Professional Documents
Culture Documents
Laurel Street, San Miguel, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
These are proposals to be discussed with FOI advocates and Congressional sponsors.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Underlying Principles
1. Basic and Constitutional Right
Every Filipino citizen has a right to be given access to any record under the control of a government agency. Government agencies shall make available to the public for scrutiny, copying and reproduction, all information pertaining to official acts, transactions or decisions, as well as government research data used as a basis for policy development. There shall be a legal presumption in favor of access to information. The request for information may be denied only if it clearly falls under the exceptions provided under this Act.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Underlying Principles
3. Exemption: National Security
Included in the exception any information relating to National Security, which according to NICA has different meaning from National Defense.
If the information requested pertains to personal information of a natural person and its disclosure would constitute a clearly unwarranted invasion of his or her personal privacy, unless it is part of a public record, the person is or was a government official or the person consented to the disclosure.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Issues to be Addressed
The frank and candid deliberations during meetings Section 6 a.2: Exceptions should be maintained. The information requested pertains to the foreign affairs of the Republic of the Philippines, when its revelation shall/may unduly weaken the negotiating position of the government in an ongoing bilateral or multilateral negotiation Section 6d: Exceptions The information requested consists of drafts of orders, resolutions, decisions, memoranda or audit reports by any executive, administrative, regulatory, constitutional, judicial or quasi-judicial body in the exercise of their regulatory, audit and adjudicatory function.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Issues to be Addressed
The executive communications privilege should remain inviolable.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Issues to be Addressed
Commercial or financial information should be Section 6g: Exceptions protected if it would prejudice governments ability The information requested pertains to trade secrets to transact business. and commercial or financial information obtained from a natural or juridical person other than the requesting party, obtained in confidence or covered in privileged communication, and/or filed with a government agency, whenever the revelation thereof would seriously prejudice the interests of such natural or juridical person in trade, industrial, financial or commercial competition.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Issues to be Addressed
Personal privacy should be protected.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Issues to be Addressed
Inclusion of Implementing Rules and Regulations (IRRs).
Inclusion of national security as grounds for invoking Section 6a.1: Exceptions exceptions and not just national defense. The information directly relates to national security or defense and its revelation may cause grave damage to the national security or internal and external defense of the State
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Issues to be Addressed
Proposal for an Information Commission.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Issues to be Addressed
Proposal for an Information Commission.
Concern to keep penalties to administrative and not Section 12: Administrative Liability criminal, except in cases of destroying documents or The acts enumerated in this Section shall be perjury. tantamount to gross neglect of duty and shall constitute grounds for administrative and disciplinary sanction against any public official or employee who willfully and knowingly commits the following:
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Issues to be Addressed
Concern to keep penalties to administrative and not (continued) criminal, except in cases of destroying documents or a) Refusal to promptly forward the request under perjury. Section 22 of this Act to the public officer within the same office or agency responsible for officially acting on the request when such is the direct cause of the failure to disclose the information within the periods required by this Act;
b) Failure to act on the request within the periods required by this Act;
c) Refusal to comply with the decision of his immediate supervisor, the Commission or of any court ordering the release of information;
d) Approval of policies, rules and regulations manifestly contrary to the provisions of this Act, and which policies, rules and regulations are the direct cause of the denial of a request for information.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Issues to be Addressed
Concern to keep penalties to administrative and not (continued) criminal, except in cases of destroying documents or Section 13: Criminal Liability perjury. a) Any public official or employee who falsely denies or conceals the existence of information mandated for disclosure under this Act shall be liable for the crime of removal, concealment or destruction of documents as defined under Article 226 of the Revised Penal Code.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
b)
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
2. Exemptions
Alignment of list of exemptions not only with recent jurisprudence but also with model laws.
a)Executive Privilege the expectation of a President to the confidentiality of his conversations and correspondences.
there are two kinds 1) Presidential Communications Privilege and 2) Deliberative Process Privilege.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
3. Culpabilities
a) For Denial of Right
Only administrative sanctions are to be imposed to public officers who would violate the provisions of the FOI law after an initial determination of malice. The other details for the implementation of the law shall be set out in the Implementing Rules and Regulations that the Information Commission will promulgate.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
b) Roles/Functions
Citizens would be able to resort to a body with expertise in deciding and addressing access to information issues. Requesters would enjoy both internal appeals process and external appeals. Appellants would not suffer too much delays due to clogged dockets.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
b) Rules/Functions (continued)
The Commission shall Draft Implementing Rules and Regulations within ninety (90) days from the appointment of the Information Commissioners of the Commission. Issue Executive Order on Guidelines on Public Access and Classification of Information
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Information Commission
Information Commissioner
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
The Information Commissioner shall be assisted by two (2) Deputy Information Commissioners.
Appointed by the President of the Philippines for a term of six (6) years without reappointment.
At least one of the Commissioners must be a member of the Philippine Bar with experience in Information Technology and the others must be recognized experts in the field of ICT or Library and Information Science.
3/F New Executive Bldg., Malacaan Palace, J.P. Laurel Street, San Miguel, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Mechanics
1.Manual of Operations 2.Process The person who wishes to obtain information shall submit a request to the government agency concerned personally, by mail, or through electronic means. The request shall state the name, contact info, description of info required, reason for request, and preferred means. All government agencies shall prepare a Freedom of Information Manual.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Mechanics
If request is made personally, requester should show current ID or community tax certificate. If request is made through mail or electronic means, a photostatic or electronically scanned copy would suffice. The agency should reply within fifteen (15) working days from the receipt. The period may be extended, however the requester must be notified by the government agency. The requester shall be notified once the decision to grant the request has been made. He/she shall have to pay the required access and processing fees.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Records Keeping
Government agencies shall create and/or maintain accurate and reasonably complete documentation or records. Government agencies shall prepare a records management program, following the standards and period promulgated in the National Archives of the Philippines Act of 2007.
The UP Law Center, in coordination with the Office of the President, which has jurisdiction over the Official Gazette, as well as other relevant agencies, shall maintain a database and publish the same in print or digital form.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
d)
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Next Steps
Discussions with Civil Society and Congressional proponents on proposals on the administration FOI bill Form a consensus on the FOI bill. House views passage within Second Session.
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Thank you.
http://www.gov.ph http://www.pcdspo.gov.ph
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167