Article 19, a civil society
organization, developed a set of principles to
help determine the effectiveness of any
particular FOI regime: (1) maximum
disclosure; (2) obligation to publish; (3)
promotion of open government; (4) limited
scope of exceptions; (5) processes to
facilitate access; (6) costs; (7) open meetings;
(8) precedence of disclosure; and (9)
protection for whistleblowers.
In the Philippines, both press freedom and
FOI have been pivotal in its people’s struggle
for independence and in removing corrupt
and/or oppressive presidents from power.¹³
However, it was only in 1987 that the
concept of FOI was firmly enshrined in its
Constitution, to wit:
“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.”¹⁴
There is also Article III, Section 7, which is
more explicit in taking up the subject, to wit:
“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.”
To further cement FOI in the country’s legal
system, several FOI bills have been filed in
Congress, albeit none of them has actually
been enacted into law.
The first one was considered the same year
the current Constitution became effective.¹⁵
During his presidential campaign, current
President Rodrigo Duterte swore to give life
to an FOI law. He seemed poised to deliver
on this promise when, less than a month after
stepping into office, he signed Executive
Order (E.O.) No. 2,¹⁶ which provides for an
FOI mechanism in the executive branch.
Many regarded the act as a milestone in the
decades-long campaign for the country’s
first-ever FOI law.
As of 28 June 2018, a total of 567 out of 941
government entities (i.e., national
government agencies, government-owned
and -controlled corporations, and state
universities and colleges) had submitted
their People’s FOI Manuals and
implementing details.¹⁷ At the same time,
274 government agencies are already
participating in the concurrent eFOI (i.e.,
electronic FOI) portal.¹⁸
¹³ Celdran, D. (2002). The Philippines: SMS and citizenship.
Development Dialogue, 1, 91-103.
www.right2info.org/resources/publications/ai-in-southeastasia-and-beyond
¹⁴ 1987 Philippine Constitution, Art. II, §28
¹⁵ cmfr-phil.org/freedom-of-information/
¹⁶ 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
¹⁷ Freedom of Information – Project Management Office of
the Presidential Communications Operations Office
(August, 2018) FOI MID-YEAR REPORT.
www.foi.gov.ph/resources
¹⁸ Ibid.
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