The Proposed Freedom of Information Act of 2012

The Proposed Freedom of Information Act of 2012
Office of the President of the Philippines Study Group
Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Why?
The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. The Constitution, Article 3, Section 7 (Section 2)
2011 OGP Timeline of Internal and Stakeholder Consultative Meetings

General Note: in between these milestones, much technical work was conducted by the Secretariat of the Good Governance and Anti-Corruption Cluster, with the contribution of the Departments and Agencies. Date Update 13 May 2011 President Aquino issues Executive Order No. 43 22 June 2011 Good Governance and Anti-Corruption Cluster Meeting. 7 July & 17 August 2011 Cluster Technical Working Group Meetings 18 August 2011 Consultation with Business Association Leaders 19 August 2011 Consultation with Civil Society Networks 26 August 2011 Joint Consultation with Business Associations and Civil In between Correspondence with Departments for contributions to Society the CAP 10 September 2011 Selection of OGP Steering Committee representatives
2011 OGP Timeline of Internal and Stakeholder Consultative Meetings

Date 20 September 2011 Update Open Government Partnership Launch (The draft CAP for 2012 was uploaded on the OGP Website and the Philippine official website (gov.ph)) Correspondence with Departments for contributions to the CAP Cluster Technical Working Group Meeting Correspondence with Departments for contributions to the CAP Meeting of the Philippine Development Forum Working Group on Governance and Anti-Corruption Consultation with Business Association Leaders Consultation with Civil Society Networks Cluster Technical Working Group Meeting Finalization of Philippine Country Action Plan
In between 27 October 2011 In between 22 November 2011 24 November 2011 25 November 2011 29 November 2011 December 2011
Study Group Timeline

Date Feb 2, 2011 Update Meeting with Right to Know, Right Now! Coalition on the Freedom of Information (FOI) with Sec. Carandang and Usec. Quezon President gave directive to Presidential Communications Development and Strategic Planning Office (PCDSPO) to take lead in coming up with an administration FOI bill 1pm: PCDSPO FOI TWG first meeting 3pm: FOI coordination meeting with the Office of the Presidential Spokesperson (OPS), Presidential Management Staff (PMS), National Intelligence Coordinating Agency (NICA), National Security Council (NSC), Chief Presidential Legal Counsel (CPLC), and Dept. of Justice (DOJ), with the Presidential Communications Development and Strategic Planning Office (PCDSPO) as lead. Feb 11, 2011
Feb 15, 2011

Date Feb 25, 2011 Mar 4, 2011 March 13, 2011 Mar 18, 2011 Mar 9 and 10, 2011 Mar 14, 2011 Mar 18, 2011 Update Meeting with Sec. Butch Abad re FOI PCDSPO FOI TWG meet with Rep. Taada Draft by PCDSPO Meeting on FOI with Sec. Carandang, Usecs., Quezon and Valte, Atty. Chui from Department of Budget and Managment PCDSPO TWG discussed FOI first draft PCDSPO TWG meeting TWG meeting with representatives from PCDSPO, DOJ, DBM, CPLC, NSC

Date Mar 30, 2011 Apr 8, 2011 Apr 25, 2011 Apr 26, 2011 May 4, 2011 May 11, 2011 May 16, 2011 Update Draft to be approved by Sec. Carandang Presentation of draft to Sec. Butch Abad FOI meeting PCIJ interview on FOI Meeting between Rep. Taada, Sec. Carandang, Sec. Lacierda, Usec. Valte, Usec. Quezon Meeting between Sec. Abad, Sec. Carandang, Usec. Quezon, Usec. Valte, Rep. Taada, and Atty. Malaluan Draft c/o Usec. Valte

Date May 30, 2011 June 3, 2011 June 6, 2011 July 4, 2011 July 14, 2011 July 15, 2011 July 27, 2011 Update Outline provided by Sec. Abad FOI table of changes Usec. Quezons draft accd. to Sec. Abads outline Draft with Rep. Tanada's comments Draft edited by Usec. Quezon Presentation of Usec. Quezon at the National Intelligence Committee mtg. (NICA compound, QC) Presentation of Usec. Quezon at the Center for Media Freedom and Responsibility (CMFR) policy forum on FOI

Date July 28, 2011 July Aug 2011 Aug 10, 2011 Aug 11, 2011 Aug 12, 2011 Aug 18, 2011 Update Meeting of Usec. Quezon, Usec. Valte and Usec. Batino of Dept. of National Defense (DND) Subsequent consultations with Sec. Butch Abad and Rep. Taada FOI Edited Draft Draft edited by Rep. Taada Usec. Quezons presentation of draft bill in Cabinet Meeting Senate Committee on Public Information and Mass media joint public hearing with Committee on Civil Service and Government Reorganization regarding FOI attended by Sec. Carandang and Usec. Quezon

Date Sept 29, 2011 Oct 3, 2011 Oct 10, 2011 Oct 22, 2011 Dec 6, 2011 Jan 3, 2012 Jan 4, 2012 Jan 5, 2012 Update Usec. Quezons Interview on FOI for GMA News 24 Oras Usec. Quezons Interview for Talkback with Tina Palma Usec. Quezons Interview on FOI for Bawal ang Pasaway kay Mareng Winnie Usec. Quezons Meeting with Senator Cayetano Usec. Quezons guesting at ANCs The Right to Know (roundtable discussion) FOI draft edited by Usec. Quezon and Sec. Abad Meeting with the President, Usec. Quezons press briefing FOI draft edited through removal of the Information Commission by Usec. Quezons staff

Date Jan 30, 2012 Feb 1, 2012 Feb 2, 2012 Update Meeting with Sec. Abad Transmittal of FOI bill to Rep. Taada Transmittal of final version to the House of Representatives
Note: Dates resulting in draft changes are in BOLD
The FOI law regulates the process by which

Filipino Citizens can ask for information and how government handles these requests.
It defines which information is exempted from

release to the public, and states who determines documents are exempt (President, head of agencies).
Establishes appeals mechanisms. (Section 4)

This is what happens when an FOI request is made:

Citizens or groups file FOI request with agency concerned.
Agencies have FOI committees which have 15 days to approve or reject an FOI request. (Section 16)
This is what happens when an FOI request is made:

Rejection by FOI committee may be appealed to head of
agency. (Section 19)
Grounds for Rejection of an FOI request

Information is publicly accessible/available. Agency has already provided the information. Information would violate personal privacy. Information is exempted from disclosure.
Section 6 (a-j); Section 10 & 11
6 Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacaan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167
Presidential Exceptions: Defense, National Security, and Diplomacy

Information declared Secret according to the provisions of
an Executive Order: Section 6 (a)
Concerns national security or internal and external

defense of the State and may damage the state if revealed; Section 6 (a.1)
Presidential Exceptions: Defense, National Security, and Diplomacy

Concerns foreign affairs of the Philippines with one or more
states and revelation may weaken negotiating position or damage relations; Section 6 (a.2)
Presidential Exceptions: Deliberative Process Privilege

The records of minutes and advice given and opinions expressed
during decision-making or policy formulation as part of the Chief Executives deliberative process. Once policy has been formulated and decisions made, minutes and research data may be made available for disclosure unless they were made in executive session. Section 6 (b)
Heads of Office Exceptions: Defense, Law Enforcement, Security of Agents and Methods
Information requested pertains to internal and/or external

defense, law enforcement, and border control, when the disclosure thereof would: Section 6 (c)
(i) unduly compromise or interfere with any legitimate military or law enforcement operation, or (ii) unduly compromise or interfere with the prevention, detection or suppression of criminal activity, the effective implementation of immigration controls and border security, or Section 6 (c)
(iii) deprive a person of a right to a fair trial or an impartial adjudication, or Section 6 (c)
(iv) lead to the disclosure of the identity of a confidential source, including a government, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a law enforcement authority in the course of an investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, or Section 6 (c)
1.disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or Section 6 (c)
1.endanger the life or physical safety of any individual.
Section 6 (c)
Heads of Office, Bureaucratic 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. Section 6 (d)
Legislative Exception:
The information requested is obtained by any committee of
either House of Congress in executive session. Section 6 (e)
Privacy Exceptions
The information requested pertains to the personal information of
a natural person other than the requesting party, and its disclosure would constitute a clearly unwarranted invasion of his or her personal privacy, unless it forms part of a public record, or the person is or was an official of a government agency and the information relates to his or her public function or the person has consented to the disclosure of the information; Section 6 (f)
Economic Exceptions
Pertains to trade secrets and commercial or financial
information obtained from a natural or juridical person other than the requesting party, obtained in confidence or covered by privileged communication, and/or filed with a government agency, where revelation would seriously prejudice the interests of such natural or juridical person in trade, industrial, financial or commercial competition. Section 6 (g)
Judicial Exception
Information is classified as privileged communications in
legal proceedings by law or by the Rules of Court. Section 6 (h)
Information requested is exempted by law or the

Constitution. Section 6 (i)
Information has already been made accessible. Section 6 (j)

Advantages of the Proposed FOI Bill

Provision on Mandatory Disclosure of Information (Section 7) requiring the following national officials to provide to the public their Statement of Assets, Liabilities, and Net worth (SALN) on an annual basis on their official website:
the President, the Vice- President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank.

Expansion of access to other kinds of information/ government transactions, particularly public interest documents or records including (Section 7):
Financial documents (Annual budgets, collections, disbursements,

procurements plans, bidding documents)
Construction or concession agreements or contracts entered into by a

government agency with any domestic or foreign person or entity;
Guarantees given by any government agency to government-owned or
-controlled corporations and to private corporations, persons or entities;

Expansion of access to other kinds of information/ government transactions, particularly public interest documents or records including (Section 7):
Bilateral or multilateral agreements and treaties in trade, economic List of persons or entities who were granted licenses, permits or
partnership, investments, cooperation and similar binding commitments; agreements for the extraction and/or utilization of natural resources given by any government agency.

We have facilitated easier and more efficient access of the public to information by providing in Section 21: For purposes of mandatory disclosure as provided in section 7 of this Act, online publication in the Official Gazette website shall be considered official publication provided there shall be a timestamp in the said document.

We have provided a specific procedure for access to information (Sec. 16), remedies in case of denial (Sec. 19) and corresponding administrative or criminal liabilities for certain violations of the right to information (Sec. 12 and Sec. 13).

We have endeavored and ensured that the exceptions to access to information (Sec. 6) are very clear and specific. Moreover, we have expressly stated that the exceptions are:
strictly construed not used used to cover-up a crime, wrongdoing, graft or

corruption
Do not constitute authority to withhold information from Congress nor
authority for the executive branch of a local government unit to withhold information from the legislative body of such local government unit Court, the Senate, the House of Representatives, and the Constitutional Commissions with respect to information in the custody of offices under their respective supervision or control, when they deem that there is an overriding public interest in disclosure
The exceptions may likewise be waived by the President, the Supreme
Timeline from approval of bill
President will issue Executive Order providing for the

classification of documents, including those to be classified Secret. The Executive Order shall specify the reasonable period after which the information in classified documents shall be automatically declassified or subject to mandatory declassification review. Section 6 (a)
Timeline from approval of bill

Government agencies have two (2) years to comply with
website requirements. One additional years delay possible but must be justified. (Section 7 [b & c])
Where you can find the draft substitute bill:
Thank you.http://www.gov.ph
http://www.pcdspo.gov.ph

The Proposed Freedom of Information Act of 2012

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The Proposed Freedom of Information Act of 2012

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Copyright:

Verfügbare Formate

The Proposed Freedom of Information Act of 2012

Office of the President of the Philippines Study Group

2011 OGP Timeline of Internal and Stakeholder Consultative Meetings

2011 OGP Timeline of Internal and Stakeholder Consultative Meetings

Study Group Timeline

Feb 15, 2011

Study Group Timeline

Study Group Timeline

Study Group Timeline

Study Group Timeline

Study Group Timeline

Study Group Timeline

Note: Dates resulting in draft changes are in BOLD

The FOI law regulates the process by which

It defines which information is exempted from

Establishes appeals mechanisms. (Section 4)

This is what happens when an FOI request is made:

This is what happens when an FOI request is made:

Grounds for Rejection of an FOI request

Presidential Exceptions: Defense, National Security, and Diplomacy

Concerns national security or internal and external

Presidential Exceptions: Defense, National Security, and Diplomacy

Presidential Exceptions: Deliberative Process Privilege

Information requested pertains to internal and/or external

Heads of Office, Bureaucratic Exceptions:

Information requested is exempted by law or the

Information has already been made accessible. Section 6 (j)

Advantages of the Proposed FOI Bill

Advantages of the Proposed FOI Bill

Financial documents (Annual budgets, collections, disbursements,

Construction or concession agreements or contracts entered into by a

Guarantees given by any government agency to government-owned or

-controlled corporations and to private corporations, persons or entities;

Advantages of the Proposed FOI Bill

Advantages of the Proposed FOI Bill

Advantages of the Proposed FOI Bill

Advantages of the Proposed FOI Bill

strictly construed not used used to cover-up a crime, wrongdoing, graft or

Advantages of the Proposed FOI Bill

Do not constitute authority to withhold information from Congress nor

The exceptions may likewise be waived by the President, the Supreme

Timeline from approval of bill

President will issue Executive Order providing for the

Timeline from approval of bill

Where you can find the draft substitute bill:

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