Question & AnswerQ&A (EXECUTIVE ORDER NO. 02)
The purpose of Executive Order No. 02, s. 2016 is to operationalize in the Executive Branch the people's constitutional right to information and the State's policies on full public disclosure and transparency in the public service, by providing guidelines for access to information.
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, electronic or computer-stored data, or any other similar materials recorded or stored in any format, made, received, or kept under government control pursuant to law or official business.
The Order covers all government offices under the Executive Branch, including national government departments, bureaus, offices, instrumentalities, government-owned or controlled corporations, and state universities and colleges. Local government units are encouraged to follow it.
Every Filipino citizen has the right to access information, official records, public records, and documents related to official acts, transactions, decisions, and government research data for policy development.
Yes, access can be denied when the information falls under exceptions established by the Constitution, existing laws, or jurisprudence. The Department of Justice and Office of the Solicitor General are tasked to prepare and update an inventory of such exceptions.
Public officials are reminded to file and make their SALNs available for public scrutiny in accordance with existing laws and regulations, aligning with the transparency goals of this Executive Order.
There is a legal presumption in favor of access to information, public records, and official records. Requests shall not be denied unless they clearly fall under one of the enumerated exceptions.
Government offices must only disclose personal information relevant to the request and permissible under the law, implement reasonable security to protect personal data from leaks or premature disclosure, and ensure employees do not disclose personal data without proper authorization.
A written request must be submitted stating the requester's name, contact details, proof of identification or authorization, a reasonable description of the information requested, and the purpose of the request. The request must be accepted unless unlawful or covered by exception.
The government office must respond within fifteen (15) working days from receipt of the request. Extensions up to twenty (20) working days are possible under certain conditions, with notification of reasons, except in exceptional cases.
No fees can be charged for accepting requests. However, reasonable fees may be charged to cover necessary costs like reproduction and copying, so long as these fees do not defeat the purpose of public access.
Denial of requests can be appealed to the next higher authority within fifteen (15) calendar days. If still denied or no decision is made within thirty (30) working days, the requester may file the appropriate case in court after exhausting administrative remedies.
Failure to comply may lead to administrative and disciplinary sanctions against the offending public officer or employee under existing laws and regulations.
Each government office must prepare its own People's Freedom of Information Manual detailing office contacts, request procedures, forms, disposition processes, appeal procedures, and fee schedules.
Yes, the government office is not required to act on unreasonable subsequent identical or substantially similar requests from the same requester who had previous requests granted or denied by the same office.