ENVIRONMENTAL groups on Tuesday asked the Supreme Court (SC) to declare unconstitutional and void the Department of Environment and Natural Resources’ (DENR) use of its Freedom of Information (FOI) Manual, amid concerns that the policy limits public access to crucial environmental documents.
Under the 38-page Petition for Certiorari and Mandamus, Legal Rights and Natural Resources Center, Inc. (LRC) and Most Rev. Cerilo U. Casicas, Bishop of the Diocese of Marbel, South Cotabato claimed that Administrative Order No. 2016-29, which adopts the agency’s FOI manual, effectively bars public access to crucial environmental information, violating the constitutional right to information on matters of public concern.
“Environmental information such as EIAs (Environmental Impact Assessments), mining documents, and other information related to ECC (Environmental Compliance Certificate) application are matters of public concern. These information are not exempted from the operation of the constitutional guarantee” the petition read. They argued that the issuance and continued implementation of the manual violate Filipinos’ rights to information, due process, a balanced and healthful ecology, health, and meaningful participation in social, political, and economic decision-making.
“Public respondents acted with grave abuse of discretion, amounting to lack or excess of jurisdiction,” it added.
The petitioners named newly appointed Executive Secretary Ralph G. Recto and DENR Secretary Raphael Perpetuo “Popo” M. Lotilla as respondents. They did not immediately respond to BusinessWorld’s separate requests for comment.
According to petitioners, the manual lists exceptions that block public access to documents submitted during ECC applications and restrict disclosure of records supporting mining applications for the entire duration of a mining permit.
These restricted documents include feasibility studies, drilling reports, and mineral resource assessments, information the petitioners argue is essential for public participation and environmental oversight.
The petition cites several instances in which the DENR denied requests for records related to major projects, explicitly invoking the FOI Manual as its legal basis, including the Tampakan Copper-Gold Project in Southern Mindanao, one of the world’s largest undeveloped copper-gold deposits.
LRC requested more than 20 documents to evaluate the project’s legal and environmental compliance, including amendments to the Financial or Technical Assistance Agreement (FTAA), the Conditional ECC, and the approved EIA. The Mines and Geosciences Bureau (MGB) released only three documents, refusing the rest by citing Section 26 of Annex C of the FOI Manual and confidentiality clauses under the FTAA.
The petition cited the potential massive scale and risk associated with the project, which covers 26,501 hectares and uses the controversial open-pit method. It warns of potential impacts such as altering river systems across four provinces and clearing old-growth forests, making transparency essential
The petitioners also cited the DENR’s refusal to release documents on anomalous flood control projects as further proof of systemic barriers to public disclosure.
They also warn that continued denial will cause grave and irreparable harm to communities and the public, prompting their request for a Temporary Restraining Order and/or Writ of Preliminary Injunction.
The filing follows a September 2025 letter-petition from LRC and several civil society groups, including the Environmental Legal Assistance Center and Alyansa Tigil Mina, urging the President and the DENR Secretary to amend the FOI Manual. They say no action has been taken so far. — Erika Mae P. Sinaking