166 exceptions to Duterte’s EO on FOI up for review

The Department of Justice (DOJ) and the Office of the Solicitor General have listed 166 exceptions to President Rodrigo Duterte's executive order (EO) implementing a freedom of information (FOI) mechanism in the executive branch.

A draft of the FOI Manual of the Presidential Communications Office (PCO) shows as one of its annexes 158 “exceptions to FOI” and six more listed as “other exceptions.”

The draft forwarded to the media by the PCO was as of August 22.

According to Communications Secretary Martin Andanar, the said exceptions are still up for review by the Office of Deputy Executive Secretary for Legislative Affairs (ODESLA).

“Hindi po ho final ‘yung binibigay sa atin na exemptions ng DOJ at ng Sol Gen. Ito ho ay ire-review ng ating mga kasamahan dito sa Office of Deputy Executive Secretary or Legislative Affairs,” Andanar said in an interview with state-run dzRB radio Sunday.

Under Executive Order (EO) No. 2 signed by Duterte on July 23, the DOJ and the Office of the Solicitor General were directed to prepare and submit to the Office of the President an inventory of exceptions.

“Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence,” Section 4 of the EO states.

Exceptions include requesting information that: directly relates to national security and internal or external defense of the state; pertains to foreign affairs which could affect ongoing bilateral or multilateral negotiations; are classified law enforcement matters; and are investigations or proceedings conducted by public authorities.

Also prohibited is the disclosure of “information that would put the life and safety of an individual in imminent danger”; medical records of Filipinos; “Secrecy of Bank Deposits”, including those of foreign currency; and information considered as privileged communications in legal proceedings by law or by the rules of court.

The draft list also exempts information obtained by either house of Congress or any of its committees in executive session.

“Government officials cannot be compelled to prepare lists and detailed reports on how congressional funds were disbursed,” it says.

One exception listed under “other exceptions,” include the “confidentiality of information known to a public official or employee by reason of his office.”

In the case of the FOI manual for the PCO and its attached agencies, bureaus and offices, information should be released within 15 days from receipt of written request.

A records officer (RO) shall first evaluate the information being requested, identify the so-called FOI decision maker (DM) from the appropriate agency, and notify him of the request.

The DM will then conduct an initial screening of the request for information and provide initial decision on whether to grant or deny such request. He or she shall ensure that the complete information requested is submitted to the RO within 10 days.

The RO shall then transmit the documents to the requesting party within 15 days. The RO may request additional time to complete the request but this cannot exceed 20 working days.

In case of denial, a requesting party can make an appeal to the PCO Central Appeals and Review Committee, which shall be composed of three officials designed by the Communications Secretary.

Duterte's EO only covers government offices under the executive branch. Congress has yet to pass an FOI law that would be honored across all branches of government. — Kathrina Charmaine Alvarez/BM, GMA News