Office of the Solicitor General

It is our view that the request of Mr. Beltran is not within the ambit of EO No. 2 since the request does not involve the release of any information or document which is under the custody of the OSG. 

Section 1 of EO No. 2 defines information, official record/s and public record/s as:

SECTION 1. Definition. For the purpose of this Executive Order, the following terms shall mean:

(a) “Information” shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.
(b) “Official record/records” shall refer to information produced or received by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty.

(c) “Public record/records” shall include information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.

Based on the foregoing definitions, it is evident that the request of Mr. Beltran does not involve the disclosure of any information, official or public record/s. In fact, it is clear that what Mr. Beltran wants an official legal opinion of the Solicitor General on the matter; this, however, is not within the umbrella of EO No. 2.