Freedom of Information (FOI) Program

November 11, 2016

FOI MEMORANDUM CIRCULAR NO. 01-16

 

BACKGROUND

1.0 On 23 July 2016, President Rodrigo Roa Duterte signed Executive Order (EO) No. 2 entitled Operationalizing in the Executive Branch of the People's Constitutional Right to Information and the State Policies to Full Public Disclosure and Transparency in the Public Service and Providing Guidelines Therefor. The Office of the President, through the Presidential Communications Operations Office (PCOO), was tasked to take the lead in the implementation of the FOI program including the preparation of a model manual and guidelines for the Executive Branch, including GOCCs and State Universities and Colleges.

2.0 Sections 8 and 16 under EO 2 require all government offices in the Executive branch to prepare their respective People's FOI Manuals and implementing details (Agency FOI Manual) within one hundred twenty (120) days from the effectivity of the order.

3.0 On 25 November 2016, the 120th day from effectivity of the EO, the FOI program will be launched through an official government announcement which will also showcase the FOI manuals. To assist agencies with the compliance to the EO, this memorandum provides the essential guidelines and standard forms for FOI implementation.

MODEL AGENCY FOI MANUAL

4.0 As a guide for the agencies in the development of their agency FOI Manuals, the PCOO drafted a Model Agency FOI Manual (Annex A). This, however, only serves as a guide and does not limit agencies in crafting their own agency manuals.

5.0 The Agency FOI Manual details the internal FOI guidelines and defines the specific roles and responsibilities of the following agency personnel designated to handle agency FOI requests: the FOI Champion; the Decision Maker/s; and the Receiving Officer/s. It also includes provisions on the promotion of openness in government, protection of privacy, remedies in case of denial, charging of fees, and administrative liabilities. The manual should likewise contain the detailed FOI process flow; comprehensive list of exceptions; and templates for FOI responses.

6.0 On the other hand, the People's FOI Manual is a separate document designed for the general public to guide them in making FOI requests. It should include, among others the following:

6.1 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;

6.2 the person or office responsible for receiving requests for information;

6.3 the procedure for the filing and processing of the request as specified in the succeeding section 9 of this Order;

6.4 the standard forms for the submission of requests and for the proper acknowledgment of requests;

6.5 the process for the disposition of requests;

6.6 the procedure for the administrative appeal of any denial for access to information; and,

6.7 the schedule of applicable fees.

AGENCY INFORMATION INVENTORY

7.0 The Agency Information Inventory is a master list of all government information held by an agency, containing the title, description, and file type of each information (Annex B). This list will provide the scope and limitations of the types of information which can be requested from an agency. Any information requested not included in the agency inventory is considered a basis for denial of such request.

STANDARD FOI REQUEST FORM

8.0 An FOI request will only be considered valid if applied through the fully-accomplished Standard FOI Request Form (Annex C). If in case the Requesting Party cannot fill this out, the Receiving Officer is tasked to translate such request into the form.

9.0 This form is the standard form for all FOI requests submitted to agencies covered under Section 2 of the EO. Requesting parties are required to supply all information in the form and present at least one (1) valid government-issued ID. Once a request has been approved as valid, the Receiving Officer shall provide a stamped photocopy of the form to the Requesting Party.

STANDARD FOI REGISTRY

10.0 To facilitate a uniform tracking, monitoring and evaluation system for FOI program implementation, attached herein is the Standard FOI Registry sheet (Annex D — accessible at http://bit.ly/foipco) to be managed by FOI Receiving Officers. All FOI requests should be logged in to this form and should be updated accordingly. Annex E provides a comprehensive instructional note for accomplishing the FOI Registry.

11.0 The FOI Registry will be the basis for measuring agency performance and compliance alongside important FOI analytics to assess the initial financial costs of FOI implementation.

12.0 This is an interim solution to the standardized reporting procedure across the Executive Branch; moving forward, an online electronic FOI registry system will be developed. CAIHTE

FOI EXCEPTIONS

13.0 Section 4 of EO No. 2 states that "access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing laws, or jurisprudence." The list of exceptions from the Office of the President will be forwarded and disseminated as soon as it becomes available. Agencies may refer to this master list in their respective FOI manuals.

14.0 This inventory of exceptions will be periodically updated to properly reflect any changes in the existing law and jurisprudence.

REQUIRED ACTIONS

15.0 In compliance to this memorandum, all agencies covered under EO No. 2 shall observe the following requirements before November 25, 2016:

15.1 Agencies are required to submit their Agency FOI ManualandPeople's FOI Manual (.pdf/.doc). PCOO's Model Agency FOI Manual can be converted into a People's FOI Manual by removing its Section 3 (Promotion of Openness in Government), Annex E-2 (Detailed FOI Request Process), Annex E-3 (FOI Request Process in Days), and Annex G-1 to G-6 (FOI Response Templates).

15.2 All Heads of Agencies shall designate its FOI Champion, Decision Maker/s, and Receiving Officer/s who will handle its FOI implementation. Information about these FOI Officers should be submitted before November 18, 2016 (.pdf/.doc), enumerating the following:

15.2.1 Agency Name & Address;

15.2.2 Full Names;

15.2.3 Positions;

15.2.4 Email addresses; and

15.2.5 Landline & fax numbers.

16.0 All agencies are required to submit to the PCOO the Agency Information Inventory and the accomplished FOI Registry every quarter starting March 2017. Non-submission of these requirements will be labeled as non-compliance.

17.0 As part of the compliance to the EO, all requirements shall be submitted both in soft copies and hard copies.

17.1 Soft copies of the Agency FOI Model Manual, templates, and forms, provided as annexes to this memo, can be accessed and retrieved from this link:

 http://bit.ly/foipco

17.2 Send all soft copies of submissions to [email protected] and [email protected]

17.3 Hard copies should be submitted to the following address:

 Sec. JOSE RUPERTO MARTIN M. ANDANAR

 Presidential Communications Operations Office (PCOO)

 Office of the President

 3F, New Executive Building, J.P. Laurel St., Malacañang Compound, Manila

COMPLIANCE

18.0 Section 15 of EO No. 2 states, "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."

19.0 Pursuant to this, PCOO will monitor and report on FOI program compliance to the Office of the Executive Secretary. The status of submissions will be published online via foi.gov.ph, which will be unveiled on November 25, 2016.

20.0 For compliance.

(SGD.) JOSE RUPERTO MARTIN M. ANDANARSecretary

Freedom of Information

Model Agency Manual

(IMPLEMENTING DETAILS)

Updated as of 24 November 2016

SECTION 1. Overview. —

1. Purpose: The purpose of this Agency FOI Manual (Manual) is to provide the process to guide and assist the AGENCY in dealing with requests of information received under Executive Order (E.O.) No. 2, Series of 2016, on Freedom of Information (FOI). (Annex "B")

2. Structure of the Manual: This Manual shall set out the rules and procedures to be followed by the AGENCY when a request for access to information is received. The AGENCY Head is responsible for all actions carried out under this Manual and may delegate this responsibility to the of of the AGENCY. The AGENCY Head may delegate a specific officer to act as the Decision Maker (DM), who shall have overall responsibility for the initial decision on FOI requests, (i.e., to decide whether to release all the records, partially release the records or deny access).

3. Coverage of the Manual: The Manual shall cover all requests for information directed to the AGENCY.

4. FOI Receiving Officer: There shall be an FOI Receiving Officer (FRO) designated at the AGENCY. The FRO shall preferably come from the Public Assistance or Information Office, or its equivalent, of the AGENCY. The FRO shall hold office at <INSERT LOCATION OF OFFICE>.

 The functions of the FRO shall include receiving on behalf of the AGENCY all requests for information and forward the same to the appropriate office who has custody of the records; monitor all FOI requests and appeals; provide assistance to the FOI Decision Maker; provide assistance and support to the public and staff with regard to FOI; compile statistical information as required; and, conduct initial evaluation of the request and advise the requesting party whether the request will be forwarded to the FOI Decision Maker for further evaluation, or deny the request based on:

a. That the form is incomplete; or

b. That the information is already disclosed in the AGENCY'S Official Website, foi.gov.ph, or at data.gov.ph.

 Local offices of the AGENCY shall assign their respective FROs. (Annex "C")

5. FOI Decision Maker: There shall be an FOI Decision Maker (FDM), designated by the AGENCY Head, with a rank of not lower than a Division Chief or its equivalent, who shall conduct evaluation of the request for information and has the authority to grant the request, or deny it based on the following:

a. The AGENCY does not have the information requested;

b. The information requested contains sensitive personal information protected by the Data Privacy Act of 2012;

c. The information requested falls under the list of exceptions to FOI; or

d. The request is an unreasonable subsequent identical or substantially similar request from the same requesting party whose request has already been previously granted or denied by the AGENCY.

6. Central Appeals and Review Committee: There shall be a central appeals and review committee composed of three (3) officials with a rank not lower than a Director or its equivalent, designated by the Head of the AGENCY to review and analyze the grant or denial of request of information. The Committee shall also provide expert advice to the AGENCY Head on the denial of such request.

7. Approval and Denial of Request to Information: The Decision Maker shall approve or deny all request of information. In case where the Decision Maker is on official leave, the Head of the AGENCY may delegate such authority to his Chief of Staff or any Officer not below the rank of a Director.

SECTION 2. Definition of Terms. —

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."

data.gov.ph. The Open Data website that serves as the government's comprehensive portal for all public government data that is searchable, understandable, and accessible.

FOI.gov.ph. The website that serves as the government's comprehensive FOI website for all information on the FOI. Among many other features, FOI.gov.ph provides a central resource for the public to understand the FOI, to locate records that are already available online, and to learn how to make a request for information that is not yet publicly available. FOI.gov.ph also promotes agency accountability for the administration of the FOI by graphically displaying the detailed statistics contained in Annual FOI Reports, so that they can be compared by agency and over time.

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 (FOI). 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 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. DETACa

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. Info 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 AGENCY or any of its office, bureau or agency cannot release any records in response to a FOI request, because, for example, 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.

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.

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 and open data, these types of information can already be posted to government websites, such as data.gov.ph, without need for written requests from the public.

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 basis.

OFFICIAL RECORD/S. 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.

OPEN DATA. Refers to publicly available data structured in a way that enables the data to be fully discoverable and usable by end users.

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 action 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.

PERSONAL INFORMATION. Shall refer to any information, whether recorded in a material form or not, from which the identify 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 and certainly identify an individual.

PROACTIVE DISCLOSURE. Information made publicly available by government agencies without waiting for a 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.

PUBLIC RECORDS. Shall include information required by laws, executive orders, rules, or regulations to be entered, kept, and made publicly available by a government office.

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 record 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."

SENSITIVE PERSONAL INFORMATION. As defined in the Data Privacy Act of 2012, shall refer to personal information:

(1) About an individual race, ethnic origin, marital status, age, color, and religious philosophical or political affiliations;

(2) 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;

(3) 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

(4) Specifically established by an executive order or an act of Congress to be kept classified.

SIMPLE REQUEST. A FOI request that an agency anticipates will involve a small volume of material or which will be able to be processed relatively quickly.

SECTION 3. Promotion of Openness in Government. —

1. Duty to Publish Information. The AGENCY 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. A description of its mandate, structure, powers, functions, duties and decision-making processes;

b. A description of the frontline services it delivers and the procedure and length of time by which they may be availed of;

c. The names of its key officials, their powers, functions and responsibilities, and their profiles and curriculum vitae;

d. Work programs, development plans, investment plans, projects, performance targets and accomplishments, and budgets, revenue allotments and expenditures;

e. Important rules and regulations, orders or decisions;

f. Current and important database and statistics that it generates;

g. Bidding processes and requirements; and

h. Mechanisms or procedures by which the public may participate in or otherwise influence the formulation of policy or the exercise of its powers.

2. Accessibility of Language and Form. The AGENCY shall endeavor to translate key information into major Filipino languages and present them in popular form and means.

3. Keeping of Records. The AGENCY 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 4. Protection of Privacy. —

While providing for access to information, the AGENCY shall afford full protection to a person's right to privacy, as follows: aDSIHc

a. The AGENCY shall ensure that personal information, particularly sensitive personal information, in its custody or under its control is disclosed only as permitted by existing laws;

b. The AGENCY shall protect personal information in its custody or under its control by making reasonable security arrangements against unauthorized access, leaks or premature disclosure;

c. The FRO, FDM, or any employee or official who has access, whether authorized or unauthorized, to personal information in the custody of the AGENCY, shall not disclose that information except as authorized by existing laws.

SECTION 5. Standard Procedure (See Annex "E" for flowchart). —

1. Receipt of Request for Information.

1.1 The FOI Receiving Officer (FRO) shall receive the request for information from the requesting party and check 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 or authorization; and

• The request shall reasonably describe the information requested, and the reason for, or purpose of, the request for information. (See Annex "F" for request form)

 The request can be made through email, provided that the requesting party shall attach in the email a scanned copy of the FOI request form, and a copy of a duly recognized government ID with photo.

1.2 In case the requesting party is unable to make a written request, because of illiteracy or due to being a person with disability, he or she may make an oral request, and the FRO shall reduce it in writing.

1.3 The request shall be stamped received by the FRO, indicating the date and time of the receipt of the written request, and the name, rank, title and position of the public officer who actually received it, with a 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 FRO shall input the details of the request on the Request Tracking System and allocate a reference number.

1.4 The AGENCY must respond to requests promptly, within the fifteenth (15) working day following the date of receipt of the request. A working day is any day other than a Saturday, Sunday or a day which is declared a national public holiday in the Philippines. In computing for the period, Art. 13 of the New Civil Code shall be observed.

 The date of receipt of the request will be either:

a. The day on which the request is physically or electronically delivered to the government office, or directly into the email inbox of a member of staff; or

b. 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 the request arrives in the inbox of that contact.

 Should the requested information need further details to identify or locate, then the 15 working days will commence the day after it receives the required clarification from the requesting party. If no clarification is received from the requesting party after sixty (60) calendar days, the request shall be closed.

2. Initial Evaluation. After receipt of the request for information, the FRO shall evaluate the contents of the request.

2.1. Request relating to more than one office under the AGENCY: If a request for information is received which requires to be complied with, of different offices, the FRO shall forward such request to the said office concerned and ensure that it is well coordinated and monitor its compliance. The FRO shall also clear with the respective FROs of such offices that they will only provide the specific information that relates to their offices.

2.2. Requested information is not in the custody of the AGENCY or any of its offices: If the requested information is not in the custody of the AGENCY or any of its offices, following referral and discussions with the FDM, the FRO shall undertake the following steps:

• If the records requested refer to another AGENCY, the request will be immediately transferred to such appropriate AGENCY 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, the requesting party shall be advised accordingly and provided with the contact details of that office, if known.

2.3. Requested information is already posted and available on-line: Should the information being requested is already posted and publicly available in the AGENCY website, data.gov.ph or foi.gov.ph, the FRO shall inform the requesting party of the said fact and provide them the website link where the information is posted.

2.4. Requested information is substantially similar or identical to the previous request: Should the requested information be substantially similar or identical to a previous request by the same requester, the request shall be denied. However, the FRO shall inform the applicant of the reason of such denial.

3. Transmittal of Request by the FRO to the FDM: After receipt of the request for information, the FRO shall evaluate the information being requested, and notify the FDM of such request. The copy of the request shall be forwarded to such FDM within one (1) day from receipt of the written request. The FRO shall record the date, time and name of the FDM who received the request in a record book with the corresponding signature of acknowledgement of receipt of the request.

4. Role of FDM in processing the request: Upon receipt of the request for information from the FRO, the FDM shall assess and clarify the request if necessary. He or she shall make all necessary steps to locate and retrieve the information requested. The FDM shall ensure that the complete information requested be submitted to the FRO within 10 days upon receipt of such request.

The FRO shall note the date and time of receipt of the information from the FDM and report to the AGENCY Head or the designated officer, in case the submission is beyond the 10-day period.

If the FDM needs further details to identify or locate the information, he shall, through the FRO, 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 FDM determines that a record contains information of interest to another office, the FDM shall consult with the agency concerned on the disclosability of the records before making any final determination. ETHIDa

5. Role of FRO to transmit the information to the requesting party: Upon receipt of the requested information from the FDM, the FRO shall collate and ensure that the information is complete. He shall attach a cover/transmittal letter signed by the AGENCY Head or the designated officer and ensure the transmittal of such to the requesting party within 15 working days upon receipt of the request for information.

6. Request for an Extension of Time: If the information requested requires extensive search of the government's office records facilities, examination of voluminous records, the occurrence of fortuitous events or other analogous cases, the FDM should inform the FRO.

The FRO shall inform the requesting party of the extension, setting forth the reasons for such extension. In no case shall the extension exceed twenty (20) working days on top of the mandated fifteen (15) working days to act on the request, unless exceptional circumstances warrant a longer period.

7. 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 FRO 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 AGENCY Head or his designated officer for final approval.

8. Approval of Request: In case of approval, the FRO shall ensure that all records that have been retrieved and considered be checked for possible exemptions, prior to actual release. The FRO 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 fees, if any.

9. Denial of Request: In case of denial of the request wholly or partially, the FRO 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 Office of the AGENCY Head or to his designated officer.

SECTION 6. 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:

1. Administrative FOI Appeal to the AGENCY Central 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.

a. Denial of a request may be appealed by filing a written appeal to the AGENCY Central Appeals and Review Committee within fifteen (15) calendar days from the notice of denial or from the lapse of the period to respond to the request.

b. The appeal shall be decided by the AGENCY Head upon the recommendation of the Central Appeals and Review Committee within thirty (30) working days from the filing of said written appeal. Failure to decide within the 30-day period shall be deemed a denial of the appeal.

2. Upon exhaustion of administrative FOI appeal remedies, the requesting party may file the appropriate judicial action in accordance with the Rules of Court.

SECTION 7. Request Tracking System. —

The AGENCY 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 8. Fees. —

1. No Request Fee: The AGENCY shall not charge any fee for accepting requests for access to information.

2. Reasonable Cost of Reproduction and Copying of the Information: The FRO 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 by the AGENCY in providing the information to the requesting party. The schedule of fees shall be posted by the AGENCY.

3. Exemption from Fees: The AGENCY may exempt any requesting party from payment of fees, upon request stating the valid reason why such requesting party shall not pay the fee.

SECTION 9. Administrative Liability. —

1. Non-compliance with FOI. Failure to comply with the provisions of this Manual shall be a ground for the following administrative penalties:

a. 1st Offense — Reprimand;

b. 2nd Offense — Suspension of one (1) to thirty (30) days; and

c. 3rd Offense — Dismissal from the service.

2. Procedure. The Revised Rules on Administrative Cases in the Civil Service shall be applicable in the disposition of cases under this Manual.

3. Provisions for More Stringent Laws, Rules and Regulations. Nothing in this Manual shall be construed to derogate from any law, any rules, or regulations prescribed by any body or agency, which provides for more stringent penalties.

ANNEX A

FOI FREQUENTLY ASKED QUESTIONS

Introduction to FOI

1. What is FOI?

Freedom of Information (FOI)is the government's response to the call for transparency and full public disclosure of information. FOI is a government mechanism which allows Filipino citizens to request any information about the government transactions and operations, provided that it shall not put into jeopardy privacy and matters of national security.

The FOI mechanism for the Executive Branch is enabled via Executive Order No. 2, series of 2016. cSEDTC

2. What is Executive Order No. 2 S. 2016?

Executive Order No. 2 is the enabling order for FOI. EO 2 operationalizes in the Executive Branch the People's Constitutional right to information. EO 2 also provides the State policies to full public disclosure and transparency in the public service.

EO 2 was signed by President Rodrigo Roa Duterte on July 23, 2016.

3. Who oversees the implementation of EO 2?

The Presidential Communications Operations Office (PCOO) oversees the operation of the FOI program. PCOO serves as the coordinator of all government agencies to ensure that the FOI program is properly implemented.

Making a Request

4. Who can make an FOI request?

Any Filipino citizen can make an FOI Request. As a matter of policy, requestors are required to present proof of identification.

5. What can I ask for under EO on FOI?

Information, official records, public records, and, documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.

6. What agencies can we ask information?

An FOI request under EO 2 can be made before all government offices under the Executive Branch, including government owned or controlled corporations (GOCCs) and state universities and colleges (SUCs).

FOI requests must be sent to the specific agency of interest, to be received by its respective Receiving Officer.

7. How do I make an FOI request?

a. The requestor is to fill up a request form and submits to the agency's Receiving Officer. The Receiving Officer shall validate the request and logs it accordingly on the FOI tracker.

b. If deemed necessary, the Receiving Officer may clarify the request on the same day it was filed, such as specifying the information requested, and providing other assistance needed by the Requestor.

c. The request is forwarded to the Decision Maker for proper assessment. The Decision Maker shall check if the agency holds the information requested, if it is already accessible, or if the request is a repeat of any previous request.

d. The request shall be forwarded to the officials involved to locate the requested information.

e. Once all relevant information is retrieved, officials will check if any exemptions apply, and will recommend appropriate response to the request.

f. If necessary, the head of the agency shall provide clearance to the response.

g. The agency shall prepare the information for release, based on the desired format of the Requestor. It shall be sent to the Requestor depending on the receipt preference.

8. How much does it cost to make an FOI request?

There are no fees to make a request. But the agency may charge a reasonable fee for necessary costs, including costs of printing, reproduction and/or photocopying.

9. What will I receive in response to an FOI request?

You will be receiving a response either granting or denying your request.

If the request is granted, the information requested will be attached, using a format that you specified. Otherwise, the agency will explain why the request was denied.

10. How long will it take before I get a response?

It is mandated that all replies shall be sent fifteen (15) working days after the receipt of the request. The agency will be sending a response, informing of an extension of processing period no longer than twenty (20) working days, should the need arise.

11. What if I never get a response?

If the agency fails to provide a response within the required fifteen (15) working days, the Requestor may write an appeal letter to the Central Appeals and Review Committee within fifteen (15) calendar days from the lapse of required response period. The appeal shall be decided within thirty (30) working days by the Central Appeals and Review Committee.

If all administrative remedies are exhausted and no resolution is provided, requestors may file the appropriate case in the proper courts in accordance with the Rules of Court.

12. What will happen if my request is not granted?

If you are not satisfied with the response, the Requestor may write an appeal letter to the Central Appeals and Review Committee within fifteen (15) calendar days from the lapse of required response period. The appeal shall be decided within thirty (30) working days by the Central Appeals and Review Committee.

If all administrative remedies are exhausted and no resolution is provided, requestors may file the appropriate case in the proper courts in accordance with the Rules of Court.

ANNEX B

Executive Order No. 2

ANNEX C

FOI Receiving Officers of the AGENCY and its local offices

Name of Office	Location of FOI Receiving Office	Contact Details	Assigned FOI Receiving Officer

 

ANNEX D

LIST OF EXCEPTIONS

The following are the exceptions to the right of access to information, as recognized by the Constitution, existing laws, or jurisprudence: 1

1. Information covered by Executive privilege;

2. Privileged information relating to national security, defense or international relations;

3. Information concerning law enforcement and protection of public and personal safety;

4. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused;

5. 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;

6. Prejudicial premature disclosure; SDAaTC

7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged;

8. Matters considered confidential under banking and finance laws, and their amendatory laws; and

9. Other exceptions to the right to information under laws, jurisprudence, rules and regulations.

ANNEX E

Flow Chart

ANNEX E-2

Detailed FOI Request Process

ANNEX E-3

FOI Request Process in Days

ANNEX F

FOI Request Form

ANNEX G-1

FOI RESPONSE TEMPLATE — DOCUMENT ENCLOSED

DATE

Dear __________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for <quote request exactly, unless it is too long/complicated>.

Response to your request

Your FOI request is approved. I enclose a copy of [some/most/all]* of the information you requested [in the format you asked for]

Thank you.

Respectfully,

_____________________FOI Receiving Officer

ANNEX G-2

FOI RESPONSE TEMPLATE — ANSWER

DATE

Dear ___________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for <quote request exactly, unless it is too long/complicated>.

Response to your request

Your FOI request is approved. The answer to your request is <insert answer>

Thank you.

Respectfully,

___________________FOI Receiving Officer

ANNEX G-3

FOI RESPONSE TEMPLATE — DOCUMENT AVAILABLE ONLINE

DATE

Dear __________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for <quote request exactly, unless it is too long/complicated>.

Response to your request

[Some/Most/All] of the information you have requested is already available online from <add details of where that specific information can be obtained e.g., data.gov.ph, foi.gov.ph or other government websites>.

Your right to request a review

If you are unhappy with this response to your FOI request, you may make an appeal by writing to <insert name of Official> at <insert email and address>. Your appeal should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 workings days from the date when we receive your appeal.

Thank you.

Respectfully,

___________________FOI Receiving Officer

ANNEX G-4

FOI RESPONSE TEMPLATE — DOCUMENT NOT AVAILABLE

DATE

Dear ___________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for <quote request exactly, unless it is too long/complicated>.

Response to your request

While our aim is to provide information whenever possible, in this instance this Office does not have [some of]* the information you have requested. However, you may wish to contact <insert name of other authority/organization> at<insert contact details. Who may be able to help you. The reasons why we don't have the information are explained in the Annex to this letter.

Your right to request a review

If you are unhappy with this response to your FOI request, you may make an appeal by writing to <insert name of Official> at <insert email and address>. Your appeal should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 workings days from the date when we receive your appeal.

Thank you.

Respectfully,

___________________FOI Receiving Officer

ANNEX G-5

FOI RESPONSE TEMPLATE — UNDER EXCEPTIONS

DATE

Dear ________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for <quote request exactly, unless it is too long/complicated>.

Response to your request

While our aim is to provide information whenever possible, in this instance we are unable to provide [some of]* the information you have requested because an exception(s) under section(s) <insert specific section number(s) of the List of Exceptions applies to that information>. The reasons why that exemption(s) applies are explained in the Annex to this letter.

Your right to request a review

If you are unhappy with this response to your FOI request, you may make an appeal by writing to <insert name of Official> at <insert email and address>. Your appeal should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 workings days from the date when we receive your appeal. acEHCD

Thank you.

Respectfully,

___________________FOI Receiving Officer

ANNEX G-6

FOI RESPONSE TEMPLATE — IDENTICAL REQUEST

DATE

Dear __________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for <quote request exactly, unless it is too long/complicated>.

Response to your request

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because it is substantially similar or identical to a previous request that you made on <insert date of previous request>, which we responded to on <insert date of response>.

Your right to request a review

If you are unhappy with this response to your FOI request, you may make an appeal by writing to <insert name of Official> at <insert email and address>. Your appeal should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 workings days from the date when we receive your appeal.

Thank you.

Respectfully,

____________________FOI Receiving Officer

Freedom of Information

Model People's Manual

Updated as of 24 November 2016

SECTION 1. Overview. —

1. Purpose: The purpose of this People's FOI Manual (Manual) is to provide the process to guide and assist Filipino Citizens in requesting for information under Executive Order (E.O.) No. 2, Series of 2016, on Freedom of Information (FOI). (Annex "B")

2. Structure of the Manual: This Manual shall set out the rules and procedures to be followed by the AGENCY when a request for access to information is received. The AGENCY Head is responsible for all actions carried out under this Manual and may delegate this responsibility to the of of the AGENCY. The AGENCY Head may delegate a specific officer to act as the Decision Maker (DM), who shall have overall responsibility for the initial decision on FOI requests, (i.e., to decide whether to release all the records, partially release the records or deny access).

3. Coverage of the Manual: The Manual shall cover all requests for information directed to the AGENCY.

4. FOI Receiving Officer: There shall be an FOI Receiving Officer (FRO) designated at the AGENCY. The FRO shall preferably come from the Public Assistance or Information Office, or its equivalent, of the AGENCY. The FRO shall hold office at <INSERT LOCATION OF OFFICE>.

 The functions of the FRO shall include receiving on behalf of the AGENCY all requests for information and forward the same to the appropriate office who has custody of the records; monitor all FOI requests and appeals; provide assistance to the FOI Decision Maker; provide assistance and support to the public and staff with regard to FOI; compile statistical information as required; and, conduct initial evaluation of the request and advise the requesting party whether the request will be forwarded to the FOI Decision Maker for further evaluation, or deny the request based on:

a. That the form is incomplete; or

b. That the information is already disclosed in the AGENCY'S Official Website, foi.gov.ph, or at data.gov.ph.

 Local offices of the AGENCY shall assign their respective FROs. (Annex "C")

5. FOI Decision Maker: There shall be an FOI Decision Maker (FDM), designated by the AGENCY Head, with a rank of not lower than a Division Chief or its equivalent, who shall conduct evaluation of the request for information and has the authority to grant the request, or deny it based on the following:

a. The AGENCY does not have the information requested;

b. The information requested contains sensitive personal information protected by the Data Privacy Act of 2012;

c. The information requested falls under the list of exceptions to FOI; or

d. The request is an unreasonable subsequent identical or substantially similar request from the same requesting party whose request has already been previously granted or denied by the AGENCY.

6. Central Appeals and Review Committee: There shall be a central appeals and review committee composed of three (3) officials with a rank not lower than a Director or its equivalent, designated by the Head of the AGENCY to review and analyze the grant or denial of request of information. The Committee shall also provide expert advice to the AGENCY Head on the denial of such request.

7. Approval and Denial of Request to Information: The Decision Maker shall approve or deny all request of information. In case where the Decision Maker is on official leave, the Head of the AGENCY may delegate such authority to his Chief of Staff or any Officer not below the rank of a Director.

SECTION 2. Definition of Terms. —

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."

data.gov.ph. The Open Data website that serves as the government's comprehensive portal for all public government data that is searchable, understandable, and accessible.

FOI.gov.ph. The website that serves as the government's comprehensive FOI website for all information on the FOI. Among many other features, FOI.gov.ph provides a central resource for the public to understand the FOI, to locate records that are already available online, and to learn how to make a request for information that is not yet publicly available. FOI.gov.ph also promotes agency accountability for the administration of the FOI by graphically displaying the detailed statistics contained in Annual FOI Reports, so that they can be compared by agency and over time.

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 (FOI). 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 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. Info 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. SDHTEC

FULL DENIAL. When the AGENCY or any of its office, bureau or agency cannot release any records in response to a FOI request, because, for example, 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.

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.

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 and open data, these types of information can already be posted to government websites, such as data.gov.ph, without need for written requests from the public.

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 basis.

OFFICIAL RECORD/S. 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.

OPEN DATA. Refers to publicly available data structured in a way that enables the data to be fully discoverable and usable by end users.

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 action 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.

PERSONAL INFORMATION. Shall refer to any information, whether recorded in a material form or not, from which the identify 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 and certainly identify an individual.

PROACTIVE DISCLOSURE. Information made publicly available by government agencies without waiting for a 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.

PUBLIC RECORDS. Shall include information required by laws, executive orders, rules, or regulations to be entered, kept, and made publicly available by a government office.

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 record 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."

SENSITIVE PERSONAL INFORMATION. As defined in the Data Privacy Act of 2012, shall refer to personal information:

(1) About an individual race, ethnic origin, marital status, age, color, and religious philosophical or political affiliations;

(2) 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;

(3) 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

(4) Specifically established by an executive order or an act of Congress to be kept classified.

SIMPLE REQUEST. A FOI request that an agency anticipates will involve a small volume of material or which will be able to be processed relatively quickly.

SECTION 3. Protection of Privacy. —

While providing for access to information, the AGENCY shall afford full protection to a person's right to privacy, as follows:

a. The AGENCY shall ensure that personal information, particularly sensitive personal information, in its custody or under its control is disclosed only as permitted by existing laws;

b. The AGENCY shall protect personal information in its custody or under its control by making reasonable security arrangements against unauthorized access, leaks or premature disclosure;

c. The FRO, FDM, or any employee or official who has access, whether authorized or unauthorized, to personal information in the custody of the AGENCY, shall not disclose that information except as authorized by existing laws.

SECTION 4. Standard Procedure (See Annex "E" for flowchart). —

1. Receipt of Request for Information.

1.1 The FOI Receiving Officer (FRO) shall receive the request for information from the requesting party and check 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 or authorization; and

• The request shall reasonably describe the information requested, and the reason for, or purpose of, the request for information. (See Annex "F" for request form).

 The request can be made through email, provided that the requesting party shall attach in the email a scanned copy of the FOI request form, and a copy of a duly recognized government ID with photo.

1.2 In case the requesting party is unable to make a written request, because of illiteracy or due to being a person with disability, he or she may make an oral request, and the FRO shall reduce it in writing.

1.3 The request shall be stamped received by the FRO, indicating the date and time of the receipt of the written request, and the name, rank, title and position of the public officer who actually received it, with a 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 FRO shall input the details of the request on the Request Tracking System and allocate a reference number.

1.4 The AGENCY must respond to requests promptly, within the fifteenth (15) working day following the date of receipt of the request. A working day is any day other than a Saturday, Sunday or a day which is declared a national public holiday in the Philippines. In computing for the period, Art. 13 of the New Civil Code shall be observed.

 The date of receipt of the request will be either:

a. The day on which the request is physically or electronically delivered to the government office, or directly into the email inbox of a member of staff; or

b. 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 the request arrives in the inbox of that contact. AScHCD

 Should the requested information need further details to identify or locate, then the 15 working days will commence the day after it receives the required clarification from the requesting party. If no clarification is received from the requesting party after sixty (60) calendar days, the request shall be closed.

2. Initial Evaluation. After receipt of the request for information, the FRO shall evaluate the contents of the request.

2.1. Request relating to more than one office under the AGENCY: If a request for information is received which requires to be complied with, of different offices, the FRO shall forward such request to the said office concerned and ensure that it is well coordinated and monitor its compliance. The FRO shall also clear with the respective FROs of such offices that they will only provide the specific information that relates to their offices.

2.2. Requested information is not in the custody of the AGENCY or any of its offices: If the requested information is not in the custody of the AGENCY or any of its offices, following referral and discussions with the FDM, the FRO shall undertake the following steps:

• If the records requested refer to another AGENCY, the request will be immediately transferred to such appropriate AGENCY 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, the requesting party shall be advised accordingly and provided with the contact details of that office, if known.

2.3. Requested information is already posted and available on-line: Should the information being requested is already posted and publicly available in the AGENCY website, data.gov.ph or foi.gov.ph, the FRO shall inform the requesting party of the said fact and provide them the website link where the information is posted.

2.4. Requested information is substantially similar or identical to the previous request: Should the requested information be substantially similar or identical to a previous request by the same requester, the request shall be denied. However, the FRO shall inform the applicant of the reason of such denial.

3. Transmittal of Request by the FRO to the FDM: After receipt of the request for information, the FRO shall evaluate the information being requested, and notify the FDM of such request. The copy of the request shall be forwarded to such FDM within one (1) day from receipt of the written request. The FRO shall record the date, time and name of the FDM who received the request in a record book with the corresponding signature of acknowledgement of receipt of the request.

4. Role of FDM in processing the request: Upon receipt of the request for information from the FRO, the FDM shall assess and clarify the request if necessary. He or she shall make all necessary steps to locate and retrieve the information requested. The FDM shall ensure that the complete information requested be submitted to the FRO within 10 days upon receipt of such request.

The FRO shall note the date and time of receipt of the information from the FDM and report to the AGENCY Head or the designated officer, in case the submission is beyond the 10-day period.

If the FDM needs further details to identify or locate the information, he shall, through the FRO, 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 FDM determines that a record contains information of interest to another office, the FDM shall consult with the agency concerned on the disclosability of the records before making any final determination.

5. Role of FRO to transmit the information to the requesting party: Upon receipt of the requested information from the FDM, the FRO shall collate and ensure that the information is complete. He shall attach a cover/transmittal letter signed by the AGENCY Head or the designated officer and ensure the transmittal of such to the requesting party within 15 working days upon receipt of the request for information.

6. Request for an Extension of Time: If the information requested requires extensive search of the government's office records facilities, examination of voluminous records, the occurrence of fortuitous events or other analogous cases, the FDM should inform the FRO.

The FRO shall inform the requesting party of the extension, setting forth the reasons for such extension. In no case shall the extension exceed twenty (20) working days on top of the mandated fifteen (15) working days to act on the request, unless exceptional circumstances warrant a longer period.

7. 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 FRO 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 AGENCY Head or his designated officer for final approval.

8. Approval of Request: In case of approval, the FRO shall ensure that all records that have been retrieved and considered be checked for possible exemptions, prior to actual release. The FRO 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 fees, if any.

9. Denial of Request: In case of denial of the request wholly or partially, the FRO 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 Office of the AGENCY Head or to his designated officer.

SECTION 5. 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:

1. Administrative FOI Appeal to the AGENCY Central 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.

a. Denial of a request may be appealed by filing a written appeal to the AGENCY Central Appeals and Review Committee within fifteen (15) calendar days from the notice of denial or from the lapse of the period to respond to the request.

b. The appeal shall be decided by the AGENCY Head upon the recommendation of the Central Appeals and Review Committee within thirty (30) working days from the filing of said written appeal. Failure to decide within the 30-day period shall be deemed a denial of the appeal.

2. Upon exhaustion of administrative FOI appeal remedies, the requesting party may file the appropriate judicial action in accordance with the Rules of Court.

SECTION 6. Request Tracking System. —

The AGENCY 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 7. Fees. —

1. No Request Fee: The AGENCY shall not charge any fee for accepting requests for access to information.

2. Reasonable Cost of Reproduction, Copying, and/or Delivery of the Information: The FRO shall immediately notify the requesting party in case there shall be a reproduction, copying and/or delivery fee in order to provide the information. Such fee shall be the actual amount spent by the AGENCY in providing the information to the requesting party. The schedule of fees shall be posted by the AGENCY.

3. Exemption from Fees: The AGENCY may exempt any requesting party from payment of fees, upon request stating the valid reason why such requesting party shall not pay the fee. AcICHD

SECTION 8. Administrative Liability. —

1. Non-compliance with FOI. Failure to comply with the provisions of this Manual shall be a ground for the following administrative penalties:

a. 1st Offense — Reprimand;

b. 2nd Offense — Suspension of one (1) to thirty (30) days; and

c. 3rd Offense — Dismissal from the service.

2. Procedure. The Revised Rules on Administrative Cases in the Civil Service shall be applicable in the disposition of cases under this Manual.

3. Provisions for More Stringent Laws, Rules and Regulations. Nothing in this Manual shall be construed to derogate from any law, any rules, or regulations prescribed by any body or agency, which provides for more stringent penalties.

ANNEX A

FOI FREQUENTLY ASKED QUESTIONS

Introduction to FOI

1. What is FOI?

Freedom of Information (FOI)is the government's response to the call for transparency and full public disclosure of information. FOI is a government mechanism which allows Filipino citizens to request any information about the government transactions and operations, provided that it shall not put into jeopardy privacy and matters of national security.

The FOI mechanism for the Executive Branch is enabled via Executive Order No. 2, series of 2016.

2. What is Executive Order No. 2 S. 2016?

Executive Order No. 2 is the enabling order for FOI. EO 2 operationalizes in the Executive Branch the People's Constitutional right to information. EO 2 also provides the State policies to full public disclosure and transparency in the public service.

EO 2 was signed by President Rodrigo Roa Duterte on July 23, 2016.

3. Who oversees the implementation of EO 2?

The Presidential Communications Operations Office (PCOO) oversees the operation of the FOI program. PCOO serves as the coordinator of all government agencies to ensure that the FOI program is properly implemented.

Making a Request

4. Who can make an FOI request?

Any Filipino citizen can make an FOI Request. As a matter of policy, requestors are required to present proof of identification.

5. What can I ask for under EO on FOI?

Information, official records, public records, and, documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.

6. What agencies can we ask information?

An FOI request under EO 2 can be made before all government offices under the Executive Branch, including government owned or controlled corporations (GOCCs) and state universities and colleges (SUCs).

FOI requests must be sent to the specific agency of interest, to be received by its respective Receiving Officer.

7. How do I make an FOI request?

a. The requestor is to fill up a request form and submits to the agency's Receiving Officer. The Receiving Officer shall validate the request and logs it accordingly on the FOI tracker.

b. If deemed necessary, the Receiving Officer may clarify the request on the same day it was filed, such as specifying the information requested, and providing other assistance needed by the Requestor.

c. The request is forwarded to the Decision Maker for proper assessment. The Decision Maker shall check if the agency holds the information requested, if it is already accessible, or if the request is a repeat of any previous request.

d. The request shall be forwarded to the officials involved to locate the requested information.

e. Once all relevant information is retrieved, officials will check if any exemptions apply, and will recommend appropriate response to the request.

f. If necessary, the head of the agency shall provide clearance to the response.

g. The agency shall prepare the information for release, based on the desired format of the Requestor. It shall be sent to the Requestor depending on the receipt preference.

8. How much does it cost to make an FOI request?

There are no fees to make a request. But the agency may charge a reasonable fee for necessary costs, including costs of printing, reproduction and/or photocopying.

9. What will I receive in response to an FOI request?

You will be receiving a response either granting or denying your request.

If the request is granted, the information requested will be attached, using a format that you specified. Otherwise, the agency will explain why the request was denied.

10. How long will it take before I get a response?

It is mandated that all replies shall be sent fifteen (15) working days after the receipt of the request. The agency will be sending a response, informing of an extension of processing period no longer than twenty (20) working days, should the need arise.

11. What if I never get a response?

If the agency fails to provide a response within the required fifteen (15) working days, the Requestor may write an appeal letter to the Central Appeals and Review Committee within fifteen (15) calendar days from the lapse of required response period. The appeal shall be decided within thirty (30) working days by the Central Appeals and Review Committee.

If all administrative remedies are exhausted and no resolution is provided, requestors may file the appropriate case in the proper courts in accordance with the Rules of Court.

12. What will happen if my request is not granted?

If you are not satisfied with the response, the Requestor may write an appeal letter to the Central Appeals and Review Committee within fifteen (15) calendar days from the lapse of required response period. The appeal shall be decided within thirty (30) working days by the Central Appeals and Review Committee. TAIaHE

If all administrative remedies are exhausted and no resolution is provided, requestors may file the appropriate case in the proper courts in accordance with the Rules of Court.

ANNEX B

Executive Order No. 2

ANNEX C

FOI Receiving Officers of the AGENCY and its local offices

Name of Office	Location of FOI Receiving Office	Contact Details	Assigned FOI Receiving Officer

 

ANNEX D

LIST OF EXCEPTIONS

The following are the exceptions to the right of access to information, as recognized by the Constitution, existing laws, or jurisprudence: 1

1. Information covered by Executive privilege;

2. Privileged information relating to national security, defense or international relations;

3. Information concerning law enforcement and protection of public and personal safety;

4. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused;

5. 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;

6. Prejudicial premature disclosure;

7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged;

8. Matters considered confidential under banking and finance laws, and their amendatory laws; and

9. Other exceptions to the right to information under laws, jurisprudence, rules and regulations.

ANNEX E

Flow Chart

 

ANNEX F

FOI Request Form

Agency Name	Name of Department/Agency/Office
Title or Full Data Name	Title of the data item
Description of Data	Description of the data item
Online Publication	Yes/No
File Format	CSV, XLS, SHP, KML, TXT, PDF, DOC, etc.
Location or Download	Location of published data or URL for direct
URL	download
	For unpublished items, whether it contains information that cannot be disclosed or it cannot be disclosed because of fees and other restrictions
	Agency or office that originally owns the data. All processed data are owned by the agency that processed the data
Disclosive	Unit responsible for the data
	The date when the data item was initially released
	(YYYY-MM-DD)
Original Data Owner	Annually, Biannually, Quarterly, Monthly
Data Maintainer
Date Released
Frequency of Update

FREEDOM OF INFORMATION REQUEST FORM

IMPORTANT — Please read this information carefully before you complete the FOI request form. Once you have completed your request, we strongly advise that you keep a copy for your records.

What is Executive Order No. 2 s. 2016?

On July 23, 2016, President Rodrigo Roa Duterte signed Executive Order No. 2, also known as the Freedom of Information (FOI)Executive Order (EO). It upholds the constitutional right of people to information on matters of public concern.

The Executive Order covers all government offices under the Executive Branch, including government-owned or -controlled corporations (GOCCs) and state universities and colleges (SUCs). It requires all executive departments, agencies, bureaus, and offices to make public records, contracts, transactions and any information requested by a member of the public, except for sensitive information and matters affecting national security.

Who is overseeing the implementation of FOI Executive Order No. 2?

The Presidential Communications Operations Office (PCOO) is over-seeing the implementation and operationalization of the FOI program. PCOO is also responsible for monitoring compliance and performance of all government agencies. cDHAES

What is Freedom of Information?

The FOI EO is an important enabling mechanism to promote transparency in the government's administrative process. Through FOI, citizens are empowered to make a formal request to get information held by the government, barring certain sensitive and important data related to the nation's security. The FOI complements continuing proactive information disclosure efforts where agencies are duty-bound to publish information in the spirit of openness and transparency.

Freedom of Information is an integral element of President Duterte's Good Governance Plan aligned to reforms and initiatives that pursue greater transparency, accountability, and citizen participation in governance.

MAKING AN FOI REQUEST

Who can make an FOI request?

Under the FOI EO, any Filipino citizen can make an FOI request. As a matter of policy, requesting parties are required to present proof of identification (e.g., passport, driver's license, SSS ID, voters ID) in the submission of an FOI request.

Which agencies can I request information from?

An FOI request can be made to any government office 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.

What is the procedure for making a valid FOI request?

To make a valid request, you must:

• Place your request in writing. Ensure to state your full name, contact information and provide a valid copy of your government-issued ID as proof of your identity. You can use the attached form or send a letter detailing your request submitted directly to the concerned agency or by email;

• Describe in detail the documents you wish to access; and

• Include the preferred mode of communication in order to be alerted about the status of your request, as well the preferred mode of receiving the documents, should your request be granted.

What information can I request for through FOI?

Information, official records, public records, documents, and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development, subject to exceptions necessary to protect essential public or private interest.

Is there an online alternative to making an FOI request?

You may choose to fill out an online application on foi.gov.ph after signing up for an account. You will also need to upload a valid copy of your government-issued ID upon registration.

FEES

How much does it cost to make an FOI request?

There are NO FEES for making an FOI request. An agency however, may charge a reasonable fee for necessary costs associated with processing a request — including costs of printing, delivery, reproduction and/or photocopying.

NOTE: Use of this FOI request form is optional. Any written format for a Freedom of Information request is acceptable.

PROCESSING TIMES

When can I expect to receive a response to an FOI request?

Under the FOI EO, the standard processing time is fifteen (15) working days. During this time, you will be contacted regarding your FOI request through your preferred mode of communication.

If your request is granted, you can expect to receive the documents either through regular mail or email, or be requested to collect the documents at the office you had applied to. Otherwise, the agency will explain why your request is delayed or denied.

Can an agency request for a time extension?

In some cases, an agency may need more time to review your request and thereby inform you of an extension of processing period. Under such circumstances, an agency is permitted to extend an additional twenty (20) working days should the need arise.

Can I have my request expedited?

There is no process by which requests can be expedited. All requests will be reviewed equally on a case-by-case basis and allotted the fifteen (15) working day processing period from the time of receipt.

COMPLAINTS HANDLING

What if you are not happy with how the agency has handled your request?

Denial of any request for access to information may be appealed to the person or office next higher in the authority, following the procedure indicated in the Agency FOI Manual; provided that the written appeal must be filed by the same person making the request within fifteen (15) calendar days from the notice of denial or from the lapse of the relevant period to respond to the request.

The appeal will 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.

Upon exhaustion of administrative appeal remedies, the requesting party may file the appropriate case in the proper courts in accordance with the Rules of Court.

IMPORTANT INFORMATION

Privacy

Once deemed valid, your information from your application will be used by the agency you have applied to, to deal with your application as set out in the Freedom of Information Executive Order No. 2.

If the agency gives you access to a document, and if the document contains no personal information about you, the document may be published online in the Agency's disclosure log, along with your name and the date you applied, and, if another person, company or body will use or benefit from the documents sought, the name of that person, entity or body.

Copyright

According to Sec. 176.1 of the Intellectual Property Code of the Philippines (RA No. 8293, as amended), No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use of any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings.

 

ANNEX E

FOI Registry Instructional Note for CompletionNot for Circulation or Citation

An FOI Registry has been developed by the Presidential Communications Operations Office to standardize the collection and reporting of FOI requests across the Executive Branch. All government offices under the Executive Branch as defined under Section 2 of Executive Order No. 2 are requested to complete the attached FOI Registry recording all FOI requests received and submitting the FOI Registry every quarter to PCOO thru email at [email protected] and [email protected] commencing from March 2016.

I. Objectives

The completion and timely quarterly submission of the FOI Registry by all executive agencies will allow us to accomplish the following: ASEcHI

1. To monitor compliance and performance of agencies including generating statistics for public disclosure on the program;

2. To compute the implementation and operational budget required to support the effective implementation of FOI program.

The FOI Registry will be provided as an interim method to standardize reporting across the Executive Branch. In time, an online electronic record management system will be developed and available to all agencies.

II. Guidelines to Using the FOI Registry

• The FOI Registry is in Excel (v17) and will work in all licensed versions of the stated software.

• It is advised that when completing the FOI Registry the agency has all FOI completed applications close at hand. It is noted — all information in the FOI application must be reflected and entered into the FOI Registry.

• In the FOI Registry, many of the fields are mandatory, requiring them to be completed. In some cases some fields are conditional (i.e., for instance, fields marked 'Others').

• The FOI Registry must be completed sequentially from up going down. This means that in cases where you have been unable to proceed to the next field (i.e., unable to enter a value or fill it out), you had missed a mandatory field that had come previously. To assist you, there is a field labeled 'Last Accomplished Field' which will inform you of the last cell you were able to accomplish. We would advise you go back to it and see what fields you had left empty right before the field you had last filled out.

• The FOI Registry will automatically 'Flag' requests (by coloring the entire column) that meet the following conditions:

o Requests with extension that have gone over 15 days from date of request received

o Requests with extension that have gone over 35 days since the day of request for extension was made

o Requests with awaiting confirmation that have gone over 60 days since the day of awaiting confirmation was started

• A request is only marked as 'Finished', reflected on the Last Accomplished Field, once the Request Status is changed to either Successful, Partially Successful, or Denied.

• As much as possible, leave no fields blank. If possible, place N/A if no other information was supplied, or if it does not apply.

• It is recommended that the same person who accepts the request be the same who fills out his/her offline version of the FOI Registry. If internet connection is sufficient, the agency may also choose to have an online version that all ROs and DMs will have access to.

• Please ensure to SAVE the file constantly.

• Submit only the compiled Registry in for your agency in .xls or .xlsx format to the PCOO on the following dates: March 31, June 30, September 30, December 31 (or before), or as necessary. Submissions must be made to <email> or sent to <address>.

III. Step-by-Step Instructions

1. Open the file for the FOI Registry on your local computer.

2. Start from the row labeled 'Request Type.' This pertains to whether or not the application you had received was entered into the eFOI or just processed in the Standard manner.

3. Work on the rows from up going down. Move to the row labeled 'Title of Document'. This should have the details as to what document the Requestor is looking for. Otherwise, it would be recommended that the document be Denied by the Receiving Officer for Incomplete Information.

4. Select the 'Request Status', the status the request is under at the point of you filling out the Registry. This must be updated as the request progresses through the queue.

5. Fill out 'Government Agency' and choose the government agency the Requestor is requesting the information from.

a. If applicable, choose the Connected Agency to that government agency, e.g., Department of Justice-Public Attorneys Office.

b. If not applicable, choose the acronym supplied for the main agency, e.g., Department of Justice — DOJ.

c. If the Connected Agency is not listed, choose Others. Fill out the cell labeled 'Others (Agency)' following that with the name of the specific Connected Agency.

6. Fill out the full Name of the Requestor.

7. Fill out his/her preferred 'Mode of Communication'. This pertains to how you will communicate with the Requestor regarding his/her FOI request.

8. Fill out his/her preferred 'Mode of Receiving Reply'. This pertains to how the Requestor will be receiving the documents he/she had requested.

9. Fill out the Requestor's contact details:

a. Landline phone — Only mandatory if it had been chosen as the option for 'Mode of Communication.' Enter it in the format of YYXXXXXXX, wherein YY is the area code and XXXXXXX is the phone number.

b. Mobile phone — This field is mandatory and must be entered in the format of 9XXXXXXXXX, wherein XXXXXXXXX is the 10-digit mobile number.

c. Email — Only mandatory if it had been chosen as the option for 'Mode of Receiving Reply' or 'Mode of Receiving Communication'.

d. Fax — Only mandatory if it had been chosen as the option for 'Mode of Receiving Reply'. Enter it in the format of YYXXXXXXX, wherein YY is the area code and XXXXXXX is the phone number. ITAaHc

10. Fill out the Requestor's postal details:

a. Province — You will be able to choose from a drop down list based on the PSGC.

b. City/Municipality — Depending on the choice of province, you will be able to choose from a list as stated in the PSGC.

c. Local Address — This should state the Requestor's Apt Number/House Number, Street Number, Street, Barangay/Village.

11. All Requestors should have presented proof of ID upon application and this should have been checked and verified by the Receiving Officer. Select the type of ID that had been verified under 'Valid ID Given'.

a. If it had been under Others, fill out the type of ID on the field marked 'Others (Valid ID)'.

12. Fill out the details on the citizen's request:

a. Document Type Requested — Select the type of document being searched for.

b. Start of Period Requested — The start date of the coverage of the information the Requestor is looking for, in the format MM/DD/YYYY. Should it pertain to just a year, e.g., 2010, the information must be written as 01/01/2010 to 12/31/2010. If for a period spanned by months, e.g., May 2014 to July 2015, the entry must be made out as 05/01/2014, and the End of Period as 07/31/2015.

c. End of Period Requested

d. Purpose — Select the purpose for the request. If 'Others' was chosen, ensure that 'Others (Purpose)' is also filled out.

e. Date Request Received — This should indicate the exact date and time that the request was received by the Receiving Officer, based on the stamp on the physical application.

f. Date Request Finished — This should indicate the exact date and time that the request was finished by the Decision Maker, as recorded in the eFOI, or as reported manually. This should be one of the last fields you should be filling it out.

g. Compute Time Lapse/Days — This is an automatic computation that will be filled out once both Date Request Started and Date Request Finished have been stated.

13. Fill out the rest of the fields, according to how the request progresses. You may want to base your information from the eFOI, if applicable, or if you would have an internal manual tracker in your agency.

a. Extension Requested — This pertains to whether or not the Decision Maker applied an Extension to the request. If YES is selected, see the points below:

i. Date Extension Requested — If an extension was requested, a request would not be deemed as late if not finished within 15 working days. The request would only be late if the request would still not be declared as either Successful, Partially Successful, or Denied if beyond 35 working days after indicated on Date Request Received.

ii. Reason for Extension — Select the reason as to why the Decision Maker had applied an Extension to the request.

b. If the Status is 'Awaiting Clarification', see the points below:

i. Date Requested_Awaiting Clarification — This pertains to the date the Decision Maker had requested for the citizen to clarify his/her request, written in the format of MM/DD/YYYY. The Receiving Officer must always be made immediately aware of any changes to Awaiting Clarification, so he/she may contact the Requestor. The Requestor is only allowed a 60 working-day period to reply before his request status can be changed to Closed.

ii. Date Closed_Awaiting Clarification — This refers to the date, written in the format of MM/DD/YYYY, that the Requestor has sent his reply and the Decision Maker declares the status can be changed.

iii. Time Lapse_Awaiting Clarification — This automatically computes the time between Date Closed_Awaiting Clarification and Date Requested_Awaiting Clarification.

c. Reason for Denying Request — This only applies if the Status was 'Denied'. Select the reason from the drop down list. If it was due to an Exception, please see below:

i. Exception Applied — Select whether or not an exception was applied to the request.

ii. Exception Type Applied — Select the type of exception that was applied.

14. Fill out your details. These should be filled out last, after changing the Request Status to Successful, Partially Successful, or Denied.

a. Officer Position — Select your position, either Receiving Officer or Decision Maker. CHTAIc

b. Officer Name

15. Save your work.

ANNEX A

FOI Registry Fields  

 

Footnotes

Model Agency Manual

ANNEX D

1. These exceptions only apply to governmental bodies within the control and supervision of the Executive department. Unless specifically identified, these exceptions may be invoked by all officials, officers, or employees in the Executive branch in possession of the relevant records or information.

Model People's Manual

ANNEX D

1. These exceptions only apply to governmental bodies within the control and supervision of the Executive department. Unless specifically identified, these exceptions may be invoked by all officials, officers, or employees in the Executive branch in possession of the relevant records or information.