Republic of the Philippines
Department of Health
OFFICE OF THE SECRETARY
December 16, 2020
MEMORANDUM CIRCULAR
No. 2020-__())S9
TO:
-
ALL UNDERSECRETARIES, ASSISTANT SECRETARIES,
DIRECTORS OF BUREAUS, REGIONAL OFFICES AND
SERVICES: EXECUTIVE DIRECTORS OF SPECIALTY
HOSPITALS, AND NATIONAL NUTRITION COUNCIL: CHIEFS
OF MEDICAL CENTERS, HOSPITALS, SANITARIA AND
INSTITUTES; PRESIDENT OF THE PHILIPPINE HEALTH
INSURANCE CORPORATION; DIRECTORS OF PHILIPPINE
NATIONAL AIDS COUNCIL AND TREATMENT AND
REHABILITATION CENTERS AND OTHERS CONCERNED
SUBJECT: Freedom of Information Memorandum Circular No. 5 s. 2020 entitled
“Guidelines on Vexatious Freedom of Information Requests and
Abuse of Rights Thereunder”
Please see the attached copy of Freedom of Information Memorandum Circular No. 5 2020
s.
entitled “Guidelines on Vexatious Freedom of Information Requests and Abuse
of Rights
Thereunder”, for your information and guidance.
Dissemination of the information to all concerned is requested.
By Authority of the Secretary off Health:
LILIBETH C. DAVID, MD, MPH, MPM, CESO I
Undersecretary of Health
Health Facilities and Infrastructure Development Team
Building # 1, San Lazaro Compound, Rizal Avenue, Sta. Cruz, 1003 Manila * Trunkline: 651-7800 local
Directline: 7119502; Telefax: (632) 7431829; 7431786 » URL:
1113,1108, 1125
http://www.doh.gov.ph ; E-mail: ftduque@doh.gov.ph
REPUBLIC OF THE PHILIPPINES
PRESIDENTIAL COMMUNICATIONS OPERATIONS OFFICE
|
Tanggapang Pampanguluhan sa Operasyong Pongkomunikasyon
|
Malacafang, Manila
FOI - MC No. 5, s. 2020
F REEDO Wi
FOR
SUBJECT
WHEREAS, the State, by virtue of Section 7, Article III of the 1 987
Constitution, recognizes the right of the people to information on matters of
public concern. Hence, access to official 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, shall be
afforded the citizens, subject to such limitations as
may be provided by law;
WHEREAS, President Rodrigo R. Duterte, on 23 July 2016, issued Executive
Order (EO) No.
2, s. 2016 to operationalize the Constitutional mandate of the
people’s right to information;
WHEREAS, the Presidential Communications Operations Office (PCOO), by
virtue of Memorandum Order (MO) No. 10, s. 2016, was
designated as the
lead agency in the implementation of EO No. 2, 8. 2016, or the FOI and
electronic FOI Programs;
—
WHEREAS, there
and abuse
has been a growing number of reports regarding vexatious
in invoking rights under EQ No. 2, 8. 2016, or the FOI
and electronic FOI Programs, which vexatious requests and abuse
disenfranchise citizens with legitimate
requests as well as add unnecessary
burden to theaffected government agencies’ operations;
Mew Executive Building Jose P. Laurel Sy, «Son Miguel, Monta, Philippines
WHEREAS, the PCOO must ensure that the freedom of information is both
an enforceable right for citizens with legitimate and reasonable requests, as
well as a protected right free from vexatious requests and abuse:
WHEREAS, in order to address the foregoing concerns, the PCOO has deemed
it necessary to promulgate guidelines therefor;
NOW, THEREFORE, in consideration of the foregoing, strict adherence to the
following is hereby ordered:
Section 1. Coverage. These guidelines shall cover all agencies under the
Executive Branch, government-owned or controlled corporations, and state
universities and colleges. Local Government Units (LGUs) are encouraged to
observe and be guided by this Order.
Section 2. Vexatious FOI Request. A request is considered vexatious if it is
frivolous, malicious, made in bad faith, intends to harass, vilify or embarrass,
or if it poses an actual or imminent danger to the office, its officials or
employees.
Section 3. Determination of a Vexatious Request. The concerned
government agency shall consider all relevant circumstances in determining
whether or not a request is vexatious. The following may be taken into
consideration in evaluating requests:
a) language of the request;
b) burden onthe concerned government agency;
Cc)
purpose, motive, or intention for making the request;
d) value of the requested information; or
e) history and context of the request.
Section 4. Presumptions. A Request is presumed to be vexatious if it involves:
a) Frequent or overlapping requests — occurs when a requesting party
submits a correspondence involving the same issue frequently, or
submits the same request over a period of time before the office can
have the opportunity to address the earlier request. However, there is
no frequent or overlapping request when the information that was
previously released has been updated or has already changed.
The government office shall not be required to act
upon an
unreasonable subsequent identical or substantially similar request
from the same requesting party whose request has already been
previously granted or denied bythe same government office!;
b) Personal grudges — occurs when the requesting party submits a
correspondence on a particular government official or employee against
whom he/she has some personal enmity; or the said request is made
to express hatred to a particular official or employee;
c) Unfounded accusations occurs when the request makes completely
—
unsubstantiated accusations against the public authority or specific
employees;
d) Unreasonably complex request — Complex information means requests
involving more than one subject matter which can only be processed
within thirty-five (35) working days or more. In requests for complex
information, a valid reason/valid explanation should always be provided
by the requesting party;
¢) Reprocessed data —means requests for information that will require the
agency to re-process the data. Re-processed data means that the data
was already proactively disclosed or the data was requested and was
previously disclosed.
Premature requests or requests that are yet to be processed by the
agency — means information which will soon be published, or the
disclosure of which would be premature in relation to a planned
announcement or publication; or
f) All other requests that are meant to harass, embarrass or put into
actual or imminent danger the life or property of the agency, its officials
or employees.
Section 5. Effects. Government agencies are not precluded from seeking
clarification from the requesting party/ies. In case of doubt as to the nature
of the request, the concerned government agency may grant the requesting
party the opportunity to clarify and/or modify the request; the government
agency shall not immediately deny the same, but shall instead extend advice
or assistance so that a valid request may be filed.
Despite clarification and extension of reasonable assistance to the requesting
party the request still falls under Section 4, the proper authority may deny
! Section 11 of Executive Order (EO) No. 2, s. 2016
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the request, clearly setting forth the ground/s for denial and the
circumstance /s on which the denial is based.
Section 6. Appeal. Denial of request on theground that the same is vexatious
may be appealed in accordance with the appeals process provided under EO
No. 02, S. 2016 and FOI Memorandum Circular No. 001, S. 2019.
Section 7. Separability Clause. If, for any reason, any part or provision of
this Memorandum Circular is declared invalid or unconstitutional, any part
or provision not affected thereby shall remain in full force and effect.
Section 8. Effectivity. This Memorandum Circular shall take effect
immediately.
Manila, Philippines
