Freedom of Information Manual (FOI) Manual

2016

PRIVATIZATION AND MANAGEMENT OFFICE (PMO)

FREEDOM OF INFORMATION (FOI) MANUALExecutive Order No. 02, series of 2016)

1. INTRODUCTION

The Privatization and Management Office (PMO) is a government agency under the Department of Finance, created pursuant to Executive Order No. 323 (E.O. 323) by the former president Joseph E. Estrada on December 6, 2000 for the purpose of continuing privatization of government assets and corporations.

Prior to the creation of PMO, structural reforms have been instituted in the public sector since 1986. The government embarked on a privatization program that was authorized under Proclamation No. 50 issued on December 8, 1986. This program was implemented by the Asset Privatization Trust (APT) under the guidance of an inter-agency Committee on Privatization (COP) and intended to reduce substantially the size of the government corporate sector by limiting government corporations to areas where private sector involvement is not feasible, or where intervention can favor disadvantaged sectors of society. The term of the COP and APT expired on December 31, 2000.

On November 17, 2005, then President Gloria Macapagal-Arroyo issued E.O. 471, directing the merger of the Board of Liquidators (BOL) and the Privatization and Management Office (PMO), in which PMO is the surviving entity. As such, the administrative policies and operational guidelines of the PMO shall govern all transactions and disposition of the assets of the BOL.

1.1 What is Executive Order No. 02, series of 2016 (EO 2, s. 2016)?

   The Executive Order was issued with a view to enforce the constitutionally guaranteed right of the people for public disclosure of government transactions involving public interest. It is meant to enhance transparency and accountability in government official acts, transactions, or decisions. It is entitled:

"Operationalizing in the Executive Branch the People's Constitutional Right to Information and the State Policies to Full Public Disclosure and Transparency in the Public Service and Providing Guideline Therefor"

   In light of the above Executive Order No. 02, s. 2016, PMO has created a manual which aims to provide guidance and assistance to Officers and employees of PMO dealing with requests for copies of official documents or public records in the official custody of this Office pursuant to Executive Order No. 02, series of 2016.

1.2 What part of the government is covered by the EO No. 02?

   All government offices under the Executive Branch, including but not limited to the National Government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or controlled corporations, and state universities and colleges. (Sec. 2, EO 2, s. 2016).

1.3 What kind of information can be obtained?

Any official records, public records, documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development (Sec. 3, EO 2, s. 2016). CAIHTE

2. DEFINITION OF TERMS

CRU	Central Receiving Unit. Where FOI Request Forms are initially received and stamped.
DOJ	Department of Justice. Provides and updates the inventory of documents or information that are excepted from the coverage of FOI together with the OSG.
DPO/DC	Deputy Privatization Officer/Division Chief. The head of a particular division/office in the PMO. An officer that approves or denies FOI requests.
Executive Branch of the Government	Oversee the compliance of each office, bureaus, departments, instrumentalities under its jurisdiction with the provisions of EO 2, s. 2016.
FOI	Freedom of Information. Constitutionally guaranteed right of the people to have access to information which involves the public interest.
FOI Manual	Guidelines to follow in effecting or processing request pursuant to EO 2, series of 2016.
Information	Any records, documents, papers, reports, etc., as defined in Sec. 1, EO 2, s. 2016.
Private Courier	The private or non-government company engaged in mailing services.
Official Record(s)	Any 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.
OSG	Office of the Solicitor General. Provides and updates the list of documents or information that are exempt from the coverage of FOI together with the DOJ.
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, directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
	The term shall cover information about a natural person, whether from the public or the private sector, the disclosure of which would constitute an unwarranted invasion of his or her personal privacy, which may include signatures, addresses, telephone numbers, identification numbers, photographs, family members, or similar information.
Philippine Postal Service	The official mail courier of the Philippine Government.
PMO	Privatization and Management Office. An office under the Department of Finance tasked of disposition or management of identified government assets.
DIO	Division Information Officer. The assigned personnel in a division that keeps certain records or information.
Public Record(s)	These are information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.
RO	Records Officer. The custodian of official records or documents kept by the PMO.
Rules of Court	Contains procedural rules to be followed in the conduct of judicial proceedings.
Requester	Any person qualified to make an FOI request pursuant to sec. 3, EO 2, s. 2016.
SALN	Statement of Assets, Liabilities and Net worth.

3. REQUEST OF ACCESS TO RECORDS (Sec. 3, EO No. 02, s. of 2016)

This section defines the process and provides the guidelines to follow in requesting records or information from the designated Records Officer (RO).

3.1 Who can make a request?

    Pursuant to Section 3, EO No. 2, s. 2016, any Filipino person or entity may make a request. This includes any corporation, partnership, or association duly recognized by Philippine laws.

3.2 How quickly should an agency respond?

   The designated RO must respond to the request as soon as practicable but not exceeding fifteen (15) working days from receipt of the request form and other requirements.

   However, the DIO may ask for an extension in the processing of request if the information being requested requires extensive search, examination of voluminous records, fortuitous events or natural calamities and other similar cases. The extension will not exceed twenty (20) working days excluding the mandated fifteen (15) working days to act on the request, unless exceptional circumstances, as determined by PMO, warrant a longer period.

   Unless otherwise agreed upon by both parties, the requested documents will be mailed by the PMO through the Philippine Postal Service or private courier companies, at the option of the requester, upon payment of applicable fees. The requester shall be asked to state clearly their complete mailing address.

3.3 How many times can I make a request?

   There is no prescribed limit on the number of request. However, the government office is not required to act upon an unreasonable subsequent identical or substantially similar request from the same requesting party whose request has already been previously granted or denied (Sec. 11, EO 2, s. 2016).

3.4 Request of personal information of PMO's Officers and Staff

 In providing access to information, public records, and official records, the responsible officers shall afford full protection to the right to privacy of the individual, as follows:

a. Personal information in the custody or under the control of PMO is disclosed or released only if it is material or relevant to the subject-matter of the request and its disclosure is permissible under this Manual or existing law, rules or regulations; DETACa

b. PMO must protect personal information in its custody or control by making reasonable security arrangements against leaks or premature disclosure of personal information which may unduly expose the individual whose personal information is requested for purposes of vilification, harassment or any other wrongful acts;

c. Any employee, agent, consultant, contractor, or official of PMO who has access, authorized or unauthorized, to personal information in the custody of the office, must not disclose that information except when authorized pursuant to existing laws, rules or regulations.

d. PMO, at its sole discretion may classify certain information as "Personal Information" in order to protect the privacy and security of its staff, as the circumstances warrant.

3.5 How to make a request

3.5.1 Completely fill-up the PMO FOI Request Form and attach a photocopy of one (1) valid proof of identification and mail it to PMO's address or send it to PMO's email at FOI@pmo.gov.ph. This form can be downloaded from the PMO webpage at no cost. Walk-in requester(s) can also fill up the FOI request form at the CRU, 3rd floor of PMO Building. PMO will follow the 15 days and 20 days maximum rule to respond to the walk-in request pursuant to Sec. 9 of EO No. 02, series of 2016.

 For follow-up or inquiries, you may contact the Central Receiving Unit at telephone number (02) 892-1711.

3.5.2 The request should state the following:

a. name and contact information of the requesting party;

b. valid proof of his identification or authorization;

c. reasonable and specific description of the information requested;

d. reason for, or purpose of, the request for information; and

e. requested mode of release of information (email or pick-up).

3.5.3 PMO receives the FOI request thru hand carry, mail, email or facsimile. The PMO FOI Request Form will be forwarded to the PMO's Central Receiving Unit (CRU) where a barcode will be placed to determine when it was received, the time received and the requester's information.

3.5.4 CRU will forward the soft copy of the PMO FOI Request Form to the RO who will locate the documents requested and if found/available, will reproduce it. If it is not found after diligent effort, RO will refer the request to DIF for checking of availability of document in their records. The initial evaluation of the request shall be completed by the CRU within one (1) working day from the filing of the request, immediately after which the CRU shall forward the PMO FOI Request Form with recommendation/s to the RO. The RO or DIF will then forward the request to DPO for approval or denial.

3.5.5 If the request is approved, RO will notify the requester, through writing or telephone, within 15 days or 20 days as the case may be, that document(s) being requested or part of the document requested is/are in PMO's custody and the applicable fees e.g., Philippine Postal Service or private courier fees, at the option of the requester, to be charged. Requested documents are stamped by the RO evidencing that the photocopied document is the subject of the request.

   If the document(s) is/are not found in PMO's custody or part of the requested document(s) is/are in the list of exempted documents not subject of the FOI as provided for by the DOJ and OSG and circularized by the OP, RO will inform the requester thru mail, email or telephone of non-availability of the requested documents or the denial in whole or in part, as the case may be, and states the reason thereof.

3.5.6 Fees can be paid thru PMO Landbank Account No. 1802-1011-51. Requester should email or fax the LBP deposit slip indicating full payment of the applicable fees before RO mails the requested document(s). RO may also email or fax the documents as initial copies at the option of the requester.

3.5.7 RO will monitor if the requester received the documents.

4. FLOWCHART FOR REQUEST

5. FEES AND CHARGES

Table of fees and charges: aDSIHc

KIND	FEES
	As of September 22, 2016
Photocopy	PhP4.00 per page
Certification	PhP20.00 per type of document
Mailing (for mail or email request)	Special Delivery (1 month) — PhP15.00
	Registered mail (1 week) — PhP50.00
	Private Courier — price varies
*fees may vary depending on the location and the weight of the document.

6. NOTICE OF DENIAL

Upon receipt of PMO FOI request form and PMO denies in whole or in part the requested documents, the requester will be notified within 15 days or as soon as practicable, the ground or grounds for denial and the circumstances on which the denial is based, failure to notify the requester of such denial shall be deemed a denial of the request for access to information.

7. REMEDIES IN CASES OF DENIAL OF REQUEST

a. Upon receipt of the notice of denial, the same person making the request may file a written appeal to the OCPO within 15 working days from the receipt of the notice of denial or from the lapse of the relevant period to respond to the request. The form for appeal may be downloaded from the PMO website.

b. The OCPO will decide the appeal made within 30 working days from the filing of the written appeal. Failure of the OCPO to decide within the aforestated period shall be deemed a denial of the appeal.

c. Upon denial by the OCPO of the written appeal, the requester may file the appropriate case in the proper courts in accordance with the Rules of Court.

8. FLOWCHART FOR APPEAL

9. RESPONSIBLE OFFICERS

 

DESIGNATION	ROLE
Central Receiving Unit (CRU)	Receives the request, assigns the barcode, and stamps with date and time of receipt. Forwards the copy of the request to the Records Officer for processing.
Records Officer (RO)	Receives the copy of the request form from the (CRU). Checks the availability of the requested information/document. Forwards the request to the Deputy Privatization Officer (DPO) of the Division concerned for determination of whether to approve or deny the request. Mails letter of approval/denial or non-availability to the requester. Tracks the process of the request.
Deputy Privatization Officer (DPO)	Decides within 15 days, whether to approve or deny the request or if the information requested falls under the exceptions. Recommends the release of the requested information or documents to the RO.
Office of the Chief Privatization Officer (OCPO) or his/her designated officer	Reviews the appeal and decide whether to give due course to the appeal or not within 30 days.
Division's Information Officer (DIO)	Assigned personnel in a division which handles specific assets/accounts.

 

10. DOCUMENTS NOT COVERED BY THE FOI

The Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence. These exceptions are stated in the Inventory provided by the Department of Justice and the Office of the Solicitor General as mandated by Section 4, EO 2, s. of 2016.

Furthermore, in providing access to information, public records, and official records, the responsible officers shall afford full protection to the right to privacy of the individual, as stated in provision 3.4 of this manual.

APPENDICES

11. FOI REQUEST FORM

Request for Access to Records

12. FOI APPEAL FORM

Appeal Form

13. CERTIFICATE OF NON-AVAILABILITY

Privatization and Management Office104 Gamboa St., Legaspi Village

CERTIFICATE OF NON-AVAILABILITY

This is to certify that diligent examination of the current records of this Office has been conducted and as of the date of this certificate, the requested information/document(s) is/are not found in PMO's custody or part of the requested document(s) nor is/are in the list of exempted documents not subject of the FOI as provided for by the DOJ and OSG and circularized by the OP.

Issued pursuant to Executive Order No. 02, series of 2016, for whatever legal purpose it may serve.

Done this _____ day of __________, _____.

________________________

14. LETTER OF APPROVED REQUEST

Privatization and Management Office104 Gamboa St., Legaspi Village

DATE

 

NAME OF REQUESTER

Dear __________:

This is to inform you that your request for a copy of _________________ has been approved and is ready for reproduction.

Please pay a total of Php__________ to Landbank account no. 1802-1011-51. This amount represents the reproduction and mailing fee. Upon receipt of your payment, the document will be mailed at the address that you have provided in the FOI Request Form.

Please send thru fax a copy of the deposit slip at (02) 892-1711 or email at FOI@pmo.gov.ph.

Should you have any inquiries, you may contact us at (02) 892-1711.

Thank you. TIADCc

Very truly yours,

______________________

15. LETTER OF DENYING A REQUEST

Privatization and Management Office104 Gamboa St., Legaspi Village

DATE

NAME OF REQUESTER

Dear __________:

This is to inform you that your request for a copy of _________________ has been DENIED due to:

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

As provided for in Sec. 13, EO 2, series of 2016, you may appeal the denial of your request within fifteen (15) days from receipt of this letter. Otherwise, the denial of your request is final.

Should you have any inquiries, you may contact us at (02) 892-1711.

Thank you.

Very truly yours,

______________________

16. ENDORSEMENT SLIP

Freedom of Information (FOI)Endorsement Slip

17. STAMPS

ATTACHMENTS

Executive Order No. 2

Memorandum from the Executive Secretary

Republic Act No. 10173

Executive Order No. 323