Law Summary
Scope of Information Covered
- All documents, records, communications, and related materials generated by DENR officers, employees, or commissioned non-government entities.
- Data, information, or documents submitted by DENR clientele for Environment and Natural Resources (ENR) management and related activities.
- Statements, opinions, and information provided by DENR officials and employees during interviews and press conferences.
- Implementation subject to existing communication security government policies.
Classification of DENR Written Documents
- Documents are classified into five categories: Public Circulation (PC), Limited Circulation (LC), Restricted Documents (RD), Confidential Documents (CD), and Top Secret/Secret Documents (TS/S).
- PC documents are generally accessible to the public without formal requests.
- LC documents require a formal written request specifying purpose and possibly payment, approval by the relevant Director.
- RD are for internal DENR use only; access requires formal request and certification on proper use, approval by Director.
- CD are restricted to concerned DENR officials/personnel; client-submitted ENR data falls under this category; disclosure only with Secretary's discretion or court order.
- TS/S documents impact national security; access only by Department Head and higher officials with Presidential clearance.
- Originating offices are responsible for initial classification; reclassification by receiving offices is permitted.
- Documents must be labeled with classification initials and updated if reclassified.
Guidelines for Information Dissemination Through Interviews
- The Secretary is the authorized spokesperson on critical national/international issues unless otherwise designated.
- Bureau/Office Directors and Regional Directors may speak on matters within their jurisdiction; Assistant Directors and Regional Technical Directors require prior authorization.
- Statements affecting other sectors or the Department as a whole require prior clearance from senior officials.
- On unresolved policy matters, only the Secretary or designated spokesperson should issue statements.
- Statements adversely affecting other government branches or foreign countries must come from the Secretary or designated representative.
- Statements on sensitive topics such as graft, corruption, personal matters, or agency image require prior clearance and consultation.
- Official positions affecting regional and community offices must be furnished timely through Public Information-related divisions.
Sanctions and Penalties for Policy Violations
- Violations constitute grounds for legal action under the Code of Conduct and Ethical Standards for Public Officials (RA 6713), Omnibus Rules, Civil Service laws, and the Revised Penal Code.
- Disclosure or misuse of classified or confidential information treated as a grave offense.
- Penalties include suspension from six months to one year for the first offense and dismissal for the second offense.
Implementation and Oversight
- The Head of the Executive Agency (HEA) oversees policy implementation.
- Public Information Division, Records Management and Documentation Division, and regional Public Affairs Offices cooperate for enforcement and policy improvement.
Separability Clause
- Unconstitutional provisions do not nullify the entire Order; remaining provisions continue in full effect if they can independently subsist.
Repealing Clause
- All previous Orders, Memoranda, and issuances inconsistent with this policy are repealed, amended, or modified accordingly.
Effectivity
- The Order takes effect fifteen days after publication in newspapers of general circulation.