Executive Order No. 89




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Executive Order No. 89, May 18, 1993 ] DIRECTING THE IMPLEMENTATION OF A POLICY OF ACCESSIBILITY AND TRANSPARENCY IN GOVERNMENT WHEREAS, in consultations conducted by the National Unification Commission (NUC), various sectors of Philippine society have expressed concern over the inaccessibility of Government as a result of too much red tape in the bureaucracy; WHEREAS, addressing this concern will increase the confidence of these sectors in Governments sincerity and capability to address their needs, as well as enhance the credibility of the ongoing consultations being conducted by the NUC with various sectors of society; WHEREAS, perceived or actual Government inaccessibility consists mainly in the difficulty in obtaining access to public records, information and data, and transacting other business with Government offices; WHEREAS, Section 7, Article III of the Constitution recognizes the sacred right of people to information on matters of public concern, and to have access to official records and to documents, and papers pertaining to official acts, transactions or decisions, subject to such limitations as may be provided by law; WHEREAS, under Section 28, Article II of the Constitution, “the State adopts and implements a policy of full public disclosure of all its transactions involving public interest”; WHEREAS, Section 4(e) of Republic Act 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, requires public officials and employees to “provide information on their policies and procedures in clear and understandable language”; and WHEREAS, existing mechanisms in the bureaucracy do not guarantee that processes are carried out well, and there is a need to provide for a manner by which the relevant provisions of the Constitution and the law may actually be given effect by way of a simplified procedure in obtaining public records, information and data, and in transacting other business with Government. NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and the laws, do hereby order as follows: Section 1. All heads of the executive departments, bureaus, instrumentalities, offices, and agencies of Government, as well as government-owned and controlled corporations, shall implement a policy and accessibility and transparency in accordance with the guidelines herein provided. Section 2. All heads of executive departments, bureaus, instrumentalities, offices, and agencies of Government, as well as government-owned and controlled corporations, are required, one (1) month from the effectivity of this Executive Order, to submit to the Office of the President the guidelines governing procedures for obtaining access by the public to official records, and to documents, and papers pertaining to official acts, transactions or decisions, as well as to Government research data used as a basis for policy development in their respective offices, subject to such limitations as may be provided by law or by rules and regulations promulgated pursuant thereto, such as, among others, those pertaining to national security and the defense of the State. Section 3. All heads of offices referred to in the immediately preceding section are directed to post in conspicuous places within the premises of their respective offices the procedures for all public transactions or official business, including the procedure by which an aggrieved party may seek administrative redress for any violation of the aforementioned procedures, in the form of flow-charts, using clear and understandable language in Pilipino and the dialect predominantly spoken in the locality. Section 4. Expenses incurred in compliance with this Executive Order shall be taken from the Contingent Funds of the respective offices.1aшphi1 Section 5. This Executive Order shall take effect immediately. DONE in the City of Manila, this 18th day of May in the year of Our Lord, Nineteen Hundred and Ninety-Three. (Sgd.) FIDEL V. RAMOS President of the Philippines By the President: (Sgd.) ANTONIO T. CARPIO Chief Presidential Legal Counsel The Lawphil Project - Arellano Law Foundation