04/02/2020
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provided by law"
MR. DAVIDE. But as worded, does it not mean that this will
immediately take effect and Congress may provide for reasonable
safeguards on the sole ground national interest?
MR. OPLE. Yes. I think so, Mr. Presiding Officer, I said earlier that
it should immediately influence the climate of the conduct of
public affairs but, of course, Congress here may no longer pass a law
revoking it, or if this is approved, revoking this principle, which is
inconsistent with this policy.[129] (Emphasis supplied)
Indubitably, the effectivity of the policy of public disclosure need not await
the passing of a statute. As Congress cannot revoke this principle, it is merely
directed to provide for "reasonable safeguards." The complete and effective exercise
of the right to information necessitates that its complementary provision on public
disclosure derive the same self-executory nature. Since both provisions go hand-inhand, it is absurd to say that the broader[130] right to information on matters of
public concern is already enforceable while the correlative duty of the State to
disclose its transactions involving public interest is not enforceable until there is an
enabling law. Respondents cannot thus point to the absence of an implementing
legislation as an excuse in not effecting such policy.
An essential element of these freedoms is to keep open a continuing dialogue or
process of communication between the government and the people. It is in the
interest of the State that the channels for free political discussion be maintained to
the end that the government may perceive and be responsive to the people's will.
[131] Envisioned to be corollary to the twin rights to information and disclosure is the
design for feedback mechanisms.
MS. ROSARIO BRAID. Yes. And lastly, Mr. Presiding Officer, will the
people be able to participate? Will the government provide
feedback mechanisms so that the people can participate and can
react where the existing media facilities are not able to provide
full feedback mechanisms to the government? I suppose this will
be part of the government implementing operational mechanisms.
MR. OPLE. Yes. I think through their elected representatives and that is
how these courses take place. There is a message and a feedback, both
ways.
xxxx
MS. ROSARIO BRAID. Mr. Presiding Officer, may I just make one last
sentence?
I think when we talk about the feedback network, we are not
talking about public officials but also network of private business
o[r] community-based organizations that will be reacting. As a
matter of fact, we will put more credence or credibility on the private
network of volunteers and voluntary community-based organizations. So
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