Professional Documents
Culture Documents
CE
CE
17th Congress
HOUSE LEADERS INFORMATION
Hon. Alvarez, Pantaleon D.
House Speaker
Hon. Farias, Rodolfo C.
Majority Leader
Hon. Suarez, Danilo E.
Minority Leader
a Hague-based arbitral tribunal. The court ruled in favor of the Philippines and declared
that Chinas expansive territorial claim has no legal basis.
Andanar said there have been moves to push for an FOI law in Congress in the last 29
years but they were unsuccessful. Bills seeking to implement the FOI in all government
branches have been filed since the 12th Congress but they were bypassed due to
concerns by some lawmakers that they might be used for black propaganda.
The historic EO was still unnumbered as of Sunday, Andanar said copies of the order
with a number and the presidential seal would be available on Monday. The order was
drafted by the offices of the presidential communications chief, the executive secretary,
and the chief presidential legal counsel after a series of consultations with transparency
advocates.
Congress, judiciary not covered
The EO will cover all government offices under the executive branch including the
national government and all its offices, departments, bureaus, offices
and instrumentalities. It will also be implemented in state-run firms, universities and
colleges.
The order will not cover Congress and the judiciary because of the doctrine of the
separation of powers. Andanar said it would be up to the legislature to decide whether
to enact an FOI law that would cover all government branches.
Congress is an independent branch of government and the president believes in the
independence of each independent branch of government, Andanar said answering a
question on whether Duterte would ask Congress to pass an FOI law.
Local government units, however, are encouraged to observe and be guided by the
order.
The order defined information as the following:
records
documents
papers
reports
letters
contracts
maps
books
photographs
data
research materials
electronic data
Every Filipino shall have access to information, official records public records and
documents and papers pertaining to official acts, transactions and decision as well as
government research data used as basis for public development, the order read.
Exceptions
Requests for information, however, will be denied if they fall under exceptions provided
in the constitution, laws or jurisprudence. The Justice department and the solicitor
general's office were directed to come up with an inventory of exceptions and submit
them to Duterte within 30 calendar days from the effectivity date of the order.
The inventory of exceptions will be updated periodically to reflect changes in existing
laws and jurisprudence. Andanar said among the information that would not be released
are those that put the government in danger in terms of national security.
Officials who refuse to release information that do not fall within the exceptions may
face administrative charges, he added.
The order also reminded officials to file and to make available their statements of assets
liabilities and net worth.
The head of the government office, which has custody or control of the information
being sought or his duly designated official will determine whether the exceptions are
applicable to the request.
Heads of offices or their duly designated representatives were ordered to exercise
reasonable diligence to ensure that the exceptions or denials of requests would not be
used to cover up a crime or any wrongdoing like graft or corruption.
There shall be a legal presumption of favor of access to information, public records and
official records. No request for info shall be denied unless it clearly falls under any of the
exceptions listed in the inventory or updated inventory of exceptions, the order read
While officials were directed to provide public access to information, they were also
instructed to observe and protect the right to privacy of individuals.
Government offices in the executive branch were directed to ensure that personal
information would only be released if relevant to the request and if the EO or by laws
and regulations allow such disclosure.
They were also tasked to make "reasonable security arrangements" against leaks or
premature disclosure of personal information that might subject one to harassment,
vilification and other wrongful acts.
15-day response period
Those who wish to request for information shall write a letter to the government agency
concerned. The letter should state the name and contact information of the one making
the request.
Requesting parties should also present a valid proof of identification or authorization,
describe the information being sought and state the reason for doing so.
Government officials receiving the request are required to provide free "reasonable
assistance" to all requesting parties.
Government offices shall respond to all requests that complied with all requirements
within 15 working days starting from the date the request was received. The response
refers to the decision of the office to grant or deny access to the information requested.
However, the period to respond may be extended whenever the information requested
"requires extensive search" of the government's office records or the examination of
voluminous records. The response period may also be prolonged when unexpected or
"fortuitous events" happen. Government offices will be required to notify the requesting
party of the extension.
"In no case shall the extension go beyond 20 working days unless exceptional
circumstances warrant a longer period," the order read.
Failure to notify the requesting party of the action taken on the request within the 15-day
period will be viewed as a denial of the request.
Not for free
The requested documents will not come for free. While government offices will not
charge any fee for accepting requests for access to information, they may ask the
requesting party to shoulder the costs incurred in reproducing the information sought.
In no case shall the applicable fees be so onerous as to defeat the purpose of this
order, the order read.
Denial of any request for information may be appealed to the person or office next
higher in authority. The one who made the request should submit a written appeal within
15 calendar days from the notice of denial or from the lapse of the response period.
The next higher authority shall decide on the appeal within 30 working days from the
filing of the written appeal. Once all administrative appeal remedies have been
exhausted, the requesting party may file a case before the court.
All agencies were asked to come up with their respective procedures on freedom of
information within 120 days from the effectivity of the EO. The government will also
prepare a People's FOI Manual that will include the location and contact details of
offices where the public can submit requests and the schedule of applicable fees.
The 1987 Constitution states that Filipinos have the right to information on matters of
public concern. It also called for a policy of full public disclosure of all state transactions
involving public interest. The absence of an FOI law, however, has prevented the public
from fully enjoying these constitutional guarantees.
Out of 40 national laws to have passed through the 16th congress, 36 lapsed into
law from July 17 to 22 after former President Benigno "Noynoy" Aquino III and
President Rodrigo Duterte neither signed nor vetoed the bills.
Here are new, interesting laws that stood out:
1. Stricter Anti-Carnapping Law
Republic Act 10883 or An act providing for a new anti-carnapping law of the
Philippines now considers carnapping a non-bailable offense and will require
Land Transportation Office to keep a record of all cars and owners.
The new law increased the imprisonment time from a maximum of 17 years and
four months, to around 20 to 30 years in jail.
If the person resorted to violence, their sentence would be extended from 30
years and one day up to 40 years. If the victim is raped or killed, the carnapper
would be given a life sentence in prison.
Any person involved in the concealment of the crime will be imprisoned from six
to 12 years and fined with the cost of the car or any part involved in the crime.
2. Mandatory subtitles
Republic Act 10905 or An act requiring all franchise holders or operators of
television stations and producers of television programs to broadcast or present
their programs with closed captions option, and for other purposes requires TV
stations to provide subtitles for the deaf community.
However, it exempts franchise holders or TV station operators and program
producers who release public service announcements under 10 minutes or if
providing text caption would prove to be economically burdensome. It also
exempts programs aired between 1 am to 6 am, or are already textual in nature.
Those who fail to follow will either be fined with at least P50,000 but not more
than P100,000 or be imprisoned for at least six to twelve months, or both.
License or permit to operate may also be revoked.
3. Keeping Filipinas from becoming mail order brides
Republic Act 10906 or An act providing stronger measures against unlawful
practices, businesses, and schemes of matching and offering Filipinos to foreign
nationals for purposes of marriage or common law partnership, repealing for the
purpose republic act no. 6955, also referred to as the 'anti-mail order bride law'"
penalizes any person who has in any way engaged in business to exploit
Filipinas to offer to foreigners for marriage.
If found guilty, they will be penalized with 15 years of imprisonment and be fined
with at least P500,000 thousand pesos but not more than P1-million.
Anyone who has cooperated in the illegal act will also suffer the same penalty.
However, those who operate in more than two people will be penalized with 20
years of imprisonment and a fine of at least P2-million but not more than P5million.
Any person who has served as an accessory to the crime will be imprisoned for
10 years and a fine of at least P100,000 but not more than P500,000.
Meanwhile, foreign offenders will be deported to their home country and if the
offender is under the employment of an establishment, then the person in-charge
who participated in the act will be facing penalties.
In turn, proceeds and penalties will be seized by the government. Victims will
also receive assistance from the respective government agencies and
commissions.
4. No more candies or inexact change
Once Republic Act 10909 or An act prohibiting business establishments from
giving insufficient or no change to consumers and providing penalties therefore
takes effect, you can now sue the establishment for not giving you your due
change.
Establishments are also required to stick price tags with the exact price the
consumer has to pay.
Failure to comply will result to a fine of whichever is higher in amount: P500 or
3% of gross sales for first offense, P5,000 or 5% of gross sales for second
offense, and P15,000 or 7% or gross sales and a three-month suspension of
operations.
The last offense will result to a fine of P25,000 and total closure of the
establishment.
5. Longer prescription for crimes of graft and corruption
Republic Act 10910 or An act increasing the prescriptive period for violations of
Republic Act no. 3019, otherwise known as the 'anti-graft and corrupt practices
act' from fifteen (15) years to twenty years, amending section 11 thereof
amended the prescription of offenses, also known as the statute of limitations,
from 15 to 20 years.
This means its still possible to carry out judgment on individuals guilty of graft
and corruption within 20 years.
6. Anti-age discrimination for employees
Republic Act 10911 or An act prohibiting discrimination against any individual in
employment on account of age and providing penalties therefore prohibits
employers from withholding promotion or deny training opportunities,
compensation and privileges from employees on the basis of age.
Recruitment and employment agencies are also prohibited from refusing to help
individuals regardless of age from seeking employment and labor organizations
are prohibited to refuse employees of membership because of their age.
Violators will be fined at least P50,00 but not more than P500,000 and/or be
imprisoned between three months to two years.
However, this law will only be effective on August 16.
7. No more texting while driving
Republic Act 10913 or An act defining and penalizing distracted driving will
mean that any person who is using their phones in non-emergency cases and/or
needs it for work will be penalized with a fine of P5,000 for first offense, P10,000
for second offense, and P15,000 and suspension of license for three months for
the third offense.
The law added that the fine may be increased, along with ultimately suspending
the drivers license if properly disseminated to the public.
Meanwhile, those who are driving public utility vehicles, school buses, or carriers
with flammable or toxic material within a 50 meter radius from school premises
will be fined with P30,000 and have their licenses suspended for three months.
8.) Mandatory speed limiters
Republic Act 10916 or An act requiring the mandatory installation of speed
limiter in public utility and certain types of vehicles will require all covered public
transportation vehicles to have a speed limiter.
Vehicles without speed limiters before the passage of the law will have to comply
within 18 months after it takes effect.
The absence of a speed limiter will not be allowed for registration or be given a
franchise permit, and the owners or operators for the vehicle will be fined with
P50,000.
Meanwhile, the drivers license will be suspended for one month and the
franchise permit for three months for the first offense.
Sanctions for succeeding offenses will be license suspension for three months
and franchise suspension for six months on top of imposed fines at the second
offense; and revocation of license and franchise suspension for at least a year,
and an imposed fine for the third offense.
Offenders caught tampering with speed limiters will be imprisoned for six to 36
months and fined with P30,000.
Miriam was diagnosed with late-stage lung cancer in 2014 but declared she had beaten
her illness a year after. She then pursued her presidential bid despite doubts cast on her
health. She lost to President Rodrigo Duterte in the May elections earlier this year.
During the last stretch of her tenure as a senator, Miriam filed an indefinite leave from
the Senate due to her health. She was hospitalized last May 30 due to lung
complications.
The former senator celebrated her 71st birthday last June 15.
Santiago was one of the most endearing figures in Philippine politics, pop culture and
academia. For some, she could be among the best presidents the Philippines never
had, after having ran for government's top post three times and lost.
She was first elected senator in 1995. In 1997, then President Fidel Ramos initiated a
people's campaign for an infinite presidential term which Santiago criticized and and
went to court. She won and preserved the people's mandate for term limits.
She was again elected senator in 2004 and in 2010. During these two terms at the
Senate, she served as chair mostly of the foreign relations committee and the
constitutional amendments committee. with Kristian Javier
David also questioned Poes reacquisition of her Philippine citizenship in 2006 after
being naturalized as a US citizen and living there until the death of Fernando Poe Jr.,
her adoptive father, in late 2004.
Questions about Poe's citizenship were raised as she prepared to run for president in
the 2016 elections. She lost to Davao City Mayor Rodrigo Duterte in the May polls.
The SC members who dissented in the case were Associate Justices Estela PerlasBernabe, Mariano Del Castillo and Bienvenido Reyes. On the other hand, Senior
Associate Justice Antonio Carpio and Associate Justices Teresita De Castro and
Arturo Brion inhibited from the case.