MALACAÑANG already has a draft of the exceptions to the freedom of information, with the list of privileged information running to a total of 166 kinds of documents and information that cannot be divulged to the public.
Communications Secretary Martin M. Andanar said the long list of 166 exceptions would still have to be reviewed by the Office of the Deputy Executive Secretary for Legal Affairs, although such review is not expected to result in the shortening of the list.
The list of exceptions was prepared by the Department of Justice (DOJ) and the Office of the Solicitor General (OSG) from pertinent laws, regulations and jurisprudence.
Earlier, President Duterte signed Executive Order (EO) 2 to enforce the constitutional right of the people to information regarding government affairs and instructed the DOJ and the OSG to prepare the list of privileged information that cannot be accessed by the public.
Without the final list of exceptions to EO 2, the agencies of the government may not yet entertain requests for specific information.
The approved list of exceptions is expected within the next two weeks.
Among the privileged communications included in the draft of the exceptions are pieces of information that relate to military defense and foreign affairs that may put the national security at risk or compromise the Philippines’s negotiating position; and information regarding military and police operations and immigration and border-security operations.
The exceptions include the well-entrenched coverage of the privileged communications, such as the executive privilege enjoyed by the president with respect to his communications with the members of the Cabinet, and the deliberative discussions in collegial courts, like the Supreme Court, in coming up with a decision.
Other well-known exceptions are also in the list, such as the protection of private records of government officials, the divulging of which could result in an invasion of their right to privacy.
However, the draft list of exceptions contained a provision that “government officials cannot be compelled to prepare lists and detailed reports on how congressional funds were disbursed,” which could be erroneously construed by the approving authority as precluding any inquiry into how funds allocated for Congress have been spent.
Statement of assets, liability and net worth of government officials will also be privileged, if the purpose for which access to these records is requested is contrary to morals or public policy, or if the request is intended for any commercial purpose other than for public dissemination by the press.
Under the process provided in EO 2, a requesting party should file with the custodian of the public record sought to be accessed a request, which such custodian should act upon within 15 days from receipt. A denial may be appealed to the next higher authority in the government agency concerned, within 15 days from the notice of denial or the lapse of the 15-day period without any action on the part of the requested party.
So-called fishing expeditions are not allowed, and requests for information should describe the particular document, information or transcript that is requested to be accessed.