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Republic of the Philippines
COMPOSTELA VALLEY STATE COLLEGE
P-10, Poblacion, Compostela, Compostela Valley Province
PURSUANT TO EXECUTIVE ORDER
02, SERIES OF 2016
TABLE OF CONTENTS
- Purpose of the Manual
- Structure of the Manual
- Coverage of the Manual
- FOI Records Officer
- FOI Decision Maker
- Approval and Denial of Request to Information
- Definition of Terms
- Glossary of Words
- Promotion of Transparency in Government
- Protection of Privacy
- Standard Operating Procedures
- Receipt of Request of Information
- Initial Evaluation
- Transmittal of Request by the Records Officer to the Decision Maker
- Role of Decision Maker in Processing the Request
- Role of Records Officer to transmit the information to the requesting party
- Request for an Extension Time
- Notice to the Requesting Party of the Approval/Denial of the Request
- Approval of Request
- Denial of Request
- Remedies in Case of Denial of Request
- Request Tracking System
- Administrative Liability
- Executive Order No. 02
- Records Officers and attached agencies
- List of Exceptions
- Flow Chart
- FOI Request Form
SECTION 1: OVERVIEW
- Purpose of the Manual: The purpose of the People’s FOI Manual is to provide the process to guide and assist the college including its branches in Montevista, New Bataan, and Maragusan, in dealing with requests of information received under Executive Order E.O. No. 2 on Freedom of Information (FOI). – (See Annex “A”)
- Structure of the Manual: The manual shall set out the rules and procedures to be followed by the college including its branches in Montevista, New Bataan, and Maragusan, when a request for information is received. The Director for Administrative Services is responsible for all actions carried under this manual and may delegate this responsibility to the heads of the offices and branch directors in Montevista, New Bataan, and Maragusan who shall have overall responsibility for the decision on FOI requests, (e. to decide whether the release all the records, partially release the records or deny access).
- Coverage of the Manual: The manual shall cover all requests for information directed to the Director for Administrative Services and his/her duly authorized representatives in the main campus including its branches in the three municipalities as follows:
○ Municipality of Maragusan Branch
○ Municipality of Montevista Branch
○ Municipality of New Bataan Branch
- FOI Records Officer: There shall be a Records Office (RO) in the main campus and its 3 branches which will be respectively located at the 2nd floor of the New Building of Compostela Valley State College, and all administrative buildings of the Maragusan, Montevista and New Bataan branches manned by designated Records Officers.
The functions of the designated Records Officers include the following:
- Receiving in behalf of the college and its branches all requests for information;
- Conduct initial evaluation of the request
- Forward the FOI request to the appropriate office who has custody of the records;
- Monitor all FOI requests and appeals; provide assistance to the Decision Makers;
- Provide assistance and support to the public and staff with regard to FOI;
- Compile statistical information as required.
- FOI Decision Maker: The Decision Makers which are the Director of Administrative Services and Branch Directors in Maragusan, Montevista and New Bataan branches. The DMs will be responsible for the decision to be carried out of the FOI request, whether to release all the records, partially release the records or deny access. The DMs shall inform the designated RO of the decision to the request and provide detail explanation if request if partially or fully denied.
- Approval and Denial of Request to Information: The Director for Administrative Services/Branch Directors shall approve or deny all requests of information. In cases where they are not available during the day such authority is automatically delegated to the designated Officer In-Charge on their behalf.
SECTION 2: DEFINITION OF TERMS
INFORMATION: Any records or documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recordings, magnetic or other tapes, electronic data, computer stored data, any other similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.
OFFICIAL RECORDS: Refer to any information produced or received by a public officer or employee, or a government office in an official capacity or pursuant to a public function or duty.
PUBLIC RECORDS: Include information required by laws, executive orders, rules, or regulations to be entered, kept, or made publicly available by a government office.
OPEN DATA: Refers to publicly available data structured in a way that enables the data to be fully discernable and usable by end users. It is consistent with following principles of Public, Accessible, Described, Reusable, Complete, Timely, and Managed Post-Release.
INFORMATION FOR DISCLOSURE: Information promoting the awareness and understanding of policies, programs, activities, rules, or revisions affecting the public, government agencies, and the community and economy. It also includes information encouraging familiarity with the general operations, thrusts, and programs of the government. In line with the concept of proactive disclosure, these type of information can already be posted to government websites without need for written requests from the public.
CONFIDENTIAL INFORMATION. Information which could potentially undermine public interest and the privacy and integrity of personal information; and includes the following:
- Information affecting the reputation of individuals or the college in general
- Communications of the college, like directives and other information whereby policy formation is still in progress.
- Information for general disclosure but not yet completed or contingent upon the accomplishment of other actions or the existence of certain conditions.
PUBLIC SERVICE CONTRACTOR. Shall be defined as a private entity that has dealing, contract, or a transaction or whatever form or kind with the government or a government agency or office that utilizes public funds.
PERSONAL INFORMATION. Shall refer to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly or certainly identify an individual.
SENSITIVE PERSONAL INFORMATION. As defined in the Data Privacy Act of 2012, shall refer to personal information:
- About an individual race, ethnic origin, marital status, age, color and religious philosophical or political affiliations;
- About an individual health, education, genetic or sexual life of a person, or to any proceedings for any offense committed or alleged to have committed by such person, the disposal of such proceedings or the sentence of any court in such proceedings;
- Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
- Specifically established by an executive order or an act of Congress to be kept classified.
NEWS AND INFORMATION BUREAU. This office shall be headed by the designated Information Officer who is tasked to formulate, develop and implement a system information program for the college, including the strategies in support to its specific programs and projects.
ONLINE INFORMATION DISSEMINATION BUREAU. This unit shall be under the Information Office tasked with tracking, developing, recording and posting information into the official online website of the college in coordination with its different offices/departments and branches.
SECTION 3. GLOSSARY OF TERMS
ADMINISTRATIVE FOI APPEAL. An independent review of the initial determination made in response to a FOI request. Requesting parties who are dissatisfied with the response made on their initial request have a right to appeal that initial determination to an office within the agency, which will then conduct an independent review.
ANNUAL FOI REPORT. A report to be filed each year with the Presidential Communications Operations Office (PCOO) by all government agencies detailing the administration of the FOI. Annual FOI Reports contain detailed statistics on the number of FOI request received, processed, and pending at each government office.
CONSULTATION. When a government office locates a record that contains information of interest to another office, it will ask for the views of that other agency on the disclosability of the records before any final determination is made. This process is called a “consultation”.
EXCEPTIONS. Information that should not be released and disclosed in response to a FOI request because they are protected by the Constitution, laws or jurisprudence.
FREEDOM OF INFORMATION. The Executive Branch recognizes the right of the people to information on matters of public concern, and adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to the procedures and transactions involving public interest, subject to the procedures and limitations provided in Executive Order No. 2. This right is indispensable to the exercise of the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making.
FOI CONTACT. The name, address and phone number at each government office where you can make a FOI request.
FOI REQUEST. A written request submitted to a government office personally or by email asking for records on any topic. A FOI request can generally be made by any Filipino to any government office.
FOI RECEIVING OFFICE. The primary contact at each agency where the requesting party can call and ask questions about the FOI process or the pending FOI request.
FREQUENTLY REQUESTED INFORMATION. Information released in response to a FOI request that the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records.
FULL DENIAL. When the college cannot release any records in response to a FOI request, because the requested information is exempt from disclosure in its entirety or, no records responsive to the request could be located.
FULL GRANT. When a government office is able to disclose all records in full in response to a FOI request.
MULTI-TRACK PROCESSING. A system that divides incoming FOI requests according to their complexity so that simple requests requiring relatively minimal review are placed in one processing track and more complex requests are placed in one or more other tracks. Requests granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out (FIFO) basis.
PARTIAL GRANT/PARTIAL DENIAL. When a government office is able to disclose portions of the records in response to a FOI request, but must deny other portions of the request.
PENDING REQUEST OR PENDING APPEAL. An FOI request or administrative appeal for which a government office has not yet taken final actions in all respects. It captures anything that is open at a given time including requests that are well within the statutory response time.
PERFECTED REQUEST. A FOI request, which reasonably describes the records, sought and is made in accordance with the government office’s regulations.
PROACTIVE DISCLOSURE. Information made publicly available by government agencies without waiting for specific FOI request. Government agencies now post on their websites a vast amount of material concerning their functions and mission.
PROCESSED REQUEST OR PROCESSED APPEAL. The number of requests or appeals where the agency has completed its work and sent a final response to the requester.
RECEIVED REQUEST OR RECEIVED APPEAL. An FOI request or administrative appeal that an agency has received within a fiscal year.
REFERRAL. When a government office locates a records that originated with, or is of otherwise primary interest to another agency, it will forward that record to the other agency to process the record and to provide the final determination directly to the requester. This process is called a “referral”.
SIMPLE REQUEST. A FOI request that an agency anticipates will involve a small volume of material r which will be able to be processed relatively quickly.
SECTION 4. PROMOTION OF TRANSPARENCY IN GOVERNMENT
- Duty to Publish Information. The college shall regularly publish, print and disseminate at no cost to the public and in an accessible form, in conjunction with Republic Act 9485, or the Anti-Red Tape Act of 2007, and through their website, timely, true, accurate and updated key information including, but not limited to:
- A description of its mandate, structure, powers, functions, duties and decision-making process;
- A description of front-line services it delivers and the procedure and length of time by which they may be availed of;
- The names of its key officials, their powers, functions and responsibilities, and their profiles and curriculum vitae;
- Work programs, development plans, investment plans, projects, performance targets and accomplishment, and budgets, revenue allotments and expenditures;
- Important rules and regulations, orders or decisions;
- Current and important database and statistics that it generates;
- Bidding process and requirements; and
- Mechanisms or procedures by which the public may participate in or otherwise influence the formulation of policy or the exercise of its powers.
- Accessibility of Language and Form. The college shall endeavor to translate key information into major Filipino languages and present them in popular form and means.
- Keeping of Records. The college shall create and/or maintain in appropriate formats, accurate and reasonably complete documentation or records, policies, transactions, decisions, resolutions, enactments, actions, procedures, operations, activities, communications and documents received or filed with them and the data generated or collected.
SECTION 5. PROTECTION OF PRIVACY
While providing for access to information, the college shall afford full protection to a person’s right to privacy, as follows:
- The college shall ensure that personal information, particularly sensitive personal information, in its custody or under its control is disclosed only as permitted by existing laws. Sensitive Personal Information refers to personal information (under RA 10173, Section 13):
- About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
- About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
- Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation and tax returns; and
- Specifically established by an executive order or an act of congress to be kept classified.
- The college shall protect personal information in its custody or under its control by making reasonable security arrangements against unauthorized access, leaks or premature disclosure;
- The RO, DM or nay employee or any officials who has access, whether authorized or unauthorized, to personal information in the custody of the college, shall not disclose that information except as authorized by the college or under existing laws.
SECTION 6. STANDARD OPERATING PROCEDURES (See Annex D for flowchart)
- Receipt of Request for Information.
- The Records Officer (RO) shall receive the request for information from the requesting party and check the compliance of the following requirements:
- The request must be in writing;
- The request shall state the name and contact information of the requesting party, as well as provide valid proof of identification of authorization;
- The request shall reasonably describe the information requested, and the reason for, or purpose of the request for information. (See Annex “E”).
The request can be made through email, provided that the requesting party shall attached in the email a scanned-copy of the FOI application request, and a copy of duly recognized government ID with photo.
1.2 In case the request is not compliant with the requirements, the RO shall provide reasonable assistance to enable the requesting party to comply.
1.3 The request shall be stamped received by the RO, indicating the date and time of the receipt of the written request, the name, rank, title, and position of the public officer who actually received it, with the corresponding signature and a copy, furnished to the requesting party. In case of email requests, the email shall be printed out and shall follow the procedure mentioned above, and be acknowledged by electronic mail. The RO shall input the details of the request on the Request Tracking System and allocate a reference number.
1.4 The college must respond to any FOI request promptly, within the fifteen (15) working days following the date of receipt of the request. A working day is any day other than Saturday, Sunday or a day which is declared a national public holiday in the Philippines. In computing for the period Article 13 of the New Civil Code shall be observed.
The date of the receipt of the request will be either:
- The day on which the request is physically or electronically delivered to the government office, or directly into the email inbox of a member or staff; and
- If the government office has asked the requesting party for further details to identify and locate the requested information, the date on which the necessary clarification is received.
An exception to this will be where the request has been emailed to an absent member of staff, and this has generated an ‘out of office’ message with instructions on how to re-direct the message to another contact. Where this is the case, the date of receipt will be the day of the request arrives in the inbox of that contact.
Should the requested information need further details to identify or locate, then the working days will commence the day after it receives the requested clarification from the requesting party.
- Initial Evaluation. After receipt of the request for information, the RO shall evaluate the contents of the requests.
2.1 Requests exempted from coverage.
If the request is exempted from coverage, the RO shall recommend the denial of the request for the information to the DM. The DM shall evaluate the recommendation of the RO and shall advise the RO to notify the requesting party of the decision of the request.
The following are the exceptions:
○ Judicial affidavit (Ombudsman)
○ Judicial affidavit (Sandiganbayan)
○ Filed cases (Courts, Ombudsman, and Sandiganbayan)
○ 201 Files
○ PSB Documents
○ BAC Minutes of Meetings
○ Abstract of Bids
○ TWG Recommendations
○ Financial Report not yet audited by COA
○ Minutes of TWG Meetings
○ All reports not in the final form
○ Inter-office and Inter-agency memo/correspondence
○ Office recommendation as member of inter-agency task force / committee / body
○ Accomplished eligibility and evaluation forms for project proposals
2.2 Request relating to more than one office other the college.
If a request for information is received which requires to e complied with, of different attached agencies, bureaus and offices, the RO shall forward such request to the said attached agency, bureau and office concerned and ensure that it is well coordinated and monitor its compliance. The RO shall also clear with the respective ROs of such agencies, bureaus and offices that they will be only provided the specific information that relates to their agencies, bureaus and offices.
2.3 Requested information is not in the custody of the college.
If the requested information is not in the custody of the college, upon referral and discussions with the DM, the RO shall undertake the following steps:
○ If the records requested refer to another department, the requested information will be immediately transferred to such appropriate department through the most expeditious manner and the transferring office must inform the requesting party that the information is not held within the 15 working day limit. The 15 working day requirement for the receiving office commences the day after it receives the request.
○ If the records refer to an office not within the coverage of E.O. No. 2 (See Annex “A”), the requesting party shall be advised accordingly and provided with the contact details of that office, if known.
2.4 Requested information is already posted in the college website.
Should the information being requested is already uploaded in the website, the RO shall inform the requesting party of the said fact and give them the web address where the information is posted.
2.5 Requested information is substantially similar or identical to the previous
The RO shall deny an unreasonable subsequent identical or substantially similar request from the same requesting party whose request has already been previously granted or denied. However, the RO shall inform the applicant of the reason of such denial.
- Transmittal of Request by the RO to the DM. After receipt of the request for information, the RO shall evaluate the information being requested, identify the responsible DM and notify him of such request. The copy of the request shall also be forwarded to such DM within one (1) day from receipt of the written request. The RO shall record the date, time and name of the DM who received the request in a record book with the corresponding signature of acknowledgement of receipt of the request. The RO will report to the Directors Administrative Services in case submission is beyond the 10-day period.
- Role of DM in Processing the Request. Upon receipt of the request for information from the RO, the DM shall assess and clarify the request if necessary. He or she shall make all necessary steps to locate and retrieve the information requested be submitted to the RO within 10 days upon receipt of such request.
If the DM needs further details to identify or locate the information, he shall, through the RO, seek clarification from the requesting party. The clarification shall stop the running of the 15 working day period and will commence the day after it receives the required clarification from the requesting party.
If the DM determines that a record contains information of interest to another office, the DM shall consult with the agency concerned on the disclosability of the records before making any final determination.
- Role of RO to transmit the information to the requesting party. The RO shall collate and ensure that the information is complete. He shall attach a cover/transmittal signed by the Director for Administrative Services or Branch Directors and ensure the transmittal of such to the requesting party within 15 days upon receipt of its request for information.
- Request for an Extension Time. If the information requested requires extensive search of the office, records facilities, examination of voluminous records, the occurrence of fortuitous events or other analogous cases, the DM should inform the RO.
The RO shall inform the requesting party of the extension, setting forth the reasons for such extension. In no case shall the extension period exceed twenty (20) working days on top of the mandated fifteen (15) days to act out the request, unless exceptional circumstances warrant a longer period.
- Notice to the Requesting Party of the Approval/Denial of the Request. Once the DM approved or denied the request, he shall immediately notify the RO who shall prepare the response to the requesting party either in writing or by email. All actions on FOI requests, whether approval or denial, shall pass through the Director of Administrative Services for final approval.
- Approval of Request. In case of approval, the RO shall ensure that all records that have been retrieved and considered be checked for possible exemptions, prior to actual release. The RO shall prepare the letter or email informing the requesting party within the prescribed period that the request was granted and be directed to pay the applicable fee, if any.
- Denial of Request. In case of denial of the request wholly or partially, the RO shall, within the prescribed period, notify the requesting party of the denial in writing. The notice shall clearly set forth the ground or grounds for denial and the circumstances on which the denial is based. Failure to notify the requesting party of the action taken on the request within the period herein provided shall be deemed a denial of the request to information. All denials on FOI requests shall pass through the Director of Administrative Services or Branch Directors.
|Day 1||Day 2 – 4||Day 5 – 8||Day 9 – 10||Day 11 – 15|
· Check if request is valid.
· Stamp received.
· Provide copy to requestor.
· Log details on FOI tracker.
· Plan work needed with DM.
· If not clear what information is requester seek clarification (15 working day clock stops).
· Provided appropriate advice and assistance to requester.
· When clarification is received, NEW working day period starts.
· If no clarification received, close request (after 60 days from receipt) and notify applicant.
· Forward to DM
· Does the agency hold the Information requested.
· Is the Information already accessible?
· Is the request a repeat of a previous request from the same applicant?
· Obtain all relevant Information.
· Prepare schedule of all Information located.
· Other officials with key interest.
· Review content of documents and apply relevant exceptions.
· Consider comment / advice of officials.
· Seek clearance from secretary or head of agency. If necessary.
· Prepare Information for release – scan or photocopy documents.
· If applicant asked for Information in a certain format, comply with their preference. If practical.
· Update FOI tracker and save response.
FOI REQUEST PROCESS IN DAYS
This table sets our targets, at various points within the 15 working day response period, for completion of key steps in the process of handling an FOI request.
Each FOI request is different, so not all of these actions will be required in each case – some will be much simpler – and sometimes actions will be completed earlier or later than the targets in this table. However, it is always important to allow sufficient time for Decision Makers, etc to clear FOI responses before expiry of the 15 working day deadline.
For any request, it is essential to start looking at it as soon as it is received, to access what work needs to be done to plan that work so that the request is answered on time. This table is intended to help with that planning.
SECTION 7. REMEDIES IN CASE OF DENIAL
A person whose request for access to information has been denied may avail himself of the remedy set forth below:
Appeal to the Appeals and Review Committee. Provided, that the written appeal must be filed by the same requesting party within fifteen (15) calendar days from the notice of denial or from the lapse of the period to respond to the request.
Denial of the appeal by the heads of offices, and external campuses maybe appealed by filing a written appeal to the Central Appeals and Review Committee of the college within fifteen (15) calendar days from the notice of denial or from the lapse of the period to respond to the request.
The appeal shall be decided by the College President upon the recommendation of the College Appeals and Review Committee within thirty (30) working days from the filing of said written appeal. Failure to decide within 30-day period shall be deemed a denial of the appeal.
The denial of the Appeal by the Director of the Administrative Services or Branch Directors or the lapse of the period to respond to the request may be appealed further to the Office of the President under Administrative Order No. 22, s. 2011.
Upon exhaustion of administrative appeal remedies, the requesting party may file the appropriate judicial action in accordance with the Rules of Court.
SECTION 8. REQUEST TRACKING SYSTEM
The college through the Office of Planning, Research and Information Office in coordination with the Records Section shall establish a system to trace the status of all requests for information received by it, which may be paper based, on-line or both.
SECTION 9. FEES
No Request Fee. The college shall not charge any fee for accepting requests for access to information.
Reasonable Cost of Reproduction and Copying of the Information. The RO shall immediately notify the requesting party in case there shall be a reproduction and copying fee in order to provide the information. Such fee shall be the actual amount spent in providing the information to the requesting party. The schedule of Fees shall be posted in conspicuous places.
Exemption from Fees: The RO may exempt any requesting party from payment of fees, upon request stating the valid reason why such requesting party shall pay the fee.
In case the requesting party cannot pay the required fees, the RO may provide digital or electronic copy.
SECTION 10. ADMINISTRATIVE LIABILITY
Non-compliance with FOI. Failure to comply of the ROs, DMs or authorized Head of Offices, to this Manual may be a ground for Administrative and Disciplinary sanctions subject to existing laws. The requesting party shall submit a written complaint to the Office of the College President stating the grounds and reasons for filing such complaint. The College President shall forthwith follow the mechanism in place in handling such complaints.
1st Offense – Reprimand
2nd Offense – Suspension of One (1) to Thirty (30) days; and
3rd Offense – Dismissal from the service.
The Revised Rules on Administrative Cases in the Civil Service shall be applicable in the disposition of cases under this Manual.
Provisions for More Stringent Laws, Rules and Regulations. Nothing in this Manual shall be construed to derogate from any law, any rules, or regulation prescribed by any body or agency, which provides for more stringent penalties.
EXECUTIVE ORDER NO. 02
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 02
OPERATIONALIZING IN THE EXECUTIVE BRANCH THE PEOPLE’S CONSTITUTIONAL RIGHT TO INFORMATION AND THE STATE POLICIES TO FULL PUBLIC DISCLOSURE AND TRANSPARENCY IN THE PUBLIC SERVICE AND PROVIDING GUIDELINES THEREFORE
WHEREAS, pursuant to Article 28, Article II of the 1987 Constitution, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to reasonable conditions prescribed by law;
WHEREAS, Section 7, Article III of the Constitution guarantees the right of the people to information on matters of public concern;
WHEREAS, the incorporation of this right in the Constitution is a recognition of the fundamental role of free and open exchange of information in a democracy, meant to enhance transparency and accountability in government official acts, transactions, or decisions;
WHEREAS, the Executive Branch recognizes the urgent need to operationalize these Constitutional provisions;
WHEREAS, the President, under Section 17, Article VII of the Constitution, has control over all executive departments, bureaus and offices, and the duty to ensure that the laws be faithfully executed;
WHEREAS, the Data Privacy Act of 2012 (R.A. 10173), including its implementing Rules and Regulations, strengthens the fundamental human right of privacy, and of communication while ensuring the free flow of information to promote innovation and growth;
NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
SECTION 1. Definition. For the purpose of this Executive Order, the following terms shall mean:
(a) “Information” shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.
(b) “Official record/records” shall refer to information produced or received by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty.
(c) “Public record/records” shall include information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.
SECTION 2. Coverage. This order shall cover all government offices under the Executive Branch, including but not limited to the national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or -controlled corporations, and state universities and colleges. Local government units (LGUs) are encouraged to observe and be guided by this Order.
SECTION 3. Access to information. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.
SECTION 4. Exception. Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence.
The Department of Justice and the Office of the Solicitor General are hereby directed to prepare an inventory of such exceptions and submit the same to the Office of the President within thirty (30) calendar days from the date of effectivity of this Order.
The Office of the President shall thereafter, immediately circularize the inventory of exceptions for the guidance of all government offices and instrumentalities covered by this Order and the general public.
Said inventory of exceptions shall periodically be updated to properly reflect any change in existing law and jurisprudence and the Department of Justice and the Office of the Solicitor General are directed to update the inventory of exceptions as the need to do so arises, for circularization as hereinabove stated.
SECTION 5. Availability of SALN. Subject to the provisions contained in Sections 3 and 4 of this Order, all public officials are reminded of their obligation to file and make available for scrutiny their Statements of Assets, Liabilities and Net Worth (SALN) in accordance with existing laws, rules and regulations, and the spirit and letter of this Order.
SECTION 6. Application and Interpretation. There shall be a legal presumption in favor of access to information, public records and official records. No request for information shall be denied unless it clearly falls under any of the exceptions listed in the inventory or updated inventory of exceptions circularized by the Office of the President provided in the preceding section.
The determination of the applicability of any of the exceptions to the request shall be the responsibility of the Head of the Office which is in custody or control of the information, public record or official record, or the responsible central or field officer duly designated by him in writing.
In making such determination, the Head of the Office or his designated officer shall exercise reasonable diligence to ensure that no exception shall be used or availed of to deny any request for information or access to public records, or official records if the denial is intended primarily and purposely to cover up a crime, wrongdoing, graft or corruption.
SECTION 7. Protection of Privacy. While providing access to information, public records, and official records, responsible officials shall afford full protection to the right to privacy of the individual as follows:
(a) Each government office per Section 2 hereof shall ensure that personal information in its custody or under its control is disclosed or released only if it is material or relevant to the subject-matter of the request and its disclosure is permissible under this order or existing law, rules or regulations;
(b) Each government office must protect personal information in its custody or control by making reasonable security arrangements against leaks or premature disclosure of personal information which unduly exposes the individual whose personal information is requested, to vilification, harassment or any other wrongful acts.
(c) Any employee, official or director of a government office per Section 2 hereof who has access, authorized or unauthorized, to personal information in the custody of the office, must not disclose that information except when authorized under this order or pursuant to existing laws, rules or regulation.
SECTION 8. People’s Freedom to Information (FOI) Manual. For the effective implementation of this Order, every government office is directed to prepare within one hundred twenty (120) calendar days from the effectivity of this Order, its own People’s FOI Manual, which shall include among others the following provisions:
(a) The location and contact information of the head, regional, provincial, and field offices, and other established places where the public can obtain information or submit requests;
(b) The person or office responsible for receiving requests for information;
(c) The procedure for the filing and processing of the request as specified in the succeeding section 8 of this Order.
(d) The standard forms for the submission of requests and for the proper acknowledgment of requests;
(e) The process for the disposition of requests;
(f) The procedure for the administrative appeal of any denial for access to information; and
(g) The schedule of applicable fees.
SECTION 9. Procedure. The following procedure shall govern the filing and processing of request for access to information:
(a) Any person who requests access to information shall submit a written request to the government office concerned. The request shall state the name and contact information of the requesting party, provide valid proof of his identification or authorization, reasonably describe the information requested, and the reason for, or purpose of, the request for information: Provided, that no request shall be denied or refused acceptance unless the reason for the request is contrary to law, existing rules and regulations or it is one of the exceptions contained in the inventory or updated inventory of exception as hereinabove provided.
(b) The public official receiving the request shall provide reasonable assistance, free of charge, to enable, to enable all requesting parties and particularly those with special needs, to comply with the request requirements under this Section.
(c) The request shall be stamped by the government office, indicating the date and time of receipt and the name, rank, title and position of the receiving public officer or employee with the corresponding signature, and a copy thereof furnished to the requesting party. Each government office shall establish a system to trace the status of all requests for information received by it.
(d) The government office shall respond to a request fully compliant with requirements of sub-section (a) hereof as soon as practicable but not exceeding fifteen (15) working days from the receipt thereof. The response mentioned above refers to the decision of the agency or office concerned to grant or deny access to the information requested.
(e) The period to respond may be extended whenever the information requested requires extensive search of the government office’s records facilities, examination of voluminous records, the occurrence of fortuitous cases or other analogous cases. The government office shall notify the person making the request of the extension, setting forth the reasons for such extension. In no case shall the extension go beyond twenty (20) working days unless exceptional circumstances warrant a longer period.
(f) Once a decision is made to grant the request, the person making the request shall be notified of such decision and directed to pay any applicable fees.
SECTION 10. Fees. Government offices shall not charge any fee for accepting requests for access to information. They may, however, charge a reasonable fee to reimburse necessary costs, including actual costs of reproduction and copying of the information required, subject to existing rules and regulations. In no case shall the applicable fees be so onerous as to defeat the purpose of this Order.
SECTION 11. Identical or Substantially Similar Requests. The government office shall not be required to act upon an unreasonable subsequent identical or substantially similar request from the same requesting party whose request from the same requesting party whose request has already been previously granted or denied by the same government office.
SECTION 12. Notice of Denial. If the government office decides to deny the request, in whole or in part, it shall as soon as practicable, in any case within fifteen (15) working days from the receipt of the request, notify the requesting party the denial in writing. The notice shall clearly set forth the ground or grounds for denial and the circumstances on which the denial is based. Failure to notify the requesting party of the action taken on the request within the period herein stipulated shall be deemed a denial of the request for access to information.
SECTION 13. Remedies in Cases of Denial of Request for Access to Information.
(a) Denial of any request for access to information may be appealed to the person or office next higher in the authority, following the procedure mentioned in Section 7 (f) of this Order: Provided, that the written appeal must be filed by the same person making the request within fifteen (15) working days from the notice of denial or from the lapse of the relevant period to respond to the request.
(b) The appeal be decided by the person or office next higher in authority within thirty (30) working days from the filing of said written appeal. Failure of such person or office to decide within the afore-stated period shall be deemed a denial of the appeal.
(c) Upon exhaustion of administrative appeal remedies, the requesting part may file the appropriate case in the proper courts in accordance with the Rules of Court.
SECTION 14. Keeping of Records. Subject to existing laws, rules, and regulations, government offices shall create and/or maintain accurate and reasonably complete records of important information in appropriate formats, and implement a records management system that facilitates easy identification, retrieval and communication of information to the public.
SECTION 15. Administrative Liability. Failure to comply with the provisions of this Order may be a ground for administrative and disciplinary sanctions against any erring public officer or employee as provided under existing laws or regulations.
SECTION 16. Implementing Details. All government offices in the Executive Branch are directed to formulate their respective implementing details taking into consideration their mandates and the nature of information in their custody or control, within one hundred twenty (120) days from the effectivity of this Order.
SECTION 17. Separability Clause. If any section or part of this Order is held unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force or effect.
SECTION 18. Repealing Clause. All orders, rules and regulations, issuances or any part thereof inconsistent with the provisions of this Executive Order are hereby repealed, amended or modified accordingly: Provided, that the provisions of Memorandum Circular No. 78 (s. 1964), as amended, shall not be deemed repealed pending further review.
SECTION 19. Effectivity. This Order shall take effect immediately upon publication in a newspaper of general circulation.
DONE in the City of Manila, this 23rd day of July in the year of our Lord two thousand and sixteen.
(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines
By the President:
(Sgd.) SALVADOR C. MEDIALDEA
RECORDS OFFICERS AND ATTACHED AGENCIES
|CAMPUS||LOCATION OF RECORDS OFFICE||CONTACT DETAILS||ASSIGNED RECORDS OFFICER||DECISION MAKER|
|Main Campus||2nd Floor, New Building, CVSC-Compostela||Cyrille Eve R. Milay||Janice C. Hermosilla|
|News and Information Bureau||2nd Floor, New Building, CVSC-Compostela||Khif Muamar M. Miranda||Janice C. Hermosilla|
|Online Information Dissemination Bureau||2nd Floor, New Building, CVSC-Compostela||Glenn R. Bolaño||Janice C. Hermosilla|
|Planning Office||2nd Floor, New Building, CVSC-Compostela||Khif Muamar M. Miranda||Janice C. Hermosilla|
|Office of the Registrar||Ground Floor, New Building, CVSC-Compostela||
|Merla D. Getubig||Dr. Roque N. Langcoy II|
|Office of the Vice President for Academic Affairs||2nd Floor, New Building, CVSC-Compostela||Sarah O. Cabahit||Dr. Roque N. Langcoy II|
|Finance Office||Ground Floor, New Building, CVSC-Compostela||Maitah Lou Masillones||Kim F. Baloca, CPA|
|Research and Extension Development Office||2nd Floor, New Building, CVSC-Compostela||Maribel Torcino||Dr. Lilybeth M. Matunhay|
|New Bataan Branch||New Bataan Campusemail@example.com||Jemaken T. Barabat||Dr. Lilybeth M. Matunhay|
|Maragusan Branch||Maragusan Campusfirstname.lastname@example.org||Ellaine Puertos||Dr. Robert M. Gomez|
|Montevista Branch||Montevista Campusemail@example.com||Jovelyn Layague||Dr. Roque N. Langcoy II|
LIST OF EXCEPTIONS
The following are the exceptions to the right of access to information, as recognized by the
Constitution, existing laws, or jurisprudence:
- Information covered by Executive privilege;
- Privileged information relating to national security, defense or international relations;
- Information concerning law enforcement and protection of public and personal safety;
- Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused;
- Information, documents or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, boards, or officers, in relation to the performance of their functions, or to inquiries or investigation conducted by them in the exercise of their administrative, regulatory or quasi-judicial powers;
- Prejudicial premature disclosure;
- Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged;
- Matters considered confidential under banking and finance laws, and their amendatory laws; and
- Other exceptions to the right to information under laws, jurisprudence, rules and regulations.
Note: FOI Flowchart and FOI Request forms can be downloaded at the Menu Downloadable Forms under Resources Menu.
FOI REQUEST FORM