President Duterte Signs Executive Order on Freedom of Information
Just days before the President Rodrigo Duterte’s first State of the Nation Address (SONA), Malacañang announced the signing of an executive order (EO) that “operationalizes” Freedom of Information (FOI).
Palace Communications Secretary Martin Andanar said “The (EO) covers all government offices under the executive branch, including government corporations and state universities.” Titled “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 Thereof,” the EO is a campaign promise of then presidential candidate Duterte to make public documents and records more available to citizens and promote transparency in the government.
The term “information” refers to “any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, map, books, photos, data, research materials, films, sound and video recording [magnetic or other tapes], electronic data computer store data or similar data or materials recorded stored or archived.”
“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,” according to the directive. Any person who wishes to request for information must submit a written request to the government office concerned. The requesting party must reveal their name, contact information, valid proof identification and purpose of the request. The Palace clarified, however, that there will be exceptions.
“Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence. The Department of Justice and the Office of the Solicitor General are directed to prepare an inventory of such exceptions,” Andanar further explained, citing a provision in the EO.
Historically, the FOI bill has languished in the legislature for 29 years since the ratification of the 1987 Constitution. Only 25 days into President Duterte’s presidency, a milestone has been achieved by the signing of the EO. The Executive's initiative now poses a challenge to the Legislature to pass “an all-embracing FOI law to fight against graft and corruption, and other forms of abuse and excesses in the government.”
As we wait for legislators to pass a bill, we look back to Asia Society’s 3rd annual Transparency Forum on Freedom of Information held last December 2014, wherein panelists discussed critical points of implementing FOI:
• Exceptions to disclosure i.e. national security concerns, trade secrets must be limited and clearly defined.
• Should there be an independent agency to implement and monitor FOI? India has a dedicated Central Information Commission to handle and process Right to Information (RTI) requests. Moreover, in the absence of an independent body, will Philippine government agencies have the capability to handle FOI requests?
• What will be the penalties for non-compliance of government offices? What will be the remedies in cases of denial of request?
• Who will be the users of FOI? Education for the citizens and how FOI will affect them and can help them is important.
Legislators at the Asia Society Transparency Forum on Freedom of Information 2014