Department of Transportation(DOTr)

Investigative Documentaries is a documentary program of GMA News TV Channel 11. It produces reports on economic, environmental and social issues.

We are currently working on an in-depth documentary about infrastructure projects in the municipality of San Antonio in Northern Samar. One of our segments will discuss the San Antonio Airport in the municipality of San Antonio in Northern Samar
 
In line with this, our team would like to request for a copy of the feasibility study of the construction of the San Antonio Airport in Municipality of San Antonio in Northern Samar.

It is upon the recommendation of the DOTr and the Civil Aviation Authority of the Philippines (CAAP) that the feasibility study of the San Antonio Airport cannot be released as the requested document falls under the category of “prejudicial premature disclosure,” which is one of the exceptions cited in the Section 4 of E.O. No. 2 s. 2016. 

To further, below is the discussion from CAAP explaining the reason of the non-disclosure of the requested document.

“The IRR of R.A. No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) provides that heads of agencies shall establish measures and standards that will ensure transparency, such as an information system that will inform the public of the following:
a.	Policies, rules, and procedures;
b.	Work programs, projects, and performance targets;
c.	Performance reports; and
d.	All other documents as may be classified as public information.

The IRR also provides for an exception for disclosure. One of these exception for disclosure is if the information falls within the concepts of established privileged or recognized exceptions, as may be provided by law or settled policy or jurisprudence.

Jurisprudence provides that the Constitution, under Art. II Sec. 28, compels the State and its agencies to fully disclose all of its transactions involving public interest. Thus, government agencies must bring into public view all the steps and negotiations leading to the consummation of the transactions and the contents of the perfected contract. Such information pertains to definite propositions, meaning official recommendations or final propositions reached which were subject to negotiations. However, government agencies need not disclose intra-agency or inter-agency recommendations or communications during the stage when common assertions are still in the process of being formulated or are in the exploratory stage.1

This is further highlighted in the Memorandum from the Executive Secretary dated 24 November 2016 when it provided the exceptions to the Executive Order No, 2, s.2016 (FOI Executive Order). Two notable exceptions are the following:
a.	Information known by reason of official capacity and are deemed as confidential; and
b.	Prejudicial premature disclosure.”


1Chavez v. National Housing Authority et.al. G.R. No. 164527. 15 August 2007.