FOI/ Absentee congressmen

BEHIND THE SCENES

Alfred P. Dizon

Sen. Panfilo Lacson is of the opinion that elective officials like congressmen and senators should not be timed for their work like others in the government bureaucracy as this would be “demeaning.”

This, after Navotas Rep. Toby Tiangco filed a proposed law imposing a “no work, no pay” policy this 17th Congress to avoid absence of quorum caused by absentee lawmakers, which he said, is hampering legislative work.

Last Congress among top absentee lawmakers were former Sarangani Representative-turned Sen. Manny “Pacman” Pacquiao and ex-Negros Occidental Rep. Jules Ledesma. Maybe the solons’ absences were understandable since the former is a boxer while the latter has a beautiful wife.  

Tiangco filed House Bill No. 412 which proposes a monthly salary deduction in the salaries of lawmakers who would skip congressional sessions without “unjustifiable cause.” 

“At present, there are no existing policies that will discourage, if not sanction, the frequent absences of members of Congress. This situation may very well be seen as unfair, considering that ordinary citizens are subjected to the ‘no work, no pay policy,” said Tiangco.

Tiangco recalled that the absenteeism problem in the recently-concluded 16th Congress has affected seriously

the passage of vital pieces of legislation. 

But stressing that lawmakers are not daily wage earners, Lacson rejected the “no work, no pay” bill of Tiangco addressed to legislators who are frequently absent during sessions. Lacson said that as elected officials, senators and representatives are “not daily wage earners to be subjected to no work no pay scheme.”

“I think it is demeaning to our positions as elected officials. The proposed legislation is good copy for the media but I think it won’t pass (in the Senate and House of Representatives),” he said.

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Lacson vowed to oppose the Tiangco bill if brought to the Senate “if only to maintain the dignity and honor of the legislature and its members.”

According to the proposed legislation, each lawmaker’s salary will be computed using the monthly salary minus total deductions.

The total deductions would refer to salary per session day multiplied by the number of absences. Meanwhile, daily salary is computed via monthly salary divided by the number of session days.

Tiangco says there are currently no regulations that discourage or sanction absentee legislators who fail to attend sessions where laws and other measures are being decided upon.

“Notwithstanding the express mandate of the Constitution and existing laws, some members of Congress have failed to promptly, effectively, and efficiently carry out and perform the mandate of their office by reason of their failure to regularly attend sessions of Congress. This situation may very well be seen as unfair, considering that ordinary citizens are subjected to the ‘no work, no pay’ policy,” he explained in a statement.

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Congress had shortened the number of session days per week to Monday to Wednesday so that legislators can attend to their respective districts beginning Thursdays.

However, Tiangco pointed out that this still did not improve the attendance record in the House of Representatives.

“Despite this change in session days, still, the attendance of House members has not improved. With the adoption of this policy, the avowed goal of government to improve the standard of living of the ordinary citizen and to achieve sustainable development through effective legislation will be more efficiently achieved,” he explained.

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In a few more days, the media should be able to go about their work without being hampered by petty bureaucrats who refuse to divulge public documents to unearth corruption in government.

The administration, in response to “constant and insistent demand” from the media, is set to implement a Freedom of Information (FOI) measure next week through an order to be issued by President Duterte.

The President said Thursday he decided to “hurry up the process” to put the measure in place, but that his decision was separate from whatever action Congress or the judiciary might take on the matter. 

“I can only mind the executive department, my branch of government. I cannot mind judiciary and Congress because of separation of powers. It’s up to Congress, if they want they can file – maybe come up with copy of FOI law. This is just an executive order,” Duterte told PTV-4. 

Duterte said the draft EO operationalizes 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 thereof of the freedom of information.”

The Chief Executive said he expects the FOI measure implemented “at the very least next week.” The EO may well be President Duterte’s initial move to mend fences with media, Malacañang said. “FOI will be our first step towards that direction,” Communications Secretary Martin Andanar told the media.

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Andanar said the EO on FOI, which would require agencies under the executive branch to disclose details of their transactions, was due to be signed at press time. Malacañang officials met with transparency advocates at midweek to thresh out details of the order.

Andanar said the EO on FOI would be signed ahead of the opening of the 17th Congress. A proposed FOI law was repeatedly bypassed in Congress due to opposition by lawmakers who were worried that this might be used to destroy reputations.

Media groups, among other sectors, have been asking for an FOI law for transparency in government. “I will issue an executive order. No need for a law. Media and everybody else are welcome to dig deep into the papers,” Duterte was earlier quoted as saying.

The cordial relationship between Duterte and the media got strained last month after the President said some of the slain journalists were extortionists or were involved in dubious transactions

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Duterte has drawn flak for his comment, which some reports interpreted as an endorsement of extrajudicial killings. He, however, denied this, saying he was just reminding journalists about corruption in their ranks. Duterte has since boycotted the media and has vowed not to grant interviews until the end of his term to avoid “mistakes.”

Executive Secretary Salvador Medialdea said the FOI would serve as Duterte’s EO 2. During the campaign, Duterte said the FOI in the executive branch would be his first EO. His first EO, however, dealt with the reorganization of the Office of the President.

Medialdea explained that EO 1 dealt with the “reengineering” of the Office of the President because there were so many attached agencies and offices under the OP.

He said the setup at the President’s office was so “unwieldy” so an EO addressing it had to be issued immediately.