Presentation for Freedom of Information Ordinance Advocacy for Local Government Units

1. FREEDOM OF
INFORMATION (FOI)
Think National, Act Local

2. “Access to Information”
Is one of the key indicator of good governance. (PCOO- FOI –
PMO 2019 Midyear Compliance Report)

3. “Government documents holds the
truth. And the truth really sets us free.”
Martha Mendoza, Associated Press Writer
2000 Pulitzer Prize Winner

4. Background
• In 2016, President Rodrigo R. Duterte issued Executive Order No. 2 Series
of 2016 ordering the executive to operationalize the right of the people to
information.

5. NO FOI LAW
• Local government has autonomy, that is why the Executive Order is not
binding on LGUs. Hence, the need for LGUs to enact ordinance.

6. "It is by ensuring accountability in public service
through an informed citizenry that we can truly realtize
the constitutional tenet that indeed, 'sovereignity
resides in the perople and all government authority
emanates from them."
- Pres. Rodrigo R. Duterte
(2017)

7. Legal Basis: Freedom of Information
• Sec. 28 Art. II of the 1987 Constitution: “Subject to reasonable conditions prescribed by
law, the State adopts and implements a policy of full public disclosure of all its transactions
involving public interest.”
• Sec. 7 Art. III of the 1987 Constitution: “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.”
• For LGUs, DILG-PCOO Joint Memorabdum Circular No. 2018-01 October 9, 2018
• LGUs are highly encouraged to operationalize FOI at the local level

8. Background:Sablayan
• Highly compliant with Full Fiscal Disclosure Policy of the DILG
• Government-led development
• Competitive and Visionary LGU

9. Necessity of Law or Ordinance
• E.O. No. 2 s. 2016 is only for the Executive Branch and is only optional on
the part of agency not under the direct control of the Executive Branch,
including the LGU (general supervision only)
• The need to regulate the exercise of the right to information

10. Necessity of FOI Ordinance
• Atty. Tristan De Guzman of FOI-PMO:
• “You have Facebook, you have Wikipedia, you have other sources of information from
the internet. Why do you still need FOI? Well, government is a rich source of
information that you can use to improve your life.”
• “There is information about college scholarship, financial assistance from the
government, and infrastructure projects that have been reported by traditional media,
but can be readily available through [FOI]”

11. Other Laws Pertinent to FOI
• RA 6713 – Code Of Conduct and Ethical Standards for Public Officers and
Employees
• 15 days to respond to request
• FOI Ordinance “Localize” retrieval of date

12. Key Features of FOI
• The general rule: all information held by the government is open to the
public
• The policy is in favor of disclosure
• Burden to prove is on the government that information should not be
disclosed

13. Key Features of FOI
• Centralized through FOI Receiving Officer

14. Key Features of FOI
• Convenient
• May request manually (Form)
• May request online
• Link to eFOI (LGU: Pasig City)

15. • LGU will be listed in the FOI Philippines website

16. • Residents may:
• Make a request
• View and follow other requests
• Successful
• Pending
• Unsuccessful

17. • The request is tracked: 15 days
• Automatically flagged

18. Key Features of FOI
• “Disclose to One, Disclose to All”
• Once the information had been disclosed, it can be freely accessed by any other person.

19. Inventory of Exemptions
• Legal Officer may release an inventory of exemptions
• Data Privacy Act
• Reference: Inventory of Exceptions dated 24 November 2016 issued by the
Executive Secretary Salvador C. Medialdea (May be adopted by LGU)

21. General Exemptions
• Information covered by Executive
privilege
• Privileged information relating to
national security, defense, or
international relations
• Information concerning law
enforcement and protection of
public and personal safety
• Information deemed confidential
for the protection of privacy and
certain individuals such as minors,
victims of crimes, or the accused
• Prejudicial premature disclosure

22. General Exemptions
• Records of proceedings or information
from proceedings which, pursuant to law
or relevant rules and regulations, are
treated as confidential or privileged
• Matters considered confidential under
banking and finance laws and their
amendatory laws
• Other exceptions to the right to
information under laws, jurisprudence,
rules, and regulations
• Information, documents, or records
known by reason of official 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 their administrative, regulatory
or quasi-judicial powers;

23. Public Document
• Statement of Asset, Liabilities, and Networth (SALN)
• Personal Data Sheet (PDS)
• Curriculum Vitae

24. Personal Records: Exempt As A RULE
• Information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy, personal information or records,
including sensitive personal information, birth records, school records, or
medical or health records. (Ref: Data Privacy Act, Child and Youth Welfare
Code, & Education Act of 1982)

25. Sensitive Personal Information
• About an individual's race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;
• About an individual's health, education, genetic or sexual life of a person, or to any
proceeding for any offense committed or alleged to have been committed by such
person, the disposal of such proceedings, or the sentence of any court in such
proceedings
• Issued by government 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 returns
• Classified by an executive order or an act of Congress

26. Disclosure of Personal Records
• Personal information may be disclosed if requested information is shown to
be a matter of public concen or interest AND shall not meddle with or
disturb the private life or family relations of the individual and is not
prohibited by any law or regulation
• Disclosure: Principles of Transparency, Legitimate Purpose, and
Proportionality

27. Government Officer & Employee
• Personal information of individual who is an officer or employee of a
government information relating to the job
• FACT OF GOVERNMENT EMPLOYMENT
• CLASSIFCATION, SALARY GRADE, RESPONSIBILITIES
• TITLE, BUSINESS ADDRESS, OFFICE TEL. NUMBER
• NAME OF INDIVIDUAL ON DOCUMENT PREPARED IN COURSE OF
EMPLOYMENT IN GOVERNMENT

28. SALN
• May be requested physically from the Office of the Ombudsman (w/in 60
minutes)
• FOI only “localize” the request

29. Public Employees and Officers
• Less expectations of privacy, than private persons or entity
• Public Office is a Public Trust

30. Advantage of FOI
• Local government data as a “platform for business”
• Data has strategic and economic value

31. Advantage of FOI
• Business friendly image
• Due diligence is easier
• Smarter and Faster Decision-Making
• “Unknown” to “Knowable”

32. Other LGUs with FOI Ordinance
• Province of Benguet
• Province of Ilocos Norte
• Province of Surigao Del Norte
• Province of Bohol
• Municipality of Pakil, Laguna
• Province of Masbate
• Municipality of San Nicolas, Ilocos
Norte
• City of Pasig, Metro Manila
• City of Laoag, Ilocos Norte
• City of Legazpi, Albay
• City of Tuguegarao, Cagaya
• Municipalityy of Infanta, Quezo
• Municipality of Torrijos,
Marinduque; and
• City of Antipolo, Rizal

33. FOI Testimonial
2019 Mid-Year Compliance Report by the Presidential Communications
Operations Office (PCOO) - FOI Project Management Office (FOI- PMO)

34. TRENDS IN FREEDOM OF
INFORMATION (FOI)

35. PASIG CITY SIGNS LIBRARY PROJECT
PARTNERSHIP WITH FREEDOM OF
INFORMATION PHILIPPINES
Pasig City is the first local government to partner with FOI
Philippines for the FOI Library Project. All other public libraries
from other locations are encouraged to join the Project.

36. Freedom of information in Baguio City to be
operationalized (July 2019)

37. South Cotabato: Access to
Information & Inclusivity
• Vice Governor Vicente de Jesus: The FOI
ordinance gives the public a chance for easy
access to government information. “Wee
will have an ordinance institutionalizing FOI
because this is a basis of public trust.”
• Inclusivity in Access to Government
Information = Inclusive Growth
• Informed Citizens = Better Online and
Offline Feedback

38. SABLAYAN FREEDOM
OF INFORMATION
(FOI) ORDINANCE
APPROVED FOR
SECOND READING
Sablayan Sangguniang Bayan Committee Hearing on the
Freedom of Information (FOI) Ordinance for Sablayan
LGU filed by Sablayan Councilor Hon. Ruzhel Jaebee A.
Dawates, with Atty. Lawrence P. Villamar, Atty. Ryan D.
Agoot of the Public Attorney's Office (PAO), Atty. Augusto
Abeleda, Legal Officer of the Provincial Government of
Occ. Mindoro, Sablayan Vice Mayor Hon. Walter B.
Marquez and Sablayan Councilors Hon. Roberto Sy-Lim
and Hon Aflredo Ventura, Jr. #

39. FIRST IN OKSI: SABLAYAN FOI
ORDINANCE PASSES SECOND
READING (Sept 2019)
• Legislative Department – No fees, No exemption

40. Thank you!
• ABOUT THE AUTHOR: ATTY. LAWRENCE P. VILLAMAR IS A
PRIVATE LAW PRACTITIONER IN SAN JOSE, OCCIDENTAL
MINDORO. HE IS A GRADUATE OF BACHELOR IN PUBLIC
ADMINISTRATION AND GOVERNANCE PROGRAM AT THE
POLYTECHNIC UNIVERSITY OF THE PHILIPPINES (PUP) – MAIN
CAMPUS AND TEACHES AT THE PUP OPEN UNIVERSITY
SYSTEM (OUS) IN SABLAYAN, PROVINCE OF OCCIDENTAL
MINDORO.