as Smart Money, Smart Load, Smart Padala, and the Netphone. Smart offers 3G, HSPA+, and LTE services, while its Smart Satellite service provides communications to the global maritime industry( http://smart.com.ph/About/meet/corporate-profile).

Globe Telecom Incorporated is the number one mobile brand in the Philippines and the purveyor of the Filipino digital lifestyle. They provide cellular, broadband and mobile data services by focusing on enriching their content offerings amid customers' growing preference for multimedia platforms across multiple screens and devices( http://www.globe.com.ph/about-globe/corporate-info).

With the continuous development of communication technology and the continuous duopoly of the said companies, there is felt need for a governing body to set regulations or guidelines on the proper use of this technology to maximize its potential, develop the ICT industry and to make sure that infrastructure are in place for the maximum utilization of ICT and to make sure that the Filipino citizens get the total value for their money.  

The creation of the Department of Communication and Information Technology has been met with a lot of issues, one of which is on why there is need for such a new department knowing that its functions have already been designated to different offices under various departments. However, the issue is not whether there is a need for this department or not but an issue on how to make it function properly. Thus, during the Aquino Administration, the Department of Communication and Information Technology was made into a law last May 23, 2015. Its mandate is to be the primary policy, planning, coordinating, implementing and administrative entity of the Executive Branch of the government that will plan, develop, and promote the national information communication technology development agenda.  It is guided by its mission: 

To provide leadership, direction and coordination in the development, implementation and use of ICT for socio-economic development and for delivery of public service to digitally empowered citizens.

RA 10844 (Department of Information and Communications Technology Act of 2015)

states that:

 information and communication have vital roles in nation-building and that it is the state’s policy to ensure universal access to quality, affordable, reliable and secure ICT services. It should also ensure the provision of a strategic, reliable, cost-efficient and citizen-centric information and communications technology infrastructure, systems and resources as instruments of good governance and global competitiveness.

            The ratification of the Department of Information and Communication Technology into a law does not aim to control the use of communication technology but rather set up a common guideline and to make sure that there is continuity and consistency in its programs after this administration; like in the case of the Information Communication Technology Office under the Department of Science and Technology which with the enacted of the law is now house permanently in this newly- created department.  The Department has the following duties:

(a) To recognize the vital role of information and communication in nation-building;

(b) To ensure the provision of strategic, reliable, cost-efficient and. citizen-centric information and communications technology (ICT) infrastructure, systems and resources as instruments of good governance and global competitiveness;

(c) To ensure universal access to quality, affordable, reliable and secure Id’ services;

(d) To promote the development and widespread use of emerging ICT and foster and accelerate the convergence of ICT and ICT-enabled facilities;

(e) To ensure the availability and accessibility of ICT services in areas not adequately served by the private sector

(f) To foster an ICT sector policy environment that will promote a broad market-led development of the ICT and ICT-enabled services (1CT-ES) sectors, a level playing field, partnership between the public and private sectors, strategic alliance with foreign investors and balanced investments between high-growth and economically-depressed areas;

(g) To promote and assist the development of local ICT content, applications and services which may include support for ICT-based start-up enterprises through strategic partnerships;

(h) To promote the use of ICT for the enhancement of key public services, such as education, public health and safety, revenue generation, and socio-civic purposes;

(i) To encourage the use of ICT for the development and promotion of the country’s arts and culture, tourism and national identity;

(j) To promote digital literacy, ICT expertise, and knowledge-building among citizens to enable them to participate and compete in an evolving ICT age:

(k) To empower, through the use of ICT, the disadvantaged segments of the population, including the elderly, persons with disabilities and indigenous and minority groups;

(l) To ensure the rights of individuals to privacy and confidentiality of their personal information;

(m) To ensure the security of critical ICT infrastructures including information assets of the government, individuals and businesses; and

(n) To provide oversight over agencies governing and regulating the ICT sector and ensure consumer protection and welfare, data privacy and security, foster competition and the growth of the ICT sector.

With regards to policy and planning,  the law says:

 I. Policy and Planning

(a) Formulate, recommend and implement national policies, plans, programs and guidelines that will promote the development and use of ICT with due consideration to the advantages of convergence and emerging technologies;

(b) Formulate policies and initiatives, in coordination with the Department of Education (DepED). The Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA), to develop and promote ICT in education consistent with the national goals and objectives., and responsive to the human resource needs of the ICT and ICT-ES sectors;

(c) Provide an integrated framework in order to optimize all government ICT resources and networks for the identification and prioritization of all E-Government systems and applications as provided for m the E-Government Masterplan and the Philippine Development Plan (PDP);

II. Improved Public Access

(d) Prescribe rules and regulations for the establishment, operation and maintenance of ICT infrastructures in unserved and underserved areas, in consultation with the local government units (LGUs), civil society organizations (CSOs). private sector, and the academe;

(e) Establish a free internet service that can be accessed in government offices and public areas using the most cost-effective telecommunications technology, through partnership with private service providers as may be necessary;

III. Resource-Sharing and Capacity-Building

(f) Harmonize and coordinate all national ICT plans and initiatives to ensure knowledge, information and resource-sharing, database-building and agency networking linkages among government agencies, consistent with E-Government objectives in particular, and national objectives in general;

(g) Ensure the development and protection of integrated government ICT infrastructures and designs, taking into consideration the inventory of existing manpower, plans, programs, software, hardware, and installed systems;

(h) Assist and provide technical expertise to government agencies in the development of guidelines in the enforcement and administration of laws, standards, rules, and regulations governing ICT;

(i) Assess, review and support ICT research and development programs of the government in coordination with the Department of Science and Technology (DOST) and other institutions concerned;

(j) Prescribe the personnel qualifications and other qualification standards essential to the effective development and operation of government ICT infrastructures and systems;

(k) Develop programs that would enhance the career advancement opportunities of ICT workers in government;

(l) Assist in the dissemination of vital information essential to disaster risk reduction through the use of ICT:

(m) Represent and negotiate for Philippine interest on matters pertaining to ICT in international bodies, in coordination with the Department of Foreign Affairs (DFA) and other institutions concerned;

IV. Consumer Protection and Industry Development

(n) Ensure and protect the rights and welfare of consumers and business users to privacy, security and confidentiality in matters relating to ICT, in coordination with agencies concerned, the private sector and relevant international bodies;

(o) Support the promotion of trade and investment opportunities in the ICT and ICT-ES sectors, in coordination with the Department of Trade and Industry (DTI) and other relevant government agencies and the private sector;

(p) Establish guidelines for public-private partnerships in the implementation of ICT projects for government agencies; and

(q) Promote strategic partnerships and alliances between and among local and international ICT, research and development, educational and training institutions, to speed up industry growth and enhance competitiveness of Philippine workers, firms, and small and medium enterprises in the global markets for ICT and ICT-ES.

The new law defines information and communications technology as “the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information.”

When this was signed into law, it was hoped that government related transactions will be done faster and more efficiently.  Among the government-related functions which are expected to benefit from this is the processing of permits, licenses and titles since they can already be processed online. Long lines and endless cues will hopefully be a thing of the past.

The Philippines was among the first to adopt e- government incentives or policies that pushed for online processing of  documents so as to reduce processing time and hasten government processes  and services.  However, even if we stated early on as compared with other countries, we have fallen behind in the maintenance of online processing due to a lot of factors like lack of infrastructure, equipment and know-how.

The new office is also tasked with widening the use of IT throughout the country and is expected to make free internet available in public spaces and government buildings.  This department is not only tasked to provide internet access to more people but will also look into reasons why we have the most expensive internet service and yet it is also one of the slowest in Asia. Its aim was not to be the third player in the telecommunication business, providing faster and cheaper internet services to  more users, but to be a constant evaluator of the kind of services we receive from  the telecommunication companies hence sending a clear message to the telecommunication companies that even though they may be the only options that we have as of the moment, it is also their duty to NOT  abuse this duopoly. 

According to Department of Information and Communication Technology, Rodolfo Salalima, “The purpose of this is in effect to create infrastructure by government not necessarily for the government to compete with telcos, because the government simply cannot.”

It will also look at ways to improve IT infrastructure that is crucial to different sectors, notably Business Process Outsourcing Industry. The industry of the business processes outsourcing is one of the leading revenue earners in the country which is estimated to earn around 1 billion pesos by the end of 2017.  Through this law, infrastructure support and even legal support may be afforded the BPO industry to help it in its development thus creating more jobs.

The DICT is also mandated to formulate and implement policies that will promote the development and use of ICT, establish a free internet service that can be accessed in government offices and public areas, and protect the rights and welfare of consumers and business users to privacy, security and confidentiality in matters relating to ICT, among others.

The establishment of the Department of Information and Communications Technology has been long awaited since the country needs a powerful governing body to oversee the development of its ICT industry and infrastructure and to hopefully break the duopoly in the telecommunication industry or if not at least to make them conform to basic requirements. With its current leadership, a lot is expected from the department especially when it comes to providing better internet services.  It is hoped that the current administration will prioritize the ICT industry in terms of  budget allocation and policies.

MY FYI on FOI

Every citizen of any country in the world has a duty to make informed choices about what would be good or better for himself/ herself as an individual for his/ her own country.  This maybe in the form of casting votes for deserving candidates or sponsoring programs of the community or actively participating in programs and policies of other non-governmental organizations or advocate groups.

However choices and decisions should be based on one’s access to information and hence knowing vital facts about certain issues lead to informed choices and sound decision making. The right to information is stated both in Article 19 of the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights.  According to the mentioned laws/ covenant:

Everyone shall have the right to freedom of expression; the right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice

The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities.  It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

For respect of the rights and reputation of others

For the protection of national security or of public order or of public health or morals

The need for the access to information is not a new issue.  Countries around the world have already made laws or decrees to make sure that their citizens have access to information pertinent to their decision making and policy building.  The first country to grant this was Sweden in 1776, back when the people clamored for the right to know the facts held by the king.  Followed by Finland in 1953 then the United States followed due to the need for access to information brought about by the Watergate Scandal.  By 1990, countries that have sponsored or enacted laws or decrees on access to information have already reached to 50 plus.

In the Philippines, the right to information is protected and mandated in the Bills of Rights in our constitution that 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 to the citizen, subject to such limitations as may be provided by law

The information obtained is then used for sound decision making as was stated in the Supreme Court statement about the right to access to information which states that:

The incorporation in the Constitution of a guarantee of access to information of public concern is recognition of the essentiality of the free flow of ideas and information in a democracy.  In the same way that free discussion enables members of society to cope with the exigencies of their time…, access to information of general interest aids the people in democratic decision- making… giving them a better perspective of the vital issues confronting the nation

It was said that the success of finally being able to run after the Marcos’ wealth stashed in foreign bank accounts can be attributed to the free access to information.  In this case, the information that was instrumental to the success of the case revealed that the Marcos family particularly the late Ferdinand Marcos and his wife Imelda do not have means to amass such wealth given the nature of the jobs they were in during the time that the wealth was gained giving way to the fact that the only possible method of acquiring such wealth will be through illegal and anomalous transactions. 

The Case of Former Supreme Court  Chief Justice Renato Corona also highlighted possible outcomes when the  public has  access of information,  by analyzing  bank records and his statement of assets, liabilities and net worth for several years, it became clear that the wealth of Corona did not match with his current remunerations, making the court decide that his wealth may indeed come from questionable resources which eventually worked against him,  casting doubt to his integrity as a  public servant and an ambassador for good and clean governance.

To fully understand the Executive Order, we must first understand its roots and beginning.  It started as House Bill no. 3732 filed by its principal author Juan Eduardo M. Angara on March10, 2008.  It was first read in Congress on March 11, 2008, approved on Second Reading on April  30, 2008 and then was finally approved on Third Reading on May 12, 2008.  Then it was elevated to the Senate, sponsored by Senators Allan Peter Cayetano and Antonio Trillanes IV.  On December 10, 2009 it was passed on the Third Reading.

The Aquino Administration pushed for the ratification of this bill using it as an instrument to make liable government officials answerable to crimes of corruption and misuse of public funds in its campaign of the “Daang Matuwid”. But the House of Representatives failed to act on it during that administration.  However it is during the Duterte Administration that it was finally signed as an executive order.

Freedom of Information works on the premise that we have a constitutionally protected right to information regarding what the government is doing, including all of its  Executive branches, employees and officials. As long as the information   is of public concern and does not involve issues on national security or those that can adversely affect foreign relations, no one may be denied the information sought.

The Bill further defines information as:

any record, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data ,research materials, films. Sound and video recording, magnetic and other tapes, electronic data, computer stored data or materials recorded, stores or archived in whatever format, whether online or offline, which are made, received or kept in or under control and custody of any government office pursuant to law, executive order, and rules and regulation or in connection to the performance and transaction of official business by any government office

Furthermore, it also clarified the coverage of the Executive order stating that all the government offices under the executive branch, all government owned or government controlled corporations, state universities and colleges and all government units can be sources of the information sought.  Failure to provide the information sought may be grounds for administrative and disciplinary sanctions against any official or employee who fails to provide the information.

However, not all types and kinds of information may be sought even if the executive order grants it.   Every Filipino citizen has the right to whatever information he might need provided that it does not fall under the identified exemptions by the Department of Justice and of the Office of the Solicitor General.

The main purpose of the Freedom of Information is to provide transparency in government proceeding, expenditures and transactions to ensure that the people know that the government is properly working for them.  This also makes those in government accountable of their actions.  But one may ask, what is the implication of all these?

One of the things that the government must look into is the access itself to the information, meaning a system must be put in place to facilitate data sharing.  This also means that a network of updated information must be made readily available without having to be physically present at the office where the information may be sought.  The freedom of Information is an important step towards making the Philippines embrace open data standards and it puts pressure on agencies to facilitate the public sharing of data, data which in the first place have been made public even if no one is really asking or looking for it.

 This then means that there is a need to standardize procedures, formats and process to make accessing the information faster.  As of today, there are still issues of concern on access to information due to varying protocols on access  to documents.  For example, at the Department of Public Works and Highways, information about on-going projects may be readily available but the details of contracts are withheld.  One may attempt to ask for it but would require tons of request letters and will go through a lot of red tape without any guarantee whether the request might be granted or not.  Writer from the Philippine Center for Journalism shared this experience:

At present, agencies and offices follow their own system — or at least a semblance of it — of responding to information requests. On a fairly good day, a letter-request may no longer be required from an office that would automatically provide data — i.e., education or health statistics — because these are readily available.

However, on most days, obtaining a document — specifically those pertaining to expenditures, contracts, or the use of taxpayer’s money — would require sending a letter to, say, a bureau director who will forward it to the head of office who would in turn refer the request back to the director because he has the papers being requested. There is no guarantee that the request will be approved, or if complete documents will be released. ( Karlo Ilagan)

      

In the Senate, the copy of the Senator’s Statement of Assets, Liabilities and Net Worth are readily available for photocopy at the Office of the Senate Secretary but at the House of Representatives individual request letter must first be provided by the person seeking a copy of their SALN’s, and with it an explanation on why the person needs it or a justification on why he should be provided a copy when in the first place SALNs are public documents that anyone should have access to.

Speaking of SALN’s, access to the resources, properties and wealth of elected officials and government employees would give the people  ideas if these people are living within their means so as not to cast any doubt about their integrity and also to safeguard against conflict of interest and corruption.

Now that the FOI has been signed, what might be the implication of this act or the direct effect if people have access to information?  Here are just some of them: 

1. People are given another weapon to scrutinize the credibility and capacity of those who would like to seek public office

 2.  If the people know about the programs sponsored by their representatives in Congress which are funded by their taxes the people would be able to know what services they can avail of and hence facilitate in the evaluation and monitoring of the said projects.

  3. If people the people are informed of the priority projects of their government,  they take an active role during public consultation on these projects and not just mere observers.

However with the enactment of the Freedom of Information Bill, there are some issues of concern.  First is, regarding issue of privacy. Some advocates said that privacy is not really an issue since the information that will be accessed by the public are those which should be made public in the first place and secondly, that these information or the access to it should be based on public interest and should not be used to forward individual personal aims.  

The next issue is that private information may be inadvertently leak due to weak cyber security practices therefore making it susceptible to misuse. Third,  the government may find loopholes in the law to evade opening up crucial data to the public, or make such data available but very difficult to access due to red tape hence defeating the purpose of the law. 

Fourth would be a concern regarding its coverage, since the EO only covers the Executive branch of the government, many would like to think and explore its implications on the Legislative and Judiciary branch of the government

Since the Freedom of Information has only been in effect for less than a year, its implications are not yet that felt.  Sure, it is a work in progress but let us not forget the fact that it took almost three decades for it to become a reality, it is  in its infancy  and we are only starting to use it to our advantage when in fact other countries have been enjoying this privilege for more than a century. Let’s give it time, and then maybe in the near future it will prove effective in its mandate. It is a first step to truly making public documents readily available for the public and public use hopefully towards shaping  a better informed citizenry.