FOI exceptions include congressional spending, court proceedings

MANILA,  Philippines -- The draft implementing rules of the executive order on Freedom of Information contain restrictions on the release of information about the use of congressional funds and on court proceedings.

 

The two items are among the 166 exceptions listed in the draft rules of the order, which only covers the executive branch. It remains unclear why the two exceptions, which are related to the judicial and the legislative branches, were included in the draft rules.

 

President Rodrigo Duterte signed the order last month to promote transparency and accountability and to encourage public participation in governance. He said in his State of the Nation Address that he has done his part and challenged the legislature -- which has tried and failed to pass an FOI law in previous Congresses -- to follow suit.

 

READ: Duterte's EO may pave way for FOI law, senators say

 

Exception No. 158 states that government officials “cannot be compelled to prepare lists and detailed reports on how congressional funds were disbursed.”

 

Exception No. 25, meanwhile, states that “court records, including pleadings and other documents filed by litigants are confidential.” Court records can be accessed from the clerk of court subject to certain regulations.

 

Presidential Spokesperson Ernesto Abella said the 166 exceptions are “standard” and “self-explanatory.”

 

He said Tuesday that “there are certain items there that are not, you know, cannot be revealed because of confidentiality.”

 

Asked whether the exceptions go against the essence of FOI, which was supposed to be a transparency measure, Abella replied the details are still being worked out.

 

“I’m not sure if it (list of exceptions) will be trimmed down but it will be further clarified,” he added.

 

Exception No. 152 deals with the non-disclosure of Statements of Assets, Liabilities and Net Worth, or SALNs, for “any purpose contrary to morals or public policy” or “any commercial purpose other than by news and communications media for dissemination to the general public.”

 

Public officials and government employees are required by law to declare their assets through the SALNs.

 

The exception is based on a provision of the Code of Conduct and Ethical Standards for Public Officials and Employees.

 

All government workers, except those who serve in an honorary capacity, laborers and casual or temporary workers, are required to file their SALN every year. Failure to submit the document could warrant a suspension or dismissal from the service.

 

In an earlier interview, Presidential Communications Secretary Martin Andanar assured the public that the spirit of the EO on FOI would remain despite the proposed exceptions. 

 

“While it provides for exceptions, these would still pass through the DOJ (Department of Justice) and the deputy executive secretary for legislative affairs,” he told reporters Monday.  

 

Andanar said the draft implementing rules is being studied thoroughly so the final output would be acceptable to everyone. 

He said the implementing rules of the EO on FOI may be completed by November.