DENR Freedom of Information Manual

November 25, 2016

DENR ADMINISTRATIVE ORDER NO. 029-16

 

Pursuant to Executive Order No. 02 signed on 23 July 2016 entitled "Operationalizing in the Executive Branch the People's Constitutional Right to Information and the State Policies of Full Public Disclosure and Transparency in the Public Service and Providing Guidelines Therefor", and to ensure that every Filipino has access to information, official records, public records and documents and papers pertaining to official acts, transactions and decisions, and to government research data used as basis for policy development, the enclosed "DENR Freedom of Information Manual (FOI)" is hereby adopted.

All offices of the DENR and its Bureaus and Attached Agencies shall adhere to the provisions of the said Manual.

This Administrative Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation and upon acknowledgement of receipt of a copy thereof by the Office of the National Administrative Register, University of the Philippines Law Center.

(SGD.) REGINA PAZ L. LOPEZ

Secretary

ATTACHMENT

Freedom of Information Manual

I. OVERVIEW

1. Purpose: The Freedom of Information (FOI) Manual shall provide the guidelines for the Department of Environment and Natural Resources (DENR) in giving information to every Filipino. All actions carried out under this Manual shall be performed by the heads of the various offices of the DENR, as provided in Item No. 2.

2. Coverage: The Manual shall cover every request of Filipinos for information directed to the various offices of the DENR, which are as follows:

2.1 Central Office CAIHTE

2.2 DENR Field Offices

2.2.1 Regional Offices

2.2.2 Provincial Environment and Natural Resources Offices (PENROs)

2.2.3 Community Environment and Natural Resources Offices (CENROs)

2.3 Bureaus

2.3.1 Line Bureaus

2.3.1.1 Environmental Management Bureau (EMB) including its Regional Offices

2.3.1.2 Mines and Geosciences Bureau (MGB) including its Regional Offices

2.3.2 Staff Bureaus

2.3.2.1 Ecosystems Research Development Bureau (ERDB)

2.3.2.2 Forest Management Bureau (FMB)

2.3.2.3 Lands Management Bureau (LMB)

2.3.2.4 Biodiversity Management Bureau (BMB)

2.4 Attached Agencies/Corporations

2.4.1 Laguna Lake Development Authority (LLDA)

2.4.2 National Mapping and Resource Information Authority (NAMRIA)

2.4.3 National Water Resources Board (NWRB)

2.4.4 Natural Resources Development Corporation (NRDC)

2.4.5 Philippine Reclamation Authority (PRA)

2.4.6 Philippine Mining Development Corporation (PMDC)

2.4.7 Palawan Council for Sustainable Development Staff (PCSDS)

3. The DENR

3.1 Vision

 A nation enjoying and sustaining its natural resources and clean and healthy environment.

3.2 Mission

To mobilize our citizenry in protecting, conserving, and managing the environment and natural resources for the present and future generations.

3.3 Mandates of its various Offices

3.3.1 Central Office

•  Responsible for the exercise of the mandate of the Department, such as but not limited to conservation, management, development, and proper use of the country's environment and natural resources (ENR); accomplishment of its objectives and discharge of its powers and functions under Executive Order (EO) No. 192 of 1987.

3.3.2 Regional Office

• Implement laws, policies, plans, programs, projects, rules and regulations of the Department; and coordinate with regional offices of other departments, offices, agencies in the region and local government units in the enforcement of ENR laws rules and regulations, and in the formulation/implementation of ENR programs and projects.

3.3.3 PENR Office

• Responsible for planning, coordinating, controlling, preparing and/or updating plans for the protection of environment and development and conservation of natural resources; coordinating ENR management activities in the provinces; enforcing ENR laws, rules and regulations; and investigating and recommending appropriate actions to resolve ENR problems. DETACa

3.3.4 CENR Office

• Implement or enforce ENR laws, rules and regulations at the community level for the protection of environment and conservation of natural resources; maintain up-to-date data on ENR conditions; undertake surveys of areas covered by applications for lease and permits; and collect and account for fees due to government from users of natural resources; and initiate the settlements of conflicts between and among users of natural resources.

3.3.5 Environmental Management Bureau (EMB)

• Formulate, integrate, coordinate, supervise and implement all policies, plans, programs, projects and activities relative to the prevention and control of pollution as well as management and enhancement of the environment.

3.3.6 Mines and Geosciences Bureau (MGB)

•  Has direct charge in the administration and disposition of mineral lands and mineral resources; undertake geological, mining, metallurgical, chemical, and other researches as well as geological and mineral exploration surveys; recommend to the Secretary the granting of mineral agreements to duly qualified persons and monitor the compliance by the contractor of the terms and conditions of the mineral agreements; confiscate surety, performance and guaranty bonds posted through an order to be promulgated by the Director.

3.3.7 Ecosystems Research Development Bureau (ERDB)

• Formulate, implement and coordinate integrated research, development and extension (RDE) agenda/programs on ENR and other related cross-cutting concerns to address the needs of the various sectors in support of the thrusts and programs of the Department; generate science-based information and technologies for the development of policies on sustainable management of ENR; monitor, evaluate and integrate RDE programs along ENR concerns; formulate viable strategies and implements corresponding programs for the promotion and transfer of technologies to various end-users to accelerate technology adoption and commercialization; provide technical assistance to DENR sectors, other stakeholders and civil society; and develop and maintain networks and linkages with relevant local and international institutions.

3.3.8 Forest Management Bureau (FMB)

•  Formulate policies and/or programs for the effective protection, development, occupancy, management and conservation of forest lands and watersheds, including grazing and mangrove areas, reforestation and rehabilitation of critically denuded/degraded forest reservations, ancestral lands, wilderness areas and other natural preserves; develop forest plantations including rattan, bamboo, and other valuable non-timber forest resources, rationalization of the wood-based industries; regulate the utilization and exploitation of forest resources to ensure continued supply of forest goods and services taking into consideration the role of forests to climate change mitigation and adaptation and other emerging issues; and develop forestry-specific investment strategies and create opportunities which are aligned with the principles and policies relative to forest protection, conservation, management and utilization to promote equitable use and sustainable development.

3.3.9 Land Management Bureau (LMB)

• Formulate and recommend policies and programs for the efficient and effective administration, survey, management and disposition of agricultural (alienable and disposable) lands of the public domain and other lands outside the responsibility of other government agencies; and advise the Secretary on matters involving land management and implementation of the Public Land Act.

3.3.10 Biodiversity Management Bureau (BMB)

• Formulate and recommend policies, guidelines, plans and programs for the management of an national integrated protected areas system (NIPAS) and other governance system, critical habitats, coastal and marine environment, wetlands, caves and other important biodiversity thematic areas, as well as conservation of biological resources including protection, conservation and sustainable use of wildlife resources in the country; conduct policy studies/researches on protected areas system, coastal and marine environment, wetlands, caves and other important biodiversity areas as well as sustainable utilization of biological resources including national parks and other ecotourism/recreational areas; monitor and assess the implementation of policies, guidelines, plans and programs on the conservation of biological diversity and other relevant laws, rules and regulations; develop partnerships and linkages in biodiversity conservation and management; provide technical assistance, coordination, integration and monitor compliance to international commitments relative to biodiversity conservation; and manage the Ninoy Aquino Parks and Wildlife Center (NAPWC) and the National Wildlife Rescue and Research Center (NWRRC). aDSIHc

3.3.11 Laguna Lake Development Authority (LLDA)

• Promote, and accelerate the development and balanced growth of the Laguna Lake area and the surrounding provinces, cities and towns within the context of the national and regional plans and policies for social and economic development and to carry out the development of the Laguna Lake region with due regard and adequate provisions for environmental management and control; preserve the quality of human life and ecological systems; and prevent undue ecological disturbances, deterioration and pollution in the area.

3.3.12 National Mapping and Resource Information Authority (NAMRIA)

• Provide the public with map making services, and act as the central mapping agency, depository and distribution facility for natural resources data in the form of maps, charts, texts, and statistics.

3.3.13 National Water Resources Board (NWRB)

•  Act as the lead government agency for the water sector in the Philippines in terms of water resources and potable water; and ensure the optimum exploitation, utilization, development, conservation and protection of the country's water resource consistent with the principles of "Integrated Water Resource Management".

3.3.14 Natural Resources Development Corp. (NRDC)

•  Promote the development of the country's natural resources; may conduct mining operation for the development of mineral resources, including seabed quarrying in seven (7) existing mineral reservations, offshore areas and submerged lands within the Philippine Territory; and collect the management fees, service fees, environmental user's fees and other fees in connection with Government Reclamation Projects.

3.3.15 Philippine Reclamation Authority (PRA)

•  Responsible for all government reclamation projects.

3.3.16 Philippine Mining Development Corporation (PMDC)

•  Conduct and carry on the business of exploring, developing, mining, smelting, and producing, transporting, storing, distributing, exchanging, selling, disposing, importing, exporting, trading and promotion of gold, silver, copper, iron, and all kinds of mineral deposits and substances; and to put up a world class mine in Diwalwal, Municipality of Monkayo, Compostela Valley Province.

3.3.17 Palawan Council for Sustainable Development Staff (PCSDS)

• Serve as the regular professional staff of the Palawan Council for Sustainable Development (PCSD) and provides the machinery to coordinate the policy and functions, implement programs, and organize services as required by the Council in the governance, implementation, and policy direction of the Strategic Environmental Plan for Palawan. PCSD is a policy-making, monitoring, coordinating, and implementing body. ETHIDa

II. DEFINITION OF TERMS

DECISION MAKER: The Heads of the various offices of the DENR or his/her duly authorized representative shall act as the Decision Maker (DM) and shall be responsible for all requests referred to his/her Office, particularly on:

1. The grant or denial of such requests, and/or;

2. The release of information, public records, or official records, in whole or in part.

The determination of the applicability of any of the exceptions to the request shall be the responsibility of the DM who shall be in control of the information, public record or official record.

DENR ANNUAL FOI REPORT: A report to be submitted each year to the Presidential Communications Operations Office (PCOO) by the DENR and its various offices detailing the administration of the FOI. Annual FOI Reports contain statistics on the number of FOI requests and appeals received, processed and pending to each government office.

DENR WEBSITE: Government portal for DENR FOI requests developed and maintained by the DENR and can be accessed at www.denr.gov.ph.

EXCEPTIONS: Information that should not be released and disclosed in response to an FOI request because they are protected by the constitution, laws and jurisprudence.

FOI CONTACT: The name, address, and contact details of DENR offices and Records Officers where information can be requested.

FOI RECORDS OFFICE: The primary contact at DENR where the requesting party can call and ask questions about the FOI process or the pending FOI request.

FOI REQUEST: A written request submitted to DENR office personally or by e-mail asking for records or information. The FOI request can generally be made by any Filipino to any DENR office.

FOI WEBSITE: The website that serves as the government's comprehensive FOI website for all information on the FOI. This can be accessed at www.eFOI.gov.ph.

FREEDOM OF INFORMATION (FOI): The Executive Branch recognizes the right of the people to information on matters of public concerns and adopts and implements a policy of full public disclosure of all its transaction involving public interest, subject to the procedure and limitations provided for in Executive Order No. 2. This right is indispensable to the exercise of the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making.

FREQUENTLY REQUESTED INFORMATION: Information released in response to an FOI request that the DENR determines have become or are likely to become the subject of subsequent request for substantially the same records.

GRANT/DENIAL OF REQUEST: Giving or non-giving of information or access to information whether in whole or in part.

INFORMATION: 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, or any other similar data 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 and executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.

INFORMATION FOR DISCLOSURE: Information promoting the awareness and understanding of policies, programs, activities, rules or regulations affecting the public, government agencies, community and the economy. It also includes information encouraging familiarity with the general operations, thrusts, and programs of the DENR. In line with the concept of proactive disclosure, this type of information is posted at the DENR websites without need for written requests.

NATIONAL SECURITY: Protection of a nation from attack or other danger by holding adequate armed forces and guarding state secrets.

OFFICIAL RECORDS: 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. cSEDTC

OPEN DATA: Publicly available data structured in a way that enables the data to be fully discoverable and usable by end users. It is consistent with the following principles of Public, Accessible, Described, Reusable, Complete, Timely and Managed Post-Release. This can be accessed at www.data.gov.ph.

PENDING REQUEST/APPEAL: A request/appeal that is still for decision of the RO/DM or person or office next higher in authority, respectively.

PERSONAL INFORMATION: Any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and can be directly ascertained by the entity holding the information or when put together with other information would directly and certainly identify an individual.

PROCESSED REQUEST/APPEAL: The number of requests/appeals received and acted upon by the various office of the DENR.

PUBLIC RECORDS: Information required by laws, executive orders, rules or regulations to be entered, kept, and made publicly available by a government office.

RECEIVED REQUEST/APPEAL: The number of requests/appeals received within the year.

RECORDS OFFICER: There shall be a Records Officer assigned at the various offices of the DENR who shall be responsible for the following:

1. Receive from the requesting party such request for information in the duly accomplished form provided by the concerned office of the DENR, herein marked as Annex "E", stating the minimum requirements such as: the name and contact information of the requesting party, proof of his/her identification or authorization, description of the information requested, and reason or purpose of the request for information.

2. Provide the requesting party reasonable assistance for the latter to comply with the requirements of the DENR.

3. Ensure that such request shall be stamped by the concerned office of DENR indicating the date and time of receipt thereof, complete name and position or designation of the receiving public officer or employee with the corresponding signature, and a copy thereof furnished to the requesting party; and encode the details of such request in the Document Tracking System (DTS) and allocate a computer-generated document number, if applicable.

4. Ensure that the concerned office of the DENR shall respond in writing to the requesting party indicating the grant or denial, in whole or in part, of access to information within 15 working days from receipt thereof.

5. Extend the period of response to the requesting party for another five (5) working days in case the information requested requires extensive search of office's records facilities, examination of voluminous records, or requires more time due to fortuitous events or analogous cases unless exceptional circumstances warrant a longer period.

6. Inform the requesting party, in writing, of any applicable fees to be paid in case of grant of the request to cover any cost for the reproduction of the information required subject to existing rules and regulations.

7. Notify the requesting party, in writing, of the ground/s and circumstance/s for the denial of such request. Failure to notify within the 15 working day period shall be deemed a denial of such request for access to information.

8. Forward or refer and provide assistance to the Decision Maker (DM) any written document of the requesting party questioning his/her action in denying reproduction of any document under his/her custody classified as restricted/limited.

9. Refer to the proper or appropriate office of any request for information, public records, or official records that has custody of such records.

10. No longer act on unreasonable subsequent identical or substantially similar request from the same requesting party whose previous request was already granted or denied by the same office of the DENR.

11. Inform the requesting party of the fact that the information requested was already uploaded in the DENR website.

12. Release all applications of the requesting parties for information which were approved or denied.

13. Monitor all requests and actions pertaining to FOI and submit monthly reports to the DM. SDAaTC

REFERRAL: The requested information is not within the jurisdiction of the receiving office, the same will be forwarded to the concerned DENR office or agency.

SENSITIVE PERSONAL INFORMATION: As defined in the Data Privacy Act of 2012, shall refer to personal information:

1. About an individual race, ethnic origin, marital status, age, color, and religious philosophical or political affiliations;

2. About an individual health, education, genetic or sexual life of a person, or to any proceedings for any offense committed or alleged to have committed by such person, the disposal of such proceedings or the sentence of any court in such proceedings;

3. Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses and its denials, suspension or revocation, and tax returns; and

4. Specifically established by an executive order or an act of Congress to be kept classified.

TRADE SECRET: Information, including a formula, pattern, compilation, program, device, method, technique, or process, that derives independent economic value, actual or potential, from not being generally known to or readily ascertainable through appropriate means by other persons who might obtain economic value from its disclosure or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

III. PROMOTION OF OPENNESS IN GOVERNMENT

1. Duty to Publish Information. The DENR shall regularly publish, print and disseminate at no cost to the public and in an accessible form, in conjunction with Republic Act No. 9485 (The Anti-Red Tape Act of 2007), and through their website, timely, true, accurate and updated key information including, but not limited to:

1.1 A description of its mandate, structure, powers, functions, duties and decision-making processes;

1.2 A description of the frontline services (Service Excellence through Continuous Systems Innovation Monitoring and Evaluation (SECSIME)) it delivers and the procedure and length of time by which they may be availed of;

1.3 The names of its key officials, their powers, functions and responsibilities, and their profiles and curriculum vitae;

1.4 Work programs, development plans, investment plans, projects, performance targets and accomplishments, and budgets, revenue allotments and expenditures;

1.5 Important rules and regulations, orders or decisions;

1.6 Current and important database and statistics that it generates;

1.7 Bidding processes and requirements; and

1.8 Mechanisms or procedures by which the public may participate in or otherwise influence the formulation of policy or the exercise of its powers.

2. Accessibility of Language and Form. The DENR shall endeavour to translate key information into major Filipino languages and present them in popular form and means.

3. Keeping of Records. The DENR shall create and/or maintain in appropriate formats, accurate and reasonably complete documentation or records, policies, transactions, decisions, resolutions, enactments, actions, procedures, operations, activities, communications and documents received or filed with them and the data generated or collected.

IV. PROTECTION OF PRIVACY

While providing for access to information, the DENR shall afford full protection to a person's right to privacy, as follows:

1. The DENR shall ensure that personal information, particularly sensitive personal information, in its custody or under its control is disclosed only as permitted by existing laws; acEHCD

2. The DENR shall protect personal information in its custody or under its control by making reasonable security arrangements against unauthorized access, leaks or premature disclosure;

3. The RO, DM, or any employee or official who has access, whether authorized or unauthorized, to personal information in the custody of the DENR, shall not disclose that information except as authorized by existing laws.

V. STANDARD OPERATING PROCEDURES (See Annex "D" for flowchart)

1. Basic Procedures:

1.1 Requesting party to submit to the RO his/her request for information in the duly accomplished form provided by the concerned office of the DENR with supporting documents required by the said office.

1.2 RO to provide assistance to the requesting party in complying with the requirements provided by the concerned office of the DENR.

1.3 RO to stamp "RECEIVED" the written request for information of the requesting party indicating the date and time of receipt thereof, his/her complete name and position or designation with the corresponding signature, and a copy thereof furnished to the requesting party; encode the details of such request in the Document Tracking System (DTS) and allocate a computer-generated document number, if applicable.

1.4 RO to inform the requesting party in writing within 15 working days from receipt of the latter's written request the grant or denial, in whole or in part, of access to information indicating the reasons thereof, the applicable fees to be paid in case of grant of request. The period of response may be extended for another 5 working days in case the information requested requires extensive search of office's records facilities, examination of voluminous records, or requires more time due to fortuitous events or analogous cases unless exceptional circumstances warrant a longer period. Failure to notify the requesting party within the 15 working days or 5 working days extended period shall be deemed a denial of such request for access to information.

1.5 RO to refer to the Decision Maker (DM) any written document of the requesting party questioning the former's action in denying reproduction of any document under his/her custody on the basis of exceptions stated in Annex "C". The RO shall also refer to any appropriate office any request for information on documents or records which are not available in the concerned office of the DENR. The RO may no longer act on unreasonable subsequent identical or substantially similar request from the same requesting party whose previous request was already granted or denied by the same office of the DENR.

1.6 DM to act on any request referred to by the RO within 3 working days from receipt of such referral and to inform the RO of his/her action.

1.7 RO to release to the requesting party all applications/requests for information, official or public records indicating the reasons for approval of denial thereof.

VI. REMEDIES IN CASE OF DENIAL OF REQUEST

Denial of any request for access to information falling under the exceptions provided in Annex "C" may be elevated by the requesting party to the person or office next higher in the authority by filing the written appeal within 15 calendar days from notice of denial or from lapse of the period to respond to the request. The appeal shall be decided within 30 working days from receipt of such appeal. Failure of such person or office to decide within the said period shall be deemed a denial of the appeal. Upon exhaustion of administrative remedies, the requesting party may file the case in the proper court.

VII. FEES

1. The RO shall immediately notify the requesting party in case there shall be a reproduction/authentication fee in order to provide the information. Such fee shall be the actual amount spent by the DENR in providing the information to the requesting party.

2. The DENR may provide digital or electronic copy.

VIII. ADMINISTRATIVE LIABILITY

1. Non-compliance with FOI. Failure to comply with the provisions of DENR FOI Manual may be ground for administrative and disciplinary sanctions against any erring public officer/employee as provided under Civil Service Commission and other existing laws, rules and regulations.

1.1. 1st Offense — Reprimand;

1.2. 2nd Offense — Suspension of one (1) to thirty (30) days; and

1.3. 3rd Offense — Dismissal from the service.

2. Procedure. The Revised Rule on Administrative Cases in the Civil Service Commission shall be applicable in the disposition of cases under this Manual. SDHTEC

3. Provisions for More Stringent Laws, Rules and Regulations. Nothing in this Manual shall be construed to derogate from any law, any rules, or regulation prescribed by any body or agency which provides for more stringent penalties.

ANNEX A

Executive Order No. 2

ANNEX B

RECORDS OFFICERS OF THE VARIOUS OFFICES OF THE DENR

ANNEX C

LIST OF EXCEPTIONS

1. Any information that directly relates to national security or defense and its revelation may cause grave damage to national security or internal or external defense of the state.

 At the very least, this jurisdiction recognizes the common law holding that there is a governmental privilege against public disclosure with respect to state secrets regarding military, diplomatic and other national security matters.

2. Executive privilege involving information relating to the President as Commander-in-Chief, appointing, pardoning authority and diplomatic powers.

3. Any information pertaining to the foreign affairs of the Republic of the Philippines, when its revelation or disclosure, shall unduly weaken the negotiating position of the government in an ongoing bilateral or multilateral negotiation or seriously jeopardize the diplomatic relations of the Philippines with one or more states.

4. Any information or inter-government exchanges prior to the conclusion of treaties and executive agreements may be subject to reasonable safeguards for the sake of national interest.

5. Disclosure of information on the Presidential communication's privilege.

6. Any information requested which pertains to internal or external defense, law enforcement and border control, when the disclosure thereof may: AScHCD

6.1 Lead to the disclosure of the identity of a confidential source, including a government, or foreign agency or authority or any private institution which furnished information on a confidential basis and, in the case of a record or information compiled by a law enforcement authority or agency, in the course of an intelligence investigation involving national security.

6.2 Disclosure of legitimate techniques, procedures and guidelines for law enforcement investigations or prosecutions if such disclosure could reasonable result to circumvention of the law.

6.2.1 Endanger the life, safety and security of any individual.

6.2.2 Deprive a person of the right to a fair trial and impartial adjudication.

7. On criminal matters such as classified law enforcement information relating to the apprehension, prosecution and detention of criminals, which the courts may not inquire into prior to such arrest, prosecution and detention.

8. Disclosure of confidential source, investigation proceedings, and records of assigned hearing officers, investigators, and deputized inspectors, when the premature disclosure thereof may result to the endangering the life, safety and security of any individual, and pre-empt the resolution of a case.

9. Disclosure of proceedings before the Committee on Decorum and Investigation (CODI) during preliminary investigation.

10. Personal and sensitive information concerning natural persons resulting in invasion of privacy unless waived in writing by the person concerned pursuant to Republic Act No. 10173 (Data Privacy Act of 2012).

11. Prohibition of disclosure of the identity of persons who furnish information on any violation of the law to public officers.

12. Disclosure of information such as drafts of proceedings, orders, resolutions, decisions, memoranda or audit reports by any administrative or quasi-judicial body in the exercise of its regulatory and adjudicatory functions.

13. Information pertaining to trade secrets and commercial or financial information submitted by a natural or juridical person obtained in confidence or covered by privileged communication, and/or filed in connection with an application in a government agency, the revelation of which would prejudice the interests of such natural or juridical person in trade, industrial, financial or commercial competition.

14. Any information related to the Republic Act 9160 (Anti-Money Laundering Act of 2001 as amended).

15. Disclosure of confidential information under the National Internal Revenue Code.

16. Disclosure of information related to the Republic Act No. 8293 (Intellectual Property Rights Act).

17. Disclosure of information related to the Republic Act No. 10055 (Philippine Technology Transfer Act of 2009).

18. Disclosure of information related to the Republic Act 9285 (Alternative Dispute Resolution Act of 2004).

19. Disclosure of information on an on-going evaluation, review of bids or proposals being undertaken by the Bids and Awards Committee (BAC) or its technical working group (TWG) which are not yet considered as official acts, transactions, or decisions.

20. Disclosure of information related to identity of news informants or sources under Republic Act No. 1477 (The Shield Law).

21. Disclosure of information in violation of Republic Act No. 4200 (The Anti-Wiretapping Law).

22. Disclosure of Statement of Assets, Liabilities and Net Worth shall be subject to approval of the Office of the Ombudsman and/or the Civil Service Commission (CSC).

23. Disclosure of information concerning the nature and specific location of a potentially significant cave pursuant to Republic Act No. 9072 (National Caves and Cave Resources Management and Protection Act of 2001).

24. Any information which may put business operations at risk, and other application data in connection with application for various pollution permits pursuant to Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990).

25. Any data in the course of applying for an Environmental Compliance Certificate (ECC) pursuant to Presidential Decree No. 1586 (Philippine Environmental Impact Statement System). AcICHD

26. During the lifetime or existence of a mining permit, results of metallurgical analysis-(Fire Assay/Chemical Analysis), results of test, documents submitted by the mining clients in support of their mining applications, feasibility study of mining companies, company's drilling report, mineral resource report, final exploration report declaring a mineral resources inventory, and geologic reports.

27. Philippine Geo-portal Data from Philippine Institute of Volcanology and Seismology (ground rapture, active fault) and Lands Management Bureau (parcel data, municipal boundary data); location of mirror server; raw and processed hydrographic surveys singlebeam and multibeam data; and confidential documents and information such as charts/maps related to territorial and other claims.

ANNEX D

FOI REQUEST FLOW CHART

ANNEX E

FOI REQUEST FORM

ANNEX F

February 11, 2000

DENR ADMINISTRATIVE ORDER NO. 16-00

SUBJECT : Rates of Fees for Certain Administrative Services Rendered

Pursuant to Section 54, Chapter 12, Book IV of Executive Order No. 292 (Administrative Code), Executive Order No. 159 dated February 23, 1994 and Memorandum Order No. 199 dated April 01, 1994, Malacañang, and in order to ensure proper, uniform of fees, the following rates of fees for certain administrative services rendered by Legal Service, Records Management and Documents Division and other offices of the Department of Environment and Natural Resources are hereby prescribed:

	-Nature of Service/s	Amount of Fees
1.	Appeal or petitions filed against decisions or order	P500.00
2.	Authentication of any official records or documents	50.00
3.	Certification of any document or information based on records	25.00
4.	Copy fee for every page/sheet of official records or documents	5.00

This order shall take effect immediately.

 

(SGD.) ANTONIO H. CERILLES

Secretary

ANNEX G-1

DOCUMENT AVAILABLE ON FILE

DATE

Dear _________________,

Makakalikasang araw po sa inyo!

This is to acknowledge receipt of your letter-request dated _________________ for photocopy/authentication <insert data>.

Your request

Your request for <quote request exactly, unless it is too long/complicated>.

Response to your request

Please be informed that your FOI request is hereby granted. You are requested to visit this office and settle the prescribed fees in the amount of P _________________.

Thank you and we are happy to serve you.

Respectfully,

__________________

FOI Records Officer

ANNEX G-2

DOCUMENT AVAILABLE ONLINE

DATE

Dear _________________,

Makakalikasang araw po sa inyo!

This is to acknowledge receipt of your letter-request dated _________________ for photocopy/authentication <insert data>.

Your request ICHDca

Your request for <quote request exactly, unless it is too long/complicated>.

Response to your request

Please be informed that the information you have requested is already available online from our website, www.denr.gov.ph or from <add details of where that specific information can be obtained e.g., data.gov.ph, foi.gov.ph or other government websites>.

Thank you and we are happy to serve you.

Respectfully,

__________________

FOI Records Officer

ANNEX G-3

DOCUMENT NOT AVAILABLE

DATE

Dear _________________,

Makakalikasang araw po sa inyo!

This is to acknowledge receipt of your letter-request dated _________________ for photocopy/authentication <insert data>.

Your request

Your request for <quote request exactly, unless it is too long/complicated>.

Response to your request

As much as we want to provide you the requested information, we regret to inform you that we do not have this on file. However, we have referred your request to the Office of <insert name of other authority/organization> at <contact details> for they may possibly address your concern.

Thank you and we are happy to serve you.

Respectfully,

__________________

FOI Records Officer

ANNEX G-4

DOCUMENT UNDER EXCEPTIONS

DATE

Dear _________________,

Makakalikasang araw po sa inyo!

This is to acknowledge receipt of your letter-request dated _________________ for photocopy/authentication <insert data>. TCAScE

Your request

Your request for <quote request exactly, unless it is too long/complicated>.

Response to your request

Please be informed that as much as we want to serve you, the information/record you have requested falls on the List of Exceptions under Annex "C" <insert specific section/number of the List of Exceptions that applies to that information>. The reasons why that exemption(s) applies are explained in the attached document. (Attach supporting documents, if necessary).

Thank you and we are happy to serve you.

Respectfully,

__________________

FOI Records Officer

Published in Malaya Business Insight on February 1, 2017.