Open Records Laws › Philippines

Philippines

Executive Order No. 2

Executive Order No. 2, s. 2016 (Operationalizing the People's Right to Information)

RTI Rating: 47 (source)

Response Timeline

Initial Response
15 days
Extension
20 days
Residency Required
Citizen

Working days (business days). Initial response within 15 working days of receipt. Extensions up to 20 working days allowed unless exceptional circumstances warrant longer period.

How to Submit a Request

Accepted Methods

  • {'notes': 'Written requests required per Section 9(a). Agencies must establish locations where public can submit requests per Section 8(a).', 'method': 'written'}

Requests must be in written format. Each government office is required to establish a receiving office or location where the public can obtain information or submit requests.

Required Elements

  • Requesting party's name and contact information
  • Valid proof of identification or authorization
  • Reasonable description of the information sought
  • Reason or purpose for the request

Fees

Requests are free to file. Government offices may charge reasonable fees to reimburse necessary costs, including actual costs of reproduction and copying of the information requested. Fees must not be so onerous as to defeat the purpose of the FOI order.

Fee Waivers

  • Users may request an exemption from reproduction/copying fees based on financial hardship (Regulation 5(2))

Exemptions

  • Constitutional exceptions
    Information that falls under exceptions enshrined in the Constitution
  • Statutory exceptions
    Information exempt under existing law or jurisprudence as identified in the inventory prepared by the Department of Justice and Office of the Solicitor General
  • Cover-up prohibition
    No exception may be used to deny a request if the denial is intended primarily to cover up a crime, wrongdoing, graft or corruption

The Philippines FOI order delegates exemption definition to executive action rather than specifying them statutorily, stating that access shall be denied when information falls under exceptions in the Constitution, existing law, or jurisprudence. The Department of Justice and Office of the Solicitor General maintain an inventory of exceptions. Critical weaknesses include the lack of a statutory harm test requirement, many overbroad or illegitimate exceptions, and limited public interest override provisions. The only override provision prohibits using exceptions to cover up crimes, wrongdoing, graft, or corruption.

Appeal Process

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The Philippines FOI appeal system is severely limited. There is only ONE level of internal appeal (to the supervising official within the same agency), with no independent oversight body to review denials. The RTI Rating scores this system 4/30 points for appeals due to the complete absence of an external administrative review mechanism. After the single internal appeal is exhausted, requesters must resort to judicial remedies (mandamus), which can be costly and time-consuming. The Presidential Communications Office (PCO) serves only as the lead implementing agency for monitoring and capacity building, with no appellate authority. A proposed FOI bill would create an independent information commission to handle appeals, but it remains pending in Congress as of 2026.

Request Templates

FOI Request Form

Records Retention

Retention Law
Republic Act No. 9470 — National Archives of the Philippines Act of 2007
Authority
National Archives of the Philippines (NAP)

Republic Act No. 9470, signed 21 May 2007

View retention law →

Sources & References