In recognition of the people’s constitutional right to information,  in response to the clamor for transparency in government, and in compliance with the Duterte administration’s policy of full disclosure of its transactions involving public interest under Executive Order (EO) No. 2, Series of 2016, the Department of Social Welfare and Development (DSWD) has released its Freedom of Information (FOI) Agency Manual which details the process the Department must follow  when addressing requests for information.

The creation of the manual is also in compliance with the Duterte government’s policy of full disclosure of its transactions involving public interest under Executive Order (EO) No. 2, Series of 2016.

In DSWD Memorandum Circular No. 09, Series of 2017, Secretary Judy M. Taguiwalo promulgated the adoption of the 27-page manual pursuant to EO 2 No. 2, Series of 2016, entitled Operationalizing in the Executive Branch the People’s Constitutional Right to Information and the State Policies to Full Public Disclosure and Transparency in the Public Service and Providing Guidelines Therefor.

Sec. Taguiwalo emphasized that the DSWD, just like other government agencies, has a duty to regularly publish, print, and disseminate timely, true, accurate, and updated information to the public at no cost and in an accessible form.

“This information includes a description of our mandate, structure, powers, functions, and duties; criteria and parameters of our decision-making processes; description of the frontline services that we provide; and important rules and regulations, among others,” Sec. Taguiwalo said.

“The DSWD will endeavor to translate key information of the Department into major Filipino languages and present them in a popular form so our fellow citizens in different parts of the country will understand them,” she added.

“Through the release of this manual, the DSWD upholds the right of the people to access information on transactions and operations of the agency, promoting an open, transparent, and accountable government,” Sec. Taguiwalo said.

The FOI manual sets out all the rules and procedures that the DSWD will follow upon receipt of a request for access of information. It states in detail the process of filing and processing of an FOI request, the response time, initial evaluation, and the approval or denial of the request.

Under the manual, all FOI requests to the Department will be received by the FOI Receiving Officer (FRO) who will monitor all requests and appeals, conduct an initial evaluation of the request, and forward it to the FOI Decision Maker (FDM).

FOI requests must be in writing and duly signed. They must state the name and contact information of the requesting party as well as provide valid proof of identification or authorization. Requests must also reasonably describe the information requested and the reason for, or purpose of, the requested information.

The FRO will deny a request if the form is incomplete or if the requested information is already disclosed on the DSWD Official Website – dswd.gov.ph; on foi.gov.ph, which serves as the government’s comprehensive website for all information on FOI; and on data.gov.ph, an open-data website which serves as the government’s comprehensive portal for all public government data that is searchable, understandable, and accessible.

The FDM, on the other hand, will evaluate the requests and decide whether to grant or deny them. The FDM shall deny the request if the DSWD does not have the information requested, the information contains sensitive personal information protected by the Data Privacy Act of 2012, the information falls under the list of exceptions to FOI, or the request is an unreasonable subsequent identical or substantially similar from the same requesting party whose request has already been previously granted or denied by the Department.

Within 15 days from the receipt of the FOI request, the DSWD will respond with either a full grant, a full denial, or a partial grant/partial denial.

To ensure that the Department’s FOI Manual will also help ease public access to information, all DSWD offices, bureaus, services (OBSUs), and field offices may immediately provide information when the request is addressed to them — provided that they are certain the request is not confidential or privileged. On this matter,  OBSUs/FOs cannot deny a request as they will immediately forward to the FRO — then to the Decision Maker — any request they are unable to honor or are uncertain of providing.

All requests coursed through the OBSUs shall be reported and documented by the FOI’s Receiving Officer.

A partial grant/partial denial of the request happens when a government agency is able to disclose some information requested, but must deny other information, such as when it falls under the list of exceptions to FOI.

In case/s of a denial of request, the manual also has in place a mechanisms for the requestor/s appeal on the decision. This shall be handled by the Central Appeals and Review Committee.

Request for information is free of charge, but the Department may require the requesting party to replace the paper used in excess of ten (10) pages, or to provide the media to be used for copying digital files.

Failure to comply with the provisions of the manual shall constitute the appropriate administrative offense under the Revised Rules on Administrative Cases in the Civil Service, and shall be dealt with accordingly.

The DSWD FOI manual can be accessed through the Department’s official website. It also plans to upload its manual and information into the eFOI portal this year.  #