You file a written request with the government office that actually holds the record, giving your name and contact details, valid proof of identity, a reasonable description of what you want, and your reason for asking. The office must decide within fifteen working days of receiving a compliant request. It may extend that period, but the extension cannot go beyond twenty working days unless exceptional circumstances warrant more. If it denies your request it must say so in writing within the same fifteen working days and state its grounds — and if it simply says nothing, the law treats that silence as a denial. You then have fifteen working days to appeal to the next higher officer, who has thirty working days to decide.
The right to information is in the Constitution, but for three decades there was no general law telling agencies how to honour it. What fills that gap today is an executive order — Executive Order No. 2, series of 2016 — and understanding exactly what an executive order can and cannot reach is the single most useful thing to know before you file.
Which Offices Are Actually Covered
Executive Order No. 2 covers government offices under the Executive Branch. That includes the national government and all its departments, bureaus, offices and instrumentalities, government-owned or controlled corporations, and state universities and colleges.
Two consequences follow, and both surprise people:
- Local government units are not bound by it. The order expressly says LGUs are encouraged to observe and be guided by it. Many cities and provinces have since adopted their own local ordinances or manuals, so a request to a city hall is still worth making — but it rests on that local issuance, not on this order.
- Congress and the Judiciary are outside it entirely. An executive order binds the executive branch; the President cannot direct a co-equal branch this way. Requests to those branches follow their own internal rules.
The Presumption Runs in Your Favour
This is the provision most requesters never invoke and should. The order creates a legal presumption in favour of access. No request may be denied unless it clearly falls under one of the exceptions in the inventory circularised by the Office of the President.
The exceptions themselves are not invented by the order. Access is denied only where the information falls under an exception found in the Constitution, in existing law, or in jurisprudence. The Department of Justice and the Office of the Solicitor General were directed to compile these into an inventory, which is updated as the law changes.
The order also puts the burden on a named human being. Deciding whether an exception applies is the responsibility of the head of the office holding the record, or an officer he designates in writing. That officer must exercise reasonable diligence to ensure no exception is used to cover up a crime, wrongdoing, graft or corruption. If you are told “that is confidential” with no citation, you are entitled to ask which exception, under which law.
What Your Request Must Contain
Under the order’s procedure, a written request must state:
- your name and contact information;
- valid proof of your identification or authorisation;
- a reasonable description of the information you want; and
- the reason for, or purpose of, the request.
Being asked your purpose sits awkwardly with a right that in principle belongs to everyone. The order softens it: no request may be denied or refused acceptance because of the stated reason, unless that reason is contrary to law or rules, or the request falls under a listed exception. The receiving officer is also required to give you reasonable assistance, free of charge, in complying with these requirements — with particular attention to requesters with special needs.
Insist that your request be stamped. The order requires the office to mark the date and time of receipt together with the name, rank, title, position and signature of the receiving officer, and to give you a copy. That stamped copy is what starts your clock and what you will need if you appeal.
The Deadlines
Every period below is counted in working days, not calendar days.
- Fifteen working days from receipt of a fully compliant request, for the office to respond. “Respond” here means decide to grant or deny — not merely acknowledge.
- An extension is allowed where the request needs an extensive search of records, examination of voluminous records, or where fortuitous or analogous events intervene. The office must notify you and give its reasons. The extension cannot go beyond twenty working days unless exceptional circumstances warrant a longer period.
- A denial must be given to you in writing, as soon as practicable and in any case within fifteen working days of receipt, clearly setting out the ground and the circumstances it rests on.
Then comes the provision that matters most in practice. Failure to notify you of the action taken within the stated period is deemed a denial. An agency cannot run out your patience by staying silent; silence is a denial you can appeal from, and the clock for appealing starts running from the lapse of the period.
Fees
An office may not charge you anything for accepting a request. It may charge a reasonable fee to reimburse necessary costs — principally the actual cost of reproduction and copying — subject to existing rules. The order adds a limit worth quoting back when a quotation looks punitive: in no case shall the fees be so onerous as to defeat the purpose of the order.
If You Are Denied
The remedy is an administrative appeal first, then the courts.
- Appeal to the person or office next higher in authority. The written appeal must be filed by the same person who made the request, within fifteen working days from the notice of denial or from the lapse of the period to respond.
- That officer has thirty working days from the filing of the appeal to decide. Failure to decide within that period is itself deemed a denial of the appeal.
- Upon exhaustion of the administrative remedies, you may file the appropriate case in the proper courts under the Rules of Court.
Skipping the administrative appeal is the common and fatal error. Going straight to court without exhausting it invites dismissal on that ground alone.
Two Provisions Worth Knowing About
Every agency has its own manual. Each office was directed to prepare a People’s FOI Manual setting out where to file, who receives requests, the standard forms, the process for disposing of requests, the procedure for administrative appeal, and the schedule of fees. Reading the manual of the specific agency before you file will usually tell you exactly which office and which officer to address.
Repeat requests can be refused. An office is not required to act on an unreasonable subsequent identical or substantially similar request from the same requester. Filing the same request again is therefore not a strategy; appealing is.
Separately, the order reminds all public officials of their obligation to file and make available for scrutiny their Statements of Assets, Liabilities and Net Worth, subject to the same access and exception provisions.
When Officials Do Not Comply
Failure to comply with the order may be a ground for administrative and disciplinary sanctions against the erring public officer or employee under existing laws and regulations. Where a request is being frustrated rather than lawfully denied, that is the pressure point — and it is a separate track from the appeal itself.
Practical Takeaways
- Check first whether the office is in the Executive Branch. If it is an LGU, look for the local ordinance or manual instead.
- Read the agency’s own People’s FOI Manual before drafting.
- Describe the record you want as specifically as you can; a vague request invites an extension you cannot contest.
- Get your request stamped and keep the copy.
- Diarise fifteen working days. If nothing arrives, treat it as a denial and appeal within fifteen working days.
- Ask for the specific exception relied on. A denial that cites none is not a compliant denial.
This article is general legal information, not legal advice on any particular request. Where the information you need is tied to pending litigation, an investigation, or a regulatory matter, the exceptions and their interaction with other laws — including the Data Privacy Act — are worth discussing with counsel before you file.
Frequently Asked Questions
How long does a government office have to answer an FOI request? Fifteen working days from its receipt of a fully compliant request. The office may extend that period where the request requires an extensive search or examination of voluminous records, but it must notify you with reasons, and the extension cannot go beyond twenty working days unless exceptional circumstances warrant a longer period.
What happens if the agency simply ignores my request? Silence is treated as a denial. Failure to notify you of the action taken within the prescribed period is deemed a denial, which means you can proceed to appeal. Your fifteen working days to appeal run from the lapse of the period to respond.
Can I file an FOI request with a city or municipal government? The executive order covers offices under the Executive Branch. Local government units are only encouraged to observe it, not bound by it. Many LGUs have adopted their own ordinances or manuals, so a request is still worth making, but it rests on that local issuance rather than on the executive order.
Do I have to pay to file a request? No. Government offices may not charge any fee for accepting a request. They may charge a reasonable fee to reimburse necessary costs such as the actual cost of reproduction and copying, and in no case may the fees be so onerous as to defeat the purpose of the order.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.