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Republic of the Philippines Department of Health Office of the Secretary 2/F Building 1, San Lazaro Compound, Rizal Ave., Sta. Cruz, 1003 Manila URL: http://www.doh.gov.ph; e-mail: osec@doh.gov.p
7 February 2008
DEPARTMENT ORDER No. 2008- 0016 SUBJECT: Department of Health Rules on Public Disclosure 1.0 RATIONALE Pursuant to the State’s duty to disclose, as contained in Article 2, Section 28 of the 1987 Philippine Constitution, which states that: “ Subject to reasonable conditions prescribed by law, the state adopts and implements a policy of full public disclosure of all its transactions involving public interest”; Further pursuant to the public’s right to know, as contained in Article 3, Section 7 of the 1987 Constitution which states that; “The right to people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law”; Trusting that the information-consuming public (i.e. media, concerned citizens, civil society organizations, non-governmental organizations and other stakeholders in the health sector) will use the information covered in this Department Order sensibly and to further the cause of good governance in the Department of Health; And in recognition of the government’s commitment to good governance, the Department of Health, hereby adopts a policy of full public disclosure of all its transactions involving public interest. In line with his Public Disclosure Policy, these Rules are hereby prescribed. 2.0 SCOPE The provisions of these rules shall have common applications to all officials and employees of the offices and hospitals of the Department of Health. 3.0 DEFINITION OF TERMS Terms as used in these rules shall have the following meaning. a. “Central Office” refers to the Department of Health offices/units located at San Lazaro Compound, Manila, the Health Emergency Management Staff in Quezon City, the Bureau of Food and Drugs in Alabang, Muntinlupa, and the Bureau of Quarantine in Port Area, Manila b.“CHDs” are the Centers for Health Development of the Department of Health c. “DOH” refers to the offices/units and hospitals of the Department of Health d. “DOH officials and employees” are all those employed in the DOH Central Office, CHDs and DOH hospitals e. “DOH hospitals” are all hospitals under the administrative and technical supervision of the DOH, including the DOH corporate hospitals f. “Information” refers to records, documents, papers, research materials, tapes, microfilm, videotapes and the like, statements of policy and interpretations thereof, final opinions, and orders made in the adjudication of cases, administrative staff manuals, instructions, and all other information imbued with public interest in any form whatsoever in DOH custody or under its control. 4.0 PUBLIC ACCESS TO INFORMATION Every unit of the DOH shall make official information available for public knowledge, scrutiny, copying or reproduction, subject to the following conditions: a. The request for information shall be in writing. b. The request shall contain the signature, complete name and address of the person making the request, and the purpose of the request. c. The information acquired shall be used only for lawful purposes. 5.0 PROTECTION OF RECORDS Copying or reproduction of materials shall be at the expense of the requesting party. However, to ensure the security and safety of the records, copying or reproduction shall be done within the agency premises. The copies of documents shall be certified as true copies by the proper authorized official/employee of the agency 6.0 EXEMPTIONS The following are deemed exempted from the disclosure: a. Documents and papers pertaining to such official acts, transactions and decisions, determined by the President or his/her duly authorized official as “Classified Information”, when the reproduction or revelation of information thereof will create a clear and present danger to the security of the state. b. Documents, records, and papers compiled for internal and external defenses and law enforcement purposes, when the reproduction or revelation of information thereof would: (1) Deprive a person of the right to a fair trial or an impartial adjudication; (2) Constitute an unwarranted invasion of personal privacy; (3) Endanger the life or physical safety of law enforcement and military personnel or their immediate families; c. Documents, papers, and similar information on medical and personnel records when the reproduction or revelation of unauthorized disclosure thereof would constitute an undue invasion of personal privacy; d. Those which are exempted by law in addition to those provided in this section, provided however that any reasonable segregable portion of the record shall be provided any person requesting such record after the exempt portions under this Administrative Order have been deleted. 7.0 PROCEDURE FOR ACCESS Any person who wishes to obtain information from the DOH shall submit or send a request to the appropriate DOH agency which shall comply with the request within fifteen (15) working days from the receipt thereof or within a reasonable time mutually agreed on by both the person making the request and the DOH unit concerned. A reasonable and standard fee may be charged for the cost of reproduction, copying, or transcription of the information requested. Such fees and costs shall be clearly posted at each agency and on the DOH website. The time limits prescribed in this section may be extended during unusual circumstances where in the production of the requested information, documents or records, there is a need to: (a) Search for and collect all the requested records from field facilities or other establishments that are separate from the office processing the request; (b) Search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or (c) Consult, with all practicable speed, with another agency or among two (2) or more components of the agency having a substantial interest in the determination of the request; and (d) Consider fortuitous events or other events resulting from force majeure, or other analogous cases. The DOH agency concerned shall notify, in writing or through electronic means, the person making the request of the extension, setting forth reasons for such extensions and the date when the information shall be made available; provided that no such notice shall specify a date that would result in an extension of more than fifteen (15) working days except on the specified date mutually agreed upon by both parties. 8.0 NOTICE OF DENIAL If the DOH agency concerned decides to deny the request, in whole or in part, the head of the unit shall notify the person making the request of such denial, in writing or through electronic means, within fifteen (15) working days from receipt of request or within the reasonable time mutually set by both parties. The notice shall clearly indicate the name, rank, and title or position of the person making the denial and the grounds for the denial. Failure to notify the person making the request of such denial or to provide a written explanation for extension within the prescribed period or on the date mutually set by both parties shall be deemed a denial of the request for access to information. 9.0 REMEDIES TO COMPEL DISCLOSURE Every denial of any request for access to information may be appealed to the next person or office higher in authority or to the person or office making the prior denial following the procedure provided in this Administrative Order. Such administrative appeal is without prejudice to the right of the person making the request to file before the Office of the Ombudsman a complaint praying that the government agency concerned be directed immediately afford access to the information requested.
Every original denial or denial on administrative appeal of any request for access to information, or inaction by the Office of the Ombudsman, may be treated by the person making the request as a final denial. Within sixty (60) days from notice of the final denial, the person making the request may file a verified position petition for mandamus before the proper court.
The remedies under this Section are without prejudice to any other administrative or criminal action covering the same act. 10.0 PENALTIES Any violation of this Administrative Order shall be a ground for disciplinary action, without prejudice to the filing of the appropriate administrative or criminal charges, if warranted, against the erring official and/or employee. 11.0 EFFECTIVITY This Department Order shall take effect immediately.
Sgd: FRANCISCO T. DUQUE, III, MD,MSc. Secretary of Health
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