QuestionsQuestions (NTC MEMORANDUM CIRCULAR NO. 08-08-2004A)
Memorandum Circular No. 15 states that the authority comes from Section 4 of EO No. 02 (s. 2016), which directs the DOJ and OSG to update the Inventory of Exceptions as needed and the OP to accordingly circularize it.
MC No. 15 explains that MC No. 49 (s. 2018) created the IA-FOI-EPC (with DOJ and OSG as co-chairs) to review the Inventory of Exceptions and periodically update it to reflect changes in laws and jurisprudence.
The exceptions are recognized by the Constitution, existing laws, or jurisprudence, and the list is “without prejudice” to other laws/rules authorizing disclosure upon satisfying conditions (e.g., consent or court order). In evaluating requests, heads of offices must ensure meaningful exercise of the right to information.
“Information covered by Executive privilege” is highlighted as applicable only to governmental bodies within the control/supervision of the Executive department, and the note explains it may only be invoked by the President and close advisors, with the extent defined by cases like Senate v. Ermita, Neri v. Senate, Akbayan v. Aquino, and Chavez v. PCGG.
Drafts and recommendations forming part of governmental decision/policy formulation (e.g., advisory opinions, recommendations, minutes, deliberations), intra/inter-agency communications during exploration or formulation stages, information pertaining to executive decision-making, and drafts of decisions/orders/rulings/policy memoranda.
It includes information that must be kept secret for national defense/security, diplomatic negotiations and information required to be secret for foreign affairs, and patent applications whose publication would prejudice national security and interests.
When it is part of investigation records or information that would interfere with enforcement proceedings; deprive a person of fair trial/impartial adjudication; disclose identity of confidential sources; unjustifiably disclose investigative techniques/procedures; and for specific grounds like imminent danger, informer’s privilege, recovery/apprehension outcomes for carnapping, and witness protection program proceedings.
It covers personal and sensitive personal information where disclosure would be a clearly unwarranted invasion of privacy, but personal information may be disclosed if the request shows the information is a matter of public concern/interest, does not meddle with private life/family relations, and is not prohibited by law/regulation—guided by transparency, legitimate purpose, and proportionality.
Sensitive personal information includes data on race/ethnic origin/marital status/age/color/religious or political affiliations; health/education/genetic/sexual life or proceedings for offenses and related outcomes; government-issued identifiers (e.g., social security numbers), health records, licenses/denials/suspensions/revocations, tax returns; and information specifically established by executive order or act of Congress to be classified.
Disclosure is allowed when it relates to position or functions, including: (1) fact of being an officer/employee; (2) title, business address, and office telephone; (3) classification, salary range, and responsibilities; and (4) the name of the individual on a document prepared in the course of employment.
It falls under the category of confidential information known by reason of official capacity and deemed confidential (e.g., proprietary information provided to government agencies). MC No. 15 provides examples but does not limit invocation to one office in that particular item.
Withholding is justified when premature disclosure would (a) in agencies regulating currencies/securities/commodities or financial institutions, likely lead to significant financial speculation or endanger stability of a financial institution; or (b) be likely/significantly frustrate implementation of a proposed official action—unless the agency already disclosed the content/nature of the proposed action or it is required by law to disclose prior to final action.
Yes. MC No. 15 includes an exception for records of proceedings treated as confidential or privileged by law/rules, including mediation and arbitration proceedings under ADR Act; investor-state mediation; conciliation statements under the Labor Code; CIAC arbitration; and other listed confidential investigations/proceedings.
It is expressly included as confidential under the exception on records/proceedings treated as confidential or privileged, with a note that confidentiality is lifted after issuance of the cease and desist order.
MC No. 15 lists laws such as RA 1405 (secrecy of bank deposits), RA 6426 (foreign currency deposit act), RA 8791 (general banking law), RA 9160/RA 11521 (anti-money laundering), RA 9510 (credit information system act), and RA 245 as amended by PD 1878.
Examples: (1) information deemed confidential under treaties/executive agreements/international proceedings (e.g., investor-state transparency rules or refugee proceedings under the 1951 Convention, via DOJ Circular No. 58); (2) testimony from a government official unless pursuant to a court/legal order; (3) restrictions on using requests for Statement of Assets, Liabilities and Net Worth for immoral/public policy purposes or commercial purposes other than by media; (4) attorney-client privilege between government lawyers and client.