Operationalizing Right to Information EO

"Information" encompasses all recorded data or materials in government custody whether physical or electronic.
"Official records" are documents produced or received by government officials in their official capacity.
"Public records" are documents mandated by law to be kept and made accessible to the public.

The EO applies to all government offices within the Executive Branch including government-owned or controlled corporations and state universities and colleges.
Local Government Units (LGUs) are encouraged to adopt the EO's provisions.

Guarantees every Filipino access to official information, records, and government research data related to policy development.

Access can be denied only if the information falls under constitutionally or legally recognized exceptions.
The Department of Justice and the Office of the Solicitor General must prepare and update an inventory of exceptions.
The President's Office will circulate the inventory to guide government agencies and the public.

Public officials are reminded of their obligation to file SALNs and make them available for public scrutiny, consistent with existing laws.

Legal presumption favors disclosure unless exceptions clearly apply.
The Head of the Office or designated officer must carefully determine applicability of exceptions.
Exceptions cannot be used to conceal wrongdoing, crime, graft, or corruption.

Only relevant personal information material to the request may be disclosed.
Government agencies must ensure security arrangements preventing undue exposure of personal data.
Unauthorized disclosure by any government employee or official is prohibited.

Government offices must develop a People’s Freedom of Information Manual within 90 days.
Manuals should specify locations for requests, responsible officers, procedures, forms, appeal processes, and fee schedules.

Requests must be submitted in writing, state requester’s identity and authorization, describe information sought, and state the purpose.
Requests cannot be denied for reasons contrary to law or for mere absence of purpose, except under lawful exceptions.
Request processing must include stamped receipt, assistance to requesters, and status tracking.
Response time is within 15 working days, extendable up to 20 working days under specific circumstances.
Requesters must be notified of decisions and required fees where applicable.

No fee for filing or acceptance of requests.
Reasonable fees may be charged only to cover actual reproduction or copying costs.
Fees must not be prohibitive to hinder access.

Agencies may refuse unreasonable subsequent requests for the same or similar information from the same requester if already acted upon.

Denials must be communicated in writing within 15 working days stating grounds clearly.
Failure to notify within the prescribed time is deemed a denial.

Administrative appeal may be filed within 15 calendar days to superior authority.
Appeal must be decided within 30 working days; non-action is considered denial.
Judicial remedies are available after exhaustion of administrative appeals.

Government offices shall maintain accurate and complete records in appropriate formats and establish systems for easy retrieval to facilitate public access.

Non-compliance with the EO may result in disciplinary actions under existing laws.

Government offices must formulate implementing rules within 120 days considering their mandates and information custody.

Conflicting rules or issuances are repealed or amended except for Memorandum Circular No. 78 pending review.

The EO takes effect immediately upon its publication in a newspaper of general circulation.