Freedom of Information Order (Philippines)

Philippine President Rodrigo Duterte signed Executive Order No. 2, also known as the Freedom of Information Order, on July 23, 2016 in Davao City. The executive order established the first freedom of information (FOI) law in the Philippines covering all government offices under the Executive Branch. Its purpose was to require all executive departments, agencies, bureaus, and offices to make public records, contracts, transactions and any information requested by a member of the public, except for matters affecting national security. The landmark order was signed two days before Duterte delivered his first State of the Nation Address and just three weeks after he assumed the presidency on June 30, 2016.

The Freedom of Information Order provides for full public disclosure of all government records involving public interest and upholds the constitutional right of people to information on matters of public concern.

The executive order states:

Every Filipino shall have access to information, official records, public 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.

The order defines "information" to include any

records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.

The law expansively defines "official records" as "information produced or received by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty", while "public records" refer to "information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office." It also emphasizes the obligation of all public officials to file and make available for scrutiny their Statement of Assets, Liabilities and Net worth in accordance with existing laws.

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