N.B. – These are the bullet points I submitted to ABS-CBN as preparation for the taping of an episode of The Bottomline on Duterte’s first state of the nation address (SONA). The producers and host Boy Abunda were kind enough to also give me some time to discuss Executive Order No. 2 (series of 2016) which pertains to freedom of information (FOI) at the executive branch. Some of the points here were also discussed at my lecture on “Press freedom under Duterte: Initial observations” yesterday (August 4) at the West Visayas State University (WVSU) in Iloilo.

• A state of the nation address (SONA) is supposed to communicate what the executive department proposes as the legislative agenda for both the Senate and the House of Representatives. Through the years, it has become the occasion to promote the Chief Executive’s achievements (or, in the case of a first SONA, what is being planned in the next six years in office). The first SONA of Duterte is no exception. One only gets glimpses of the legislative agenda as proposed measures are raised from time to time, like the need for emergency powers to solve the traffic problem and the push for federalism.
• When he said at the beginning that he be “allowed a little bit of informality,” the audience did not expect that he will be too informal to the point where he went “off-script” several times. On one hand, the train of thought was compromised. On the other hand, he made it appear that he was speaking from the heart, unmindful of what the teleprompter says (the operator of which he, at one point, criticized for failing to roll the text properly).
• His signing of the executive order on freedom of information (FOI) before the SONA seeks to pressure Congress to do the same. The only issue now is what kind of FOI will be passed into law, because it is possible that the FOI law could be used by the powers-that-be to restrict access to information, reminiscent of the Campus Journalism Act of 1991 which was used to suppress campus press freedom.
• Having a People’s Broadcasting Corporation (PBC) to replace the current set-up is a welcome move, provided that there is indeed editorial independence to be given to the network. It is hoped that this will erase the image of government TV and radio stations as mere propaganda mouthpieces of the powers-that-be.
• The proposed first Lumad channel, Salaam Television, is also most welcome though it is hoped that editorial independence will indeed be observed.
• We have a wait-and-see attitude on the Task Force on media killings that is being planned to be convened. In the past, the PNP had Task Force Usig and Task Force Newsman, as well as reportedly a separate task force on the Ampatuan massacre case, but these hardly made a dent in curbing, much less ending, the culture of impunity in the country.
• When Duterte said that the “bona fide” media serve as the partner for change, I cannot help but wonder what he means by the term “bona fide.” Theoretically, the two strands of media are just simply the dominant media and the alternative media. I am very concerned with this statement: “Anong gawin mo sa hindi bona fide media? Iyan ang problema.”
• Executive Order No. 2 (series of 2006) on FOI aims to institutionalize transparency and accountability at the Executive Branch, including GOCCs and SUCs.
  FOI EO’s exceptions still need to be identified by the DOJ and OSG after 30 days from the EO’s effectivity. The EO also provides for regular updates of the inventory of exceptions, which could be a cause for concern. On a related note, the People’s FOI Manual shall be required of government agencies after 120 days from the EO’s effectivity.
• Under Section 9(d) of FOI EO, approval or denial of a request for information could take a maximum of 15 working days, with a possibility of extension to a maximum of 20 working days under Section 9(e), “unless exceptional circumstances warrant a longer period.” In other words, response could take a much longer time.
• The FOI EO does not explicitly state if it is retroactive or prospective. As far as media work is concerned, there is no provision stating the need to expeditiously grant information requests for journalists as deadlines are an everyday reality in media work.
• Given the inherent limitation of a six-year term in office, the FOI EO does not have a sunshine clause where classified information that has historical significance can be declassified after a certain period of time (e.g., 15 years or 25 years).
• To sum up, there are two words that must be kept in mind in dealing with Duterte: Guarded optimism. As a rejoinder, another two words come to mind: Vigilance remains.