ASK AND YOU SHALL BE ANSWERED: THE LEGAL RIGHT TO GOVERNMENT RESPONSE
It’s a common frustration: you write a letter or submit a request to a government office—and then wait. Days turn into weeks, weeks into months—and sometimes nothing happens. But the law in the Philippines does impose a clock on public offices: they cannot sit on your correspondence forever.
The Legal Mandate: RA 6713 — “Act Promptly on Requests”
At the heart of this obligation is Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees). Section 5(a) states:
“All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.”
So: if you send a query or letter (via mail, telegram, or similar means) to a public office, that office is legally obliged to send some response within 15 working days. That response must include what action was or will be taken.
If the matter is “routine” or easily handled, the office should resolve it within that period or, at least, inform you of what steps will follow. But if the issue is not routine and requires investigation, the 15-day window still applies for the acknowledgment or initial response (e.g. telling you “we’re looking into it,” or “we refer this to X office”) plus an indication of when full resolution may come.
In short: you are legally entitled to a reply within 15 working days.
Freedom of Information (FOI) in the Executive Branch & Extensions
For requests that concern access to government records or documents (i.e. the “right to information” domain), there’s a narrower regime under Executive Order No. 2, series 2016 (“Operationalizing the People’s Right to Information within the Executive Branch”). Under that EO and implementing rules:
• The standard processing time for an FOI request is 15 working days from the date the request is received
• If the request involves voluminous or complex records, the agency may extend the time for response by up to 20 additional working days. But they must notify the requesting party of the extension.
• Failure to act (i.e. if no decision is communicated within the prescribed period) may be treated as a denial of the request.
So even in “access to records” cases, the law gives you a maximum of 15 + 20 = 35 working days in the worst (complex) scenario, but only if properly extended.
Various agencies have their own FOI manuals confirming this standard. For example:
• The Department of Foreign Affairs: 15 working days as standard; extension allowed up to 20 working days.
• The Philippine Reclamation Authority: same 15 working days, with possible extension in complex cases.
• Department of Trade & Industry: 15 working days standard.
• Department of Public Works and Highways: FOI requests must be answered “promptly within 15 working days.”
These are all implementations of the EO-2 regime for the Executive branch.
The 2018 Memorandum Circular: 15-Day Response for “Frontline” Requests
To strengthen responsiveness, President Duterte issued Memorandum Circular No. 44 (2018), which directs:
“All government agencies and instrumentalities … are hereby directed to respond to all public requests and concerns within 15 days from receipt, unless a shorter period is provided under applicable laws or issuances.”
The circular explicitly covers agencies including GOCCs (government-owned or controlled corporations), and is meant to apply broadly to “requests and concerns.”
However, Memorandum Circulars are administrative directives, not statutes. They must conform to existing law; they cannot override or contradict statutes or the Constitution. That said, MC 44 reinforces public expectations of timeliness beyond what RA 6713 already demands.
Limitations & “Reasonable Time” Clauses
Two caveats:
1. “Unless otherwise provided by law” RA 6713 and the FOI EO both qualify their deadlines by saying that if another law requires a different schedule, that schedule prevails.
2. “Reasonable time” standard for non-routine matters For matters that cannot be resolved in 15 days (e.g. needing investigation, consultation, or involvement of multiple offices), the doctrine of “reasonable time” may enter. But even then, the initial acknowledgment or partial reply should still be given within the 15 working days window. The public should not be left in limbo without any response.
What Happens If the Office Doesn’t Respond
If a public office fails to comply:
• Under RA 6713, failure to act “promptly” may be considered a breach of ethical duty. Persistent non-compliance can invite administrative sanctions.
• Under the FOI regime, failure to notify within the prescribed period may be treated as a “deemed denial,” allowing administrative or appeal remedies.
• Public pressure, media scrutiny, and political accountability often act as informal enforcement.
A Sample Timeline Day What the law expects Day 0 Office receives your letter / information Request Working days 1–15 Office must send you a response— either resolution, acknowledgment, or status update If complex case They inform you by Day 15 of an extension, up to 20 more working days End of extension Final decision or records delivered, or formal denial with explanation
Realities vs. the Ideal
In practice, delays happen—lack of staff, ambiguous jurisdictions, shifting priorities. Some local offices may ignore the deadlines. That doesn’t make it legal—but it does make enforcement and follow-up crucial.
The law provides the floor of what citizens may demand, not the ceiling of what office routines permit. The deadlines are part of the public accountability architecture: they force the machine of government to tick, not clog.
