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. 3

Select target paragraph3