Legal basis and constitutional policy
- Section 28, Article II of the 1987 Constitution mandates full public disclosure of all State transactions involving public interest, subject to reasonable conditions prescribed by law.
- Republic Act No. 9485 (Anti-Red Tape Act of 2007) requires the State to promote transparency in each agency’s manner of transacting with the public to reduce red tape and expedite government transactions.
- Section 5 (a) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) requires public officials and employees to respond within fifteen (15) working days from receipt of public communications and to include the action taken on the request.
Who must comply; coverage of entities
- The circular directs all government agencies and instrumentalities, including government-owned or-controlled corporations, to comply.
- Compliance applies to entities performing frontline services as defined in Republic Act No. 9485.
- The directive applies to responding to all public requests and concerns addressed to the covered agencies and instrumentalities.
Definition of “frontline services”
- “Frontline services” means the process or transaction between clients and government offices or agencies.
- The process or transaction must involve applications for any privilege, right, permit, reward, license, concession, or modification, renewal, or extension of any of those enumerated applications and/or requests.
- The applications and/or requests must be acted upon in the ordinary course of business of the concerned agency or office.
Core obligation and response deadline
- Covered agencies and instrumentalities must respond to all public requests and concerns.
- The response must be made within fifteen (15) days from receipt of the request or concern.
- The obligation applies to all public requests and concerns, not limited to specific categories.
Exception for shorter legal periods
- The fifteen (15) days requirement applies unless a shorter period is provided under applicable laws and issuances.
- Where a shorter period is required by applicable laws and issuances, the covered agency or instrumentality must follow that shorter period.
Implementing directive and authority
- The directive is issued by authority of the President through the Executive Secretary, Salvador C. Medialdea.