Legislative, judicial items part of FOI exceptions

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

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

The EO was signed by President Duterte last month to promote transparency and accountability and to encourage public participation in governance.

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

Exception No. 25 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 spokesman Ernesto Abella said the 166 exceptions are “standard” and “self-explanatory.”

“There are certain items there that are not, you know, can not be revealed because of confidentiality,” Abella said in a press briefing yesterday.

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 clarified,” he added.

Exception No. 152 deals with non-disclosure of statement of assets, liabilities and net worth (SALN) 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.”

The exception was based on a provision of the Code of Conduct and Ethical Standards for Public Officials and Employees, which declared such purposes as unlawful.

All government workers except those who serve in an honorary capacity, laborers and casual or temporary workers, are required to file their SALNs 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 essence of the EO on FOI would remain despite the proposed exceptions.

“While there are exceptions, these would still pass through the DOJ (Department of Justice) and the Deputy Executive Secretary for Legislative Affairs,” Andanar told reporters.

He said the draft implementing rules are being studied thoroughly so the final output would be acceptable to the public.

The implementing rules of the EO on FOI may be completed by November, Andanar said.