Question & AnswerQ&A (EXECUTIVE ORDER NO. 2)
The constitutional basis is found in Article II (State policies) and Section 7, Article III (Bill of Rights) of the 1987 Philippine Constitution, which guarantee the people's right to information on matters of public concern and the State's policy of full public disclosure subject to reasonable conditions prescribed by law.
Information refers to any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recordings, magnetic or other tapes, electronic data, computer stored data, or similar materials made, received, or kept by any government office in connection with official business.
This Executive Order covers all government offices under the Executive Branch, including national government offices, departments, bureaus, offices, instrumentalities, government-owned or controlled corporations, and state universities and colleges. Local government units are encouraged to observe and be guided by this Order.
Access to information shall be denied if the information falls under exceptions enshrined in the Constitution, existing laws, or jurisprudence. The Department of Justice and the Office of the Solicitor General are tasked to prepare and periodically update an inventory of such exceptions.
A requester must submit a written request stating their name, contact details, identification or authorization, a reasonable description of the information, and the purpose of the request. The government office must stamp and acknowledge the request, provide assistance, respond within 15 working days or extend up to 20 working days if justified, and notify the requester of the decision with applicable fees if granted.
No fee shall be charged to accept requests. However, government offices may charge reasonable fees to cover the actual costs of reproduction and copying, subject to existing rules to ensure fees are not onerous to defeat the purpose of the Order.
Personal information shall only be disclosed if relevant and permissible by law; government offices must protect personal data from undue exposure, leaks, or wrongful acts; and unauthorized disclosure by employees or officials is prohibited unless authorized by law or this Order.
Failure to comply may lead to administrative and disciplinary sanctions against erring public officers or employees as provided under existing laws or regulations.
They may appeal the denial to the next higher authority within 15 calendar days. The appeal must be decided within 30 working days and failure to decide counts as denial. After exhausting administrative remedies, the requester may file an appropriate case in court.
There is a legal presumption in favor of access to information, public records, and official records, and no request shall be denied unless it clearly falls within the enumerated exceptions.