Transparency at Capitol: FOI ordinance OK’d

CEBU, Philippines —  The Cebu Provincial Board has approved on third and final reading the “Cebu Provincial Government Offices Freedom of Information (FOI) Ordinance of 2026,” institutionalizing public access to government records and official documents in a move aimed at strengthening transparency, accountability, and citizen participation in governance.

The ordinance establishes a formal FOI program covering all provincial offices, departments, divisions, units, and government-controlled entities under the Cebu Provincial Government.

Board Member Malcolm Sanchez, chairperson of the Committee on Information and Communications Technology and principal author of the measure, welcomed the ordinance’s approval after months of deliberations.

He described the measure as a significant step toward making government operations more transparent and accessible to the public, while reinforcing the accountability of public officials.

“Dako siya’g impact especially sa Sugbuanons, because aside from bringing the government closer to the people, through this ordinance we are bringing the government closer to the people through transparency,” Sanchez said.

“As public servants, we want to be accountable to the people at all times,” he added.

Under the ordinance, any Filipino citizen may request access to official provincial government records, subject to limitations and exemptions provided by law. Covered documents include reports, contracts, memoranda, research materials, and other records related to official government transactions, decisions, and actions.

Sanchez said the ordinance operationalizes the constitutional right to information and encourages greater public participation in governance by allowing citizens to examine government transactions and request pertinent records.

The measure sets clear timelines for responding to FOI requests based on their complexity.

Simple requests must be acted upon within three working days, while more complex requests requiring coordination or verification must be resolved within seven working days. Highly technical requests involving specialized expertise may take up to 20 working days.

The classification of requests will follow the standards set under Republic Act No. 11032, or the Ease of Doing Business and Efficient Government Service Delivery Act of 2018.

Access to information and digital copies will generally be provided free of charge, although requesters may be required to shoulder reasonable reproduction costs such as printing, photocopying, storage media, and mailing expenses. Indigent applicants may be exempted upon submission of proof of indigency.

“Klaro na kaayo ang katungod sa katawhan which is protected by the Constitution with the passage of this Freedom of Information Ordinance sa Probinsiya sa Sugbo,” Sanchez said.

He added that the measure empowers citizens to participate more actively in governance and to inquire about government transactions.

“This empowers them nga makilahok, makiaalam, gusto sila masayod. If they want to request documents pertaining to transactions in the government, as long as it does not fall under exemptions relating to national security of the province or the State, makahatag na og documents ang lain-laing opisina sa Probinsiya sa Sugbo,” Sanchez explained.

Exemptions to disclosure

While expanding access to public records, the ordinance also outlines information exempt from disclosure. These include matters involving national security, ongoing law enforcement investigations, executive privilege, attorney-client privileged communications, trade secrets, confidential commercial information, bank secrecy laws, and personal information protected under the Data Privacy Act.

Provincial Information Officer Ainjeliz dela Torre-Orong said unfinished or non-final government actions may likewise be withheld to prevent premature disclosure of decisions still under consideration.

“Anything that will involve national security, anything nga dili pa final para dili ma-preempt,” Orong said, referring to information that may be exempted from release.

FOI secretariat

The ordinance creates a Provincial FOI Secretariat under the Office of the Governor or another designated office. The secretariat will oversee compliance, maintain an FOI registry, prepare annual reports, develop standard forms, and conduct training and public information campaigns.

Each provincial office will designate an FOI receiving officer responsible for processing and logging requests, while department heads will serve as FOI decision makers tasked with approving or denying applications.

A provincial FOI review committee will also be established to hear administrative appeals from denied requests. Appeals must be filed within 15 working days from receipt of denial and resolved within 10 working days.

Following the approval of the ordinance, Orong said the provincial government will immediately focus on drafting and finalizing the implementing rules and regulations (IRR).

“There will be three things that we will do in the next few weeks,” Orong said.

“First is the IRR. Important ang IRR kay diha maklaro ang specifics sa ordinance on what to do. Pero we have already readied the IRR so to be submitted na lang,” she added.

The second step will involve training FOI officers tasked to receive and process requests.

“Very crucial ang ilang role because sila ang magdawat sa requests,” Orong said.

The province will also conduct information dissemination campaigns to inform the public that Cebu Province already has its own FOI mechanism.

“Hopefully this is the start that this will urge other LGUs to pass an FOI,” she said.

She noted that Governor Pamela Baricuatro strongly supported the institutionalization of FOI as part of the administration’s transparency agenda and efforts to combat misinformation by giving the public access to verified government information.

"By giving people access to accurate and verified information, the public becomes more informed and more responsible in identifying and avoiding unverified or misleading news," she noted.

The provincial government has earmarked an initial P2 million for the program’s implementation, to be sourced from the Office of the Governor.

Provincial officials also expressed hope that Cebu’s initiative would encourage cities and municipalities across the province to adopt their own FOI ordinances, further promoting transparency and public accountability at the local level. — (FREEMAN)