President Duterte signs EO on FOI

President Rodrigo Duterte has signed an executive order (EO) on Freedom of Information, Presidential Communications Office Secretary Martin Andanar announced Sunday morning.

At a press conference in Davao City, Andanar said the EO was finalized and signed Saturday night after discussions with Presidential Legal Counsel Secretary Salvador Panelo, Executive Secretary Salvador Medialdea, and Undersecretary Jesus Quitain.

"We are now holding a final copy of an EO on the FOI... After 29 years and only 25 days of President Rodrigo Duterte, this is already a record breaking speed of a cornerstone or milestone or landmark executive order being signed," he said.

See here the copy of the EO

Andanar recalled that the first resolution for FOI was submitted to Congress by the late senator Raul Roco at least 29 years ago.

Then Camarines Sur representative Roco submitted House Bill 498 or the Right to Information bill, which was passed by the House of Representatives Committee on Public Information in 1987.

“On the first day of President Rody Duterte on June 30, we already pushed for the executive order on the Freedom of Information. There were substansive pushing and pulling additions to this executive order for a more transparent executive branch of government and there is no planned timing of signing it yesterday,” Andanar said.

The EO was signed two days before Duterte delivers his first State of the Nation Address on Monday.

Executive branch

The EO states that all government offices under the executive branch are encouraged to observe and be guided by the order to enable every Filipino access to information, official records, and other public documents.

"This order shall cover all government offices under the Executive Branch, including bot not limited to tha national government and all its offices, departments, bureaus, offices, and instrumentatlities, including government-owned or -controlled corporations, and state universities and colleges. Local government units are encouraged to observe and be guided by this Order," the EO says.

"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 adds.

Process of getting information

Andanar said any person who requests for information will write to the duly authorized personnel assigned by the head of the government agency and should possess the requested information not longer than 15 days.

“The person who requests for information shall write a letter to the authorized personnel that is duly assigned by the head of the agency. The head of the agency shall review the letter, and if there [are] no questions with the request, then the person assigned should give the information not longer than 15 days,” he said.

Public officials are also reminded under the EO to make available their statement of assets, liabilities, and net worth for public scrutiny.

Andanar added that the question on the legality of the information requested will be forwared to the Department of Justice (DOJ) and the Office of the Solicitor General (OSG) to ensure it does not violate any laws.

The EO states that requests for access to information are free of charge unless the agency requires to “reimburse necessary costs, including actual costs of reproduction and copying of the information requested, subject to existing rules and regulations.”

Andanar noted that any public official who fails to release the information upon compliance of the requestor will face administrative charges.

"Failure to comply with the provisions of this Order may be a ground for administrative and disciplinary sanctions against any erring public officer or employee as prodived under exising laws or regulations," the EO states.

Exemptions

Andanar mentioned that information exempted from the EO are those that "put our government in danger in terms of national security."

Quoting from the EO, Andanar added: "Access to information shall be denied when the information falls under any of the exemptions enshrined in the Constitution, existing laws, or jurisprudence."

He said the DOJ and the OSG are directed under the EO to submit an inventory of exemptions to the Office of the President (OP) within 30 calendar days.

"The OP shall thereafter immediately circularize the inventory of exemptions for the guidance of all government offices and instrumentalities covered by this order and the general public," Andanar said.

The DOJ and the OSG are also tasked under the EO to update the list of exemptions when the need arises in accordance with existing law and jurisprudence.

Up to Congress to pass FOI bill

Meanwhile, Andanar said Duterte leaves it to both chambers of Congress on passing an FOI bill, being an independent and co-equal branch of government.

“Congress is an independent branch of government and the President believes on the independence of independent branches of government,” he said.

“The most important fact here is the FOI is not only limited to the media, but the FOI that is inclusive to the rest of the hundred million Filipinos who would want to extract and know vital information running the government,” Andanar added. —LBG/ALG, GMA News