LGUs urged: Adopt own FOI mechanism

CEBU, Philippines — Cebu Governor Pamela Baricuatro has urged all 51 towns and component cities in the province to establish and institutionalize Freedom of Information (FOI) mechanisms in their respective local government units (LGUs).

Baricuatro issued Executive Order No. 43, Series of 2026, encouraging LGUs to adopt their own FOI ordinances and mechanisms consistent with existing laws and provincial issuances.

The order recognizes that the provincial government’s FOI policy does not automatically compel component cities and municipalities to comply, but strongly encourages them to establish similar measures within their respective jurisdictions.

“It is hereby declared the policy of the Provincial Government of Cebu to promote and support the institutionalization of Freedom of Information (FOI) throughout the Province as an essential mechanism for transparency, accountability, citizen participation, responsible stewardship of public records, and efficient public service delivery," read a portion in the order.

Under the executive order, component cities and municipalities are “strongly enjoined to establish, strengthen, and institutionalize Freedom of Information mechanisms” consistent with applicable laws, rules and regulations.

They are likewise strongly encouraged to enact their own FOI ordinances through their respective Sangguniang Bayan, taking into account their organizational structures, available resources and local circumstances.

LGUs may also adopt, where appropriate, the principles and mechanisms provided under Provincial Ordinance No. 2026-09, or the Cebu Provincial Government Offices Freedom of Information Ordinance of 2026.

The ordinance, approved by the Provincial Board on March 24, 2026, institutionalizes the constitutional right to information within the provincial government.

It established a formal FOI program covering provincial offices, departments, divisions, units and government-controlled entities under the Province of Cebu.

The measure was authored by Board Member Malcolm Sanchez, chairman of the Committee on Information and Communications Technology, and was intended to strengthen transparency, accountability and citizen participation in governance.

Sanchez said the ordinance “clarifies and operationalizes the public’s constitutional right to information.”

Under the provincial ordinance, every Filipino citizen may request and obtain information from provincial government offices, subject to limitations and exemptions provided by law.

Covered information includes official records, documents, reports, contracts, memoranda, research materials and other recorded information concerning official government acts, transactions and decisions.

However, the right to access information is not absolute. The ordinance recognizes exemptions covering matters involving national security, ongoing law enforcement investigations, executive privilege and attorney-client privileged communication.

Trade secrets, confidential commercial information, information protected under bank secrecy laws and personal information covered by the Data Privacy Act are likewise among the exempted information.

EO 43 also calls for proactive disclosure by component cities and municipalities, encouraging LGUs to make public information available even without waiting for individual FOI requests.

Such disclosures may include annual budgets and financial reports, procurement plans and contracts, development plans and programs, annual reports, and reports on government projects, programs and activities, subject to applicable disclosure limitations.

The Provincial Information Office (PIO) has been designated as the principal coordinating office for the implementation of the executive order.

It is tasked with providing technical assistance, developing model FOI ordinances and related materials, facilitating training, and promoting the sharing of best practices among LGUs.

The order also encourages cities and municipalities that have adopted, or are in the process of adopting, their own FOI ordinances to furnish copies to the PIO for coordination, technical assistance and the promotion of best practices throughout the province. — (FREEMAN)