The new executive order, covering all government agencies under the executive branch, aims to enhance transparency and accountability in government transactions and decisions, according to Presidential Communications Office Secretary Martin Andanar.

The government, however, will deny public access to information related to national security and others included in the “inventory of exceptions,” Andanar announced during a press conference in Davao City.

The new EO, entitled “Operationalizing in the executive branch the people’s constitutional right to information and the state policies of full public disclosure and transparency in the public service and providing guidelines therefore,” was signed by the President in Davao City last Saturday night.

The new EO, which still had no official number, was announced to the public by Andanar on the eve of the President’s State of the Nation Address (SONA). It will be released officially with the stamp and seal of the President today.

“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 public-development,” the order read.

FOI FEATURES

The new EO defines information as “any records, documents, papers, reports, letters, contracts, minutes and transcripts of officials meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data or any other like or similar data or material recorded, stored or archived in whatever format” which are in custody of any government office.

Official record/records shall refer to 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.

Public record/records are information required by laws, executive orders, rules or regulations to be entered, kept and made publicly available by a government office.

The President’s new EO also “reminded” all public officials of their obligation to file and make available for scrutiny their SALN in accordance with the law.

No request for information shall be denied unless it falls under the “inventory of exceptions,” according to Andanar said.

Andanar said the Department of Justice and the Office of the Solicitor General have been directed to prepare an “inventory of exceptions” and submit it to the Office of the President within a month. The two bodies will also regularly update such inventory of exceptions as the need arises.

Asked about the kind of information exempted from public release, Andanar said: “On the top of mind, any information that puts our government in danger in terms of national security.”

The new EO also directed all government offices to prepare the “People’s Freedom to Information Manual” in the next 120 days.

The manual must include location and contact information of the offices where the public can obtain information or submit requests; the person or office responsible for receiving requests; procedure for filing and processing of the request; standard forms for requests; process of disposition of requests; procedure for administrative appeal of denial for access to information; and schedule of applicable fees.

The government office must respond to the request within 15 days from receipt of the application. The office may charge a reasonable fee to reproduce and copy the information requested.

If the government office denies the request, it must inform the requesting party in writing.

While allowing access to public records, the President has also upheld the protection of privacy of concerned individuals in the executive branch.

Government offices must ensure that personal information is disclosed only if it is relevant to the subject matter of the request and its disclosure is allowed by the law.

They must also protect personal information by making reasonable security arrangements against leaks that unduly expose the concerned individual to vilification, harassment or any wrongful act. Personal information must also not be disclosed except when authorized under this Order or pursuant to existing laws.

Andanar meantime dismissed speculations the President was rushing the FOI measure in time for his first SONA scheduled today.

He explained that the draft EO on FOI was finalized by the Palace legal team only last Saturday night. Afterwards, the President approved the measure.

“Only 25 days as President Rody Duterte, this is already a record breaking speed of cornerstone, milestone or landmark executive order being signed,” Andanar said.