i UNIVERSITY OF THE PHILIPPINES Bachelor of Arts in Journalism Lois Joy G. Guinmapang Ma. Zarina A. San Jose The Press in a Democracy: A Comparative Historical Analysis of the Non-Passage of the Freedom of Information Act from 1992-2012 Thesis Adviser: Professor Lucia P. Tangi College of Mass Communication University of the Philippines Diliman Date of Submission April 2013 Permission is given for the following people to access this thesis Available for general public Yes Available only after consultation with authors/thesis adviser No Available only to those bound by confidentiality agreement No Students’ signatures: Signature of thesis adviser: ii The Press in a Democracy: A Comparative Historical Analysis of the Non Passage of the Freedom of Information Act from 1992-2012 by Lois Joy G. Guinmapang Ma. Zarina A. San Jose has been accepted for the degree of BACHELOR of ARTS in JOURNALISM by Professor Lucia P. Tangi and approved for the University of the Philippines College of Mass Communication by Dr. Rolando B. Tolentino Dean, College of Mass Communication iii UNIVERSITY PERMISSION PAGE We hereby grant the University of the Philippines non-exclusive worldwide, royalty-free license to reproduce, publish and publicly distribute copies of this thesis or dissertation in whatever form subject to the provisions of the UP IPR policy and any contractual obligations, as well as more specific permission marking on the Title Page. Specifically we grant the following rights to the University: a) To upload a copy of the work in the theses database of the College of Mass Communication Journalism department and in any other databases available on the public internet; b) To publish the work in the College of Mass Communication journal, both in print and electronic or digital format and online; and c) To give open access to above-mentioned work, thus allowing “fair use” of the work in accordance with the provisions of the Intellectual Property Code of the Philippines (Republic Act No. 8293), especially for teaching, scholarly, and research purposes. Lois Joy Guzman Guinmapang Ma. Zarina Almeda San Jose 2009- 01097 2009-10528 iv BIOGRAPHICAL DATA PERSONAL DATA Name Guinmapang, Lois Joy Guzman Permanent Address 2335 A Callejon H, Cabo St., Gagalangin Tondo, Manila Date of Birth 29 January 1993 Telephone Number (+63) 917 550 6243 E-mail Address [email protected] EDUCATION Primary Level Philippine Women’s University - Jose Abad Santos Memorial School – Manila (PWU-JASMS Manila) Secondary Level Manila Science High School (MSHS) AFFILIATIONS Member, Interdependent Student-Centered Activism Member, University of the Philippines Advertising Core Public Relations Officer, State Varsity Christian Fellowship – Diliman WORK EXPERIENCE Intern, Rappler, April-June 2012 Intern, Storyline ANC, June-July 2012 ACHIEVEMENTS College Scholar, 1st and 2nd Semesters, AY 2009-2010, 2nd Semester AY 2011-2012, 1st Semester, AY 2012-2013 v BIOGRAPHICAL DATA PERSONAL DATA Name San Jose, Ma. Zarina Almeda Permanent Address Lot 2C Block 12 M. Consing St. BF Resort Village Las Pinas Date of Birth 9 January 1992 Telephone Number (+63) 917 807 0687 E-mail Address [email protected] EDUCATION Primary Level Second Honors, PAREF Woodrose School, Inc. Secondary Level Second Honors, PAREF Woodrose School, Inc. AFFILIATIONS Vice Chairperson for External Affairs, Union of Journalists of the Philippines UP Diliman Secretary General, Student Alliance for the Advancement of Democratic Rights in UP WORK EXPERIENCE Intern, Center for Media Freedom and Responsibility, April-May 2012 ACHIEVEMENTS College Scholar 1st and 2nd Semesters, AY 2009-2010, 2010-2011, 2011-2012, 1st Semester, 2012-2013 vi ACKNOWLEDGEMENTS First and foremost, we would like to thank our thesis adviser, Prof. Lucia P. Tangi, for her presence and availability. Her input and suggestions have truly helped this study take shape, and we will always be grateful for her undying patience. We would also like to express our infinite gratitude to our parents, Mr. Peter and Marcia Guinmapang, and Mr. Manny and Bernie San Jose for their ceaseless support. We would never reach this milestone if not for your selflessness and understanding. Thank you for strengthening us with your words of love and inspiration. Thank you for prodding us to be better. We would also like to thank our friends, Eunice, Dik, Trina, Dawn, Princess, Jiru, Rich, Carla, Mich and Iyay. Thank you for being there in times of stress and relaxation, and for being one with us in tears and in laughter. You have made our college lives truly memorable. To our organizations, thank you for also being another part of our support system, for being one of the first people who helped us adjust to college life and stay sane in it. To each and every one of our interviewees, we would like to commend you for your dedication to the passage of this bill. Thank you for accommodating us in spite of your busy schedules, and for sharing with us your insights and experiences. Your fight is not over. And we, too, are hopeful of its near victory. And lastly, we would like to thank our amazing God, in whom we live and move and have our being, and by whose grace and strength we can do all things. vii DEDICATION To the citizens of this country whose right it is to know what goes on inside the government that’s supposed to serve them. And to the freedom fighters, our struggle continues. viii ABSTRACT Guinmapang, L. J. G. and San Jose, M. Z. A. (2013). The Press in a Democracy: A Comparative Historical Analysis of the Non-Passage of the Freedom of Information Act from 1992-2012. Unpublished Undergraduate Thesis, University of the Philippines College of Mass Communication. This study followed the journey of the Freedom of Information Bill in Philippine legislature since it was first filed in 1992 until its “death” in February 2013. It found out three main things: (1) a qualitative discussion on the bills that have been filed from 1992- 2012, (2) the “experiences” the FOI bill and its advocates have undergone, and (3) the contributors and obstacles to the passage of the bill. The study revealed that a total of 44 bills have been filed each at the House of Representatives and the Senate from 1992- 2012. The bill had almost been passed during the 14th congress but failed due to a lack of quorum. As of this writing, the bill has also been considered “dead” for the 15th congress. Based on the interviews, the study also revealed that some of the factors that affect the passage of the bill are the President’s support and the lack of public demand for it. However, the biggest factor contributing to its non passage is resistance from the legislators at the House themselves, that is, passing a bill that could possibly unseat them. In the end, however, the freedom of information remains a right and a vital part in a democracy where the main thrust is an informed citizenry. ix TABLE OF CONTENTS Title Page i Approval Sheet ii University Permission Page iii Biographical Data iv Acknowledgements vi Dedication vii Abstract viii Table of Contents ix List of Tables xii List of Figures xiii I. INTRODUCTION 1 A. Background of the Study 1 B. Statement of the Problem and Objectives 6 C. Significance of the Study 7 II. REVIEW OF RELATED LITERATURE 8 A. Press in a Democracy 8 B. Press Freedom, Democracy and Freedom of Information 9 C. FOI: International Law 11 D. India: A Case Study 12 E. FOI: Philippine Context 15 x F. Access to Information in Southeast Asia 16 III. STUDY FRAMEWORK 19 A. Theoretical Level 19 B. Conceptual Level 22 C. Operational Level 24 D. Operational Definition of Terms 27 IV. METHODOLOGY 28 A. Research Design and Methods 28 B. Concepts and Indicators 29 C. Data Gathering 29 D. Data Analysis 32 E. Research Instrument 32 F. Scope and Limitations 33 V. RESULTS AND DISCUSSION 35 A. History of the FOI 50 B. Contributors and Obstacles to the Passage of the FOI 60 C. Comparison of Recent Bills 66 VI. SUMMARY AND RECOMMENDATIONS 85 A. Summary 85 xi B. Recommendations 87 BIBLIOGRAPHY 90 APPENDICES 93 A. House Bill 3732 B. House Bill 6766 C. Senate Bill 3208 D. House Bill 53 E. Interview Transcript Representative Lorenzo Tanada III F. Interview Transcript Attorney Nepomuceno Malaluan G. Interview Transcript Senator Antonio Trillanes III H. Interview Transcript Red Batario I. Interview Transcript Ed Lingao J. Interview Transcript Vincent Lazatin xii LIST OF TABLES Number Title Page 1 Matrix of Bills from 1992-1995 35 2 Matrix of Bills from 1995-1998 36 3 Matrix of Bills from 1998-2001 37 4 Matrix of Bills from 2001-2004 38 5 Matrix of Bills from 2004-2007 40 6 Matrix of Bills from 2007-2010 43 7 Matrix of Bills from 2010-2012 45 8 Comparison of consolidated bills 67 9 Comparison of Tanada bill and Malacanang Version 82 xiii LIST OF FIGURES Number Title Page 1 Allocution Theory Model 20 2 Shannon and Weaver Model of Communication 22 3 Conceptual application Allocution Theory 23 4 Conceptual application of Shanon and Weaver model 24 5 Framework operational model 26 1 I. INTRODUCTION Tension arose at the House of Representatives in its last few days of session before taking a recess for the May 2013 election campaign period. Many legislators, civil society groups, media organizations and other individuals anticipated the tackling of a bill that has been awaiting legislation for a little over three decades. But with seeming disregard from President Benigno “Noynoy” Aquino III and most legislators, and despite numerous campaigns pushing for its passage, the Freedom of Information (FOI) bill is back to square one.