Tabuk City, Kalinga – Following the approval of the “Tabuk FOI (Freedom of Information) Ordinance, its main proponent Councilor Zorayda Wacnang is expectant that said ordinance will be a contributory factor towards the pursuit of Tabuk City government over transparency and accountability.
“Hopefully, this ordinance will contribute to the efforts of the Local Government Unit of Tabuk in ensuring that transparency and accountability will be the guiding principles of the City in all of its programs and transactions,” Wacnang said in an interview.
The proposed ordinance, being approved, will provide local mechanisms for the exercise of the people’s constitutionally-mandated right to information, as well as access to these pieces of information.
The FOI ordinance was declared operative, valid, and consistent with the law in November 17 last year by the Sangguniang Panlalawigan.
With this being signed into law, the City Local Government Unit (CLGU) is now mandated to automatically disclose public or official records within twenty (20) working days upon approval, without the need of any requests.
Said records shall be readily made available to the public through the City Information Office (CIO) who shall be directed to set-up a RECORDS TRANSPARENCY CORNER in a clearly visible manner, for a minimum period of two(2) months.
Records for automatic disclosure are:
2.Supplemental Budget, if any;
3.Annual Statement of indebtedness, payments, and balances;
4.Annual Procurement Plan;
5.Supplemental Procurement Plan, if any;
6.Utilization of 20% component of the Internal Revenue Allotment (IRA);
7.Utilization of Special Education Plan (SEF);
8.Utilization of Local Disaster Risk Reduction and Management Fund (LDRRMF);
9.Utilization of Local Development Fund;
10.Utilization of the Gender and Development Program;
11.Annual Financial Statements;
12.Contracts/Memoranda of Agreement entered into by the City Government;
13.Bidding Documents, approved budget for the contract, and bid results on civil works, goods and services, and consulting services;
14.All other public records provided for by law, ordinance, executive order, memorandum, and other rules and regulations.
However, access to said documents has exceptions, this is when the information or public records are deemed confidential.
Among these are personal medical records; student’s personal information; information falling under intellectual property rights and trade secrets pursuant to existing laws; communications related to litigation during pendency of legal proceedings; law enforcement records when the release may jeopardize an on-going investigation or pose an imminent danger; security and emergency plans and procedures concerning public buildings, activities, and participants; identity and personal information of any person who furnishes information of violation of laws; personal contact information not used for official business and home addresses; and other information considered as confidential pursuant to national law.
Subject of public records or information may waive their rights to confidentiality.
“Information” is defined under the ordinance as: 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, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office under the City Government of Tabuk pursuant to law, ordinance, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office under the City Government of Tabuk.
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