Freedom of Information Order (Philippines)

Philippine President Rodrigo Duterte signed Executive Order No. 2, also known as the Freedom of Information Order, on July 23, 2016 in Davao City. The executive order established the first freedom of information (FOI) law in the Philippines covering all government offices under the Executive Branch.[1][2] Its purpose was to require all executive departments, agencies, bureaus, and offices to make public records, contracts, transactions and any information requested by a member of the public, except for matters affecting national security.[1] The landmark order was signed two days before Duterte delivered his first State of the Nation Address and just three weeks after he assumed the presidency on June 30, 2016.[2]

Provision

The Freedom of Information 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.[3]

The executive order states:

Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.
— E.O. 2 sec. 3

The order defines "information" to include all

records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.
— E.O. 2 sec. 1.a

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."[3] It also emphasizes the obligation of all public officials to file and make available for scrutiny their Statement of Assets, Liabilities and Net worth in accordance with existing laws.[3]

The FOI order covers the national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned and controlled corporations, and state universities and colleges. It also encourages all local government units (LGUs) "to observe and be guided by this Order."[3]

Exception

The order instructs the Department of Justice (DOJ) and the Office of the Solicitor General (OSG) to prepare and submit an inventory of information that falls under any of the exceptions enshrined in the Constitution, existing laws or jurisprudence, within 30 days. It adds that the inventory of exceptions shall be periodically updated to "properly reflect any change in existing laws and jurisprudence."[3]

As of August 22, 2016, the DOJ and OSG have submitted a list of 166 exceptions, 158 of which are "exceptions to FOI" and 6 more listed as "other exceptions."[4] 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.[4]

It also lists as exemptions information that might endanger a person's life or safety, such as medical records, bank deposits, and other information considered as privileged communication in legal proceedings by law or by the rules of court. Presidential Communications Secretary Martin Andanar said the draft list of exceptions would still be reviewed by the Office of the Deputy Executive Secretary for Legal Affairs.[4]

People's FOI Manual

The order also directs all government offices under the executive branch to prepare and submit their own People's Freedom of Information Manual within 120 days. It shall include:

(a) The location and contact information of the head, regional, provincial, and field offices, and other established places where the public can obtain information or submit requests;
(b) The person or office responsible for receiving requests for information;
(c) The procedure for the filing and processing of the request as specified in the succeeding section 8 of this Order.
(d) The standard forms for the submission of requests and for the proper acknowledgment of requests;
(e) The process for the disposition of requests;
(f) The procedure for the administrative appeal of any denial for access to information; and
(g) The schedule of applicable fees.
— E.O. 2 sec. 8

Requesting Information

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.[2] 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 days of receiving the request.[2] If access has been refused 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."[2] The request can also incur charges.[3]

The 15-day response period may be extended 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.[3] 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.[3]

References

  1. 1 2 "Duterte signs freedom of information order". Bangkok Post. 24 July 2016. Retrieved 30 August 2016.
  2. 1 2 3 4 5 Romero, A. (24 July 2016). "Duterte signs historic EO on Freedom of Information". The Philippine Star. Retrieved 30 August 2016.
  3. 1 2 3 4 5 6 7 8 "Executive Order No. 02, s. 2016". Official Gazette of the Republic of the Philippines. Retrieved 30 August 2016.
  4. 1 2 3 Alvarez, K.C. (28 August 2016). "166 exceptions to Duterte's EO on FOI up for review". GMA Network. Retrieved 30 August 2016.

External links

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