Independent Commission for Infrastructure Limits Public Access with Executive Sessions Despite Livestreaming Policy

The Independent Commission for Infrastructure (ICI) recently issued guidelines mandating the livestreaming of all its hearings. However, multiple invited lawmakers have chosen to hold their appearances behind closed doors through executive sessions, effectively circumventing public access to these proceedings.

Since the release of the livestreaming regulations, Representatives Arjo Atayde (Quezon City 1st District), Patrick Michael Vargas (Quezon City 5th District), Marivic Co-Pilar (Quezon City 6th District), and Dean Asistio (Caloocan 3rd District) have requested executive sessions. This practice is permitted under ICI rules when requested by government agencies, resource persons, or witnesses.

Previously, the ICI resisted livestreaming, citing concerns over "trial by publicity." Brian Hosaka, Executive Director of the commission, emphasized that the body aimed to avoid proceedings being exploited for political agendas. Nevertheless, mounting public demand prompted a shift in policy. Although the ICI announced plans to begin livestreaming hearings in late October, the rollout was delayed pending the finalization of formal guidelines, which were released on November 21.

Hosaka explained that the guidelines were crafted carefully to uphold both the public's right to information and the protection of resource persons. The legal foundation for executive sessions draws from the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713), which permits withholding certain information to safeguard national security, personal privacy, ongoing investigations, and internal deliberations. The guidelines also cite the Supreme Court's ruling in Akbayan vs. Aquino, affirming the "informer’s privilege" to conceal identities of whistleblowers.

While executive sessions are customary in legislative investigations, the ICI's frequent use of closed-door hearings differs markedly from Senate and House committees, which usually livestream hearings and only grant executive sessions sparingly and at the resource person's request during sessions.

Hosaka stated, "We are prepared to livestream hearings and are just awaiting a resource person who consents to public testimony through our livestreaming platform."

Yet, with the current trend of resource persons opting for executive sessions, questions persist regarding when or if the public will ever witness an ICI hearing live, leaving transparency advocates concerned about the commission’s commitment to openness.