SAYING that the “government is always at constant risk of being infiltrated by a group or individual for a purpose which is inimical to national interest,” President Gloria Macapagal-Arroyo has issued an executive order that further restricts access to government documents and official information.

Executive Order No. 608, entitled, “Establishing a National Security Clearance System for Government Personnel with Access to Classified Matters and for Other Purposes,” aims to “ensure against unauthorized access or disclosure of information and classified matters which could cause grave damage to the government or national interest.”

Read the full text of EO 608 below. Or download a copy here. Also, read Memorandum Circular 196.

The order seeks to limit access to information even to personnel who have access to classified matter. They shall be required to secure an Interim Security Clearance from the head of government office or agency concerned.

An interim security clearance procedure, which was laid down by National Security Adviser Norberto Gonzales, sets the guidelines in accessing classified documents:

  • the officer or employee must be authorized to access classified or sensitive information by reason of their duty or employment;
  • the officer or employee must undergo a comprehensive background investigation; and
  • the head of department or agency must certify that the officer or employee strictly complied with the security clearance procedure.

The names of personnel granted an Interim Security Clearance who have access to materials classified as “secret or above” shall be forwarded to the National Intelligence Coordinating Agency (NICA).

NICA shall then forward the approved names to the national security adviser and the national security director. They shall then forward to the department concerned the approved clearance, which includes the validity period of the issued clearance and the types of classified documents to be accessed.

“Any unauthorized disclosure, sharing, publication or use of the information contained in the classified documents or materials shall be considered a grave offense and shall be punishable in accordance with civil service rules and regulations,” EO 608 states. Criminal and civil charges can also be filed against violators.

EO 608 was based on two memorandum circulars: Memorandum Circular No. 78 (Promulgating Rules Governing Security of Classified Matter in Government Offices) and Memorandum Circular No. 196 which is an amendment to the former.

The PCIJ had a hard time getting a copy of MC 78 from Malacañang. As it turned out, EO 608 inadvertently stated that MC 78 was promulgated on August 14, 1978; it was approved on August 14, 1964. MC 196, meanwhile, was issued on July 19, 1968.

MC 78 categorizes classified matters into four categories: Top Secret, Secret, Confidential, and Restricted. MC 78 lists examples of matters falling under the four classifications:

Top Secret Matters

  • very important political documents dealing with such matters as negotiations for major alliances
  • major governmental projects such as drastic proposals to adjust the nation’s economy (before official publication)
  • matter relating to new and far-reaching experimental, technical and scientific developments in methods of warfare or defense, e.g., vital matter relating to atomic warfare, defense against biological warfare, or matter affecting future operational strategy.
  • critical information relating to vital strategic areas and the supply of vital strategic materials
  • information which could indicate the capabilities or major successes of our intelligence services or which would imperil secret sources
  • critical information about cryptography in so far as it relates to devices and equipment under development
  • certain compilations of data or items which individually may be classified SECRET or lower, but which collectively should be put in a higher grade

Secret Matters

  • high level directives dealing with important negotiations (as distinct from major negotiations which would be in the TOP SECRET category) with other countries
  • proposals for new schemes of governmental or other controls, foreknowledge of which would seriously prejudice their operation
  • matter relating to certain new methods of warfare or defense, including scientific and technical developments, not classified as TOP SECRET, e.g., new designs of service aircraft, guided projectiles, tanks, radar and anti-submarine devices

Confidential Matters

  • plans of government projects such as land development, hydro-electric scheme, road development, or development of areas
  • routine service reports, e.g., on operations and exercises, which contain information of value but not of vital interest to a foreign power
  • routine intelligence reports
  • technical matter not of major importance but which has a distinct military value or requires protection otherwise, e.g., new weapons calculated to influence minor tactics or service tests of war equipment of a standard pattern
  • certain personnel records and staff patterns
  • certain compilations of data or items which individually may be classified RESTRICTED, or which may be unclassified but the aggregation of which enhances their security value
  • matters, investigations and documents of a personal and disciplinary nature, the knowledge of which is desirable to safeguard for administrative reasons
  • identification of personnel being investigated for misconduct, anomaly or fraud prior to the filing of appropriate charges or completion of the findings of boards created for such purpose

Restricted Matters

  • departmental books of instruction and training and technical documents intended for official use only or not intended for release to the public
  • routine information relating to the supply and procurement of military stores
  • minor modifications and routine tests equipment
  • certain compilations of data or items which individually may be reclassified but which in the aggregate warrant a clasification

Here is the full text of Executive Order 608, promulgated on 30 March 2007:

Malacañang
Manila

Executive Order No. 608
ESTABLISHING A NATIONAL SECURITY CLEARANCE SYSTEM FOR GOVERNMENT PERSONNEL WITH ACCESS TO CLASSIFIED MATTERS AND FOR OTHER PURPOSES

WHEREAS, the government is always at constant risk of being infiltrated by a group or individual for a purpose which is inimical to national interest;

WHEREAS, these groups/individuals rely on infiltrating and/or developing contracts within the bureaucracy to be their source of intelligence and other relevant information, particularly on classified or sensitive information and materials in order to accomplish their unlawful objectives;

WHEREAS, it is the duty and responsibility of all government departments, agencies and offices to implement security measures that will protect and ensure the integrity and sanctity of classified or sensitive materials or information they have access to or in their possession;

WHEREAS, Memorandum Circular No. 78 dated August 14, 1978 and Memorandum Circular No. 196 dated July 19, 1968 were promulgated to ensure against unauthorized access or disclosure of information and classified matters which could cause grave damage to the government or national interest;

WHEREAS, there is a need to develop and institutionalize a uniform Security Clearance System that is national in scope to cover all government personnel who by reason of their function or their office have access or can have access to classified information or documents;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and direct of the following:

Section 1. Institution of an Interim Security Clearance

a. All heads of government offices or agencies handling or having access to classified matters shall strictly implement and institutionalize the security clearance procedure approved by the Office of the National Security Adviser regarding the conduct of a comprehensive background investigation on their personnel who by reason of their duty or employment, have access to classified matters as defined under Memorandum Circular No. 78 as amended by Memorandum Circular No. 196 dated July 19, 1968. It is only after passing the said security clearance procedure can the department, agency or office issue an Interim Security Clearance in favor of said employee. Only the head of the department, agency or office concerned of their designated representative can issue the Interim Security Clearance.

b. The heads of department and/or agencies of the government or their designated agents or instrumentalities, shall before issuance of the Interim Security Clearance, issue a certification that after strictly complying with the security clearance procedure, the officer or employee is cleared to have access to classified matters indicating therein the level of such access or category of classified information to which such personnel is authorized to have access.

c. Each department, agency or office of the government granting the Interim Security Clearance shall establish and maintain a Security Investigation Index for all personnel granted such Interim Security Clearance. The records of investigations(s) and the kind of clearance(s) issued shall be made a permanent part of the personnel’s 201 file. The Index shall contain the date of the investigation, the type of investigation conducted, the location of the investigative file, the date the clearance was granted, the signature of the authority granting such clearance and the category or level of classified matters to which such personnel is authorized to have access.

d. The heads of department and/or agencies shall designate a Security Officer who shall assume responsibility for implementing and maintaining the security clearance system in their respective jurisdiction.

e. Personnel granted an Interim Security Clearance or Security Clearance shall not disclose, share, publish or use the information contained in the classified documents or materials in any way that violated the clearance issued to them or without proper authority.

Section 2. Institution of Security Clearance

a. The head of the department, agency or office of the government or their designated representatives shall forward the names of their personnel granted an Interim Security Clearance which have access to material classified as Secret and above to the Office of the National Security Adviser/Office of the National Security Director (ONSA/ONSD), through the National Intelligence Coordinating Agency (NICA). The NICA, on its own or upon request, shall subject to further background investigation any personnel granted an Interim Security Clearance. The NICA may request the assistance of any government department, agency or office in the performance of this function.

b. The NICA, upon processing of the information obtained, shall forward its recommendations for the Issuance of a Security Clearance granting access on a “need to know” basis to materials classified as Secret and above or non-issuance thereof to the ONSA/ONSD for approval. All decision by the ONSA/ONSD in this regard, including the validity period for any Security Clearance issued, shall be forwarded to the department, or agency or office concerned for its information and implementation.

c. The Security Clearance issued by the ONSA/ONSD shall remain valid until its expiration unless revoked earlier.

Section 3. Appeal

A party desiring to appeal the decision of the ONSA/ONSD may file their appeal to the Office of the President in accordance with law.

Section 4. Limitation Clause
The provision of this Order shall apply to government personnel with access to or are handling classified documents and all those contemplated to be granted such authority.

Section 5. Implementing Guidelines

a. The NICA, in coordination with the Intelligence Community and relevant departments and agencies, shall formulate the Implementing Rules and Regulations subject to the approval of the National Intelligence Board (NIB) for the effective implementation of this Order.

b. For this purpose, NICA shall undertake measures to acquire the capability to accomplish its task as mandated in this program.

Section 6. Administrative Liability

Any unauthorized disclosure, sharing, publication or use of the information contained in the classified documents or materials shall be considered a grave offense and shall be punishable in accordance with civil service rules and regulations. The filing of an administrative case against an erring personnel or officer does not preclude the filing of any other appropriate criminal or civil case for the same violation/s.

Section 7. Repeal or Amendment

All issuances inconsistent with the provisions of this Executive Order shall be deemed repealed, amended or modified accordingly.

Section 8. Effectivity

This Executive Order shall take effect fifteen (15) days after publication in two (2) newspaper of general circulation.

DONE in the City of Manila, this 30th day of March in the year of Our Lord, Two Thousand and Seven.

By the President:

Eduardo R. Ermita
Executive Secretary

5 Responses to Reviving a regime of secrecy

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jlagman17

April 26th, 2007 at 11:51 am

“Government is always at constant risk of being infiltrated by a group or individual for a purpose which is inimical to national interest. Establishing a National Security Clearance System for Government Personnel with Access to Classified Matters and for Other Purposes, aims to ensure against unauthorized access or disclosure of information and classified matters which could cause grave damage to the government or national interest.”

Let me rephrase the statements between and beyond the lines.

Government is always at constant risk of being infiltrated by Senators or Congressmen for public inquiry in aid of impeachment. Establishing a National Security Clearance System for Government Personnel with Access to Classified Matters (graft and corruption) and for Other Purposes (used, abused, misused and overuse of authority / power), aims to eradicate ‘check and balance’ to ensure against unauthorized access (rightist and leftist hackers) or disclosure of information (press freedom) and classified matters (right to public information / transparency) which could cause grave damage to the government or national interest (coup d etat / people power revolution).

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jr_lad

April 26th, 2007 at 3:36 pm

“Top secret matters

* matter relating to new and far-reaching experimental, technical and scientific developments in methods of warfare or defense, e.g., vital matter relating to atomic warfare, defense against biological warfare, or matter affecting future operational strategy.

* critical information relating to vital strategic areas and the supply of vital strategic materials.

* information which could indicate the capabilities or major successes of our intelligence services or which would imperil secret sources.

* critical information about cryptography in so far as it relates to devices and equipment under development.”

this issuance of Executive Order No. 608 is very timely. for a superpower such as the Philippines, there is really a need to institute tougher measures to guard the country against the constant threat from her enemies specially against international terror groups that keep on targeting the Philippines and other fellow superpowers such as the USA. so far we have the strictest airport security around the world but this is not enough. more measures should be introduced to protect the country and the national interest.

imagine if the above mentioned top secret information gets into the hands of the enemies, the result would be catastrophic…

in our dreams. hehehe :)

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naykika

April 27th, 2007 at 4:18 am

And the bloody AFP can not even win an open warfare with insurgency and the common criminals in Abu Sayaff.

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Ambuot Saimo

April 28th, 2007 at 1:20 am

Yeah!!! I agree 101%. There is indeed a need for this Executive Operations (EO):

Kasi, kailangan nating protektahan ang sekreto ng paggawa ng lantaka, tirador, indian pana, balisong , mga paltik and above all the Pinoy version of “rocket” which we call “racket”.

Racket was invented and patented by the Pinoys. Therefore, it is the responsibility of the government (especially in this present administration who is known to possess a lot of inventories) to guard the “secret” of how to do “rackets” without going to prison otherwise we will lose our status as the most “racketer” people in the wolrd.

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jester-in-exile

April 30th, 2007 at 1:50 pm

i don’t mind having these security classifications for documents for as long as:

a. there is a definite time limit for a document to remain secret.
b. there is oversight by the responsible committees (e.g, intelligence, foreign affairs, et cetera) both houses of senate and the house of representatives for the document in question
c. there is a procedure by which any citizen of the republic can subpoena documents, if only for personal curiosity (transparency in government and all that)
d. a freedom of information act is enacted to counterbalance the potential abuse of the document secrecy EO.

any opposition to these and other guarantees towards transparency in government simply means that the executive feels that it is in a state of siege (and why not? after all, a guilty man feels beset on all sides).

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