Definitions
- "Information" includes records, documents, reports, contracts, data, and any recorded materials in any format, held by government offices.
- "Official record/records" are information produced or received in an official capacity by public officials or government offices.
- "Public record/records" consist of information required by law or regulations to be made publicly available.
Scope and Coverage
- Covers all government offices under the Executive Branch, including national government agencies, government-owned or controlled corporations, and state universities and colleges.
- Local government units (LGUs) are encouraged to observe the order.
Right to Access Information
- Every Filipino has the right to access official and public records, documents relating to official acts, and research data used for policy development.
Exceptions to Access
- Access may be denied if the information falls under exceptions provided by the Constitution, law, or jurisprudence.
- The Department of Justice and Office of the Solicitor General must inventory and update exceptions, which the Office of the President will circularize for guidance.
Statements of Assets, Liabilities and Net Worth (SALN)
- Public officials must file SALNs and make them available in accordance with the spirit and letter of the order.
Legal Presumption and Responsibility on Access
- A legal presumption favors public access; denial is only allowed if clearly within the exceptions catalogued.
- The Head of Office or designated officer exercises reasonable diligence in applying exceptions and must avoid using exceptions to cover up wrongdoing.
Privacy Protections
- Personal information may only be disclosed if material, relevant, and permissible under existing law.
- Government offices must implement security measures against unauthorized disclosure.
- Employees with access to personal data are prohibited from unauthorized disclosure.
People’s Freedom to Information (FOI) Manual
- Each government office must prepare within 90 days a FOI Manual covering contact details, request procedures, forms, appeals, and fee schedules.
Procedure for Requesting Information
- Requests must be in writing with requester’s identification, description of information sought, and purpose.
- Requests cannot be denied for the requester’s reason unless contrary to law or within exceptions.
- Offices must assist requesters and stamp requests with receipt details.
- Responses must be given within 15 working days, with possible extensions up to 20 days for valid reasons.
- Approved requests require notification and payment of reasonable fees.
Fees
- No charge for accepting requests.
- Fees to cover reproduction costs may be imposed but must not be excessive to defeat access.
Handling of Duplicate Requests
- Offices need not process identical or substantially similar repeated requests from the same requester already granted or denied.
Denial of Requests
- Denials must be in writing within 15 working days stating clear grounds.
- Failure to notify within the period is deemed denial.
Remedies for Denied Requests
- Appeals may be filed within 15 calendar days to the next higher authority.
- The appeal decision must be made within 30 working days, else deemed denied.
- Judicial remedies may be pursued after administrative appeal.
Recordkeeping
- Government offices must maintain accurate and retrievable records.
Administrative Liability
- Non-compliance may result in disciplinary sanctions under existing laws.
Implementation Details
- Agencies must prepare and submit implementing details within 120 days of effectivity.
Separability and Repealing Clauses
- Invalid provisions do not affect the rest of the order.
- Inconsistent orders and regulations, except certain Memorandum Circulars, are repealed or amended accordingly.
Effectivity
- The order takes effect immediately upon publication in a newspaper of general circulation.