Executive Order (EO) No. 2, series of 2016, enables the freedom of information system, which gives Filipino citizens the right to request any information regarding government operations, transactions, official/public records, and documents. Following the said EO, the Department of Education (DepEd) circulated the DepEd Order 72, series 2016, which allows Filipinos to request access to information, records, and data under its control or custody while protecting their privacy.
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DepEd Order 72 ensures that every Filipino has the right to information that concerns the public. This order adopts and enacts full public disclosure of all DepEd’s transactions that involve the public interest. Thus, the department issued implementing details based on their mandates and information in its control or custody. All Filipinos may request information from the department given the purpose or reason is valid.
What is DepEd Order 72
On November 25, 2016, the Department of Education issued the DepEd Order (DO) 72, series (s.) 2016. This order is titled the Department of Education People’s Freedom of Information (FOI) Manual and Implementing Details. Also known as the Department of Education People’s FOI Manual of 2016, DepEd Order 72 conforms with Executive Order (EO) No. 2 dated July 23, 2016, entitled “Operationalizing in the Executive Branch the People’s Constitutional Right to Information and the State Policies of Full Public Disclosure and Transparency in the Public Service and Providing Guidelines Therefor.”
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Department of Education People’s Freedom of Information Manual and Implementing Details
Coverage
The Department of Education People’s FOI Manual 2016 covers DepEd offices of the Secretary, Undersecretaries, and Assistant Secretaries. Additionally, it applies to all bureaus, services, and offices under the DepEd Central Office, as well as the field offices in the regions, divisions, and schools. Meanwhile, DepEd’s attached agencies may enact their manual or follow this order.
The agency includes the Childhood Care and Development Council, the National Book Development Board, the National Council for Children’s Television, the National Museum, and the Philippine High School of the Arts. However, they should promulgate their guidelines by applying the provision enclosed in this manual and ensure decisions on FOI requests are not appealable to DepEd.
Access to Information
Right to Information
As stated in Section 7, Article III of the 1987 Constitution, the State acknowledges the people’s right to information on matters that concern the public. Hence, all Filipinos should have access to information on official or public records, documents, and papers that concern offices, acts, decisions, or transactions. It also concerns government research data utilized as groundwork for policy development governed by DepEd.
Exceptions
Nonetheless, DepEd should deny access to information when the requested data falls under the exceptions in the Constitution, existing laws, or jurisprudence. The department will also reject the request to access information if it’s specified in the inventory of exceptions as characterized in the Circular promulgated by the Office of the President per Section 4 of EO 2, s. 2016.
Protection of Privacy
While giving access to information and official/public records, DepEd should apply the following to protect an individual’s right to privacy:
- Guarantee that personal informal is disclosed or released only if it’s material/relevant to the subject matter of the request and its disclosure is permitted by existing laws, rules, or regulations
- Protect personal information in its custody/control through reasonable security arrangements in case of leaks/premature disclosure, which improperly exposes the individual, causing harassment, criticisms, or wrongful acts.
All employees or officials who have access, authorized or unauthorized, to personal information in the safekeeping of DepEd must not disclose it unless permitted by existing laws, rules, or regulations.
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FOI Request
To access information from DepEd, every Filipino should submit a written request judiciously detailing the requested information, including the purpose or reason. Also, the request should contain the requesting party’s name, contact information, and proof of identification. The requesting party may submit it in person or via electronic/regular mail.
Where to Submit FOI Request
The department’s central and field offices accept FOI requests:
- Public Assistance Action Center – Central Office
- Regional Office
- Schools Division Office
- School
All the names of FOI Receiving Officers and the location and contact details of the offices are available on the DepEd official website.
FOI Receiving Officer
The department should designate an FOI Receiving Officer (FOI RO) at the Public Assistance Action Center of the Central Office, the Regional Office, the Division Office, and Schools. Once the request is received, the FOI RO will provide free assistance to help the requester with the requirements they need to comply with and stamp it with “received.”
Then, the FOI RO will input the request into the FOI Tracking System and release the requested information before the next working day after receiving the request. Furthermore, the department may refuse a request given the reason contradicts existing laws, rules, or regulations.
FOI Decision Maker
The Secretary should appoint one (1) FOI Decision Maker (FOI DM) for each Central Office, Regional Office, Division Office, and School authorized to grant or deny an FOI request. To select an FOI DM, the Regional Directors should request approval from the department.
Disposition of FOI Requests
DepEd should respond to FOI requests promptly but not over fifteen (15) working days after receiving it unless extended for research/examination. If the information is readily available, the FOI RO will release the information as soon as possible or within 15 working days.
Return to the Disposition of the Request to the FOI RO
The FOI DM will also return the disposition of the request to the RO within fourteen (14) working days of receiving it. It contains the response of the FOI RO, whether the request is granted or denied, and if the response period takes longer due to further examination/research.
Notice to the Requester of the Disposition of the Request
The FOI RO should also inform the requester of the disposition of the request within fifteen (15) working days after receiving it. If extending the response period, the notice should explain the reasons for the extension and the expected date.
Fees
FOI requests are free of charge unless the department asks for a reasonable fee to compensate for the cost of reproduction or printing of the information. DepEd should also publish the applicable fees.
FOI Tracking System
DepEd must create an FOI Tracking System, which contains records of receipt, referral, action, and final disposition of a request for information. As much as possible, it should be in a digital form.
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DepEd Order 72 Full Memo Download
To access and download the complete PDF of DepEd Order No. 72, series of 2016, a direct link is available on this page. By clicking the download button below, you can easily obtain a copy of DepEd Order 72 in PDF format.
Full PDF DepEd 72 memo file: https://www.deped.gov.ph/wp-content/uploads/2016/11/DO_s2016_72corr.pdf
Summary
The issuance of DepEd Order 72, series 2016, promotes openness and transparency in all offices, bureaus, services, and schools of the department. Moreover, DepEd attached agencies may utilize guidelines in this order or develop their own based on the provision of this manual. Using the Department of Education People’s FOI Manual 2016 will also help DepEd embody fairness and moral uprightness. Therefore, all Filipinos are encouraged to use this manual when requesting access to information from the department.