RECENTLY, Malacañang has enumerated the exemptions in the recently signed Executive Order (EO) No. 2 or the Freedom of Information (FOI). They number to 166 and are up for review by the Office of the Deputy Executive Secretary for Legal Affairs (ODESLA).
It can be recalled that last July 23, President Rodrigo Duterte signed the said Executive Order, two days before his first State of the Nation Address (SONA) during the joint session of the lower and the upper house of Congress at the House of Representatives in Quezon City.
It can be recalled further that the controversial FOI has been pushed 29 years ago when then Camarines Sur congressman Raul Roco, who later became a Senator of the Republic, submitted the first resolution on FOI to congress.
With barely 25 days in office of Duterte, he signed the said EO on FOI, making it one of his landmark executive order while still fresh in his presidency. This marks his advocacy in providing transparency of the government to the people.
For a clearer view on the EO, it states that all government offices under the executive branch are encouraged to observe and be guided by the order to enable every Filipino access to information, official records, and other public documents.
It shall cover all government offices under the Executive Branch, including but not limited to the national government and all its offices, departments, bureaus, offices including government-owned or -controlled corporations, state universities and colleges.
Meanwhile, local government units are likewise encouraged to observe and be guided by the said EO as it is provided.
The said EO guarantees that 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 public development.
On the exemptions, the Department of Justice and the Office of the Solicitor General has listed some that include information that: directly relates to national security and internal or external defense of the state; those pertains to foreign affairs which could affect on-going bilateral or multilateral negotiations; those that are as classified law enforcement matters and are investigations or proceedings conducted by public authorities.
Also included among the exemptions among others are those that would put the life and safety of an individual in imminent danger; medical records of Filipinos; those that are related to the secrecy of bank deposits including those of foreign currency; and the information considered as privileged communications in legal proceedings by law or by the rules of court.
For some, the exemptions are curtailment of Filipinos right to information pertaining to government transactions and information. However, we cannot avoid having these if they may simply result into the sacrifice of government operations or the life or safety of an individual.
The government has given its hand to the public in terms of information; it cannot however give its whole arm if it is prejudicial to the national interest or to some individuals or offices.
The public has to understand in this case that for every rule, there is or there are certain exemption/s that we have to consider and reconsider in the name of some things far more worthy if not disclosed.
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