The Freedom of Information (FOI) under Pres. Duterte Executive Order. - PH Trending

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Sunday, 15 January 2017

The Freedom of Information (FOI) under Pres. Duterte Executive Order.

The Freedom of Information - FOI

Executive Order (EO) No. 2, otherwise known as the Freedom of Information.

(FOI) EO, was signed by President Rodrigo Roa Duterte on 23 July 2016. The FOI EO seeks to operationalize the Constitutional provisions on full public disclosure of all State transactions involving public interests (Section 28, Article ll) and the right of the people to information on matters of public concern (Section 7, Article III). EO No. 2 took effect immediately after its publication on 27 July 2016 in the Manila Bulletin.

Section 8 of EO No. 2 directed all government agencies under the Executive branch to prepare within one hundred twenty (120) calendar days from the effectivity thereof a People's FOI Manual, which shall include among others the following provisions:

(1) 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;
(2) The person or office responsible for receiving requests for information;
(3) The procedure for the filing and processing of requests;
(4) The standard forms for the submission of requests and for the proper acknowledgment of requests;
(5) The process for the disposition of requests;
(6) The procedure for the administrative appeal of any denial of access to information; and
(7) The schedule of applicable fees.

Coverage

The Manual shall cover all requests for information directed, filed or submitted to the offices under the OP-Proper, which include the following:

(1) Office of the Executive Secretary;
(2) Office of the Deputy Executive Secretary for Finance and Administration; Office of the Deputy (3) Executive Secretary for General Administration;
(4) Office of the Deputy Executive Secretary for Internal Audit;
(5) Office of the Deputy Executive Secretary for Legal Affairs;
(6) Appointments Office;
(7) Asset Management Office;
(8) Correspondence Office;
(9) Engineering Office;
(10) Finance Office;
(11) General Government Administration Office;
(12) Human Resource Management Office;
(13) Internal House Affairs Office;
(14) Legal Office;
(15) Legislative Office;
(16) Malacanang Motorpool;
(17) Malacanang Records Office;
(18) Information and Communications Technology Office;
(19) Presidential Museum and Library;
(20) Protocol Office;
(21) Social Secretary's Office; and
(22) Other offices under the OP until the adoption of their own FOI manuals

DEFINITION OF TERMS

SECTION 1. Definition of Terms. For the purpose of this People's FOI Manual, the following shall mean:

a) Administrative FOI Appeal - refers to the procedure for appealing an
unfavorable or adverse action by the FOI Decision Maker on an FOI request.
Requesting parties who are dissatisfied with the action taken by the FOI
Decision Maker on their FOI request have a right to appeal such unfavorable or adverse action to the FOI Appeals Authority, who shall then conduct a review of said appeal. 

b) Exceptions to FOI - refers to those class of privileged information that are  outside the scope of the constitutional right to information and which may not be released or disclosed to the public, as provided under the Constitution, laws or jurisprudence. These exceptions are enumerated in Annex "B" hereof. 

c) FOI Appeals Authority - refers to the office or person which decides appeals
from the action of the FOI Decision Maker, and has authority to affirm,
reverse, or modify such action.

d) FOI Decision Maker or FDM - refers to the office or person who evaluates
the recommendation of the FOI Evaluating Office on FOI requests and has
authority to approve or deny such requests.

e) FOI Evaluating Office or FEO - refers to the office with the responsibility of
evaluating and reviewing FOI requests and preparing recommendations to the
FDM.

f) FOI Receiving Office or FRO - refers to the designated office where the
public may file or submit FOI requests, inquire about the FOI process and the
status of pending FOI requests. In the OP-Proper, the Malacanang Records Office (MRO) shall act as the FRO.

g) FOI Request - is a written request by any person submitted to a government office, personally or by other electronic means, requesting information or public records as defined herein.

h) Freedom of Information or FOI - pertains to the right of the people to
information on matters of public concern, subject to the limitations established
by law.

i ) Information - means any 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.

j) Official Record/s - 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.

k) Fully compliant FOI Request - refers to an FOI request which fully complies with the formalities set forth by this People's FOI Manual.

I ) Personal Information - refers to any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.

m) Public Records - include information required by laws, executive orders,
rules, or regulations to be entered, kept, and made publicly available by a
government office.

n) Sensitive Personal Information - as defined in the Republic Act No. 10173 (Data Privacy Act of 2012), refers to personal information:

(1) About an individual race, ethnic origin, marital status, age, color, and
religious philosophical or political affiliations;

(2) About an individual health, education, genetic or sexual life of a person, or to any proceedings for any offense committed or alleged to have  committed by such person, the disposal of such proceedings or the sentence of any court in such proceedings;

(3) Issued by government agencies peculiar to an individual which includes,  but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and

(4) Specifically established by an executive order or an act of Congress to be kept classified.

Source: www.gov.ph/foi/

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