Provisions of Executive Order No. 02, s. 2016
and Communications Secretary
Martin Andanar hand over a copy of the signed, sealed and stamped Executive Order on Freedom of Information to the members of the media coalition and to some members of the Congress during the Executive Order on Freedom of Information symbolic turnover in 2016. The FOI Executive Order provides for full public disclosure of all government records involving public interest, and upholds the constitutional right of people to information on matters of public concern. The Order states: The Order defines "information" to include any The law expansively defines "official records" as "information produced or received by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty," while "public records" refer to "information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office." The draft list includes information that "directly relates to national security and internal or external defense of the state;" matters of foreign affairs which "could affect ongoing bilateral or multilateral negotiations;" law enforcement matters; and proceedings and investigations being conducted by public authorities. : 1. Information covered by Executive privilege; : 2. Privileged information relating to national security, defense or international relations; : 3. Information concerning law enforcement and protection of public and personal safety; : 4. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused; : 5. 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; : 6. Prejudicial premature disclosure; : 7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged; : 8. Matters considered confidential under banking and finance laws, and their amendatory laws; and : 9. Other exceptions to the right to information under laws, jurisprudence, and IRR.
People's FOI Manual The Order directs all government offices under the Executive Branch to prepare and submit their own People's FOI Manual within 120 days upon its effectivity. It shall include: As of August 2018, the following agencies have submitted their People's FOI Manuals: • 100% or 190 out of 190 National Government Agencies (NGAs); • 85% or 100 out of 118 GOCCs; • 90% or 101 out of 112 SUCs; and • 34% or 176 out of 521 Local Water Districts (LWDs).
Process of requesting information Filipino citizens may access government information either through the standard (paper-based) platform or the Electronic FOI (eFOI) Portal. The request for access to a government document by any member of the public shall be in writing and must include the name and contact information of the requesting party, a valid proof of his identification, the specific information being requested, and the reason or purpose for the request for information. Upon receiving the application, the government official must provide reasonable assistance to the requesting party, and shall respond and notify the applicant of their decision in relation to the request within 15 working days of receiving the request. If access has been denied wholly or in part, reasons must be provided to the applicant. The Order states: "No request for information shall be denied unless it clearly falls under any of the exceptions listed in the inventory or updated inventory of exceptions." The 15 working day response period may be extended to additional 20 working days, in cases where the information being requested requires extensive research or examination of voluminous records. The response period may also be prolonged in the event of unexpected disruption to government services. The government official is then required to notify the applicant of the extension. Failure to notify the requesting party of the action taken on the request within the response period will be viewed as a denial of the request.
Sanctions for non-compliance Pursuant to the Order, failure to comply with its provisions may be a ground for administrative and disciplinary sanctions against any erring public officer based on the Revised Rules on Administrative Cases in the Civil Service.
Remedies in case of denial A person whose request for access to information has been denied may file an appeal to the Central Appeals and Review Committee of the concerned agency. Written appeal must be filed by the same person making the request within 15 calendar days from the notice of denial or from the lapse of the period to respond to the request. The appeal shall be decided within 30 working days from the filing of said written appeal. Failure of such person or office to decide within the period shall be deemed a denial of the appeal. Upon exhaustion of administrative appeal remedies, the requesting party may file the appropriate judicial action in accordance with the Rules of Court. == The Freedom of Information – Project Management Office ==