Operationalizing In The Executive Branch The People’s Constitutional Right To Information And The State Policies To Full Public Disclosure And Transparency In The Public Service And Providing Guidelines Therefor
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Operationalizing In The Executive Branch The People’s Constitutional Right To Information And The State Policies To Full Public Disclosure And Transparency In The Public Service And Providing Guidelines Therefor
Executive Order No. 2
July 23, 2016
Case Overview and Summary
Summary of Executive Order No. 2Operationalizing the Constitutional Right to Information
- Defines key terms: "information", "official records", "public records" (Section 1)
- Covers all government offices under the Executive Branch, including state universities and colleges (Section 2)
- Grants every Filipino access to information, official records, public records, documents, and research data used for policy development (Section 3)
- Access may be denied if information falls under exceptions listed in the Constitution, existing laws, or jurisprudence (Section 4)
- Requires the Department of Justice and Office of the Solicitor General to prepare and periodically update an inventory of exceptions (Section 4)
- Requires public officials to file and make available their Statements of Assets, Liabilities and Net Worth (SALN) (Section 5)
- Establishes a presumption in favor of access to information, unless it clearly falls under an exception (Section 6)
- Requires protection of personal information and individual privacy (Section 7)
- Directs each government office to prepare a People's Freedom of Information (FOI) Manual within 120 calendar days, containing procedures for requesting information (Section 8)
- Outlines the procedure for filing and processing requests for information, including response time of 15 working days, extendable up to 20 working days in exceptional cases (Section 9)
- Allows government offices to charge reasonable fees to reimburse costs of reproduction and copying (Section 10)
- Exempts government offices from acting on unreasonable subsequent identical or substantially similar requests (Section 11)
- Requires written notice of denial, stating grounds and circumstances, within 15 working days (Section 12)
- Provides for an appeals process, with a 15-working-day period to appeal denial, and a 30-working-day period for the higher authority to decide the appeal (Section 13)
- Requires government offices to create and maintain accurate and reasonably complete records (Section 14)
- Imposes administrative liability for failure to comply with the Order (Section 15)
- Directs all government offices to formulate implementing details within 120 days (Section 16)
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Operationalizing In The Executive Branch The People’s Constitutional Right To Information And The State Policies To Full Public Disclosure And Transparency In The Public Service And Providing Guidelines Therefor
Executive Order No. 2
•July 23, 2016
MALACAÑAN PALACEMANILA
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER No. 2
OPERATIONALIZING IN THE EXECUTIVE BRANCH THE PEOPLE’S CONSTITUTIONAL RIGHT TO INFORMATION AND THE STATE POLICIES TO FULL PUBLIC DISCLOSURE AND TRANSPARENCY IN THE PUBLIC SERVICE AND PROVIDING GUIDELINES THEREFOR
WHEREAS, pursuant to Article 28, Article II of the 1987 Constitution, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to reasonable conditions prescribed by law;
WHEREAS, Section 7, Article III of the Constitution guarantees the right of the people to information on matters of public concern;
WHEREAS, the incorporation of this right in the Constitution is a recognition of the fundamental role of free and open exchange of information in a democracy, meant to enhance transparency and accountability in government official acts, transactions, or decisions;
WHEREAS, the Executive Branch recognizes the urgent need to operationalize these Constitutional provisions;
WHEREAS, the President, under Section 17, Article VII of the Constitution, has control over all executive departments, bureaus and offices, and the duty to ensure...
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