Malacañang issued a memorandum circular updating the inventory of exceptions to the right to access information under Executive Order No. 2 of the previous administration. MC No. 15 was signed by Executive Secretary Lucas Bersamin on March 17. A copy was released to Palace reporters on March 23. Based on the memorandum, the following are the exceptions to the right of access to information: 1. Information covered by Executive privilege 2. Privileged information relating to national security, defense, or international relations 3. Information concerning law enforcement and protection of public and personal safety 4. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused 5. Information, documents, or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, boards, or officers, in relation to the performance of their functions or to inquiries or investigations conducted by them in the exercise of their administrative, regulatory or quasi-judicial powers 6. Prejudicial premature disclosure 7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged 8. Matters considered confidential under banking and finance laws, and their amendatory laws 9. Other exceptions to the right to information under laws, jurisprudence, rules, and regulations Based on the MC, the list of exceptions is without prejudice to existing laws, jurisprudence, or rules or regulations authorizing the disclosure of such excepted information upon satisfaction of certain conditions, such as the consent of the concerned party or if the courts order it.

JUST IN: Malacañang issues memo updating the inventory of exceptions to the right to access of information under Executive Order No. 2. @manilabulletin pic.twitter.com/PoFeEANCuX

— Argyll Cyrus Geducos (@argyllcyrus_MB) March 23, 2023

In evaluating requests for information, the MC stated that all heads of offices must ensure "the meaningful exercise of the public of their right to access to information on public concerns." In 2016, former president Rodrigo Duterte issued Executive Order No. 2, which operationalized the Freedom of Information (FOI). The EO covers all government offices under the Executive Branch, including government corporations and state universities. EO 02 directs the Department of Justice (DOJ) and the Office of the Solicitor General (OSG) to update the Inventory of Exceptions as needed and the Office of the President (OP) to accordingly circularize the same. The FOI program fulfilled Duterte's campaign promise to make public documents and records more available to citizens and promote transparency in the government.