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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?.

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The Proposed Freedom of Information Act of 2012

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  1. 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

  2. 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

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

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

  5. 2011 OGP Timeline of Internal and Stakeholder Consultative Meetings Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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

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

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

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

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

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

  12. Study Group Timeline Note: Dates resulting in draft changes are in BOLD Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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

  14. 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 approveor rejectan FOI request. (Section 16) Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

  15. This is what happens when an FOI request is made: • Rejection by FOI committee may be appealed to head of agency. (Section 19) Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

  16. 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 6 Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

  17. Presidential Exceptions: Defense, National Security, and Diplomacy • Information declared Secret according to the provisions of an Executive Order: Section 6 (a) • Concerns national securityor internal and external defenseof the State and may damage the state if revealed; Section 6 (a.1) Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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

  19. 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

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

  21. Heads of Office Exceptions: Defense, Law Enforcement, Security of Agents and 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) Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

  22. Heads of Office Exceptions: Defense, Law Enforcement, Security of Agents and Methods (iii) deprive a person of a right to a fair trial or an impartial adjudication, or Section 6 (c) Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

  23. Heads of Office Exceptions: Defense, Law Enforcement, Security of Agents and 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) Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

  24. Heads of Office Exceptions: Defense, Law Enforcement, Security of Agents and Methods • 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) Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

  25. Heads of Office Exceptions: Defense, Law Enforcement, Security of Agents and Methods • endanger the life or physical safety of any individual. Section 6 (c) Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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

  27. Legislative Exception: • The information requested is obtained by any committee of either House of Congress in executive session. Section 6 (e) 11 Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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

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

  30. 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) 14 Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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

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

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

  34. Advantages of the Proposed FOI Bill 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.” Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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

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

  37. Advantages of the Proposed FOI Bill • 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 Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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

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

  40. Where you can find the draft substitute bill: Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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

  42. Thank you.http://www.gov.phhttp://www.pcdspo.gov.ph Rm. 301 New Executive Bldg. J.P. Laurel Street, Malacañan Palace, Manila Tel: (632)733-3605 / (632)736-0719 Fax No.(632)735-6167

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