Freedom of Information

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1
HISTORY
• The United Nations General Assembly

adopted the Resolution 59 (1) in its first
session in 1946.
2 2
3
WHY IS
FREEDOM OF INFORMATION
IMPORTANT?
4
• Significant to DEMOCRACY
A system which requires active
engagement and participation of all
citizens in decision-making and in
governance.
5
• TRANSPARENCY and
ACCOUNTABILITY in the government
•Dismantle the culture of secrecy
•Expose wrongdoings
•Anti-corruption tool
6
The right to information is enshrined in the

1987 Philippine Constitution and recognized in
a number of policies.
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“The right of the people to information on matters

of public concern shall be recognized. Access to official
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, shall be afforded the citizen, subject to
such limitations as may be provided by law.”
-Article III, Section 7, 1987 Philippine Constitution
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“Subject to reasonable conditions prescribed by

law, the State adopts and implements a policy of full
public disclosure of all its transactions involving public
interest.”
-Article II, Section 28, 1987 Philippine Constitution
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• Executive Order No. 89, s.1993

“Directing the implementation of a policy of
accessibility and transparency in government”
• Republic Act No. 6713

“Code of Conduct and Ethical Standards for
Public Officials and Employees”
10
Despite Constitutional recognition and a

number of laws implementing the right to
information, is there still a need for
LEGISLATION?
11
12
To facilitate the To provide To punish

RIGHT TO uniform, those who
KNOW simple, and violate the right
speedy
procedure for
access to
information
13 13
Twenty-seven years since the first bill in

Congress was filed, the Philippines has yet
to pass an FOI Act (FOIA).
14
Senate Bill No. 1733

PEOPLE'S FREEDOM OF
INFORMATION ACT OF 2013
An act implementing the people's right to information and the constitutional policies of full public
disclosure and honesty in the public service and for other purposes
15
Philippine President Rodrigo Duterte

signed Executive Order No. 02, also known
as the Freedom of Information (FOI)
Program, on July 23, 2016 in Davao City.
16
E.O.
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edit Master 2016 style
It established the first Freedom of

Information (FOI) Program in the
Philippines covering all government offices
under the Executive Branch.
17
E.O.
Click toNo. 2, s. title
edit Master 2016 style
It requires all executive departments, agencies,

bureaus, and offices to disclose public records,
contracts, transactions, and any information requested
by a member of the public, except for matters
affecting national security and other information that
falls under the inventory of exceptions.
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PROVISIONS
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.
E.O. No. 2, s. 2016 19

PROVISIONS
The 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
E.O. No. 2, s. 2016 20

PROVISIONS
The Order defines "information" to include 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.”
— E.O. 2 sec. 1.a
E.O. No. 2, s. 2016 21
PROVISIONS
• Official records
- 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 records
- information required by laws, executive orders, rules,
or regulations to be entered, kept and made publicly available by a
government office.
E.O. No. 2, s. 2016 22

PROVISIONS
It also emphasizes the obligation of all public officials to file

and make available for scrutiny their Statement of Assets,
Liabilities and Net Worth (SALN) in accordance with existing
laws, jurisprudence, and implementing rules and regulations (IRR)
of the Order.
E.O. No. 2, s. 2016 23

EXCEPTION
• Information covered by Executive privilege;

• Privileged information relating to national security, defense or
international relations;
• Information concerning law enforcement and protection of
public and personal safety;
• Information deemed confidential for the protection of the
privacy of persons and certain individuals such as minors,
victims of crimes, or the accused;
E.O. No. 2, s. 2016 24

EXCEPTION
• 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;
• Prejudicial premature disclosure;
E.O. No. 2, s. 2016 25

EXCEPTION
• Records of proceedings or information from proceedings

which, pursuant to law or relevant rules and regulations, are
treated as confidential or privileged;
• Matters considered confidential under banking and finance
laws, and their amendatory laws; and
• Other exceptions to the right to information under laws,
jurisprudence, and IRR.
E.O. No. 2, s. 2016 26

“
“When you give false information,
you tend to restrict the freedom
of choice to others.”
~ Randal Marlin
27 27
Now, you’re ready for your

PERFORMANCE
TASK…
28 28

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• The United Nations General Assembly

The right to information is enshrined in the

“The right of the people to information on matters

“Subject to reasonable conditions prescribed by

• Executive Order No. 89, s.1993

• Republic Act No. 6713

Despite Constitutional recognition and a

To facilitate the To provide To punish

Twenty-seven years since the first bill in

Senate Bill No. 1733

Philippine President Rodrigo Duterte

It established the first Freedom of

It requires all executive departments, agencies,

The FOI Executive Order provides for full public

E.O. No. 2, s. 2016 19

The Order states:

E.O. No. 2, s. 2016 20

The Order defines "information" to include any

E.O. No. 2, s. 2016 22

It also emphasizes the obligation of all public officials to file

E.O. No. 2, s. 2016 23

• Information covered by Executive privilege;

E.O. No. 2, s. 2016 24

• Information, documents or records known by reason of official

E.O. No. 2, s. 2016 25

• Records of proceedings or information from proceedings

E.O. No. 2, s. 2016 26

Now, you’re ready for your

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