E-Com and Federalism

BONDOC, Maricor Cheska P.                                                                       September 30, 2016

E-Communication Activity No. 5

Duhaime's Law Dictionary defines federalism as a system of government which has created, by written agreement, a central and national government to which it has distributed specified legislative (law-making) powers, called the federal government, and regional or local governments (or sometimes called provinces or states) to which is distributed other, specified legislative powers.

Pia Ranada and Nico Villarete wrote on Rappler, that federalism is 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.

The autonomous regions or states, divided further into local government units, will have primary responsibility over developing their industries, public safety, education, healthcare, transportation, recreation, and culture. These states will have more power over their finances, development plans, and laws exclusive to their jurisdiction.

The central government and states can also share certain powers.

So, what will be the pros and cons of the Federalism system of government? Here are the pros and cons cited on Rappler discussed by Pia Ranada and Nico Villarte,

PROS

Locals decide for themselves. Regions have their own unique problems, situations, geographic, cultural, social and economic contexts. Federalism allows them to create solutions to their own problems instead of distant Metro Manila deciding for them.

With national government, and thus power, centered in Metro Manila, it's no surprise that development in the mega city has spiralled out of control while other parts of the country are neglected.

It would mean that the problems in our local government will be focused on because there will people assigned to each local.

As cited in Rappler, there will be more power over funds, resources. Right now, local government units can only collect real estate tax and business permit fees. In federalism, they can retain more of their income and are required to turn over only a portion to the state government they fall under.

This means that the local government has a set budget for its expenses for the term of the chosen officials.

Promotes specialization. The national and state governments can specialize in different policy domains. With most administrative powers now with the regional governments, the national government can focus on foreign policy, defense, and other nationwide concerns, like healthcare and taxation.

States have more autonomy to focus on economic development using their core competencies and industries. The state of Central Luzon can focus on becoming an agricultural hub. 

Economic development will be prioritized in this system because the core of industries and competencies would be focused on.

Brings government closer to the people. If detractors say federalism will only make local political dynasties more powerful, supporters give the argument that, in fact, it will make all local leaders, including those parts of political dynasties, more accountable to their constituents. State governments will no longer have any excuse for delays in services or projects that, in the present situation, are often blamed on choking bureaucracy in Manila.

It will not only help the officials assigned to their jobs, but it would challenge them to be accountable of their wrong doings because the people could just easily put attention on the local government. 

CONS 

Can Lead to Corruption

Federal system of government is very expensive as more people are elected to office, both at the state and the center, than necessary. Thus, it is often said that only rich countries can afford it. Too many elected representatives with overlapping roles may also lead to corruption. (Retrieved from http://www.buzzle.com/articles/advantages-and-disadvantages-of-federalism.html)

Our country is not a rich country like the 1st world countries. The Philippines probably could not afford to have the enough funds to have a Federal system of government. We could just line up the huge problems that we have rather than changing our system. 

Uneven Distribution of Wealth

It promotes regional inequalities. Natural resources, industries, employment opportunities differ from region to region. Hence, earnings and wealth are unevenly distributed. Rich states offer more opportunities and benefits to its citizens than poor states. Thus, the gap between rich and poor states widens. (Retrieved from http://www.buzzle.com/articles/advantages-and-disadvantages-of-federalism.html)

Of course, the rich regions will have all the advantages in terms of funding. Money will not be distributed equally, because they will prioritize the regions which contribute much to the government. 

Possibly divisive. Healthy competition among states can become alienating – creating rivalries and promoting the regionalism that some say already challenges the sense of unity in the country. It could enflame hostilities between ethnic groups in the country like Tagalogs, Cebuanos, Bicolanos, Ilocanos, Tausugs, and Zamboangueños. (Retrieved from http://www.rappler.com/nation/politics/elections/2016/120166-federalism-pros-cons-explainer) 

Filipinos are known to be welcoming and sociable. Aliening means to make unfriendly, hostile, or indifferent especially where attachment formerly existed. If we have the Federal system, we will isolate ourselves from other regions because we tend to focus on our own. The most main thing is our own region and not the others. 

Uneven development among states. Some states may not be as ready for autonomy as others. Some states may not be as rich in natural resources or skilled labor as others. States with good leaders will progress faster while states with ineffective ones will degrade more than ever because national government will not be there to balance them out.

But in some federal countries, the national government doles out funds to help poorer states. A proposed Equalization Fund will use a portion of tax from rich states to be given to poorer states. (Retrieved from http://www.rappler.com/nation/politics/elections/2016/120166-federalism-pros-cons-explainer

According to The Canadian Oxford Dictionary (Barber 1998: 384), development is defined as ‘a significant change in a course of action, events, on one hand and ‘Industrialisation or economic advancement of a country or an area.’ With that definition as a starting place, uneven development means inequality among the different regions in our country. Those who are developed will be easily highlighted because they benefit faster from them. On the other hand, the regions from the bottom would have a hard time progressing because they will not be the priority. 

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Research and Personal Thoughts on The DICT Act of 2015

BONDOC, Maricor Cheska P.                                                                         

Activity # 2 in E-Communication                                                                   DICT Act of 2015

The definition found in the dictionary, ICT or also known as (information and communications technology - or technologies) is an umbrella term that includes any communication device or application, encompassing: radio, television, cellular phones, computer and network hardware and software, satellite systems and so on, as well as the various services and applications associated with them, such as videoconferencing and distance learning. ICTs are often spoken of in a particular context, such as ICTs in education, health care, or libraries.

According to the European Commission, the importance of ICTs lies less in the technology itself than in its ability to create greater access to information and communication in underserved populations. Many countries around the world have established organizations for the promotion of ICTs, because it is feared that unless less technologically advanced areas have a chance to catch up, the increasing technological advances in developed nations will only serve to exacerbate the already-existing economic gap between technological "have" and "have not" areas. Internationally, the United Nations actively promotes ICTs for Development (ICT4D) as a means of bridging the digital divide.

In an article posted by inc.net by Kristine Sabillo which is entitled, Dep’t of Information and Communications Technology created, It says that PRESIDENT Benigno Aquino III signed on Monday a new law creating a Department of Information and Communications Technology (DICT), Malacañang said. Communications Secretary Herminio Coloma Jr. said Aquino signed Republic Act no. 10844, which will also rename the present Department of Transportation and Communications (DOTC) to “Department of Transportation.”

RA 10844 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.”

In the Philippines, as Republic Act 10488 was passed into a new law it divided the functions and responsibilities of communication/information and information units. This is a great move of the Aquino administration because by transferring all concerns and tasks dealing with communications to the newly-constructed Department of Information and Communications (DICT) and handing the transportation issues over to Department of Transportation, it enables both departments to focus what’s on their plates. Unlike before, when the Department of Transportation and Communications was still in-charge of all the duties and responsibilities, chances of unaddressed problems and issues were high because of one department handling two different things. Because admit or not, being accountable for these two factors and meeting the high expectation of the Filipino people when it comes to service delivery is hard.

It is high-time to promote and develop the national information and communication technology (ICT) with DICT that shall ensure the planning, coordination and implementation of the executive branch of the government. With the establishment of a free internet service that can be accessed in government offices and public areas; assisting in the dissemination of vital information essential to disaster risk reduction through the use of ICT; and ensuring and protecting the rights and welfare of consumers and business users to privacy, security and confidentiality in matters relating to ICT, among others.

Among the declared policies of DICT is the provision of the “strategic, reliable, cost-efficient and citizen-centric” ICT infrastructure. DICT aims to develop the ICT industry, a factor that Philippines is clearly lacking. Based on studies, our country is one of the countries with the slowest internet in the world. With the creation of this law, this department can focus now in formulation programs and projects that can make every netizen happy and satisfied when it comes to the consumption of internet. In fact, as of July 25, 2016, President Rodrigo Duterte vowed in his State of the Nation Address (SONA) a fast and free internet in most public areas. Thus, ordering the DICT to develop a national broadband planning to accelerate the deployment of fiber optic cables and wireless technology to improve the internet speed. On that note, the purpose of improving the internet connection is not just for entertainment purposes but it can help our country in thriving in the digital age at the global level. 

When it comes to infrastructure, let me reiterate that it does not just pertain to roads, ports or visual projects that can transport products and people to far-distance locations. Today, information is much needed as a commodity for everyone. Therefore, we need a stable and stronger ICT industry for us to receive accurate, reel time and important information. And with the creation of DICT in the country, it shows a sign of global competitiveness because finally our ICT problems shall be addressed by the government. Also, the development and strengthening of ICT infrastructure can open doors of opportunity for local and global investors to bring out partnership in the business sector and enable ICT service providers. 

Also, DICT mandates the provision of accessibility of good-quality ICT. This digital age is a fast evolving era where information is easy to come and go and sometimes, too much to absorb. Being bombarded with information is better than knowing nothing at all. One of the ways to learn pretty much about everything and anything is through the social media or internet zone. But how about those people living in the secluded mountains or isolated islands, away from the civilization and internet? Only DICT can provide an answer for that through the creation of their projects. 

Moreover, there is a need to empower ICT in the country which is one of the policies of DICT. It is good to know that ICT can be used as a vehicle to promote our arts and culture especially the long-forgotten and endangered. Maybe they can create a website posting pictures, articles, blogs and feature stories accessible to anyone. Not only did we help reliving and preserving these culture and arts but also informed other people that these actually exist. Likewise, we should not forget the power of media, the power to create and destroy, power to encourage and discourage, the power to build and devastate. Take note that most of the trends today came from social media and were adapted by netizen. Through ICT, we can show the world how rich, precious, beautiful and phenomenal our country is. A glimpse of these can improve our tourism and boost our patriotism. 

Today is not just about the voice of the elite, rich or powerful. This is about everyone now. And it’s important to use ICT to voice our opinions regarding certain issues that concern us. This is not like the old times where people in the lower class shut their mouths and let the upper class decide for their fate. This is the time to step up and make a stand of our principles. And we can do that through ICT. Vice-versa, the government should listen to what the citizen say, answering their queries and providing solutions for their problems and helping them to improve their life. DICT should focus to the voice of the majority and make actions when needed.

However, when it comes to the voice of the public, DICT should make it a point that nobody’s rights and dignity should be stepped on in exercising thereof. By securing Cybersecurity policies and programs, it can prevent and suppressed the existence of cybercrime. Some people abuse the power of social media by taking advantage or bullying other people. As the saying goes, with great power comes great responsibility. Unfortunately, some people are oblivious this power of media so we need the DICT to focus on the monitoring and regulation of rules in the world of media.

In the section 6 of the law, there are qualifications of who should be manning this department. I for one, agrees that the composition of this department shall meet all the standards for the effectiveness and efficiency of the delivery of service. The government should not hire officials because of the mere of “padrino system” because they are running an entire country and not just a mere town or province. 

It is good to know the government has this vision on improving the dissemination of information to every Filipino. Reading what the basically mandates can create hopes that this the answer to our long-time prayers. Every section mightily describes what is and what not DICT is. I just hope that this won’t just remain on a piece of paper and be buried by other responsibilities.

The motives are good but will there be some actions this time? Well, let’s wait what the government will do. But overall, the creation of DICT is good only if all the duties and responsibilities written thereof would materialize into actions. By then, Philippines will wake up from its long slumber and will once again be dubbed as the “Rising Tiger of Asia.” Who knows that a mere law can change our fate? We still have thousands of kilometer to travel, more rivers to cross and mountains to climb. If we start now, come what may, we will get there. It might take a lot of time, effort and sacrifices but I strongly believe that we will get there. Someday, we just have to start now through the implementation of laws for the good of our country like the DICT.

Let me quote what I have read from an article entitled, Senate OKs bill creating ICT department by Yuji Gonzales of the Inquirer. According to Sen. Ralph Recto, sponsor of the bill and chair of the Senate committee on science and technology, the DICT would be the “primary department in charge of developing, planning, and promoting the government’s ICT agenda.”

Recto said the creation of DICT would also pave the way for easier government transactions, including transfer of records and requests for documents under an integrated database, “so that knowledge is transferred, resources are shared, databases are built and agency networks are linked together.”

“Permits, licenses, land titles should now be electronically applied for, processed and issued,” he said.

Recto added the DICT was also eyeing to expand the country’s technology sector by attracting more investment opportunities for ICT firms through establishing international linkages to “speed up industry growth and competitiveness.”

“The DICT is also mandated to beef up consumer protection policies to protect consumers against lousy service, and at the same time ensure business users’ right to privacy,” Recto added.

The bill would also tap the proposed DICT to coordinate with the National Telecommunications Commission, the National Privacy Commission and the Cybercrime Investigation and Coordination Center for the implementation of the country’s policies on cybersecurity.

The Recto-sponsored bill is a consolidated version of separate bills filed Senators Sonny Angara, Bam Aquino, JV Ejercito, Francis Escudero, Jinggoy Estrada, Teofisto Guingona III, Loren Legarda, Antonio Trillanes and Cynthia Villar.

The functions of the new law were clearly stated from the article entitled, Dep’t of Information and Communications Technology created by the Inquirer which states that: The law requires that the secretary and his undersecretaries and assistant secretaries should have “at least seven (7) years of competence and expertise in any of the following: information and communications technology; information technology service management; information security management; cybersecurity, data privacy, e-Commerce, or human capital development in the ICT sector.”

Functions

Regional offices will be created to help implement plans and programs while there is an option to form “sectoral and industry task forces.”

RA 10844 provides for 6 months transition period “for the full implementation of the transfer of functions, assets and personnel.”

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.”

Its powers and functions include policy and planning; improved public access; resource sharing and capacity-building; and consumer protection and industry development.

Information and Communications Technologies (ICT) is basically our society’s efforts to teach its current and emerging citizens valuable knowledge and skills around computing and communications devices, software that operates them, applications that run on them and systems that are built with them. The Philippines needs to improve in terms of the ICT because when it comes to innovation, implementation from the government is missing. The ICT’s functions include competence and expertise in any of the following: information and communications technology; information technology service management; information security management; cybersecurity, data privacy, e-Commerce, or human capital development in the ICT sector which will definitely help Filipinos improve on things which are already existing in other successful countries. It is time for the Filipinos to learn, value and educate ourselves from new things and discoveries.

Research and thoughts on The Freedom of Information Bill

BONDOC, MARICOR CHESKA P.                                                        

E-COMMUNICATION ACTIVITY 2

The Freedom of Information Bill 

Corruption in the Philippines is a solemn hindrance to the economic and social development of our country. The Filipino people are the ones suffering from this problem. As a result, the Filipinos are made to pay for overpriced goods and services or are made to deal with low-quality or substandard goods or services. 

The Freedom of Information (FOI) bill is a major element of the Aquino administration’s Good Governance and Anti-Corruption Plan. This is one of the ways of the former administration to fight corruption which is very common in our country even today. 

According to the article that I have read on Rappler, a popular news website in the Philippines which is entitled, Why the Philippines needs a freedom of information law; the people's right to information on matters of public concern has been constitutionally recognized in the country since 1973. As cited in this section,

Section 6. 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, shall be afforded the citizen subject to such limitations as may be provided by law. -Bill of Rights, 1973 Constitution 

While browsing the internet, I have researched the latest update on The Freedom of Information Bill, retrieved from http://www.gov.ph/foi/ and it says;

“LATEST: In President Aquino's message on the National Budget for Fiscal Year 2016, he reiterated that greater fiscal transparency leads to a more responsive government. To ensure the permanency of transparency policies, he has urged Congress to pass the Freedom of Information Act.

Both bills below follow the proposed FOI bill approved by President Benigno S. Aquino III, which was transmitted to the previous Congress by the Secretary of Budget and Management, Florencio Abad. Secretary Abad resubmitted the bill to the current Congress as well.

This FOI bill is an integral element of the Aquino Good Governance and Anti-Corruption Plan of 2012-2016. This plan lays out reforms and initiatives that pursue greater transparency, accountability, and citizen participation in governance.

This draft bill is a result of a consultative process conducted by an administration study group after careful study of similar legislation in order to balance the government’s legitimate needs for secrecy with the public’s right to know.

The administration study group was composed of Communications Undersecretary Manuel L. Quezon III (lead), Presidential Spokesperson Edwin Lacierda, Secretary Florencio B. Abad, and Deputy Presidential Spokesperson Abigail Valte, in coordination with the stakeholders.

Senate

On Monday, March 10, 2014, the Senate passed the FOI bill on third and final reading, with 22 affirmative votes, no abstention, and no negative votes.

House of Representatives

LATEST: On March 4, 2015, the bill passed the Committee on Appropriations; as of this date, it is awaiting 2nd reading.

The Committee of Public Information of the House of Representatives has formed a technical working group (TWG) to expedite the passage of the house version. The TWG has conducted regular meetings to discuss the provisions last February to June. Resource persons from the different offices from the executive participated in the meetings. The Office of the President was represented by Undersecretary Manuel L. Quezon III.

On October 23, 2013, Camarines Sur Third District Representative Maria Leonor G. Robredo and Batanes Representative Henedina R. Abad filed House Bill No. 3237, otherwise known as “An Act to Strengthen the Right of Citizens to Information held by the Government.”

Furthermore, with the Philippine Daily Inquirer’s (PDI) article on July 25, 2016 which is entitled, FOI order covers executive branch by Marlon Ramos, “Fulfilling a campaign promise of transparency, President Duterte has signed an executive order (EO) allowing public access to documents and information in all government agencies under the Office of the President.

Presidential Communications Secretary Martin Andanar said Mr. Duterte signed on Saturday the executive order adopting the long-pending freedom of information (FOI) bill that would cover for a start the executive branch of government.”

The president had an urgent decision on this, because he wants to avoid corruption which was very common with the former and recent leaders of our country. Senators were very pleased that the president signed the EO because they failed to let the former president approve on the said bill.”

Also, as mentioned in the PDI to further give information, 

“Andanar said there was “substantive pushing and pulling” for two weeks before the President signed the order.

He said the President’s move would be welcomed by “champions of good governance who … fought tooth and nail for the last 29 years to strengthen the right to information as inscribed in our 1987 Constitution.”

“After 29 years and only (after) 25 days (into the presidency) of Rody Duterte, this is already a record-breaking speed of cornerstone or milestone or a landmark executive order being signed,” he added.

In the history of law-makers, they really wanted this bill to be approved, and it only took days for the new president to sign it, Still, with the interview of Adanar, as quoted, the executive order, titled “Operationalizing in the Executive Branch the People’s Constitutional Right to Information and the State Policies of Full Public Disclosure and Transparency in the Public Service and Providing Guidelines Therefor,” said it was consistent with the Constitution.

“Every Filipino shall have access to information, official records, public records, and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for public-development,” according to the directive.

Reading the order, Andanar said, information would refer to “any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, or other like or similar data or materials recorded, stored or archived in whatever format.”

However, requests would be denied regarding information that “falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence.”

The President also instructed every agency in the executive branch to “formulate their respective implementing details” 120 days after the effectivity of the FOI order.

Probably, it all started with the Marcoses, on February 2014, the Philippine government finally recovered around $30 million from multi-million dollar accounts which they were not convicted for the fault. Some Filipinos not only see the Marcoses as an example, but also the former presidents, Arroyo and the first gentleman, Erap and Jinggoy Estrada and the former chief justice Renato Corona who were also accused of corruption. 

As cited in the REPUBLIC ACT NO. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT 

Section 3. Corrupt practices of public officers. — In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (a) Persuading, inducing or influencing another public officer to perform an act. 

The law that was recently signed as an EO was compared to those of the other countries have, as mentioned by Rappler, with the support of the Friedrich Naumann Foundation, analyzed freedom of information laws in other parts of the world. The popular news website noted these common features in the laws that they studied:  an overall policy making information available limits of access 

prescribed process by which information may be accessed, cost of access, and processes for appealing request refusals in recent cases measures to ensure that access policies are enforced through oversight bodies and penalty clauses. 

With the continuous corruption in the Philippines not just by our presidents but also the local public officials, the FOI was immediately signed by the president, although the law will allow the public to access information from the public officials, it also covers the people from the government. As summarized from the Philippine Star’s article dated on July 24, 2016 by Alexis Romero, 

Congress, judiciary not covered.

The EO will cover all government offices under the executive branch including the national government and all its offices, departments, bureaus, offices and instrumentalities. It will also be implemented in state-run firms, universities and colleges.

The order will not cover Congress and the judiciary because of the doctrine of the separation of powers. Andanar said it would be up to the legislature to decide whether to enact an FOI law that would cover all government branches.

“Congress is an independent branch of government and the president believes in the independence of each independent branch of government,” Andanar said answering a question on whether Duterte would ask Congress to pass an FOI law.

Local government units, however, are encouraged to observe and be guided by the order.

The order defined “information” as the following:

· records

· documents

· papers

· reports

· letters

· contracts

· minutes and transcripts of official meetings

· maps

· books

· photographs

· data

· research materials

· sound and video recording

· magnetic or other tapes

· electronic data

· computer stored data or other like or similar data or materials

· recorded stored archived or whatever format

“Every Filipino shall have access to information, official records public records and documents and papers pertaining to official acts, transactions and decision as well as government research data used as basis for public development,” the order read.

Exceptions

Requests for information, however, will be denied if they fall under exceptions provided in the constitution, laws or jurisprudence. The Justice department and the solicitor general's office were directed to come up with an inventory of exceptions and submit them to Duterte within 30 calendar days from the effectivity date of the order.

The inventory of exceptions will be updated periodically to reflect changes in existing laws and jurisprudence. Andanar said among the information that would not be released are those that “put the government in danger in terms of national security.”

Officials who refuse to release information that do not fall within the exceptions may face administrative charges, he added. 

The order also reminded officials to file and to make available their statements of assets liabilities and net worth.

The head of the government office, which has custody or control of the information being sought or his duly designated official will determine whether the exceptions are applicable to the request.

Heads of offices or their duly designated representatives were ordered to “exercise reasonable diligence” to ensure that the exceptions or denials of requests would not be used to cover up a crime or any wrongdoing like graft or corruption.

“There shall be a legal presumption of favor of access to information, public records and official records. No request for info shall be denied unless it clearly falls under any of the exceptions listed in the inventory or updated inventory of exceptions,” the order read.

While officials were directed to provide public access to information, they were also instructed to observe and protect the right to privacy of individuals.

Government offices in the executive branch were directed to ensure that personal information would only be released if relevant to the request and if the EO or by laws and regulations allow such disclosure.

They were also tasked to make "reasonable security arrangements" against leaks or premature disclosure of personal information that might subject one to harassment, vilification and other wrongful acts. 

In my judgment, the FOI is very significant to our country, the Philippines. The laws are imperative. The confidence of the people to fight corruption will be now very evident in our own eyes and minds. Our elected public officials are subject to public accountability and the equal treatment of all people under the rule of law. This is a good step for the public officials to think million times first before doing something immoral and unlawful, particularly corruption. The EO states that every Filipino shall have access to information, records, and documents to official government transactions and research data. Furthermore, the EO covers all government agencies under the executive branch — but is not limited to national government agencies and offices. This is to strengthen the right of information among the Filipinos. Every citizen of this country has the right to know the information of the government officials that they voted for. This not only seeks to fight corruption, it also gives importance to prompt public officials to submit their Statement of Assets, Liabilities, and Net Worth (SALN) and make it available to the public eye. 

To sum it up, it may be a huge problem for Filipinos that some of our political leaders cheat on us, lie to us and even steal from our paid taxes which is the nightmare of every Filipino citizen. Graft and corruption must be stopped, so the FOI is very much needed for the public to see the assets of our public officials. I’m glad that our newly elected President prioritized this bill which means he is also eager to fight corruption. 

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