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Philippine leader signs freedom of information order
MANILA – (UPDATED, 11:31 a.m.) President Rodrigo Roa Duterte signed Saturday night the executive order mandating Freedom of Information in the Executive branch, deemed a crucial first step to widening access to government pending legislation of the expanded FOI bill that had been stalled in past Congresses.
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The directive covers “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 and -controlled corporations, state universities and colleges”.
The Executive branch holds a lot of information – which Pimentel estimated at 60 to 70 percent of the total information on government affairs that people must know – so the EO is already a good start, even though the law on a full FOI law embracing all branches is pending.
Martin Andanar, the president’s communication chief, said Duterte’s order would be welcomed by “every Filipino soul who has fought tooth and nail” for the right to information.
“Only 25 days as President, this is a record-breaking speed of a cornerstone or milestone executive order being signed”, Andanar said.
“CCPC has asked for specific limits on discretion of local officials to reject requests for public documents”.
“We must watch out for the limits on the right, in the exceptions to the E.O. that will be drawn up, the actual guidelines in securing the information, and the final version of the FOI Bill”.
The CCPC is a Securities and Exchange Commission-registered non-government organization that helps to protect press freedom, enhance the sense of accountability of journalists, and shape public opinion on media issues.
The order also detailed that information refers to “any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, map, books, photos, data, research materials, films, sound and video recording (magnetic or other tapes), electronic data computer store data or similar data or materials recorded stored or archived”.
In processing the request for information, offices should comply “as soon as practicable” but not exceeding 15 working days from the receipt.
“Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence”.
However, the offices may charge a “reasonable” fee to shoulder the actual costs of reproduction and copying of the information being requested.
Heads of agencies and officers who fail to abide by the EO will face administrative cases, Andanar said.
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The Department of Justice and the Office of the Solicitor General were directed to “prepare an inventory of such exceptions and submit the same to the Office of the President within 30 calendar days from the date of effectivity of this order”.