Ohtice of the President of the Bhilippines Malacaiang MEMORANDUM CIRCULAR NO. 69 UPDATING THE INVENTORY OF EXCEPTIONS TO THE RIGHT TO ACCESS OF INFORMATION UNDER EXECUTIVE ORDER (EO) NO. 02, SERIES OF 2016 WHEREAS, pursuant to Section 4 of EO No. 02, series of 2016 (EO No. 02), the Office of the President (OP) issued a Memorandum crcuarzing the inventory of ‘exceptions tothe right fo access information under £0 No, 02 (Inventory of Exceptions) ‘on 24 November 2016; WHEREAS, Section 4 of EO No. 02 directs the Department of Justice (DO) and the Office ofthe Solictor General (OSG) to update the Invertory of Exceptions as the ‘need 1o 6050 arises and the OP to accordingly ckcuarize te same’ WHEREAS, Section 1 of Memorandum Circular No. 4, series of 2018, created the InterAgency Freedom of information Exceptions Policy Commits (A-FOLEPC), with the DOJand the OSG as co-chair, fo review the Inventory of Exceptions and periodically ‘ndate the same to reflect changes in existing laws and jurisprudence; and WHEREAS, the A-FOLEPC, through IA-FOL-EPC Resolution Nos, 2019-001 and 2021-001, proposed updates tothe inventory of Exceptions NOW THEREFORE, the attached updated Inventory of Exceptions is hereby circuarzed for the guidance of all goveerment office an incrumentalites covered By EO No. 02 and the general publi ‘The foregoing fst of exceptions shall be without prejudice to existing laws, jurisprudence, rules or regulations authorizing the disclosure 6” tne excepted information ‘Upon saisfacion of cerain candilons in certain cases, such ae the consent of the ‘concerned party or as may be ordered by the cours. In evaluating request fr information, all heads of offices are enjolned to eneure tho meaningful exercise of the public of thelr righ to access to information on pubic DONE. in the Cty of Mania, this 3ealay of Septemberin the Year of our Lord, “Two Theusand and Twenty-One. By authorty ofthe President yw SALVADOR C. MEDIALDEA Bilge oe reslh aLAcaanG RECORDS OFTOE CERTIFIED COPY “0Exceptions to Right to Access of Information For the guidance ofall government offices and instrumentals covered by EO No. 2(8. 2016) and the general public, the folowing are the exceptions to the right of ‘access to Information, as recognized by the Constitution, existing laws, or jurispradence:* 1 2 Information covered by Executive privilege: Privileged information relating to national security, defense or intemational relations; Information conceming law enforcement and protection of public and personal ‘safely: Information deemed confidential for the protection ofthe privacy of persons and certain individuals such as minors, victims of crimes, or the accused; Information, documents or records known by reason of official capacity and are ‘deemed as confidential, including those submitted or disclosed by entities to ‘goverment agencies, trbunals, boards, or officers, in relation to the performance of their functions, or to inquiries or investigation conducted by ‘herr in the exercise oftheir administrative, regulatory or quast-udicial powers; 3. Prejudicial premature disclosure; Records of proceedings or information from proceedings which, pursuant to lew or relevant rules and regulations, ae treated as confidential or privileged; Matters considered confidential under banking and finance laws, and their ‘amendatory laws; and (Other exceptions tothe rightto information under laws, jurisprudence, rules and reguations. 1 These excestons only aply to governmental bodies win the contol and suporision of the Execuve department Urlessspeiealy iene, these exceptions may be invoked by al fica, ‘ere amployane nha Punsfun hee in poston oth nae cn oe ineratonFor the implementation of the exceptions to the right of accass to information, the following provide the salient details and legal bases that define the extent and application of the exceptions. 41. Information covered by Executive privilege: ‘a, Presidential conversations, correspondences, and discussions in closed- door Cabinet meetings:? and 'b. Matters covered by deliberative process privilege, namely |. advisory opinions, recommendations, resolutions, minutes of meetings, land deliberations comprising part of @ process by which governmental decisions and policies are formulated; intra-agency or inter-agency recommendations or communications during the stage when common assertions are sill in the process of being formuléted or are in the ‘exploratory stage; or information pertaining to the cecision-making of executive oficials;? and |i. information, record or document comprising drafts of decisions, orders, ‘uings, policy decisions, memoranda, etc." 2. Privileged information relating to national security, defense or international relations: €. Information, record, or document that must be kept secretin the interest of national defense or securty.? Th exception may ot be waked bythe Presidant an Ns close advisors The extent ofthe prvioge Is defined by apoteable sprudonce: Sonate. Emi, GR. No. 160777, 20 Api 2006 488 SCRA ow Senate Commitee on Accouiaby of Pe Oficrs and investigation. G.R_ No. 180643, § September 2008, $4 SCRA 152 Akbeyan Aquino, GR. No. 170516, 16 ly 2008, 558 SCRA 468, ‘nd Chavez v PCGG, GR. No, 30776, 9 Decembe: 1998, 200 SCRA 74a 2 akboyanv. Aquina sup; Chavez v. NMA, G.R. No. 164827, 18 August 2007:and Chavez v. PCG, ‘supa, Ser «. Commitee on Trade and Related Mater ofthe National Economic Development ‘Aatonty, GR. No, 175210, 01 Febuary 2016, 700 PHIL 18; and Deparment of Foreign Afar v ‘BEA ntoratona Cororton, GR. No. 210858, 20-sone 2018 The prog af vowing th excopon eds when the execute agency adopts deft proposition + Section (8) Rule IV, ules Implementing the Code of Conduct and Etia! Standards for Publ (rica and Employoos (ules on CCESPOE}, Drafts of decisens, orders, rungs, poy decisions, ‘memoranda, and thee, such as esolitens prepared bythe investing prosectlr peo approval {er promulgation and release lo parts (Revised Manual fr Prosecutors of he Dopartment Of dustice (O60) a aloo covered under ta Category of exeepuons * kimono v. Vasquez, GR, No 95367, 28 May 1995, 244 SCRA 286; Chavez v. PCG, supra: Legase! Cin Seria Commission, L-72119, 29 May 1987, 180 SCRA 530. Chavez v. NVA, supra Nev ‘inate, stra: Chavez v. Pubic Estates thoy, G.R. No. 133280, @ ly 2002. 384 SCRA 152: Lagman v Mediaise, C.R Nos. 231688, 231771, and 231774, 4 July 2017, 812 PHIL 178-853, and Secon ta), Rule IV, Ries on CCESPOE. Ths exception goreraly includes raters dassieg under NNemorandum Ciular (MC) No. 78, 26 amended by MC No. 196 26 "Top Secret’ “Secret” “Confidential ana "Rescted” This excopton aso ncides records, papers, end information related ‘emtters provided under Sectons 18 18, and 49, Tho An-Terrrgm Ae! of 2020 [Repute At (A) No" starol ae te planting Rules and Regulations (RR). se may be muched By be goverment 2yen0y volvo.'. Diplomatic negotiations and other information required to be kept secret in the conduct of foreign affairs* and . Patent applications, the publication of whch would prejudice national ‘security and interests” 3. Information concerning law enforcement and pretection of public and personal safety: ‘a. Investigation records compiled for law enforcement purposes or information ‘which if written would be contained in such records, but only to the extent ‘that the production of such records or information would ~ |. interfere with enforcement proceedings; |i. deprive a person of a right toa fair tral or an impartial adjudication; li disclose the identity ofa confidential source and in the case of a record ‘compiled by a criminal law enforcement authorty in the course of a criminal investigation, or by an agency conducting a lawful national ‘security inteligence investigation, confidential information furnished ‘only by the confiential source; or Iv. unjustitably disclose investigative techriques and procedures:* ». Informers privilege or the privilege of the Government not to disclose the Identity of a person or persons who furnish information of violations of law to officers charged wit the enforcement of lw? ‘c. When disclosure of information would put the life and safety of an individual in imminent danger: 4. Any Information given by informants leading to the recovery of camapped vehicles and apprehension of the persons charged with camapping;"* and All proceedings involving application for admission into the Witness Protection Program and the action taken thereon;”? " Akbayan v. Aquino, spr; Section 3a) Rule V, Rule on CCESPOE. Ths prvioge may be invoked bythe Deparment of Foren Aas and ater government bodes ivcved in plone negotiations 1 The appteabilly of tis exception is determined by the Director General of the Intlctual Property Office and bjt othe approval of the Secretary of he Deparinent of Trade and indusby. Secon {443 ofthe ictoctual Property Code (RA No. 8298, 28 anenedby RA No. 10372) * Section ff), Rie IV, Rules on CCESPOE; Chaver v. PCGG, supra. May be invoked by law cerfororent agencies * Akbayan v. Aquino, supra, ond Sexton $1, Human Scully 4t of 2007 (RA No. 0872), May be Iovekod by law evorcomont agencies. = Section 3b), Rule V, Rules on CCESPOE "Section 19, New Ant Carnapeing Act ef 2016 (RA No, 10883), May be invoked by law enforcement agencies "Section 7, Wess Protucian,Sacunty and Baneft Act (RA No, 6981),4, Information deemed confidential forthe protection ofthe privacy of parsons and Certain individuals such as minors, victims of crimes, or the accused, These include: 2, Information of a personal nature where disclosure would constitute a clearly lunwarranted invasion of personal privacy,"® personal information or records, including sensitive personal informatio, birth recorcs,"® school records, or medical or health records;"” ‘Sensitive personal information as defined under the Data Privacy Act of 2012 refers to personal information (1) about an indviduar’s race, ethnic origin, marital status, age, color, and religious, philosophical or political afflations; (2) about an individuars health, education, genetic or sexual life of a Person, or to any proceeding for any offense committed o alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; (3) Issued by govemment agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and ‘tax retums; and (4) specifically established by an executive order or an act of Congress to be kept classified However, personal information may be disclosed to the extent that the requested information is shown to be a matter of public concer or interest, shall not medale with or disturb the private lfe or family relations of the "= Soction ), Rule V, Rules on CCESPOE. "Sectons 8 and 15, Data vary Act of 2012 (RA No. 10173: Personal infrmaton refers to any inrmation whether recorded in'@ matera form or nt fom whieh the Ken ofan individual ‘sxparert or can ba essonebly and dee ascertaned by the ently hang the rmton, or when ‘together with over ieraton wold dec and erat ody an individual Secton Se), Data vagy Act of 2012, Acie 25, Ch Code, May be sakes by Nallonal Privacy Corwmision and ‘goreren personal oration corres "Stile 7, The Chit and Youth Wolere Code [resident Decree (PO) No 602 Seaton 94), Euston Act of 1982 Blas Pambansa (BP) Bi, 232) "" Mees and heath records ar considered as sent personal Infomation pursuant to Section 302), Data Privacy Act of 2012 See also Department of Heal?yDeparment of Sdence and ‘Tecmology (00ST? Prilppne Heath Insurance Corporation soit Adnsvabve Ose" No. 2016-0002 (racy Gunes forthe Implomertaon of he Php Heals Ifrmation Exchange), Secton 9, Mandalay Roperting of Nolte Deeaees and Hoa Evens of Pubic Health Concern Act (8 No {1832} Secton 36, Universal Health Care Act (RAN. 11223), Secton 28, National Integrated Cancer (Convo Act (No. 11219) and Secon 5), Mena Health Act (RA No, 11038), Meta eat ecards Uurdor RAN. 11036 nade ermaton onary aspect of he mental health, eatment or care of he sanice user. "Section 3), Data Privacy Aat of 2012. See also Section, Fre Internet Acca n Put Paces Act (FA No. 10820); Section 26, Safe Spaces Act (RA No. 11313) and Section 21, Tax Amsty Act(RA nets),Ingividual” and is not prohibited by any law or regulation. Any disciosure of personal information shall be in accordance with the principles of {ransparency, legitimate purpose and proportionality.” Disclosure of personal information about any individual who is or was an Officer or employee of a government institution shall be allowed, provided that such information relates to the postion or functions of the individual, including: (1) the fact that the individual is or was an officer or employee of the government institution; (2) the tile, business address and office telephone number ofthe individual; (3) the classification, salary range and responsiblities of the position held bythe individual: and (4) the name of the, individual on a document prepared by the individual in tre course of ‘employment with the government!* Source of any news report or information appearing in newspapers, ‘magazines or periodicals of general circulation obtained in confidence:®* ‘and Records of proceedings and processes deemed confidential by law for the privacy andlor protection of certain Individuals, such as children, vitims of ‘rime, witnesses to a crime or rehabilitated drug offenders, including those. pertaining to the following: (1) records of child and family cases: (2) ehkren in cat wth he ow fom ni contact nt al ispostion the case; (3) _achild who isa victim of any offense under the Ant-Child Pornography ‘Act of 2009, including the name and personal circumstances of the child, o the child's immediate family, or any other information tending to establish the child's identity (4) a child witness, who is a victim of a crime, an accused ofa crime, or a witness to a crime, including the name, address, telephone number, ‘school, or other identifying information ofa child or an immediate family ofthe chil? (5) cases involving violence against women and their children, including Ue rane, address, telephone number, sclwo, business, address, peice 262), Civ Code Section 11, Data Privacy Act of 2012 » Section 4, Data Privacy Act of 2012. 2 n Act Expanding the Coverage of Exomptons am Revealing tho Source of Pubished News or Information Ontaned in Cortdence by Incudng Joumslsts fom Broadcasts. nd Kows Agencies ‘Amanding forthe Purpasa Sacto ¥ of RA No 3, ae Arened By RA Ne, 1477 (RA NO 11488) May be vokes by government newspapers » Section 12, Family Courts Act of 1997 (RA Act No, 8360). Section 43, were Justice and Welle Act of 2006(RA No. 934). 5 Section 13, An: Chid Pornography Act of 2008 RA No, 8775), Section 31, AM No. 004+-07-SC. Re: Proposed Rule on Examination of Cid Wiss 5‘employer, or other identifying information of a victim or an immediate family member.” (6) trafficked persons, including their names and personal circumstances, for any other information tending to establish the identity of the trafficked person: (7) names of victims of child abuse, exploitation or discrimination; (8) cases of gender-based streets and public spaces sexval harassment, including information on the vitim and tha accused who is. a minor:® (®) disclosure which would esult in undue and sensationalized publicity of ‘any case involving @ child in confict with the law, child abuse, or violation of ant-trafficking of persons; (10) records, documents, and communications of proceedings involving domestic, inter-country, and administrative, adoptions, including the identity ofthe child, natural parents and adoptive parents; (11) names of students who committed acts of bullying or retaliation: 2? (12) chikren in situations of armed confct>* (18) frst time minor (drug) offenders under suspended sentence who ‘comply with applicable rules and regulations of the Dangerous Drugs. Board and who are subsequently discharged; judicial and medical records of drug dependents under the voluntary submission program; and records of drug dependent who was rehabilitated and discharged from tteatment and rehablitation centers under the compulsory ‘submission program, or who was charged for violation of Section 16 (use of dangerous drugs) of the Comprehensive Dangerous Drugs Act ‘of 2002, as amended: and (14) identy, status and. medical records of individuals with Human Immunodeficiency Virus (HIV), a8 well as results of HIV/Acquired Immune Deficiency Syndrome (AIDS) testing.» * Section 44, Ant-Vlence Against Women and th Chien Act of 2004 (RA No, 9262) and People Cabal, GR. No. 167603, 19 Septeribr 2006. Section 7, Ant-isicking in Persons Ato 2003 (RA No £208), 3 amended by RA No. 10964, ® Secon 28, Special Protection of Chisten Against Abuse, Explain and Discrmination Act (RA, No. 7610), Section 28, Sof Spaces Act{PA No. 11313) 3 Section 14, Jeno Justice and Weare Act of 2008; Secon 7, Ant-Trafickng in Persons Act of 2009, as amended; and Section 29, Special Protecton of Chicrn Against Abuse, Expotation ad Disermnaton Ae ® Secon 18, Domestic Adopton Act of 1998 (RA No_ 8552) and Sacton 43, IRR of RA No. 8552 Sections 6 and 160), er Country Adoption At of 1005 RA No, 8043) and Secona 83, 4 and 56 of IR of RA No. 8048 Secon 14, Simulated Bet Recttaton Act (RA No. #4229) and Secon 28 IRR ofA No. 11222. ® Section ah), Ant-Bulying Act (RA No. 10827. Section 19, Special retectin of Citron in tutions of Armed Confit Act (RA No. 11188). ® Secon 60, 64 a 67, Comprehensive Dangerous Drugs Act of 2002 (RA No. 9165), ® Section 44, Phippine HIV and AIDS Poy Act (RA No 1166). normation covered by Section 44 ‘may be disclosed wit the witlon consent ofthe afleced person orin accordance with Sections 48 and USOFRAWNo. 11166,5. Information, documents or records known by reason of oficial capacity and are ‘deemed as confidential including those submitted or disclosed by entities to ‘government agencies, tribunals, boards, or officers, in relation to the performance of their functions, or to inquiries or investigation conducted by them in the exercise of ther administrative, regulatory or quastjudicial powers, ‘such as but no limited tothe following: ‘8, Trade secrets, intellectual propery, business, commercial, financial and ‘other proprietary information; . Data furnished to statistical inquiries, surveys and censuses of the Philippine Statistics Authorty;* ‘& Records and reports submitted to the Social Security System by the ‘employer or member,** 4. Information of registered persons withthe Philippine Identification System? €. Information gathered for the HIV and AIDS monitoring and evaluation program under RA No. 11168 and all other related health intelligence activities? {. Confidential information submitted to the Philippine Competition ‘Commission prohibited from disclosure by law, including the identity of the ‘person who provided the information under condition of anonymity; 9. Applications and supporting documents fled pursuant to the Omnibus Investments Code of 1987." ° Sections 45, 106.1, and 180-2, The Inelectul Property Cove (RA No, 6203, a8 amended by RA No, 19372}, Secon 082, Secures Reputation Code (RAWNo. 8709), DOST Admlistraive Order No. O04. 18, Section 142, The Corporation Code (8° Big 68), Sacton 34, Philpine Competion Act (RA NO. 10667) Sactons 23 ana 2 (c), The Now Conta Bank Act (RAN, 782 Av omey Lavrorng et (RA No, 8160), Secton 18, Stafoge Trade Menopomant Act (RA No. 10887} Secons 10 and 4, Mocsures Ae (RA No. 8000) Section Ya, Tove Substances and Hevardous and Mucoa Wastes Convo! Ac of 1000 (A No. 6009} tele 200, Revsod Panal Cod, Seon 10.90, Rule 10. 2012 Few IRR of Buls:OperteTronstor Law (RA No, 0057); Revised Phi Ports Author ‘Manu of Corporate Governance, and Sacton 18, Ereray Vitus! Oro Stop Shop Aet (A No. +1234), ° Section 28, Pilpane Statistic! Ac of 2013 (RA No, 19625) and Secton 4. Commonwealth Act No. {501 See also Sacon 10, Camu Based Montonng Syetom Ac (RA No, 1131), 2 Section 24(), Social Secunty Ac of 1997 (RA No, 1161, 8 amended by RANo. 8282) “© Section 17, Phipaine Identicaon System Act(RA No. 11055) * Section 43, Philpaine HIV and AIDS Poly Act (PA No. 11166). < Section 34, Pippne Campetion Act (PCA), RA No. 10967 and Section 13, Rule 4 of the IRR of PCA, Tis excepton can be invoked by the Philippine Compotion Commision sunjoc © well dsined Tats andr the PCA ‘© Section 81, £0 No, 226 8 1987) a¢ amended,Documents submitted through the Goverment Electronic Procurement System; Information obtained from accessing any electronic key, electronic data message, or electronic document, book, register, correspondence, information or other material pursuant to any powers conferred under the Electronic Commerce Act of 2000, ‘Any confidential information supplied by the contractors. in mineral ‘agreements, and financial or technical assistance agreements pursuant to the Philppine Mining Act of 1995 and its Implementing Rules and Regulations (IRR), during the term of the project to which it retates:# Information received by the Department of Tourism (DOT) in relation to the accreditation of accommodation establishments (such as hotels and resorts) and travel and tour agencies;*” ‘The fact that @ covered transaction repott to the AntiMoney Laundering Council (AMLC) has been made, the contents thereof, or any information in relation thereto;"® Information submitted to the Tarif Commission which is by nature Confidential or submitied on a confidential basi Certain information and reports submitted to the Insurance Commissioner pursuant tothe Insurance Code Information on registered cuitural properties owned by private individuals:** Data submitted by a higher education institution to the Commission on Higher Education (CHED): “ Section 8, Govermont Procurement Reform Act{®A No. 918), “ Seaton 32, Elecrnie Commerca Act of 2000 RA No, 8792), “ Section 840), Pipi ring Act of 195 (RA No. 7942), «Seaton 1, ule PX, DOT MC Neo. 2010-02 (Rules ang Regulations to Gover, the Accreditation of ‘Accommodation Establishments — Hoes, Resorts and Apartment Hola) and Section 23, DOT MG 'No.2016-06(Roveed Rules and Regustens to Govern he accradaton of Travel ond Tour Agere) Seaton S), Ant-Money Laundering Act of 2001, 28 amended. May be ivoked by AMLC, ‘government banks ands ofcers and employees. “Section 10, Safeguard Measures Act. * Section 297 in relation with Section 295 and Secon 360, The Ineurance Cod (es amended by RA * Secon 14, National Cutural Hens Ac of 2009 (RA Na, 10066). © CHED Memarancum Order No, 016-1, 28 May 2013, °1. Any secret, valuable or proprietary information of a confidential character known to a public offcer, or secrets of private individuals;®> "Records or information in connection with any investigation conducted by the Presidential Anti-Corruption Commission (PACC) when such disclosure will deprive the respondent ofthe right to a fair and impartial investigation, > and 's. Records of surveillance of suspects and interception and recording of ‘communications acquired by a law enforcement agent or military personnel ‘pursuant to the Anti-Terrorism Act of 2020. Information of which a premature disclosure would: 4. in the case of a department, office or agency which agency regulates currencies, securities, commodities, or financial institutions, be likely to lead to significant financial speculation in currencies, securities, or commodities, Or significantly endanger the stability of any nancial institution; oF b. be likely or significantly frustrate implementation of a proposed official action, except such department, office or agency has already disclosed to the public the content or nature of its proposed action, or where the department, office or agency is required by law to make such disclosure on its own initative prior to taking final offical action on such proposal.” Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privieged, Including but not limited to the folowing: ‘2. Mediation and domestic or international arbitration proceedings, including records, evidence and the arbitral awards, pursuant to the Alleative Dispute Resolution Act of 2004:"" b. Matters involved in an Investor State mediation* 5 Arcos 29 and 230, Revised Pana! Code; Secon 3k), AntsGraf and Compt Practons Act (RA No, 2078), Section 7(), Cade of Conduct and etiea! Standard fr Puc Geiss and Employees (A No. 6713) Secton 7, Exenange of ifrmation on Tax Matters Act of 2009 (RA No. A002), and Section 6:2, Securios Regulation Code (RANO. 8790), Sexton 3, Rule WV, PACE Resolution No, 00, , 2018 (IRR of he PAC). * Sexton 16, The Ant Trevism Act of 2020 (RA No, 11479), * Section 3g), Rule V, Rules on CCESPOE. ® Sectons 9,29 and 33, Arne Dispie Resolution (ADR) Ac of 2004 (RA No. 9285) end O03 ‘Creu: No. 68s: 2008) rhe IRR ofthe ADR ° Adie 10, Inemational Bar Associaton Rules for Inverter State Mean,©. Information and statements made at conciliation proceedings under the Labor Coda: 4. Arbitration proceedings before the Construction Industry Arbitration ‘Commission (CIAC} Results of examinations made by the Securities and Exchange Commission (SEC) on the operations. books and records of any comparation, and all interrogatories propounded by it and the answers thereto,*" {Information related to investigations which are deemed confidential under the Secunties Regulations Code: {9 All proceedings prior to the issuance of a cease and desist order against 're-need companies by the Insurance Commission; © 1. Information related to the assignment of the cases to the reviewing prosecutors or the undersecretaries in cases involving violations of the Comprehensive Dangerous Drugs Act of 2002: |. Investigation report and the supervision history of a probationer®> |. Those matters classified as confidential under the Anti-Terrorism Act of 2020 and its IRR® . Preliminary investigation proceedings before the committee on decorum ‘and investigation of government agencies." and |L_ Those information deomed confidential or privileged pursuant to pertinent ‘ules and regulations issued by the Supreme Court, such as information on disbarment proceedings, DNA profiles and results, or those ordered by courts to be kept confidential = Arle 257, Laber Code, '® Section 71, Rule 7, CIAC Revised Rules of Procedure Goveming Construction Abiration. ' Sexton 178, Revised Corporation Code othe Phlpines. Maybe invoked by he SEC and any aer ‘ofici uthorized by lw to make such examination © Sections 134, 15.4 2.2(8), and 042 of the Secures Regain Code, ' Section (6X1) ofthe Fr-Need Code of he Phippines. The confidentiality ofthe proceedings I med ates te sane ot cece aed decor, “D0 Department Cray No, 006-16 (No. 6.10 February 2016, Section 17, Probation Law of 1976|PD No, 968 (61976), ® Secons 18 and 45, The Ant Tervism Act of 2020 (RA No. 11478) and Res 88 and 6:19 of the IRRofRAWNo. 11479 © Secton 14, Cl Service Commision Resolution No, 01-0940. © Sexton 18, Rule 139-8 and Section 24, Rue 120 of the Rules of Court and Section 11 ofthe Rule ‘on DNA Evidonee, AN. No, 05-11-558 Matters considered confidential under banking and finance laws and thele ‘amendatory laws, such as: 1a, RANo. 1408 (Law on Secrecy of Bank Deposits), b. RA No. 6426 (Foreign Currency Deposit Act ofthe Philippines) and relevant regulations; ‘c. RANo, 8791 (The General Banking Law of 2000); RA No, 9160 (Anti-Money Laundering Act of 2001), {eA No. 9510 (Credit information System Act and . RANo, 245, as amended by Presidential Decree No. 1878; 8. Other exceptions to the right to information under laws, jurisprudence, rules and regulations, such as: ‘a. Those deemed confidential pursuant to treaties, executive agreements, other intemational agreements, or international proceedings, such as: (1) When the disclosure would prejudice legitimate commercial interest or competitive position of investor-states pursuant to. investment agreements; (2) Those deemed confidential or protected information pursuant o United Nations Commission on. International Trade Law Rules on Transparency in Trealy-based Investor-State Arbitration and ‘Afbitration Rules (UNCITRAL Transparency Rules) and (3) Refugee proceedings and documents under the’ 1957 Convention Rolating to the Status of Refugees, as implemented by DOJ Circular No, 68 (s. 201 . Testimony from 2 government official, unless pursuant to a court or legal order" ©. When the purpose forthe request of Statement of Assets, Liabilities and Net Worth is any ofthe following: (1) any purpose contrary to morals or public policy: oF © Examples: Ace 20 (2), ASEAN Comprehensive Invesimant Agreement: Ale 15 (2) Agreement fon Investment under the’ Framework Agreoment on the Comprehensive Eonom Cooperation between the ASEAN andthe Republica da, and Artie 15 2) athe Agreement on lvestment under the Framework Agreement on the Comprehensive Economie Cooperation amng the Goverment of ‘he Member Counties ofthe ASEAN and the Repubie of Keren Ac 7, UNCITRAL Transparency Rules, Senate v. Nev supra; Sonate v. Erte, supe,(2) any commercial purpose other than by news and communications ‘media for dissemination to the general public:”= Lists, abstracts, summaries of information requested when such lists, abstracts or summaries are not part of the duties ofthe government office requested:?? ‘Those information and proceedings deemed confidential under rules and regulations issued by relevant government agencies or as decided by the courts; Requested information pe'tains to comments and disclosures on pending ceases in judicial proceedings," and Attomey-ctient privilege existing between government lawyers and their client” * Section 40), Code of Conduct and Ethical Standards or Puble Ofc and Employees. ° Bolg v. Ochoa, .R. No. 208565, 19 November 2013; and Valnontev, Belmonte Jr, GR. No, 14030, 18 February 1969, 252 Ph 268, % Examples: 2012 Guidelines and Procedures in tho levestgaton and Meniterng of Human Rights \Vilatons and Abuses and the Provision of CHR Assitanas, Government Servic Insurance Syste's Rules o Procedure of ho Conmios on Claims: Notona Labor Relators Commission Resear No 0f-02, Amending Cotan Provsons of he Now Rules of Prosacure of the Natal Labor Relatons ‘Commission 08 March 2002, Departent of Aararan form MC No, 07-1, 19 uly 2011; Deparment ‘of Social Welfare and Devlopmert MC No. G2i-12, 16 October 2012; and Secton 4, investment ‘Company Act (RA No. 2629), When the ermaton requestod sol @ mater of pubic cancer of Interest as decided in ado v-udge Amar A. Reyes, GR: No, 163185, 2" July 2008, Remarov. Guerzon, GR, No, 211816, 8 Merch 2015. Ganon 21 ofthe Code of Profession Responalty.