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Freedom of Information (FOI) : People's Manual
Freedom of Information (FOI) : People's Manual
Freedom of Information (FOI) : People's Manual
Information (FOI)
People’s Manual
CONTENTS
04 SECTION 1 — Overview
1. Purpose of the Manual
2. Structure of the Manual
3. Coverage of the Manual
4. FOI Receiving Officer
05 SECTION 2 — Definition of Terms
06 SECTION 3 — Glossary of Terms
08 SECTION 4 — Promotion of Openness in Government
SECTION 5 — Protection of Privacy
09 SECTION 6 — Standard Procedure
1. Receipt of Request for Information
2. Initial Evaluation
a. Request relating to more than one office under the Institute;
b. Requested information is not in the custody of the Institute;
c. Requested information is already posted and available online;
d. Requested information is substantially similar or identical
to the previous request;
e. Transmittal of Request by the FRO to the FDDM;
f. Role of FDDM in processing the request;
g. Role of the FDM;
h. Role of FRO to transmit the information to the requesting party;
i. Request for an Extension of Time;
j. Notice of the Requesting Party of the Approval/Denial
of the Request;
k. Approval of Request;
l. Denial of Request
12 SECTION 7 — Remedies in Case of Denial
SECTION 8 — Request Tracking System
SECTION 9 — Fees
13 SECTION 10 — Administrative Liability
14 FOI EO and Annexes
16 Annex A: FOI Frequently Asked Questions
18 Annex B: Executive Order No. 2
23 Annex C: FOI Receiving Officer (FRO)
Annex D: List of Exceptions
24 Annex D-1: SEI List of Exceptions
25 Annex E: SEI-FOI Flow Chart
26 Annex F: FOI Request Form
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Republic of the Philippines
FOI Implementing Details Science Education Institute - Department of Science and Technology FREEDOM OF INFORMATION People’s Manual
General Santos Avenue, Bicutan, Taguig City
SECTION 1 SECTION 2
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Republic of the Philippines
FOI Implementing Details Science Education Institute - Department of Science and Technology FREEDOM OF INFORMATION People’s Manual
General Santos Avenue, Bicutan, Taguig City
SECTION 2 FOI REQUEST. A written request submitted in all respects. It captures anything that is open
to a government office personally or by email at a given time including requests that are well
Definition of Terms asking for records on any topic. An FOI request within the statutory response time.
can generally be made by any Filipino to any
government office. PERFECTED REQUEST. An FOI request that
SENSITIVE PERSONAL INFORMATION. As been committed by such person, the disposal reasonably describes the records sought and
defined in the Data Privacy Act of 2012, shall of such proceedings or the sentence of any FOI RECEIVING OFFICE. The primary contact at is made in accordance with the government
refer to personal information: court in such proceedings; each agency where the requesting party can office’s regulations.
a. About an individual’s race, ethnic origin, c. Issued by government agencies peculiar to an call and ask questions about the FOI process or
marital status, age, color, and religious individual which includes, but is not limited the pending FOI request. PROACTIVE DISCLOSURE. Information made
philosophical or political affiliations; to, social security numbers, previous or publicly available by government agencies
b. About an individual’s health, education, current health records, licenses or its denials, FREQUENTLY REQUESTED INFORMATION. without waiting for a specific FOI request.
genetic or sexual life, or to any proceedings suspension or revocation, and tax returns; and Information released in response to an FOI Government agencies now post on their
for any offense committed or alleged to have d. Specifically established by an executive order request that the agency determines has become websites a vast amount of material concerning
or an act of Congress to be kept classified. or is likely to become the subject of subsequent their functions and mission.
requests for substantially the same records.
PROCESSED REQUEST OR PROCESSED APPEAL.
FULL DENIAL. When the Institute or any of The number of requests or appeals where the
its division or unit cannot release any records agency has completed its work and sent a final
SECTION 3 in response to an FOI request, because, for response to the requester.
Glossary of Terms
example, the requested information is exempt
from disclosure in its entirety or no records RECEIVED REQUEST OR RECEIVED APPEAL. An
ADMINISTRATIVE FOI APPEAL. An independent responsive to the request could be located. FOI request or administrative appeal that an
review of the initial determination made in agency has received within a fiscal year.
response to an FOI request. Requesting parties EXCEPTIONS. Information that should not be FULL GRANT. When a government office is able
who are dissatisfied with the response made released and disclosed in response to an FOI to disclose all records in full in response to an REQUESTOR. When a government office
on their initial request have a right to appeal request because they are protected by the FOI request. locates a record that originated with, or is of
that initial determination to an office within the Constitution, laws or jurisprudence. otherwise primary interest to another agency,
agency, which will then conduct an independent MULTI-TRACK PROCESSING. A system that it will forward that record to the other agency
review. FREEDOM OF INFORMATION. The Executive divides incoming FOI requests according to their to process the record and to provide the final
Branch recognizes the right of the people to complexity so that simple requests requiring determination directly to the requester.
ANNUAL FOI REPORT. A report to be filed each information on matters of public concern, and relatively minimal review are placed in one
year with the Presidential Communications adopts and implements a policy of full public processing track and more complex requests are SIMPLE REQUEST. An FOI request that an
Operations Office (PCOO) by all government disclosure of all its transactions involving placed in one or more other tracks. Requests agency anticipates will involve a small volume
agencies detailing the administration of the public interest, subject to the procedures and granted expedited processing are placed in of material or which can be processed relatively
FOI. Annual FOI Reports contain detailed limitations provided in Executive Order No. 2. yet another track. Requests in each track are quickly.
statistics on the number of FOI requests and This right is indispensable to the exercise of processed on a first in/first out basis.
appeals received, processed, and pending at the right of the people and their organizations FORCE MAJEURE. Unforeseen events that may
each government office. to effective and reasonable participation at all PARTIAL GRANT/PARTIAL DENIAL. When a affect government operations such as systems
levels of social, political and economic decision- government office is able to disclose portions breakdown, natural calamities, war, and the like.
CONSULTATION. When a government office making. of the records in response to an FOI request, but
locates a record that contains information must deny other portions of the request . WORKING DAY. Any day other than a Saturday,
of interest to another office, it will ask the FOI CONTACT. The name, address and phone Sunday or a day which is declared a national
views of that other agency whether or not the number at each government office where one PENDING REQUEST OR PENDING APPEAL. An public holiday in the Philippines. In computing
record is disclosable before making any final can make an FOI request. FOI request or administrative appeal for which a for the period, Article 13 of the New Civil Code
determination. government office has not yet taken final action shall be observed.
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Republic of the Philippines
FOI Implementing Details Science Education Institute - Department of Science and Technology FREEDOM OF INFORMATION People’s Manual
General Santos Avenue, Bicutan, Taguig City
SECTION 4 SECTION 6
Protection of Privacy
shall transcribe it in writing.
Should the requested information need
c. The request shall be stamped received by the further details to identify or locate, then the
While providing for access to information, the FRO or the designated alternate, indicating 15 working days will commence the day after
INSTITUTE shall afford full protection to a by making reasonable security arrangements the date and time of the receipt of the written it receives the required clarification from the
person’s right to privacy, as follows: against unauthorized access, leaks or request, and the name, rank, title and position of requesting party.
premature disclosure; and the public officer who actually received it, with
a. The Institute shall ensure that personal c. The FRO, FDM, or any employee or official a corresponding signature and a copy furnished 2. Initial Evaluation
information, particularly sensitive personal who has access, whether authorized or to the requesting party. In case of email
information, in its custody or under its control unauthorized, to personal information in the requests, the email shall be printed out and After receipt of the request for information, the
is disclosed only as permitted by existing laws; custody of the Institute, shall not disclose shall follow the procedure mentioned above, FRO shall evaluate the contents of the request.
b. The Institute shall protect personal that information except as authorized by and be acknowledged by electronic mail. The
information in its custody or under its control existing laws.
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Republic of the Philippines
FOI Implementing Details Science Education Institute - Department of Science and Technology FREEDOM OF INFORMATION People’s Manual
General Santos Avenue, Bicutan, Taguig City
SECTION 6 If the FDDM needs further details to identify or fortuitous events , and/or other analogous
locate the information, he or she shall, through cases which may cause delay in responding
Standard Procedure the FRO, seek clarification from the requesting to the request.
party. The clarification shall stop the running of
the 15 working day period and will commence The FRO shall inform the requesting party
a. Request relating to more than one office available in the Institute website, data. the day after the FRO receives the required of the extension, setting forth the reasons
under the Institute: If a request for gov.ph or foi.gov.ph, the FRO shall inform the clarification from the requesting party. for such extension. In no case shall such
information is received requiring compliance requesting party of this fact and provide them extension exceed twenty (20) working days
with different divisions and units, the FRO the website link where the information is posted. If the FDDM determines that a record contains on top of the mandated fifteen (15) working
shall forward such request to the concerned information of interest to another office, days to act on the request, unless exceptional
divisions and units and ensure coordination d. Requested information is substantially the FDDM shall consult with the agency circumstances warrant a longer period.
and monitoring of its compliance. The FRO similar or identical to the previous concerned if the information can be disclosed
shall also clear with the respective FROs of request: Should the requested information be before making any final determination. j. Notice to the Requesting Party of the
such divisions and units that they will only substantially similar or identical to a previous Approval/Denial of the Request: Once the
provide the specific information that relates request by the same requester, the request After the initial evaluation and other necessary FDM approved or denied the request, he/she shall
to their divisions and units. shall be denied. However, the FRO shall inform steps made by the FDDM to locate and retrieve immediately notify the FRO who shall prepare
the applicant of the reason for such denial. the information, he or she shall report or submit the response to the requesting party either in
b. Requested information is not in the custody the document to the FDM for approval. writing or by email. All actions on FOI requests,
of the Institute or any of its divisions and e. Transmittal of request by the FRO to the whether approval or denial, shall be subject to
units: If the requested information is not in the FOI Division Decision maker (FDDM): g. Role of the FDM: Upon receipt of the the approval of the INSTITUTE Director or the
custody of the Institute or any of its divisions Upon receipt of the request for information, retrieved information from the FDDM, the duly designated oOficer-in-Charge.
or units, following referral and discussions with the FRO shall evaluate the information being FOI Decision Maker shall either deny or
the FDM, the FRO shall undertake the following requested, and notify the FDDM of such approve the release of the information to the k. Approval of Request: In case of approval,
steps: request. The copy of the request shall be requesting party. If the information is exempt the FRO shall ensure that all records that have
forwarded to such FDDM within one (1) day from disclosure in its entirety, or there are been retrieved and considered are checked
i. If the records requested refer to from receipt of the written request. The FRO no records regarding the information being for possible exemptions, prior to actual
another agency, bureau or office, the shall record the date, time and name of the requested, the FDM will deny the request. release. The FRO shall prepare the letter or
request will be immediately transferred FDDM who received the request in a record However, when the division or unit is able to email informing the requesting party, within
to the appropriate department through book with the corresponding signature of disclose all FDM records, the FDM will approve the prescribed period, that the request has
the most expeditious manner and the acknowledgement of receipt of the request. the complete release of the information. been granted and directing them to pay the
transferring office must inform the applicable fees, if any.
requesting party that the information f. Role of FDDM in processing the request: h. Role of FRO to transmit the information
is not held within the 15 working day Upon receipt of the request for information to the requesting party: The FRO shall l. Denial of Request: In case of denial of the
limit. The 15 working day requirement from the FRO, the FDDM shall assess and clarify The collate and ensure that the information request wholly or partially, the FRO shall,
for the receiving offices commences the the request if necessary. He or she shall make received from the FDM is complete . The FRO within the prescribed period, notify the
day after it receives the request. all necessary steps to locate and retrieve the shall transmit the requested information to requesting party of the denial in writing.
information requested. The FDDM shall ensure the requesting party within 15 days upon The notice shall clearly set forth the ground
ii. If the records refer to an office not within that the complete information requested will receipt of the said request, with a cover letter or grounds for denial and the circumstances
the coverage of E.O. No. 2, the requesting be submitted to the FRO within 10 days upon signed by the Institute Director or the duly on which the denial is based. Failure to
party shall be advised accordingly and receipt of such request. designated Officer-in-Charge. . information notify the requesting party of the action
provided with the contact details of that taken on the request within the period
office, if known. The FDDM shall note the date and time of i. Request for an Extension of Time: The herein provided shall be deemed a denial
receipt of the information from the FRO and FDM should inform the FRO if the requested of the request to information. All denials
c. Requested information is already posted report to the Institute Director or the information requires extensive search of the on FOI requests shall be subject to the
and available online: Should the information designated FOI Committee Head, in case the government’s office records, examination approval of the INSTITUTE Director or the
being requested is already posted and publicly submission is beyond the 10-day period. of voluminous records, the occurrence of duly designated Officer-in-Charge.
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Republic of the Philippines
FOI Implementing Details Science Education Institute - Department of Science and Technology FREEDOM OF INFORMATION People’s Manual
General Santos Avenue, Bicutan, Taguig City
SECTION 7 SECTION 10
The INSTITUTE shall establish a system to trace Signed this 21st day of January 2020 in Bicutan, Taguig City.
the status of all paper-based and/or online
requests for information received.
SECTION 9
ALBERT G. MARIÑO
1. No request fee.
The Institute shall not charge any fee for
Fees Director III and FOI Chairperson
accepting requests for access to information. providing the information to the requesting
party. The schedule of fees shall be posted by JOSETTE T. BIYO
2. Reasonable Cost of Reproduction and the INSTITUTE. Director IV
Copying of the Information.
The FRO shall immediately notify the 3. Exemption from fees.
requesting party in case there shall be a The Institute may exempt any requesting
reproduction and copying fee in order to party from payment of fees, upon the latter’s
provide the information. Such fee shall be the statement of a valid reason for such payment
actual amount spent by the Institute in exemption.
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The Order states:
Every Filipino shall have access to information, official records, public records and to
— E.O. 2 sec. 3
Freedom of Information
records, documents, papers, reports, letters, contracts, minutes and transcripts of official
meetings, maps, books, photographs, data, research materials, films, sound and video
The FOI Executive Order provides for
recording, magnetic or other tapes, electronic data, computer stored data, any other like or
full public disclosure of all government
similar data or materials recorded, stored or archived in whatever format, whether offline
records involving public interest, and
or online, which are made, received, or kept in or under the control and custody of any
upholds the constitutional right of
government office pursuant to law, executive order, and rules and regulations or in connection
people to information on matters of
with the performance or transaction of official business by any government office.
public concern.
ANNEX A
requested, and providing other assistance 10. How long will it take before I get a response?
FOI Frequently Asked Questions needed by the Requestor.
It is mandated that all replies shall be sent
c. The request is forwarded to the Decision fifteen (15) working days after the receipt of the
Introduction to FOI Making a Request Maker for proper assessment. The Decision request. The agency will be sending a response,
Maker shall check if the agency holds informing of an extension of the processing
1. What is FOI? 4. Who can make an FOI request? the information requested, if it is already period, no longer than twenty (20) working
accessible, or if the request is a repeat of any days, should the need arise.
Freedom of Information (FOI) is the government’s Any Filipino citizen can make an FOI Request. previous request.
response to the call for transparency and As a matter of policy, requestors are required to 11. What if I never get a response?
full public disclosure of information. FOI is a present proof of identification. d. The request shall be forwarded to the officials
government mechanism which allows Filipino involved to locate the requested information. If the agency fails to provide a response within
citizens to request any information about 5. What can I ask for under EO on FOI? the required fifteen (15) working days, the
the government transactions and operations, e. Once all relevant information is retrieved, Requestor may write an appeal letter to the
provided that it shall not put into jeopardy Information, official records, public records, and officials will check if any exemptions apply, Central Appeals and Review Committee within
privacy and matters of national security. documents and papers pertaining to official and will recommend appropriate response to fifteen (15) calendar days from the lapse of
acts, transactions or decisions, as well as to the request. required response period. The appeal shall be
The FOI mechanism for the Executive Branch government research data used as basis for decided within thirty (30) working days by the
is enabled via Executive Order No. 2, series of policy development. f. If necessary, the head of the agency shall Central Appeals and Review Committee.
2016. provide clearance to the response.
6. What agencies can we ask for information? If all administrative remedies are exhausted
2. What is Executive Order No. 2 S. 2016? g. The agency shall prepare the information for and no resolution is provided, requestors may
An FOI request under EO 2 can be made before all release, based on the desired format of the file the appropriate case in the proper courts in
Executive Order No. 2 is the enabling order for government offices under the Executive Branch, Requestor. It shall be sent to the Requestor accordance with the Rules of Court.
FOI. EO 2 operationalizes in the Executive Branch including government owned or controlled depending on the receipt preference.
the People’s Constitutional right to information. corporations (GOCCs) and state universities and 12. What will happen if my request is not
EO 2 also provides the State policies to full colleges (SUCs). 8. How much does it cost to make an FOI granted?
public disclosure and transparency in the public request?
service. FOI requests must be sent to the specific agency If you are not satisfied with the response, the
of interest, to be received by its respective There are no fees to make a request. But Requestor may write an appeal letter to the
EO 2 was signed by President Rodrigo Roa Receiving Officer. the agency may charge a reasonable fee for Central Appeals and Review Committee within
Duterte on July 23, 2016. necessary costs, including costs of printing, fifteen (15) calendar days from the lapse of
7. How do I make an FOI request? reproduction and/or photocopying. required response period. The appeal shall be
3. Who oversees the implementation of EO 2? decided within thirty (30) working days by the
a. The requestor is to fill up a request form 9. What will I receive in response to an FOI Central Appeals and Review Committee.
The Presidential Communications Operations and submit it to the agency’s Receiving request?
Office (PCOO) oversees the operation of the FOI Officer. The Receiving Officer shall validate If all administrative remedies are exhausted
program. PCOO serves as the coordinator of all the request and log it accordingly on the FOI You will be receiving a response either granting and no resolution is provided, requestors may
government agencies to ensure that the FOI tracker. or denying your request. If the request is granted, file the appropriate case in the proper courts in
program is properly implemented. the information requested will be attached, using accordance with the Rules of Court.
b. If deemed necessary, the Receiving Officer a format that you specified. Otherwise, the agency
may clarify the request on the same day it will explain why the request was denied.
is filed, such as specifying the information
16 17
Model People’s FOI Manual
FOI Implementing Details (Annexes) (updated as of 23 January 2017) FREEDOM OF INFORMATION People’s Manual
Recommended by the Presidential Communications Operations Office
ANNEX B
18 19
Model People’s FOI Manual
FOI Implementing Details (Annexes) (updated as of 23 January 2017) FREEDOM OF INFORMATION People’s Manual
Recommended by the Presidential Communications Operations Office
20 21
Model People’s FOI Manual
FOI Implementing Details (Annexes) (updated as of 23 January 2017) FREEDOM OF INFORMATION People’s Manual
Recommended by the Presidential Communications Operations Office
ANNEX B ANNEX C
List of Exceptions
remedies, the requesting party may file the Executive Order are hereby repealed, amended
appropriate case in the proper courts in or modified accordingly -- provided that the
accordance with the Rules of Court. provisions of Memorandum Circular No. 78
(s. 1964), as amended, shall not be deemed A Model People’s FOI Manual (updated as of 23 January 2017)
Section 14. Keeping of Records. Subject repealed pending further review. Recommended by the Presidential Communications Operations Office
to existing laws, rules, and regulations,
government offices shall create and/or maintain Section 19. Effectivity. This Order shall tribunals, boards, or officers, in relation to the
accurate and reasonably complete records of take effect immediately upon publication in a The following are the exceptions to the right performance of their functions, or to inquiries
important information in appropriate formats, newspaper of general circulation. of access to information, as recognized by the or investigation conducted by them in the
and implement a records management system Constitution, existing laws, or jurisprudence: exercise of their administrative, regulatory or
that facilitates easy identification, retrieval and quasi-judicial powers;
communication of information to the public. 1. Information covered by Executive privilege;
6. Prejudicial premature disclosure;
Section 15. Administrative Liability. DONE, in the City of Manila, this 23rd day of 2. Privileged information relating to national
Failure to comply with the provisions of this July in the year of our Lord two thousand and security, defense or international relations; 7. Records of proceedings or information
Order may be a ground for administrative and sixteen. from proceedings which, pursuant to law or
disciplinary sanctions against any erring public 3. Information concerning law enforcement and relevant rules and regulations, are treated as
officer or employee as provided under existing protection of public and personal safety; confidential or privileged;
laws or regulations. (Sgd.) RODRIGO ROA DUTERTE
President of the Philippines 4. Information deemed confidential for the 8. Matters considered confidential under
Section 16. Implementing Details. All protection of the privacy of persons and banking and finance laws, and their
government offices in the Executive Branch certain individuals such as minors, victims of amendatory laws; and
are directed to formulate their respective By the President: crimes, or the accused;
implementing details taking into consideration (Sgd.) SALVADOR C. MEDIALDEA 9. Other exceptions to the right to information
their mandates and the nature of information Executive Secretary 5. Information, documents or records known by under laws, jurisprudence, rules and
in their custody or control, within one hundred reason of official capacity and are deemed regulations.
twenty (120) days from the effectivity of this Order. as confidential, including those submitted or
disclosed by entities to government agencies,
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.
22 23
Model People’s FOI Manual
FOI Implementing Details (Annexes) (updated as of 23 January 2017) FREEDOM OF INFORMATION People’s Manual
Recommended by the Presidential Communications Operations Office
24 25
Model People’s FOI Manual
FOI Implementing Details (Annexes) (updated as of 23 January 2017)
Recommended by the Presidential Communications Operations Office
ANNEX F
_____________________________________ __________________________________
Signature of Requesting Party Time and Date
For Official Use Only
Received by: Forwarded to:
Name/Signature: Division/Unit:
Position: Date and Time:
Date and Time Received:
Remarks: _____________________________________________________________________________________
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Freedom of
Information (FOI)
People’s Manual