QuestionsQuestions (EXECUTIVE ORDER NO. 2)
It operationalizes the People’s constitutional right to information and the state policies to full public disclosure and transparency in the public service, and provides guidelines for its implementation in the Executive Branch.
It 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 recording, magnetic or other tapes, electronic/computer-stored data, and similar materials recorded/stored/archived in any format, whether offline or online, which are made/received/kept in or under the control and custody of a government office pursuant to law or in connection with official business.
Official records are information produced/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 include information required by laws/rules/regulations to be entered, kept, and made publicly available by a government office.
It covers all government offices under the Executive Branch, including national government departments, bureaus, offices, instrumentalities, GOCCs, and state universities and colleges. LGUs are encouraged (not mandated) to observe and be guided by the Order.
Every Filipino shall have access to information, official records, public records, and documents/papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development.
Access may be denied when the information falls under exceptions in the Constitution, existing law, or jurisprudence. The DOJ and OSG are tasked to prepare an inventory of such exceptions and submit it to the Office of the President within fifteen (15) calendar days from effectivity.
The Office of the President circularizes the inventory for guidance. The inventory must be periodically updated to reflect changes in law and jurisprudence. No request shall be denied unless it clearly falls under the exceptions in the inventory or updated inventory.
There is a legal presumption in favor of access to information, public records, and official records.
The Head of the Office which has custody/control of the information (or a designated responsible central or field officer in writing).
The responsible office must exercise reasonable diligence to ensure exceptions are not used to purposely cover up a crime, wrongdoing, graft, or corruption.
Officials must disclose personal information only if it is material/relevant to the request and disclosure is permissible under the Order and existing law; implement reasonable security arrangements to prevent leaks/premature disclosure that unduly exposes an individual; and prevent employees/officials/directors from disclosing personal information except when authorized.
It is the agency’s FOI guide for effective implementation, containing required items such as contact details, the receiving person/office, procedures, standard forms, disposition process, administrative appeals, and schedule of fees. Each office must prepare it within ninety (90) calendar days from EO 02’s effectivity.
The written request must include the requester’s name and contact information, valid proof of identification/authorization, a reasonable description of the information requested, and the reason/purpose for the request.
As soon as practicable but not exceeding fifteen (15) working days from receipt, deciding to grant or deny access.
Extension is allowed when the request requires extensive search, examination of voluminous records, occurrence of fortuitous cases, or analogous circumstances. The agency must notify the requester with reasons; in no case shall extension go beyond twenty (20) working days unless exceptional circumstances warrant a longer period.
Failure to notify the requester of action within the stipulated period is deemed a denial of the request. Similarly, failure of the office/person next higher in authority to decide the administrative appeal within the stated time results in a deemed denial of the appeal.
The requester may file an administrative appeal to the next higher authority within fifteen (15) calendar days from notice of denial or lapse of the response period. The appeal must be decided within thirty (30) working days; otherwise it is deemed denied. After exhausting administrative remedies, the requester may file the appropriate case in the proper courts under the Rules of Court.
Agencies may not charge any fee for accepting requests. They may charge reasonable reimbursement for necessary costs such as actual reproduction/copying, but in no case may fees be so onerous as to defeat the purpose of the Order.