NAGA CITY — An ordinance that will work for an expeditious, efficient, and effective way of getting public and official records from the city government was enacted recently by the Sangguniang Panlungsod and approved by Mayor Nelson Legacion on Monday, Feb. 28, 2021.

Known as the Freedom of Information ordinance of the city government of Naga, the measure, which was authored by City Councilor Jessie R. Albeus, discussed in detail the kind of pieces of information that are allowed for mandatory disclosure and the manner as to how they can be accessed.

Legacion said that with the implementation of the ordinance, the LGU’s transparency and public accountability advocacy will further be strengthened.

The mechanism is contained also with guidelines on what data or documents which are exception to the freedom of information rule as stated in the November 24, 2016 memorandum issued by the Office of the Executive Secretary.

Section 11 of the ordinance said: “FOI shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence.”

The memo enumerates at least seven, they are:

1. Privileged information relating to national security, defense or international relations;
2. Information concerning law enforcement and protection of public and personal safety (confidential information of the Naga City Police Office, Public Safety Office, and other local government agencies related to acts of terrorism, drugs, human trafficking, firearms smuggling and the likes);
3. Information deemed confidential for the protection of the privacy of persons including minors who are victims of crimes or the accused;
4. Information, documents, or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, boards or officers, in relation to the performance of their functions or to inquiries or investigation conducted by them in the exercise of their administrative, regulatory, or quasi-judicial powers;
5. Prejudicial premature disclosure;
6. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged;
7. Matters considered confidential under banking and finance laws and other amendatory laws.

In an interview, Albeus said if the Office of the City Administrator, the designated FOI Coordinating Office and Integrating Complaints Mechanism Unit, decides to deny the request, it shall as soon as practicable, in any case within 15 working days from receipt of the request to notify in writing the requesting party about the denial.

“The notice shall clearly set forth the ground(s) for denial and the circumstances on which the denial is based. Right to information will obviously be denied if the application is fictitious or not legitimate, pure curiosity, for commercial purpose, contrary to laws, morals, good customs or public policy, and has evident improper motive,” he said.

The ordinance also bears remedies on denial of request for access to information, such as:

1. Filing of an appeal to the Office of the City Mayor. Provided, that the written appeal must be filed by the same person who made the request within 3 working days from the notice of the denial or from the lapse of the relevant period to respond to the request.
2. The appeal shall be decided by the Office of the City Mayor within 5 working days from the filing of the written appeal. Failure of the OCM to decide within the afore-stated period shall be deemed a denial of the appeal.
3. In case of legislative records that were presented to or belonging to the Sangguniang Panlungsod or any of its committees, the appeal must be requested from the Office of the City Vice Mayor within 3 working days.
4. Upon exhaustion of administrative appeal remedies, the requesting party may file the appropriate case in the proper court in accordance with the Rules of Court.

Failure of any government officer to comply with the provisions of the ordinance shall be a ground for the following penalties: 1st offense, reprimand; 2nd offense, suspension of 1 to 30 days, and 3rd offense, dismissal from service.

However, mere denial will not be a ground for liability. A mere denial in good faith of a request made pursuant to the provisions of the ordinance shall not constitute grounds for the penalties.

NAGA CITY — The LGU here has established a desk that shall work to ensure that its people-centered governance is sustainably implemented and working appropriately, and its governance processes effectively pursued.

Mayor Nelson Legacion issued Executive Order 2021-003 that creates the Civil Society Organization desk under the Community Relations Office. The desk shall function in close coordination with the Naga City People’s Council and Jesse M. Robredo Good Governance Center.

As far back as 1995, the LGU has been recognized as trailblazer in terms of implementing people-centered governance. It has engaged the participation of Civil Society Organizations (CSOs) and Non-Government Organizations (NGOs) in its governance processes by virtue of Ordinance No. 95-092 which recognizes the Naga City People’s Council (NCPC) as umbrella organization of all CSOs and NGOs.

NCPC since then has continued to institutionalize various systems for partnership between the city government and the private sector.

The establishment of the desk, which shall cause the organization of federation or coalition of sectoral civil society groups from barangay level to the city level, was mandated by Memorandum Circular 2021-012 issued on January 11, this year, by the Department of Interior and Local Government. It enjoins all government units to establish CSO desk that will handle all CSO-related concerns in their respective areas of jurisdiction.

Regarded the measure as a tool to further promote the LGU’s best practices, Mayor Nelson Legacion, upon signing his executive order, said that it is included in the mandate of the desk to ensure and monitor the city government’s compliance with the Naga City People Empowerment Ordinance.

Other mandated tasks of the desk, include: ensure and monitor compliance of barangays with Ordinance No. 2015-032 (Barangay Empowerment Ordinance of Naga City; mobilize and ensure participation of accredited and recognized Civil Society Organizations in various processes and activities of the local government, particularly in planning, budgeting, monitoring, and other service delivery areas;

Hold regular meetings, consultations, and other relevant activities of Civil Society Organizations; monitor through the Naga City People’s Council, CSO participation in programs, projects, and activities of the City of Naga;

Assist CSOs in the application for accreditation and endorse the same to the Sangguniang Panlungsod upon completion of all requirements, as provided in City Ordinance 1995-092; maintain and update the Civil Society Organization directory and database;

Collaborate and submit annual reports to the Sangguniang Panlungsod of Naga and DILG field officers on matters relating to the programs, projects, and activities of Civil Society Organizations and to further improve the mandates provided in City Ordinance 1995-092; and perform relevant functions as may be required by higher authorities.

The “funding” provision of the executive order said that in order to carry out the smooth implementation of measure, the necessary funding shall be provided for the operation and maintenance of the CSO Desk under the General Fund.