Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA comer Quezon Avenue, West Triangle, Quezon City http: wanwdig.com.ph 08 oct 2019 OILG OPINION NO. 63 §. ania, MR. JEDD CARLO F. UGAY Sangguniang Barangay Member San Juan, Cainta, Rizal Dear Mr. Ugay This has reference to your request for this Department's legal o} whether you can have access to information relative to your barangay payroll. In reply to your query, may we quote applicable provisions of law and rules, to wit: Sectic "Section 7. The right of the 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, as well as to government research date used as. basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.” Republic _Act_No.67: nd ical Standards for Public Officials ai "Section 5. Duties of Public Officials and Employees.- In the performance of their duties, all public officials and employees are under obligation to: Xxx vox XxX (¢) All public documents must be made accessible to, and readily available for inspection by, the public within reasonable hours.” ection 3, Rule IV of the Implementi sand Regulation of RA No. 6713 Section 3. Every department, office or agency shall provide official information, records or documents to any requesting public, except if:a) such information, record or document must be kept secret in the interest of national defense or security or the conduct of foreign affairs; 5) such disclosure would put the life and safety of an individual in imminent danger; ©) the information, record or document sought falls within the concepts of established privilege or recognized exceptions as may be provided by law or settled policy or jurisprudence; qd) such information, record or document comprises drafts of decisions, memoranda, etc.; €) it would disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; 1) It would disclose investigatory records compiled for law enforcement purposes or information which if written would be contained in such records, but only to the extent that the production of such records or information would (i) interfere with enforcement proceedings, (ii) deprive a person of a right to a fair trial or an impartial adjudication, (ii) disclose the identity of a confidential source and in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, or (iv) Unjustifiably disclose investigative techniques and procedures; 9) it would disclose information the premature disclosure of which would (i) in the case of a department, office or agency which agency regulates currencies, securities, commodities, or _ financial institutions, be likely to lead to significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution; or (i) in the case of any department, office or agency be likely or significantly to frustrate implementation of a proposed official action, except that subparagraph (f) (li) shall not apply in any instance where the department, office or agency has already disclosed to the public the content or nature of its proposed action, or where the department, office or agency is required by law to make such disclosure on ite own initiative prior to taking final official action on such proposal.” Section 4 of RA No. 10173 also known as the Data Privacy "SEC. 4, Scope. ~ xxx Xxx This Act does not apply to the following: (@) Information about any individual who is or was an officer or employee of a government institution that relates to the Position or functions of the individual, including:(1) The fact that the individual is or was an officer or employee of the government institution; (2) The title, business address and office telephone number of the individual; (3) The classification, salary range and responsibilities of the Position held by the individual; and (4) The name of the individual on a document prepared by the individual in the course of employment with the government; (b) Information about an individual who is or was performing service under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services; (c) Information relating to any discretionary benefit of a financial Nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit; (4) Personal information processed for journalistic, artistic, literary or research purposes; (e) Information necessary in order to carry out the functions of Public authority which includes the processing of personal data for the performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions. Nothing in this Act shall be construed as to have amended or repealed Republic Act No. 1405, otherwise known as the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise known as the Credit Information System Act (CISA); (f) Information necessary for banks and other financial institutions under the jurisdiction of the independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with Republic Act No, 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering Act and other applicable laws; and (9) Personal information originally collected from residents of foreign jurisdictions in accordance with the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being processed in the Philippines.” In general, writings coming into the hands of public officers in connection with their official functions must be accessible to the Public, consistent with the policy of transparency of government affairs. This principle is aimed at affording the people an opportunityto determine whether those to whom they have entrusted the affairs of the government are honestly, faithfully and competently performing their functions as public servants. Undeniably, the essence of democracy lies in the free-flow of thought; but thoughts and ideas must be well-informed so that the public would gain a better perspective of vital issues confronting them and, thus, be able to criticize as well as participate in the affairs of the government in a responsible, reasonable and effective manner. Certainly, it is by ensuring an unfettered and uninhibited exchange of ideas among a well-informed public that a government remains responsive to the changes desired by the people. (Chavez vs. PCGG, 299 SCRA 744, Dec, 9, 1998) Foregoing considered, barangay payroll is regarded as _ official Fecord/document in the custody of a government agency/official which must be accessible to the public. We hope we have enlightened you on the matter. iv BY (UTHORITY OF THE SECRETARY RTIN B. DINO vere «© Director Karl Caesar R. Rimando BOO, This Department mis