Freedom of Information (FOI) : People's Manual

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Freedom of

Information (FOI)
People’s Manual

Revision 2 | 21 January 2020


FREEDOM OF INFORMATION 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

3
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

Overview Definition of Terms


3. Coverage of the Manual: The Manual shall
cover all requests for information directed to data.gov.ph. The Open Data website that serves affecting the public, government agencies, and
the institute and all its divisions and units, as the government’s comprehensive portal for the community and economy. It also includes
as follows: all public government data that is searchable, information encouraging familiarity with the
a) Office of the Director (OD); understandable, and accessible. general operations, thrusts, and programs of the
b) Office of the Deputy Director (ODD); government. In line with the concept of proactive
c) Finance and Administrative Division (FAD); eFOI.gov.ph. The website that serves as the disclosure and open data, these types of
d) Science Education and Innovations Division government’s comprehensive FOI website for information can already be posted to government
(SEID); all information on the FOI. Among many other websites, such as data.gov.ph, without need for
e) Science and Technology Scholarship features, eFOI.gov.ph provides a central resource written requests from the public.
Division (STSD); and for the public to understand the FOI, to locate
f) Science and Technology Manpower records that are already available online, and OFFICIAL RECORD/S. Information produced or
Education, Research, and Promotions to learn how to make a request for information received by a public officer or employee, or by
Division (STMERPD). that is not yet publicly available. eFOI.gov. a government office in an official capacity or
ph also promotes agency accountability for pursuant to a public function or duty.
4. FOI Receiving Officer: There shall be an the administration of the FOI by graphically
1. Purpose: The purpose of the FOI Manual is FOI Receiving Officer (FRO) and an Alternate displaying the detailed statistics contained OPEN DATA. Publicly available data structured
to provide the process to guide and assist the Receiving Officer designated at the Institute. in Annual FOI Reports, so that they can be in a way that enables the data to be fully
Institute, including its divisions and units, in These officers shall preferably come from the compared by agency and over time. discoverable and useable by end-users.
dealing with requests for information received Public Assistance or Information Office, or its
under Executive Order (EO) No. 2 on Freedom of equivalent, and shall hold office at the SEI. INFORMATION. Any records, documents, PUBLIC RECORDS. Information required by
Information. (Annex “B”) papers, reports, letters, contracts, minutes and laws, executive orders, rules or regulations to
The functions of the FRO shall include the transcripts of official meetings, maps, books, be entered, kept, and made publicly available by
2. Structure of the Manual: This Manual shall following: photographs, data, research materials, films, a government office.
set out the rules and procedures to be followed sound and video recording, magnetic or other
by the Institute, and its divisions and units, a. Receive, on behalf of the INSTITUTE and tapes, electronic data, computer stored data, any PUBLIC SERVICE CONTRACTOR. Defined as a
when a request for access to information is other divisions and units, all requests for other like or similar data or materials recorded, private entity that has dealing, contract, or a
received. The Director of the Institute is information; stored or archived in whatever format, whether transaction of whatever form or kind with the
responsible for all actions carried out under this b. Forward the same to the appropriate office offline or online, which are made, received, or government or a government agency or office
Manual and may delegate this responsibility to that has custody of the records; monitor all kept in or under the control and custody of any that utilizes public funds.
the FOI Committee Head of the Institute FOI requests and appeals; government office pursuant to law, executive
and the respective Heads of the divisions and c. Provide assistance to the FOI Decision Maker order, and rules and regulations or in connection PERSONAL INFORMATION. Any information,
units. The INSTITUTE Director, or the designated (FDM) & FOI Division Decision Maker (FDDM); with the performance or transaction of official whether recorded in a material form or not, from
officer-in-charge, may delegate a specific officer d. Provide assistance and support to the public business by any government office. which the identity of an individual is apparent
to act as the Decision Maker (DM) and shall have and staff with regard to FOI; or can be reasonably and directly ascertained by
overall responsibility for the initial decision on e. Compile statistical information as required; INFORMATION OF DISCLOSURE. Information the entity holding the information, or when put
FOI requests, (i.e. to decide whether to release and promoting the awareness and understanding of together with other information would directly
all the records, partially release the records or f. Conduct initial evaluation of the request and policies, programs, activities, rules or revisions and certainly identify an individual.
deny access). advise the public on its status.

4 5
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.

6 7
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

Promotion of Openness Standard Procedure (see Annex E for flow chart)


in Government
1. Receipt of Request for Information. FRO or the designated alternate shall input the
1. Duty to Publish Information. The Institute e. Important rules and regulations, orders or details of the request on the Request Tracking
shall regularly publish, print and disseminate at decisions; a. The FRO shall receive the request for System and allocate a reference number.
no cost to the public and in an accessible form, f. Current and important database and statistics information from the requesting party
in conjunction with Republic Act No. 9485, or that it generates; and check compliance of the following d. The Institute or any of its divisions or
the Anti-Red Tape Act of 2007, and through g. Bidding processes and requirements; and requirements: units must respond to the requests promptly,
their website timely, true, accurate and updated h. Mechanisms or procedures by which the i. The request must be in writing; within fifteen (15) working days following
key information including, but not limited to: public may participate in or otherwise ii. The request shall state the name and the date of receipt of the request.
influence the formulation of policy or the contact information of the requesting
a. A description of its mandate, delivery exercise of its powers. party, as well as provide valid proof of The date of receipt of the request will be either:
structure, its procedure and decision-making identification or authorization; and
processes; 2. Accessibility of Language and Form. The iii. The request shall reasonably describe i. The day on which the request is
b. A description of the frontline services it Institute shall endeavor to translate key the information requested, and the physically or electronically delivered
delivers and the procedure and length of information into major Filipino languages and reason for, or purpose of, the request for to the government office, or
time by which they may be availed of; present them in popular form and means. information. (see Annex “F”) directly into the email inbox of the
c. The names of its key officials, their powers, Institute; or
functions and responsibilities, and their 3. Keeping of Records. The Institute The request can be made through email,
profiles and curriculum vitae; shall create and/or maintain in appropriate provided that the requesting party shall ii. If the government office has asked the
d. Work programs, development plans, formats, accurate and reasonably complete attach in the email a scanned copy of the requesting party for further details
investment plans, projects, performance documentation or records, policies, FOI application request, and a copy of a duly to identify and locate the requested
targets and accomplishments, budgets, transactions, decisions, resolutions, enactments, recognized government ID with photo. information, the date on which the
revenue allotments and expenditures; actions, procedures, operations, activities, necessary clarification is received.
communications and documents received or b. In case the requesting party is unable to
filed with them and generated or collected. make a written request, because of illiteracy An exception to this will be where the request
or due to being a person with disability, he or has been emailed and there is force majeure
SECTION 5 she may make an oral request, and the FRO due to unforeseen events.

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.

8 9
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.

10 11
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

Remedies in Case of Denial Administrative Liability


A person whose request for access to b. The appeal shall be decided by 1. Non-compliance with FOI.
information has been denied may avail himself the Institute Director upon the Failure to comply with the provisions of this
of the remedy set forth below: recommendation of the FOI Committee Manual shall be grounds for the following
within thirty (30) working days from the administrative penalties:
1. Administrative FOI Appeal to the Institute filing of said written appeal.
FOI Committee: Provided, that the written appeal a. 1st Offense - Reprimand
must be filed by the same requesting party within c. The denial of the appeal by the b. 2nd Offense - Suspension of one (1) to
fifteen (15) calendar days from the notice of denial institute Director or the lapse of the thirty (30) days; and
or from the lapse of the period to respond to the period to respond to the request may c. 3rd Offense - Dismissal from the service
request. be appealed further to the Office of the
Secretary under Administrative Order 2. Procedure.
a. Denial of Request by the Heads of the No. 22, s. 2011. The Revised Rules on Administrative Cases
Institute divisions or units may be in the Civil Service shall be applicable in the
appealed in writing to the Institute FOI 2. Upon exhaustion of administrative FOI disposition of cases under this Manual.
Committee within (15) calendar days from appeal remedies, the requesting party may
the notice of denial or from the lapse of the file the appropriate judicial remedies in 3. Provisions for More Stringent Laws, Rules
period to respond to the request. accordance with the Rules of Court. and Regulations.
Nothing in this Manual shall be construed to
derogate from any law, rules, or regulation
SECTION 8 prescribed by anybody or agency, which

Request Tracking System provides for more stringent penalties.


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.

12 13
The Order states:

Every Filipino shall have access to information, official records, public 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.

— E.O. 2 sec. 3

The Order defines “information” to include any

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.

— E.O. 2 sec. 1.a


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 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

Executive Order No. 2 (c) “Public record/records” shall include


information required by laws, executive
Said inventory of exceptions shall periodically
be updated to properly reflect any change
orders, rules, or regulations to be entered, in existing law and jurisprudence and the
kept and made publicly available by a Department of Justice and the Office of the
MALACAÑANG PALACE offices, and the duty to ensure that the laws be government office. Solicitor General are directed to update the
MANILA faithfully executed; inventory of exceptions as the need to do so
Section 2. COVERAGE. This order shall cover arises, for circularization as hereinabove stated.
BY THE PRESIDENT OF THE PHILIPPINES WHEREAS, the Data Privacy Act of 2012 (R.A. all government offices under the Executive
10173), including its implementing Rules and Branch, including but not limited to the national Section 5. AVAILABILITY OF SALN. Subject to
EXECUTIVE ORDER NO. 02 Regulations, strengthens the fundamental government and all its offices, departments, the provisions contained in Sections 3 and 4 of
human right of privacy, and of communication bureaus, offices, and instrumentalities, including this Order, all public officials are reminded of
OPERATIONALIZING IN THE EXECUTIVE while ensuring the free flow of information to government-owned or -controlled corporations, their obligation to file and make available for
BRANCH THE `PEOPLE’S CONSTITUTIONAL promote innovation and growth; and state universities and colleges. Local scrutiny their Statements of Assets, Liabilities
RIGHT TO INFORMATION AND THE STATE government units (LGUs) are encouraged to and Net Worth (SALN) in accordance with
POLICIES TO FULL PUBLIC DISCLOSURE AND NOW, THEREFORE, I, RODRIGO ROA DUTERTE, observe and be guided by this Order. existing laws, rules and regulations, and the
TRANSPARENCY IN THE PUBLIC SERVICE AND President of the Philippines, by virtue of the spirit and letter of this Order.
PROVIDING GUIDELINES THEREFOR powers vested in me by the Constitution and Section 3. ACCESS TO INFORMATION. Every
existing laws, do hereby order: Filipino shall have access to information, official Section 6. APPLICATION AND INTERPRETATION.
records, public records and to documents and There shall be a legal presumption in favor
WHEREAS, pursuant to Section 28, Article II of Section 1. DEFINITION. For the purpose of this papers pertaining to official acts, transactions of access to information, public records and
the 1987 Constitution, the State adopts and Executive Order, the following terms shall mean: or decisions, as well as to government research official records. No request for information
implements a policy of full public disclosure data used as basis for policy development. shall be denied unless it clearly falls under
of all its transactions involving public interest, (a) “Information” shall mean any records, any of the exceptions listed in the inventory or
subject to reasonable conditions prescribed by documents, papers, reports, letters, Section 4. EXCEPTION. Access to information updated inventory of exceptions circularized
law; contracts, minutes and transcripts of official shall be denied when the information falls by the Office of the President provided in the
meetings, maps, books, photographs, under any of the exceptions enshrined in the preceding section.
WHEREAS, Section 7, Article III of the data, research materials, films, sound and Constitution, existing law or jurisprudence.
Constitution guarantees the right of the people video recording, magnetic or other tapes, The determination of the applicability of any
to information on matters of public concern; electronic data, computer stored data, The Department of Justice and the Office of the of the exceptions to the request shall be the
any other like or similar data or materials Solicitor General are hereby directed to prepare responsibility of the Head of the Office, which is
WHEREAS, the incorporation of this right in the recorded, stored or archived in whatever an inventory of such exceptions and submit the in custody or control of the information, public
Constitution is a recognition of the fundamental format, whether offline or online, which same to the Office of the President within thirty record or official record, or the responsible central
role of free and open exchange of information are made, received, or kept in or under the (30) calendar days from the date of effectivity or field officer duly designated by him in writing.
in a democracy, meant to enhance transparency control and custody of any government of this Order.
and accountability in government official acts, office pursuant to law, executive order, and In making such determination, the Head of the
transactions, or decisions; rules and regulations or in connection with The Office of the President shall thereafter, Office or his designated officer shall exercise
the performance or transaction of official immediately circularize the inventory of reasonable diligence to ensure that no exception
WHEREAS, the Executive Branch recognizes business by any government office. exceptions for the guidance of all government shall be used or availed of to deny any request
the urgent need to operationalize these offices and instrumentalities covered by this for information or access to public records, or
Constitutional provisions; (b) “Official record/records” shall refer to Order and the general public. official records if the denial is intended primarily
information produced or received by a public and purposely to cover up a crime, wrongdoing,
WHEREAS, the President, under Section 17, officer or employee, or by a government graft or corruption.
Article VII of the Constitution, has control office in an official capacity or pursuant to a
over all executive departments, bureaus and public function or duty.

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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 (b) The public official receiving the request


shall provide reasonable assistance, free Section 10. Fees. Government offices shall not
Executive Order No. 2 of charge, to enable all requesting parties charge any fee for accepting requests for access
and particularly those with special needs, to information. They may, however, charge a
Section 7. Protection of Privacy. While The location and contact information of the to comply with the request requirements reasonable fee to reimburse necessary costs,
providing access to information, public records, head, regional, provincial, and field offices, and under this Section. including actual costs of reproduction and
and official records, responsible officials shall other established places where the public can copying of the information required, subject to
afford full protection to the right to privacy of obtain information or submit requests; (c) The request shall be stamped by the existing rules and regulations. In no case shall
the individual as follows: government office, indicating the date the applicable fees be so onerous as to defeat
The person or office responsible for receiving and time of receipt and the name, rank, the purpose of this Order.
(a) Each government office per Section requests for information; title and position of the receiving public
2 hereof shall ensure that personal officer or employee with the corresponding Section 11. Identical or Substantially
information in its custody or under its (a) The procedure for the filing and processing signature, and a copy thereof furnished to Similar Requests. The government office
control is disclosed or released only if of the request as specified in the the requesting party. Each government shall not be required to act upon an unreasonable
it is material or relevant to the subject succeeding Section 9 of this Order; office shall establish a system to trace subsequent identical or substantially similar
matter of the request and its disclosure the status of all requests for information request from the same requesting party whose
is permissible under this order or existing (b) The standard forms for the submission received by it. request has already been previously granted or
law, rules or regulations; of requests and for the proper denied by the same government office.
acknowledgment of requests; (d) The government office shall respond to a
(b) Each government office must protect request fully compliant with requirements Section 12. Notice of Denial. If the
personal information in its custody or control (c) The process for the disposition of requests; of sub-section (a) hereof as soon as government office decides to deny the request,
by making reasonable security arrangements practicable but not exceeding fifteen (15) in whole or in part, it shall as soon as practicable,
against leaks or premature disclosure of (d) The procedure for the administrative appeal working days from the receipt thereof. The in any case within fifteen (15) working days from
personal information, which unduly exposes of any denial for access to information; and response mentioned above refers to the the receipt of the request, notify the requesting
the individual, whose personal information is decision of the agency or office concerned party the denial in writing. The notice shall
requested, to vilification, harassment or any (e) The schedule of applicable fees. to grant or deny access to the information clearly set forth the ground or grounds for
other wrongful acts; requested. denial and the circumstances on which the
Section 9. Procedure. The following denial is based. Failure to notify the requesting
(c) Any employee, official or director of a procedure shall govern the filing and processing (e) The period to respond may be extended party of the action taken on the request within
government office per Section 2 hereof who of request for access to information: whenever the information requested the period herein stipulated shall be deemed a
has access, authorized or unauthorized, to requires extensive search of the denial of the request for access to information.
personal information in the custody of the (a) Any person who requests access to government office’s records facilities,
office, must not disclose that information information shall submit a written request to examination of voluminous records, the Section 13. Remedies in C ases of
except when authorized under this order or the government office concerned. The request occurrence of fortuitous cases or other Denial of Request for Access to
pursuant to existing laws, rules or regulation. shall state the name and contact information analogous cases. The government office Information.
of the requesting party, provide valid proof of shall notify the person making the request
Section 8. People’s Freedom to his identification or authorization, reasonably of the extension, setting forth the reasons (a) Denial of any request for access to
Information ( FOI ) Manual. For the describe the information requested, and for such extension. In no case shall the information may be appealed to the person
effective implementation of this Order, every the reason for, or purpose of, the request for extension go beyond twenty (20) working or office next higher in the authority,
government office is directed to prepare within information: Provided, that no request shall days unless exceptional circumstances following the procedure mentioned in
one hundred twenty (120) calendar days from be denied or refused acceptance unless the warrant a longer period. Section 9 of this Order: Provided, that the
the effectivity of this Order, its own People’s reason for the request is contrary to law, written appeal must be filed by the same
FOI Manual, which shall include among others existing rules and regulations or it is one of (f) Once a decision is made to grant the request, person making the request within fifteen
the following provisions: the exceptions contained in the inventory or the person making the request shall be (15) working days from the notice of denial
updated inventory of exception as hereinabove notified of such decision and directed to or from the lapse of the relevant period to
provided. pay any applicable fees. respond to the request.

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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

Executive Order No. 2 SEI-FOI Receiving Officer (FRO)


(b) The appeal be decided by the person or Section 17. Separability Clause. If Agency : DOST-SEI
office next higher in authority within thirty any section or part of this Order is held Location of Receiving Officer : Level 1, Science Heritage Bldg., DOST Compound
(30) working days from the filing of said unconstitutional or invalid, the other sections or Gen. Santos Ave., Bicutan, Taguig City
written appeal. Failure of such a person provisions not otherwise affected shall remain Contact Details : (632) 8837-0749/ 8837-2071 local 2385
or office to decide within the aforestated in full force or effect. foi@sei.dost.gov.ph
period shall be deemed a denial of the Assigned Receiving Officer : Anita E. Gorgonio
appeal. Section 18. Repealing Clause. All orders,
rules and regulations, issuances or any part
(c) Upon exhaustion of administrative appeal thereof inconsistent with the provisions of this ANNEX D

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.

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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 D-1 ANNEX E

SEI List of Exceptions SEI-FOI Flowchart


1. Personal Information of student and teacher 8. Income Tax Return (BIR Form No. 2316) Fifteen (15) Working Days
participants, resource persons, DOST-SEI • Tax returns and corrections prior to
Scholars and Scholar-Graduates, PD 997 the issuance of an assessment by the
Applicants and Grantees, and consultants; CIR; and
• Prohibition of disclosing information Requesting Party
2. 201 files of personnel; under the National Internal Revenue
Code
3. Proceeding before the Committee on Request
Decorum and Investigation during 9. Working Papers - Confidentiality of working Information
preliminary investigation of employees; papers, schedules and memoranda made by
a Certified Public Accountant; If the Requesting Party
4. Information deemed confidential SEI FOI Receiving Officer sends an FOI requests
concerning the application of employees, 10. Confidential information supplied by the directly to the division, the
together with all the records, documents suppliers/bidders/contractors to the
(SEI-FRO)
SEI-FRO shall be provided
and communications relating thereto and General Services Unit (GSU) pursuant with a copy of request
its processes; to Republic Act 9184 (Government for monitoring/ reporting
Procurement Reform Act); purposes.
5. Medical and psychological records of
personnel; 11. Information on ongoing evaluation or review
of bids and response being undertaken by
6. Specimen’s signature; the bidding or review committee which are
not considered as “official acts, transactions,
7. GSIS/PAG-IBIG/Philhealth information in or decisions” on the bids or proposals or OD/ODD STSD STMERPD SEID FAD
relation to: ‘’definite propositions’’ on the part of the DDM DDM DDM DDM DDM
• Records of a person’s birth; government;
• Employment records and reports
submitted by the employee or employer 12. Raw data sets purchased from the Philippine
to the SSS, unless in compliance with a Statistics Authority (PSA);
subpoena ducestecum of the Court, or
with the SSS Administrator’s permission 13. Academic records and ledger of financial Approves or Denies Initial
or any SSS official duly authorized by the assistance of scholars; the Request Assessment
Administrator; and
• Records and reports duly accomplished 14. DOST-SEI Scholarship Test Materials; and
and submitted to the SSS by the
employer or the member 15. Guidelines/resolutions on the selection of
scholarship qualifiers; Decision Maker

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Model People’s FOI Manual
FOI Implementing Details (Annexes) (updated as of 23 January 2017)
Recommended by the Presidential Communications Operations Office

ANNEX F

FOI Request Form


General Santos Avenue, Bicutan, Taguig City

FOI Request Form


Tracking No.
PART I. INFORMATION ON REQUESTING PARTY
FULL NAME: _______________________________________________________________________________________________
COMPLETE ADDRESS: ______________________________________________________________________________________
__________________________________________________________________________________________________________
CONTACT DETAILS:
Landline: ________________________ Mobile: _________________________ Email: _________________________________
PROOF OF IDENTITY:
Passport No. ________________________________________Driver’s License ________________________________________
Postal ID. ____________________________________ Others: (pls. specify) __________________________________________

PART II. REQUESTED INFORMATION


TITLE OF DOCUMENT/RECORD REQUESTED: __________________________________________________________________
DATE OF DOCUMENT: _______________________________________________________________________________________
PURPOSE OF REQUEST (Please specific as possible): __________________________________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
HOW WOULD YOU LIKE TO RECEIVE THE INFORMATION?

Email Fax Postal Address Pick-up (Office Hours)



I declare and certify that the information provided in this form is complete and correct. I am aware that giving false
or misleading information or using forged documents is a criminal offense. I bind myself and my principal to use the
requested information only for the specific purpose stated and subject to such other conditions as may be prescribed by
the DOST-SEI.

_____________________________________ __________________________________
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: _____________________________________________________________________________________

26
Freedom of
Information (FOI)
People’s Manual

1F/2F Science Heritage Building


DOST Compound
General Santos Avenue, Bicutan
Taguig City
www.sei.dost.gov.ph

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