The Proposed Freedom of Information Act of 2012

The Proposed Freedom of Information Act of 2012

Office of the President of the Philippines Study Group

Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

Why? “The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.“

—The Constitution, Article 3, Section 7(Section 2)Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

2011 OGP Timeline of Internal and Stakeholder Consultative Meetings


General Note: in between these milestones, much technical work was conducted by the Secretariat of the Good Governance and Anti-Corruption Cluster, with the contribution of the Departments and Agencies.

Date Update13 May 2011 President Aquino issues Executive Order No. 43 22 June 2011 Good Governance and Anti-Corruption Cluster Meeting. 7 July & 17 August 2011 Cluster Technical Working Group Meetings 18 August 2011 Consultation with Business Association Leaders 19 August 2011 Consultation with Civil Society Networks 26 August 2011 Joint Consultation with Business Associations and Civil

SocietyIn between Correspondence with Departments for contributions to the CAP

10 September 2011 Selection of OGP Steering Committee representatives

2011 OGP Timeline of Internal and Stakeholder Consultative Meetings


Date Update20 September 2011 Open Government Partnership Launch (The draft CAP

for 2012 was uploaded on the OGP Website and the Philippine official website (gov.ph))

In between Correspondence with Departments for contributions to the CAP

27 October 2011 Cluster Technical Working Group MeetingIn between Correspondence with Departments for contributions to

the CAP22 November 2011 Meeting of the Philippine Development Forum

Working Group on Governance and Anti-Corruption 24 November 2011 Consultation with Business Association Leaders25 November 2011 Consultation with Civil Society Networks29 November 2011 Cluster Technical Working Group MeetingDecember 2011 Finalization of Philippine Country Action Plan

Study Group Timeline


Date UpdateFeb 2, 2011 Meeting with Right to Know, Right Now! Coalition on the

Freedom of Information (FOI) with Sec. Carandang and Usec. Quezon

Feb 11, 2011 President gave directive to Presidential Communications Development and Strategic Planning Office (PCDSPO) to take lead in coming up with an administration FOI bill

Feb 15, 2011 1pm: PCDSPO FOI TWG first meeting3pm: FOI coordination meeting with the Office of the Presidential Spokesperson (OPS), Presidential Management Staff (PMS), National Intelligence Coordinating Agency (NICA), National Security Council (NSC), Chief Presidential Legal Counsel (CPLC), and Dept. of Justice (DOJ), with the Presidential Communications Development and Strategic Planning Office (PCDSPO) as lead.



Date UpdateFeb 25, 2011 Meeting with Sec. Butch Abad re FOI

Mar 4, 2011 PCDSPO FOI TWG meet with Rep. Tañada

March 13, 2011 Draft by PCDSPO

Mar 18, 2011 Meeting on FOI with Sec. Carandang, Usecs., Quezon and Valte, Atty. Chui from Department of Budget and Managment

Mar 9 and 10, 2011 PCDSPO TWG discussed FOI first draft

Mar 14, 2011 PCDSPO TWG meeting

Mar 18, 2011 TWG meeting with representatives from PCDSPO, DOJ, DBM, CPLC, NSC



Date UpdateMar 30, 2011 Draft to be approved by Sec. Carandang

Apr 8, 2011 Presentation of draft to Sec. Butch Abad

Apr 25, 2011 FOI meeting

Apr 26, 2011 PCIJ interview on FOI

May 4, 2011 Meeting between Rep. Tañada, Sec. Carandang, Sec. Lacierda, Usec. Valte, Usec. Quezon

May 11, 2011 Meeting between Sec. Abad, Sec. Carandang, Usec. Quezon, Usec. Valte, Rep. Tañada, and Atty. Malaluan

May 16, 2011 Draft c/o Usec. Valte



Date UpdateMay 30, 2011 Outline provided by Sec. Abad

June 3, 2011 FOI table of changes

June 6, 2011 Usec. Quezon’s draft accd. to Sec. Abad’s outline

July 4, 2011 Draft with Rep. Tanada's comments

July 14, 2011 Draft edited by Usec. Quezon

July 15, 2011 Presentation of Usec. Quezon at the National Intelligence Committee mtg. (NICA compound, QC)

July 27, 2011 Presentation of Usec. Quezon at the Center for Media Freedom and Responsibility (CMFR) policy forum on FOI



Date UpdateJuly 28, 2011 Meeting of Usec. Quezon, Usec. Valte and Usec. Batino of

Dept. of National Defense (DND)

July – Aug 2011 Subsequent consultations with Sec. Butch Abad and Rep. Tañada

Aug 10, 2011 FOI Edited Draft

Aug 11, 2011 Draft edited by Rep. Tañada

Aug 12, 2011 Usec. Quezon’s presentation of draft bill in Cabinet Meeting

Aug 18, 2011 Senate Committee on Public Information and Mass media joint public hearing with Committee on Civil Service and Government Reorganization regarding FOI attended by Sec. Carandang and Usec. Quezon



Date UpdateSept 29, 2011 Usec. Quezon’s Interview on FOI for GMA News’ 24 Oras

Oct 3, 2011 Usec. Quezon’s Interview for Talkback with Tina Palma

Oct 10, 2011 Usec. Quezon’s Interview on FOI for “Bawal ang Pasaway kay Mareng Winnie”

Oct 22, 2011 Usec. Quezon’s Meeting with Senator Cayetano

Dec 6, 2011 Usec. Quezon’s guesting at ANC’s The Right to Know (roundtable discussion)

Jan 3, 2012 FOI draft edited by Usec. Quezon and Sec. Abad

Jan 4, 2012 Meeting with the President, Usec. Quezon’s press briefingJan 5, 2012 FOI draft edited through removal of the Information

Commission by Usec. Quezon’s staff



Date Update

Jan 30, 2012 Meeting with Sec. Abad

Feb 1, 2012 Transmittal of FOI bill to Rep. Tañada

Feb 2, 2012 Transmittal of final version to the House of Representatives

Note: Dates resulting in draft changes are in BOLD

•The FOI law regulates the process by which Filipino Citizens can ask for information and how government handles these requests.

•It defines which information is exempted from release to the public, and states who determines documents are exempt (President, head of agencies).

•Establishes appeals mechanisms. (Section 4)



This is what happens when an FOI request is made:

•Citizens or groups file FOI request with agency concerned. Agencies have FOI committees which have 15 days to approve or reject an FOI request.

(Section 16)


This is what happens when an FOI request is made:

•Rejection by FOI committee may be appealed to head of agency.

(Section 19)


Grounds for Rejection of an FOI request

• Information is publicly accessible/available.

•Agency has already provided the information.

• Information would violate personal privacy.

• Information is exempted from disclosure.

Section 6 (a-j); Section 10 & 11

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Presidential Exceptions: Defense, National Security, and Diplomacy

• Information declared Secret according to the provisions of an Executive Order: Section 6 (a)

•Concerns national security or internal and external defense of the State and may damage the state if revealed; Section 6 (a.1)


Presidential Exceptions: Defense, National Security, and Diplomacy

•Concerns foreign affairs of the Philippines with one or more states and revelation may weaken negotiating position or damage relations;

Section 6 (a.2)


Presidential Exceptions: Deliberative Process Privilege

•The records of minutes and advice given and opinions expressed during decision-making or policy formulation as part of the Chief Executive’s deliberative process. Once policy has been formulated and decisions made, minutes and research data may be made available for disclosure unless they were made in executive session.

Section 6 (b)Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167


Heads of Office Exceptions: Defense, Law Enforcement, Security of Agents and

Methods• Information requested pertains to internal and/or external

defense, law enforcement, and border control, when the disclosure thereof would:

Section 6 (c)



Methods(i) unduly compromise or interfere with any legitimate military or law enforcement operation, or

(ii) unduly compromise or interfere with the prevention, detection or suppression of criminal activity, the effective implementation of immigration controls and border security, or

Section 6 (c)



Methods

(iii) deprive a person of a right to a fair trial or an impartial adjudication, or

Section 6 (c)



Methods(iv) lead to the disclosure of the identity of a confidential source, including a government, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a law enforcement authority in the course of an investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, or Section 6 (c)



Methods

1.disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or Section 6 (c)



Methods1.endanger the life or physical safety of any individual.

Section 6 (c)


Heads of Office, Bureaucratic Exceptions:

•The information requested consists of drafts of orders, resolutions, decisions, memoranda or audit reports by any executive, administrative, regulatory, constitutional, judicial or quasi-judicial body in the exercise of their regulatory, audit and adjudicatory function. Section 6 (d)

10


Legislative Exception:

•The information requested is obtained by any committee of either House of Congress in executive session.

Section 6 (e)

11


Privacy Exceptions

•The information requested pertains to the personal information of a natural person other than the requesting party, and its disclosure would constitute a clearly unwarranted invasion of his or her personal privacy, unless it forms part of a public record, or the person is or was an official of a government agency and the information relates to his or her public function or the person has consented to the disclosure of the information; Section 6 (f)

12


Economic Exceptions

•Pertains to trade secrets and commercial or financial information obtained from a natural or juridical person other than the requesting party, obtained in confidence or covered by privileged communication, and/or filed with a government agency, where revelation would seriously prejudice the interests of such natural or juridical person in trade, industrial, financial or commercial competition. Section 6 (g)

13


Judicial Exception

• Information is classified as privileged communications in legal proceedings by law or by the Rules of Court. Section 6 (h)

• Information requested is exempted by law or the Constitution. Section 6 (i)

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

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Advantages of the Proposed FOI Bill Provision on Mandatory Disclosure of Information (Section 7) requiring the following national officials to provide to the public their Statement of Assets, Liabilities, and Net worth (SALN) on an annual basis on their official website:

• the President,

• the Vice- President,

• the Members of the Cabinet,

• the Congress,

• the Supreme Court,

• the Constitutional Commissions and other constitutional offices,

•and officers of the armed forces with general or flag rank.


Advantages of the Proposed FOI Bill Expansion of access to other kinds of information/ government transactions, particularly public interest documents or records including (Section 7):

•Financial documents (Annual budgets, collections, disbursements, procurements plans, bidding documents)

•Construction or concession agreements or contracts entered into by a government agency with any domestic or foreign person or entity;

•Guarantees given by any government agency to government-owned or -controlled corporations and to private corporations, persons or entities;


Advantages of the Proposed FOI Bill

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

•Bilateral or multilateral agreements and treaties in trade, economic partnership, investments, cooperation and similar binding commitments;

•List of persons or entities who were granted licenses, permits or agreements for the extraction and/or utilization of natural resources given by any government agency.



We have facilitated easier and more efficient access of the public to information by providing in Section 21:

“For purposes of mandatory disclosure as provided in section 7 of this Act, online publication in the Official Gazette website shall be considered official publication provided there shall be a timestamp in the said document.”



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



We have endeavored and ensured that the exceptions to access to information (Sec. 6) are very clear and specific. Moreover, we have expressly stated that the exceptions are:

•strictly construed

•not used used to cover-up a crime, wrongdoing, graft or corruption



•Do not constitute authority to withhold information from Congress nor authority for the executive branch of a local government unit to withhold information from the legislative body of such local government unit

•The exceptions may likewise be waived by the President, the Supreme Court, the Senate, the House of Representatives, and the Constitutional Commissions with respect to information in the custody of offices under their respective supervision or control, when they deem that there is an overriding public interest in disclosure


Timeline from approval of bill

•President will issue Executive Order providing for the classification of documents, including those to be classified Secret. The Executive Order shall specify the reasonable period after which the information in classified documents shall be automatically declassified or subject to mandatory declassification review. Section 6 (a)


Timeline from approval of bill

•Government agencies have two (2) years to comply with website requirements. One additional year’s delay possible but must be justified.

(Section 7 [b & c])

Where you can find the draft substitute bill:


Thank you.http://www.gov.ph

http://www.pcdspo.gov.ph


http://www.gov.ph/

http://www.gov.ph/

The Proposed Freedom of Information Act of 2012

Documents

Transcript of The Proposed Freedom of Information Act of 2012