GAB Agency's Freedom of Information Manual

November 23, 2016

GAB AGENCY'S FREEDOM OF INFORMATION MANUAL

SECTION I. Overview. —

1. Purpose of the Manual: The purpose of this FOI Manual is to provide the process to guide and assist the Games and Amusements Board (GAB) as an agency of the government, including its Central and regional offices, in dealing with requests of information received under Executive Order (E.O.) No. 2 on freedom of Information (FOI). (Annex "B")

2. Structure of the Manual: This manual shall set out the rules and procedures to be followed by the GAB Central and Regional offices, when a request for access to information is received. The GAB Members of the Board are responsible for all actions carried out under this Manual and delegate this responsibility to specific officers. The GAB Members of the Board may delegate a specific officer to act as the FOI Decision Maker (FDM) and shall have overall responsibility for the initial decision on FOI request, (i.e., to decide whether to release all the records, partially release the records or deny access.)

3. Coverage of the Manual: The manual shall cover all requests for information directed to the GAB Central and Regional Offices as follows:

4. FOI Receiving Officer: There shall be a Head FOI Receiving Officer (FRO) designated at the Games and Amusements Board. The FRO shall hold office at the GAB Central Office located at 2nd Floor Legaspi Towers 200, Paseo de Roxas 1226, Makati City, Philippines. HTcADC

The functions of the Head FRO shall include receiving on behalf of the Games and Amusements Board, including its Central and Regional Officers, all requests for information and forward the same to the appropriate office which has custody of the records; monitoring of all FOI requests and appeals; providing assistance to the FOI Decision Maker; providing assistance and support to the public and staff with regard to FOI; compiling statistical information as required; and, conducting initial evaluation of the request to advise the requesting party whether the request will be forwarded to the FOI Decision Maker for further evaluation, or be denied based on the following grounds:

a. That the form is incomplete; or

b. That the information is already disclosed in the GAB's Official Website or at data.gov.ph

Regional Offices of the Games and Amusements Board shall also assign their respective FROs. (Annex "C")

5. FOI Decision Maker: There shall be an FOI Decision Maker (FDM), designated by the GAB Members of the Board, who shall conduct evaluation of the request for information and has the authority to grant the request, or deny it based on the following:

a. The Games and Amusements Board does not have an information requested;

b. The information requested contains sensitive personal information protected by the Data Privacy Act of 2012;

c. The information requested falls under the list of exceptions to FOI; or

d. The request is unreasonable or subsequently identical or substantially similar to the request from the same requesting party previously granted or denied by the Games and Amusements Board.

6. Central Appeals and Review Committee: There shall be a central appeals and review committee composed of: the two (2) Board Members or Commissioners and the Chief Legal Officer; to review and analyze the grant or denial of request of information. The Committee shall also provide expert advice to the Chairman or the Head of the Agency on the denial of such request.

7. Approval and Denial of Request to Information: The Decision Maker shall approve or deny all requests of information. In case where the Decision Maker is on official leave, the GAB Members of the Board may delegate such authority to any GAB Officer.

SECTION II. Definition of Terms. —

CONSULTATION. When a government office/division/unit locates a record that contains information of interest to another office/division/unit, it will ask for the views of that other office/division/unit on the disclosability of the records before any final determination is made. This process is called a "consultation."

data.gov.ph. The Open Data website that serves as the government's comprehensive portal for all public government data that is searchable, understandable, and accessible.

eFOI.gov.ph. The website that serves as the government's comprehensive FOI website for all information on the FOI. Among many other features, eFOI.gov.ph provides a central resource for the public to understand the FOI, to locate records that are already available online, and to learn how to make a request for information that is not yet publicly available. eFOI.gov.ph also promotes agency accountability for the administration of the FOI by graphically displaying the detailed statistics contained in Annual FOI Reports, so that they can be compared by agency and over a period of time.

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

FREEDOM OF INFORMATION (FOI). The Executive Branch recognizes the right of the people to information on matters of public concern, and adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to the procedures and limitations provided 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.

FOI CONTACT. The name, address and phone number of the agency where you can make a FOI request. DETACa

FOI REQUEST. A written request submitted to government office personally or by email asking for records or any topic. A FOI request can generally be made by any Filipino to any government office.

FOI RECEIVING OFFICE. The primary contact at each agency where the requesting party can call and ask questions about the FOI process or the pending FOI request.

FREQUENTLY REQUESTED INFORMATION. Information released in response to FOI request that Games and Amusements Board determines to become or are likely to become the subject or subsequent request for substantially the same records.

FULL DENIAL. When the Games and Amusements Board including its Regional Offices cannot release any records in response to FOI request, because, for example, the requested information is exempt from disclosure in its entirety or no records responsive to the request could be located.

FULL GRANT. When the Games and Amusements Board is able to disclose all records in full response to a FOI request.

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 recorder, 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 transactions of official business by any government office.

INFORMATION FOR DISCLOSURE. Information promoting the awareness and understanding of policies, programs, activities, rules or revisions affecting the public, government agencies, and the community and economy. It also includes information encouraging familiarity with the general operations, thrusts, and programs of the government. In line with the concept of proactive disclosure and open data, these types of information can already be posted to government websites, such as data.gov.ph, without need for written requests from the public.

MEMBERS OF THE BOARD. The GAB Members of the Board are composed of the Chairman and the two Commissioners.

MULTI-TRACK PROCESSING. A System that divides incoming FOI request according to their complexity so that simple requests requiring relatively minimal review are placed in one processing track and more complex requests are placed in one or more tracks. Requests granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out basis.

OFFICIAL RECORD/S. 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.

OPEN DATA. Refers to publicly available data structured in a way that enables the data to be fully discoverable and usable by end users.

PARTIAL GRANT/PARTIAL DENIAL. When the Games and Amusements Board is able to disclose portions of the records in response to FOI request, but must deny other portions of the same request.

PENDING REQUEST OR PENDING APPEAL. An FOI request administrative appeal for which the Games and Amusements Board has not taken final action in all respects. It captures anything that is open at a given time including requests that are all well within the statutory response time.

PERFECTED REQUEST. An FOI request, which reasonably describes the records sought and is made in accordance with the GAB's regulations.

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

PROACTIVE DISCLOSURE. Information made publicly available by the Games and Amusements Board without waiting for a specific FOI request. The Games and Amusements Board now posts on its websites a vast amount of material concerning its functions and mission.

PROCESSED REQUESTS OR PROCESSED APPEALS. Requests or appeals where the agency has completed its work and sent a final response to the requester.

PUBLIC RECORDS. Shall include information required by laws, executive orders, rules, or regulations to be entered, kept, and made publicly available by a government office. ATICcS

RECEIVED REQUEST OR RECEIVED APPEAL. An FOI request or administrative appeal that the Games and Amusements Board has received within a fiscal year.

REFERRAL. When the Games and Amusements Board locates a record that originated with, or is of otherwise primary interest to another agency, it will forward that record to the other agency to process the record and to provide the final determination directly to the requester. This process is called a "referral."

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

a. About an individual's race, ethnic origin, marital status, age, colour, and religious philosophical or political affiliations;

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

c. Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, license or its denials, suspensions or revocations, and tax returns; and

d. Specifically established by an Executive Order or an act of Congress to be kept classified.

SIMPLE REQUEST. A FOI request that the Games and Amusements Board anticipates will involve a small volume of material or which will be processed relatively quickly.

SECTION III. Promotion of Openness in Government. —

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

a. A description of its mandate, structure, powers, functions, duties and decision-making process.

b. A description of the frontline services it delivers and the procedure and length of time by which they may be availed of;

c. The names of its key officials, their power, functions and responsibilities, and their profiles and curriculum vitae;

d. Works programs, development plans, investment plans, projects, performance targets and accomplishments, and budgets, revenue allotments and expenditures;

e. Important rules and regulations, orders or decisions;

f. Current and important database and statistics that it generates;

g. Bidding processes and requirements; and

h. Mechanism 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 Games and Amusements Board shall endeavour to translate key information into major Filipino language and present them in popular forms and means.

3. Keeping of Records. The Games and Amusements Board shall create and/or maintain appropriate formats, decisions, resolutions, enactments, actions, procedures, operations, activities, communications and documents received or filed with them and the data generated or collected.

SECTION IV. Protection of Privacy. —

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

a. The Games and Amusements Board shall ensure that personal information, particularly sensitive personal information, in its custody or under its control is disclosed only as permitted by existing laws;

b. The Games and Amusements Board shall protect personal information in its custody or under its control by making reasonable security arrangements against unauthorized access, leaks or premature disclosure;

c. The FRO, FDM, or any employee or official who has access, whether authorized or unauthorized, to personal information in the custody of the Games and Amusements Board, shall not disclose that information except as authorized by existing laws.

SECTION V. Standard Procedure (Pls. See Annex E for Flowchart). —

1. Request and Receipt of Information

1.1 The GAB Head FOI Receiving Officer (FRO) shall officially receive the request for information from the requesting party and check compliance of the following requirements.

a. The request must be in writing;

b. The request shall state the name and contact information of the requesting party, as well as provide valid proof of identification or authorization; and;

c. The request shall responsibly describe the information requested, and the reason for, or purpose of, the request information. (See Annex "F")

 The request can be made personally or through email through the Head FRO or the respective FROs of the Regional Offices, provided that the requesting party shall attach in the email a scanned copy of the FOI application request, and a copy of a duly recognized government ID with photo. TIADCc

1.2 In case the requesting party is unable to make a written request, because of illiteracy or due to being a person with disability, he or she may make an oral request, and the Head FRO or FROs of the units or divisions of GAB Central or Regional Offices, shall reduce it in writing.

1.3 The request shall be stamped officially received by the GAB Head FRO of the Central, indicating the date and time of the receipt of the written request, and the name, rank, title and position of the public officer who actually received it, with a corresponding signature and a copy, furnished to the requesting party. In case of email request, the mail shall be printed out and shall follow the procedure mentioned above, and be acknowledged by electronic mail.

 If it is the (FROs) GAB's Regional Offices, who were able to receive the request, he or she should forward it to the GAB Head FRO to officially receive the request so that the agency would be able to comply with E.O. 02 requirement of responding to such request within 15 days that such request is received.

 The Head GAB FRO, upon official receipt, shall finally input the details of the request on the Request Tracking System and allocate a reference number.

1.4 The Games and Amusements Board must respond to the request promptly, within the fifteenth (15) working day following the date of the official receipt of the request. A working day is any day other than a Saturday, Sunday or a day is declared a national public holiday in the Philippines. In computing for the period, Art. 13 of the New Civil Code shall be observed.

 The date of official receipt of the request will be either:

a. The day on which request is physically received through stamp or electronically delivered through email and acknowledged by the Head FRO (to be officially received by the Head FRO, the requestor of information must have informed the FRO about his or her request and the Head FRO must have acknowledged the same through an e-mail response);

b. In case the Games and Amusements Board, through its Head FRO, has asked the requesting party for further clarification or details to identify and locate the requested information, the date on which the response by the requesting party to said clarification was officially received by the Head FRO.

 Should the requested information need further details to identify or locate, then the 15 working-days will commence on the day after it receives the required clarification from the requesting party.

2. Initial Evaluation. After official receipt of the request for information, the Head FRO shall evaluate the contents of the request.

2.1. Request relating to more than one office under the Games and Amusements Board:

 If a request for information is received which requires to be complied with, by two or more divisions or units of GAB Central and Regional Offices, the Head FRO shall forward such request to the said unit or division or office concerned and ensure that it is well coordinated and its compliance monitored. The FRO shall clear with the respective units, divisions or offices that the specific information that relates to their respective unit, division, office or office can be provided to the requestor.

2.2 Requested information is not in the custody of the Games and Amusements Board or any of its divisions or units in its Central and Regional offices: If the requested information is not in the custody of the Games and Amusements Board or any of its different divisions or units of its Central and Regional Offices, following referral and discussions with the FDM, the FRO shall undertake the following steps:

a. The divisions or units must inform the Head FRO within a period, giving sufficient time for the Head FRO to respond to the requestor about the unavailability of information within the required 15-working day limit. The GAB FRO then informs the requesting party that the information is not held by the respective divisions or units concerned.

b. If the records referred to an office are not within the coverage of E.O. NO. 2, the requesting party shall be advised accordingly and provided with the contact details of that office, if known.

2.3 Requested information is already posted and available on-line: Should the information being requested is already posted and publicly available in the GAB website, gab.gov.ph, the Head FRO shall inform the requesting party of the said fact and provide him/her/them the website link where the information is posted. SDAaTC

2.4 Requested information is substantially similar or identical to the previous request: Should the requested information be substantially similar or identical to a previous request by the same requester, the request shall be denied. However, the FRO shall inform the applicant of the reason of such denial.

3. Transmittal of Request by the FRO to the FDM: After official receipt of the request for information, and after finally inputting the details of the request on the Request Tracking System and allocating a reference number for the same, the Head FRO shall evaluate the information being requested, and notify the FDM of such request. The copy of the request shall be forwarded to such FDM within one (1) day from the official receipt of the written request. The Head FRO shall record the date, time and name of the FDM who received the request in a record book with the corresponding signature of acknowledgement of receipt of the request.

4. Role of FDM in Processing the Request: Upon receipt of the request for information from the Head FRO, the FDM shall assess and clarify the request if necessary. He or she shall make all necessary steps to locate and retrieve the information requested. The FDM shall ensure that the complete information requested be submitted to the FRO within 10 days upon receipt of such request.

If the FDM needs further details to identify or locate the information, he shall, through the FRO, seek clarification from the requesting party. The clarification shall stop the running of the 15 working day period and will commence the day after the FRO officially receives the required clarification from the requesting party.

If the FDM determines that a record contains information of interest to another office, the FDM shall consult with the agency concerned on the disclosability of the records before making any final determination. The consultation shall stop the running of the 15 working day period and will commence the day after it receives the required answer to the consultation from the requesting the other office concerned.

5. Role of FRO to Transmit the Information to Requesting Party: Upon receipt of the requested information from the FDM, the FRO shall collate and ensure that the information is complete. He shall attach a cover/transmittal letter signed by the GAB Head or Chairman and ensure the transmittal of such to the requesting party within 15 working days upon receipt of the request for information.

6. Request for an Extension of Time: If the information requested requires extensive search of the government's office records facilities, examination of voluminous records, the occurrence of fortuitous events or other analogous cases, the FDM should inform the FRO.

The FRO in turn shall inform the requesting party of the extension. In no case shall the extension exceed twenty (20) working days on top of the mandated fifteen (15) working days to act on the request, unless exceptional circumstances warrant a longer period.

7. Notice to the Requesting Party of the Approval/Denial of the Request: Once the FDM approved or denied the request, he shall immediately notify the FRO who shall prepare the response to the requesting party either in writing or by email. All actions on FOI requests, whether approval or denial, shall pass through the GAB Members of the Board for final approval.

8. Approval of Request: In case of approval, the FRO shall ensure that all records that have been retrieved and considered be checked for possible exemptions, prior to actual release. The FRO shall prepare the letter or email informing the requesting party within the prescribed period that request was granted and be directed to pay the applicable fees, if any.

9. Denial of Request: In case of denial of the request wholly or partially, the FRO shall, within the prescribed period, notify the requesting party of the denial in writing. The notice shall clearly set forth the ground or grounds for denial and the circumstances on which the denial is based. Failure to notify the requesting party of the action taken on the request within the period herein provided shall be deemed a denial of the request to information. All denials on FOI requests shall pass through the GAB Members of the Board.

SECTION VI. Remedies in Case of Denial of Request. —

A person whose request for access to information has been denied may avail himself of the remedy set forth below:

a. Administrative FOI Appeal to the GAB FOI Central Appeals and Review Committee: Provided, that the written appeal must be filed by the same requesting party within fifteen (15) calendar days from the notice of denial or from the lapse of the period to respond to the request. The appeal shall be decided by the GAB Chairman upon the recommendation of the Central Appeals and Review Committee within thirty (30) working days from the filing of said written appeal. Failure to decide within the 30-day period shall be deemed a denial of the appeal.

b. The denial of the appeal by the GAB Members of the Board or the lapse of the period to respond to the request may be appealed further to the Office of the President under Administrative Order No. 22, s. 2011.

c. Upon exhaustion of administrative FOI appeal remedies, the requesting party may file the appropriate judicial action in accordance with the Rules of Court.

SECTION VII. Request Tracking System. —

The Games and Amusements Board or any of its different divisions or units of its Central and Regional Offices shall establish a system to trace the status of all requests for information received by it, which may be paper-based, online or both.

SECTION VIII. Fees. —

1. No Request Fee. The Games and Amusements Board shall not charge any fee for accepting requests for access to information. acEHCD

2. Reasonable Cost of Reproduction and Copying of the Information. The Head FRO shall immediately notify the requesting party in case there shall be a reproduction and copying fee in order to provide the information. Such fee shall be the actual amount spent by the Games and Amusements Board in providing the information to the requesting party. The schedule of fees shall be accordingly posted by the Games and Amusements Board.

3. Exemption from Fees. The Games and Amusements Board may exempt any requesting party from payment of fees, upon request stating the valid reason why such requesting party shall not pay the fee.

SECTION IX. Administrative Liability. —

1. Non-compliance with FOI. Failure to comply with the provisions of this Manual shall be a ground for the following administrative penalties:

a. 1st Offense — Reprimand;

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

c. 3rd Offense — Dismissal from service.

2. Procedure. The Revised Rules on Administrative Cases in the Civil Services shall be applicable in the disposition of cases under this Manual.

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

SECTION X. Annexes. —

ANNEX A

FOI Frequently Asked Questions

Introduction to FOI

1. What is FOI?

Freedom of Information (FOI)is the government's response to the call for transparency and full public disclosure of information. FOI is a government mechanism which allows Filipino citizens to request any information about the government transactions and operations, provided that it shall not put into jeopardy privacy and matters of national security. The FOI mechanism for the Executive Branch is enabled via Executive Order No. 2, series of 2016.

2. What is Executive Order No. 2 S. 2016?

Executive Order No. 2 is the enabling order for FOI. EO 2 operationalizes in the Executive Branch the People's Constitutional right to information. EO 2 also provides the State policies to full public disclosure and transparency in the public service. EO 2 was signed by President Rodrigo Roa Duterte on July 23, 2016.

3. Who oversees the implementation of EO 2?

The Presidential Communications Operations Office (PCOO) oversees the operation of the FOI program. PCOO serves as the coordinator of all government agencies to ensure that the FOI program is properly implemented.

Making a Request

4. Who can make an FOI request?

Any Filipino citizen can make an FOI Request. As a matter of policy, requestors are required to present proof of identification.

5. What can I ask for under EO on FOI?

Information, official records, public records, and, documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.

6. What agencies can we ask information from?

An FOI request under EO 2 can be made before all government offices under the Executive Branch, including government owned or controlled corporations (GOCCs) and state universities and colleges (SUCs). FOI requests must be sent to the specific agency of interest, to be received by its respective Receiving Officer.

7. How do I make an FOI request?

a. The requestor has to fill up a request form and submits to the agency's Receiving Officer. The Receiving Officer shall validate the request and logs it accordingly on the FOI tracker.

b. If deemed necessary, the Receiving Officer may clarify the request on the same day it was filed, such as specifying the information requested, and providing other assistance needed by the Requestor.

c. The request is forwarded to the Decision Maker for proper assessment. The Decision Maker shall check if the agency holds the information requested, if it is already accessible, or if the request is a repeat of any previous request.

d. The request shall be forwarded to the officials involved to locate the requested information.

e. Once all relevant information is retrieved, officials will check if any exemptions apply, and will recommend appropriate response to the request.

f. If necessary, the head of the agency shall provide clearance to the response.

g. The agency shall prepare the information for release, based on the desired format of the Requestor. It shall be sent to the Requestor depending on the receipt preference. HSAcaE

8. How much does it cost to make an FOI request?

There are no fees to make a request. But the agency may charge a reasonable fee for necessary costs, including costs of printing, reproduction and/or photocopying.

9. What will I receive in response to an FOI request?

You will be receiving a response either granting or denying your request. If the request is granted, the information requested will be attached, using a format that you specified. Otherwise, the agency will explain why the request was denied.

10. How long will it take before I get a response?

It is mandated that all replies shall be sent fifteen (15) working days after the receipt of the request. The agency will be sending a response, informing of an extension of processing period no longer than twenty (20) working days, should the need arise.

11. What if I never get a response?

If the agency fails to provide a response within the required fifteen (15) working days, the Requestor may write an appeal letter to the Central Appeals and Review Committee within fifteen (15) working days from the lapse of required response period. The appeal shall be decided within thirty (30) working days by the Central Appeals and Review Committee. If all administrative remedies are exhausted and no resolution is provided, requestors may file the appropriate case in the proper courts in accordance with the Rules of Court.

12. What will happen if my request is not granted?

If you are not satisfied with the response, the Requestor may write an appeal letter to the Central Appeals and Review Committee within fifteen (15) working days from the lapse of required response period. The appeal shall be decided within thirty (30) working days by the Central Appeals and Review Committee. If all administrative remedies are exhausted and no resolution is provided, requestors may file the appropriate case in the proper courts in accordance with the Rules of Court.

ANNEX B

Executive Order No. 2July 23, 2016

ANNEX C

 

GAB Central and Regional FOI Receiving Officers

 

	Location of FOI		Assigned FOI
Name of Agency		Contact Details
	Receiving Office		Receiving Officer
Games and Amusements Board	Central Office	2nd Flr. Legaspi 200 Paseo de Roxas, Makati City 1226 Tel. No. (02) 8135793	Jesucito M. Garcia
Games and Amusements Board	Bacolod Field Office	6th Flr. Bacolod Convention Plaza Hotel Magsaysay Ave. Bacolod City 6100 Tel. No. (034) 4323513	Donna Mae M. Martir
Games and Amusements Board	Cagayan de Oro Field Office	3rd Flr. Room 302 Rodesa I, Bldg. Gomez Velez St. Cagayan De Oro City 9000 Tel. No. (8822) 729686	Atheno M. Paguidopon
Games and Amusements Board	Cebu Field Office	2nd Flr. DBP Bldg. Osmeña Blvd. Cebu City 6000 Tel. No. (32) 2552415	Celso G. Miranda
Games and Amusements Board	Davao Field Office	2nd Flr. No. 426 Davat Bldg. Villa Abrille St. Davao City 8000 Tel. No. (82) 2276907	Arlene M. Olondriz
Games and Amusements Board	Zamboanga Field Office	C/O GAB Edgardo Valeros Paragon Hardware Tomas Claudio Ext. Cor. D. Forest St. Zone III Zamboanga City 7000	Vicente G. Cabalog

 

ANNEX D

List of Exceptions

Pursuant to a Memorandum issued by the Executive Secretary dated November 24, and for the guidance of all government offices and instrumentalities covered by EO No. (s. 2016) and the general public 2016, the following are the exceptions to the right of access to information, as recognized by the Constitution, existing laws, or jurisprudence, 1 are adopted by the Games and Amusements Board:

1. Information covered by Executive privilege (both at the national level and at the agency level);

2. Privileged information relating to national security, defense or intentional relations;

3. Information concerning law enforcement and protection of public and personal safety;

4. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims if crimes, or the accused;

5. Information, documents or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, board, or officers, in relation to the performance of their functions, or to inquiries or investigation conducted by them in the exercise of their administrative, regulatory or quasi-judicial powers;

6. Prejudicial premature disclosure; HESIcT

7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged;

8. Matters considered confidential under banking and finance laws, and their amendatory laws; and

9. Others exceptions to the right to information under laws, jurisprudence, rules and regulations.

For the implementation of the exceptions to the right of access to information, the following provide the salient details and legal bases that define the extent and application of the exceptions:

1. Information covered by Executive privilege:

a. Presidential conversations, correspondence, and discussions in closed door Cabinet meetings: 2 and

b. Matters covered by deliberative process privilege, namely:

i. Advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated; intra-agency or inter-agency recommendations or communications during the stage when common assertions are still in the process of being formulated or are in the exploratory stage; or information pertaining to the decision-making of executive officials; 3 and

ii. Information, record or document comprising drafts of decisions, orders, rulings, policy decisions, memoranda, etc.; 4

2. Privileged information relating to national security, defense or international relations:

a. Information, record, or document that must be kept secret in the interest of national defense or security; 5

b. Diplomatic negotiations and other information required to be kept secret in the Conduct of foreign affairs; 6

c. Patent applications, the publication of which would prejudice national security and interests; 7

3. Information concerning law enforcement and protection of public and personal safety:

a. Investigation records compiled for law enforcement purposes or information which if written would be contained in such records, but only to the extent that the production of such records or information would —

i. interfere with enforcement proceedings;

ii. deprive a person of a right to a fair trial or an impartial adjudication;

iii. disclose the identity of a confidential source and in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source; or,

iv. unjustifiably disclose investigative techniques and procedures; 8

b. Informer's privilege of the Government not to disclose the identity of a person or persons who furnish information of violations of law to officers charged with the enforcement of law; 9

c. When disclose of information would put the life and safety of an individual in imminent danger; 10

d. Any information given by informants leading to the recovery of carnapped vehicles and apprehension of the persons charge with carnapping; 11

e. All proceedings involving application for admission into the Witness Protection Program and the action taken thereon; 12

4. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused. These include:

a. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy, 13 personal information or records, 14 including sensitive personal information, birth records, 15 school records, 16 or medical or health records; 17

b. Sensitive personal information as defined under the Data Privacy Act of 2012 refers to personal information: 18

i. about an individual's race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;

ii. about an individual's health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;

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

iv. specifically established by an executive order or an act of Congress to be kept classified. caITAC

 However, personal information may be disclosed to the extent that the requested information is shown to be a matter of public concern or interests, shall not meddle with or disturb the private life or family relations of the individual 19 and is not prohibited by any law or regulation. Any disclosure of personal information shall be in accordance with the principles of transparency, legitimate purposes and proportionality. 20

 Disclosure of personal information about any individual who is or was an officer or employee of a government institution shall be allowed, provided that such information relates to the position or functions of the individual, including: (1) the fact that the individual is or was an officer or employee of the government institution; (2) the title, business address and office telephone number of the individual; (3) the classification, salary range and responsibilities of the position held by the individual on a document prepared by the individual in the course of employment with the government; 21

c. Source of any news report or information appearing in newspapers, magazines or periodicals of general circulation obtained in confidence; 22 and

d. Records of proceedings and processes deemed confidential by law for the privacy and/or protection of certain individuals, such as children, victims of crime, witnesses to a crime or rehabilitated drug offenders, including those pertaining to the following:

i. records of child and family cases; 23

ii. children in conflict with the law from initial contact until final disposition of the case; 24

iii. a child who is a victim of any offense under the Anti-Child Pornography Act of 2009, including the name and personal circumstances of the child, or the child's immediate family, or any other information tending to establish the child's identity; 25

iv. a child witness, who is a victim of a crime, an accused of a crime, or a witness to a crime, including the name, address, telephone number, school, or other identifying information of a victim or an immediate family member; 26

v. cases involving violence against women and their children, including the name, address, telephone number, school, business, address, employer, or other identifying information of a victim or an immediate family member; 27

vi. trafficked persons, including their names and personal circumstances, or any other information tending to establish the identity of the trafficked person; 28

vii. names of victims of child abuse, exploitation or discrimination; 29

viii. disclosure which would result in undue and sensationalized publicity of any case involving a child in conflict with the law, abuse, or violation of anti-trafficking of persons; 30

ix. records, document and communications of proceedings involving domestic and inter-country adoptions, including the identity of the child, natural parents and adoptive parents; 31

x. names of students who committed acts of bullying or retaliation; 32

xi. first time minor (drug) offenders under suspended sentences who comply with applicable rules and regulations of the Dangerous Drugs Board and who are subsequently discharged; judicial and medical records of drug dependents under the voluntary submission program; and record of drug dependent who was rehabilitated and discharged from treatment and rehabilitation centers under the compulsory sub mission program, or who was charged for violation of Section 15 (use of dangerous drugs) of the comprehensive Dangerous Drugs Act 2002, as amended; and 33

xii. identity, status and medical records of individuals with Human Immunodeficiency Virus (HIV), as well as results of HIV/Acquired Immune Deficiency Syndrome (AIDS) testing; 34

5. Information, documents or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, boards, or officers, in relation to the performance of their functions, or to inquiries or investigation conducted by them in the exercise of their administrative, regulatory or quasi-judicial powers, such as but not limited to the following: ICHDca

a. Trade secrets, intellectual property, business, commercial, financial and other proprietary information; 35

b. Data furnished to statistical inquiries, surveys and consensuses of the Philippine Statistics authority (PSA); 36

c. Records and reports submitted to the Social Security System by the employer or member; 37

d. Information gathered from HIV/AIDS contact tracing and all other related health intelligent activities; 38

e. Confidential information submitted to the Philippine Competition Commission prohibited from disclosure by law, including the identity of the person who provided from the information under condition of anonymity; 39

f. Applications and supporting documents filed pursuant to the Omnibus Investments Code of 1987; 40

g. Documents submitted through the Government Electronic Procurement System; 41

h. Information obtained from accessing any electronic key, electronic data message, or electronic document, book, register, correspondence, information or other material pursuant to any powers conferred under the Electronic Commerce Act of 2000; 42

i. Any confidential information supplied by the contractors in mineral agreements and financial or technical assistance agreements pursuant to the Philippine Mining Act of 1995 and its Implementing Rules and Regulations (IRR), during the term of the project to which it relates; 43

j. Information received by the Department of Tourism (DOT) in relation to the accreditation of accommodation establishments (such as hotels and resorts) and travel and tour agencies; 44

k. The fact that a covered transaction report to the Anti-Money Laundering Council (AMLC) has been made, the contents thereof, or any information in relation thereto; 45

l. Information submitted to the Tariff Commission which is by nature confidential or submitted on a confidential basis; 46

m. Certain information and reports submitted to the Insurance Commissioner pursuant to the Insurance Code; 47

n. Information on registered cultural properties owned by private individuals; 48

o. Data submitted by a higher education institution to the Commission on Higher Education (CHED); 49 and

p. Any secret, valuable or proprietary information of a confidential character known to a public officer, or secrets of private individuals. 50

6. Information of which a premature disclosure would:

a. in the case of a department, office or agency which agency regulates currencies, securities, commodities, or financial institutions, be likely to lead significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution; or

b. be likely or significantly frustrate implementation of a proposed official action, except such department, office or agency has already disclosed to the public the content or nature of its proposed action, or where the department, office or agency is required by law to make such disclosure on its own initiative prior to taking final official action on such proposal. 51

7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations are treated as confidential or privileged, including but not limited to the following:

a. Mediation and domestic or international arbitration proceedings, including records evidence and the arbitral awards, pursuant to the Alternative Dispute Resolution Act of 2004; 52

b. Matters involved in an Investor-State mediation; 53

c. Information and statements made at conciliation proceedings under the Labor Code; 54

d. Arbitration proceedings before the Construction Industry Arbitration Commission (CIAC); 55

e. Results of Examinations made by the Securities and Exchange Commission (SEC) on the operations, books and records of any corporation and all interrogatories propounded by it and the answers thereto; 56

f. Information related to the investigations which are deemed confidential under the Securities Regulation Code; 57

g. All proceedings prior to the issuance of a cease and desist order against pre-need companies by the Insurance Commission; 58

h. Information related to the assignment of the cases to the reviewing prosecutors or the undersecretaries in cases involving violations of the Comprehensive Dangerous Drugs Act of 2002; 59

i. Investigation report and the supervision history of a probationer; 60

j. Those matters classified as confidential under the Human Security Act of 2007; 61

k. Preliminary investigation proceedings before the committee on decorum and investigation of government agencies; 62 and

l. Those information deemed confidential or privileged pursuant to pertinent rules and regulations issued by the Supreme Court, such as information on disbarment proceedings, DNA profiles and results, or those ordered by courts to be kept confidential; 63 TCAScE

8. Matters considered confidential under banking and finance laws and their amendatory laws such as:

a. RA No. 1405 (Law on Secrecy of Bank Deposits);

b. RA No. 6426 (Foreign Currency Deposit Act of the Philippines) and relevant regulations;

c. RA No. 8791 (The General Banking Law of 2000);

d. RA No. 9160 (Anti-Money Laundering Act of 2001); and

e. RA No. 9510 (Credit Information System Act).

9. Other exceptions to the right to information under laws, jurisprudence, rules and regulations such as:

a. Those deemed confidential pursuant to treaties, executive agreements, other international agreements, or international proceedings, such as:

i. When the disclosure would prejudice legitimate commercial interest or competitive position of investor-states pursuant to investment agreements; 64

ii. Those deemed confidential or protected information pursuant to United Nations Commission on International Trade Law Rules on Transparency in Treaty-based Investor-State Arbitration and Arbitration Rules (UNCITRAL Transparency Rules); 65 and

iii. Refugee proceedings and documents under the 1951 Convention Relating to the Status of Refugees, as implemented by DOJ Circular No. 58 (s. 2012).

b. Testimony from a government official, unless pursuant to a court or legal order; 66

c. When the purpose for the request of Statement of Assets, Liabilities and Net Worth is any of the following:

(1) Any purpose contrary to morals or public policy; or

(2) Any commercial purpose other than by news and communications media for dissemination to the general public; 67

d. Lists, abstracts, summaries of information requested when such lists, abstracts or summaries are not part of the duties of the government office requested; 68

e. Those information and proceedings deemed confidential under rules and regulations issued by relevant agencies or as decided by the courts; 69

f. Requested information pertains to comments and disclosures on pending cases in judicial proceedings; 70 and

g. Attorney-client privilege existing between government lawyers and their client. 71

ANNEX E

FOI Request Flow Chart

ANNEX F

FOI Request Form

ANNEX G-1

FOI Response Template — Document Enclosed

DATE

Dear _______________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

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

Response to your request

Your FOI request is approved. I enclose a copy of [some/most all/]* of the information you requested [in format you asked for] cTDaEH

Thank you.

Respectfully,

___________________FOI Receiving Officer

Noted by:

______________Decision Maker

Signed by:

__________________Head of the Agency

ANNEX G-2

FOI Response Template — Answer

DATE

Dear _______________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

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

Response to your request

Your FOI request is approved. The answer to your request is <insert answer>.

Thank you.

Respectfully,

___________________FOI Receiving Officer

Noted by:

______________Decision Maker

Signed by:

__________________Head of the Agency

ANNEX G-3

FOI Response Template — Document Available Online

DATE

Dear _______________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for <quote request exactly, unless it is long/complicated>.

Response to your request

[Some/Most/All] of the information you have requested is already available online from <add details of where that specific information can be obtained e.g., data gov.ph, foi.gov.ph or other government websites>.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry an internal review of the response, by writing to <insert name of secretary and postal/email address>. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days when you received this letter. We will complete the review and tell you the result, within 30 calendar days from the date when we receive your review request.

If you are not satisfied with result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 2 (s. 2011). cSaATC

Thank you.

Respectfully,

___________________FOI Receiving Officer

Noted by:

______________Decision Maker

Signed by:

__________________Head of the Agency

ANNEX G-4

FOI Response Template — Document Not Available

DATE

Dear _______________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

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

Response to your request

While our aim is to provide information whenever possible, in this instance this offices does not have [some of]* the information you have requested. However, you may wish to contact <insert name of other authority/organization> at <insert contact details who may be able to help you. The reasons why we don't have the information are explained in the Annex to this letter.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review the response, by writing to <insert name of Secretary and postal/e-mail address>. Your review request should explain why you are dissatisfied with this response, and should made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result, within 30 calendar days from the date when we received your request.

If you are not satisfied with result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 2 (s. 2011)

Thank you.

Respectfully,

___________________FOI Receiving Officer

Noted by:

______________Decision Maker

Signed by:

__________________Head of the Agency

ANNEX G-5

FOI Response Template — under Exceptions

DATE

Dear _______________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

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

Your right to request a review

While our aim is to provide information whenever possible, in this instance this offices does not have [some of]* the information you have requested because an exception(s) under section(s) <insert specific section number(s) of the list of exceptions applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review the response by writing to <insert name of Secretary and postal/e-mail address>. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result, within 30 calendar days from the date when we received your request. cHDAIS

If you are not satisfied with result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 2 (s. 2011).

Thank you.

Respectfully,

___________________FOI Receiving Officer

Noted by:

______________Decision Maker

Signed by:

__________________Head of the Agency

ANNEX G-6

FOI Response Template — Identical Request

DATE

Dear _______________,

Greetings!

Thank you for your request dated under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

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

Response to your request

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because it is substantially similar or identical to a previous request that you made on <insert date of previous request>, which we responded to on <insert date of response>.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response, by writing to <insert name of Secretary and postal/e-mail address>. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result, within 30 calendar days from the date when we received your review request.

If you are not satisfied with result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,

___________________FOI Receiving Officer

Noted by:

______________Decision Maker

Signed by:

__________________Head of the Agency

Approved by:

(SGD.) ABRAHAM KAHLIL B. MITRAChairman

(SGD.) MATTHEW P. GASTON	(SGD.) EDUARD B. TRINIDAD
Commissioner	Commissioner

Footnotes

ANNEX D

1. These exceptions only apply to governmental bodies within the control and supervision of the Executive department. Unless specifically identified, these exceptions may be invoked by all officials, officers, or employees in the Executive branch in possession of the relevant records or information.

2. This may only be invoked by the President and his close advisors. The extent of the privilege is defined by applicable jurisprudence: Senate v. Ermita, G.R. No. 169777, 20 April 2006, 488 SCRA 1; Neri v. Senate Committee on Accountability of Public Officers and Investigations, G.R. No. 180643, 4 September 2008, 564 SCRA 152; Akbayan v. Aquino, G.R. No. 170516, 16 July 2008, 558 SCRA 468; and Chavez v. PCGC, G.R. No. 130716, 9 December 1998, 299 SCRA 744.

3. Akbayan v. Aquino, supra; Chavez V, NHA, G.R. No. 164527, 15 August 2007; and Chavez v. PCGG, supra. The Privilege of invoking this exception ends when the executive agency adopts a definite proposition (Department of Foreign Affairs v. BCA International Corp., G.R. No. 210858, 20 July 2016).

4. Section 3 (d) Rule IV, Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (Rule on CCESPOE). Drafts of decisions, orders, rulings, policy decisions, memoranda, and the like, such as resolutions prepared by the investigating prosecutor prior to approval for promulgation and release to parties [Revised Manual for Prosecutors of the Department of Justice (DOJ)] are also covered under this category of exceptions.

5. Almonte v. Vasquez, G.R. No. 95367, 23 May 1995, 244 SCRA 286; Chavez v. PCGG, supra; Legaspi v. Civil Service Commission, L-72119, 29 May 1987, 150 SCRA 530; Chavez v. NHA, supra; Neri v. Senate, supra; Chavez v. Public Estates Authority, G.R. No. 133250, 9 July 2002, 384 SCRA 152; and Section 3 (a), Rule IV, Rules on CCESPOE. This exception generally includes matters classified under Memorandum Circular (MC) No. 78, as amended by MC NO. 196 as "Top Secret," "Secret," "Confidential," and "Restricted."

6. Akbayan v. Aquino, supra; Section 3 (a) Rule IV, Rules on CCESPOE. This privilege may be invoked by the Department of Foreign Affairs and other government bodies involved in diplomatic negotiations.

7. The applicability of this exception is determined by the Director General of the Intellectual Property Office and subject to the approval of the Secretary of the Department of Trade and Industry. Section 44.3 of the Intellectual Property Code (RA No. 8293, as amended by RA No. 10372).

8. Section 3 (f), Rule IV, Rules on CCESPOE; Chavez v. PCGG, supra. May be invoked by law enforcement agencies.

9. Akbayan v. Aquino, supra; and Section 51, Human Security Act of 2007 (RA No. 9372). May be invoked by law enforcement agencies.

10. Section 3 (b), Rule IV, Rules on CCESPOE.

11. Section 19, New Anti Carnapping Act of 2016 (RA No. 10883). May be invoked by law enforcement agencies.

12. Section 7, Witness Protection, Security and Benefit Act (RA No. 6981).

13. Section 3 (e) Rule IV, Rules on CCESPOE.

14. Section 8 and 15, Data Privacy Act of 2012 (RA No. 10173); Personal information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual [Section 3 (g), Data Privacy Act of 2012]; Article 26, Civil Code. May be invoked by National Privacy Commission and government personal information controllers.

15. Article 7, The Child and Youth Welfare Code [Presidential Decree (PD) No. 603].

16. Section 9 (4), Education Act of 1982 (Batas Pambansa (BP) Blg. 232].

17. Medical and health records are considered as sensitive personal information pursuant to section 3 (l) (2), Data Privacy Act of 2012; See also Department of Health-Department of Science and Technology (DOST)-Philippine Health Insurance Corporation Joint Administrative Order No. 2016-0002 (Privacy Guidelines for the Implementation of the Philippine Health Information Exchange).

18. Section 3 (l), Data Privacy Act of 2012.

19. Article 26 (2), Civil Code.

20. Section 11, Data Privacy Act of 2012.

21. Section 4, Data Privacy Act of 2012.

22. An Act to Exempt the Publisher, Editor or Reporter of any Publication from Revealing the Source of Published News or Information Obtained in Confidence (RA No. 53), as amended by RA No. 1477. May be invoked by government newspapers.

23. Section, Family Courts Act of 1997 (RA No. 9344).

24. Section 43 Juvenile Justice and Welfare Act of 2006 (RA No. 9344).

25. Section 13 Anti-Child Pornography Act of 2009 (RA No. 9775).

26. Section 31, A.M. No. 00-4-07-SC, Re: Proposed Rule on Examination of a Child Witness.

27. Section 44, Anti-Violence against Women and their Children Act of 2004 (RA No. 9262); and People v. Cabalquinto, G.R. No. 167693, 19 September 2006.

28. Section 7, Anti-Trafficking in Persons Act of 2003 (RA No. 9208), as amended by RA No. 10364.

29. Section 29, Special Protection of Children against Abuse, Exploitation and Discrimination Act (RA No. 7610).

30. Section 14, Juvenile Justice and Welfare Act of 2006; Section 7, Anti-Trafficking in Persons Act of 2003, as amended; and Section 29, Special Protection of Children against Abuse, Exploitation and Discrimination Act.

31. Section 15, Domestic Adoption Act of 1998 (RA No. 8552) and Section 43, IRR of RA No. 8552; Section 6 and 16 (b), Inter-Country Adoption Act of 1995 (RA No. 8043) and Section 53, 54 and 55 of IRR of RA No. 8043.

32. Section 3 (h), Anti-Bullying Act (RA No. 10627).

33. Section 60, 64 and 67, Comprehensive Dangerous Drugs Act of 2002 (RA No. 9165).

34. Section 2 (b), 18, 30 and 32 Philippine AIDS Prevention and Control Act of 1998 (RA No. 8504).

35. Section 45, 106.1 and 150.2, The Intellectual Property Code (RA No. 8293, as amended by RA No. 10372); Section 66.2, Securities Regulation Code (RA No. 8799); DOST Administrative Order No. 004-16; Section 142, The Corporation Code (BP Blg. 68); Section 34, Philippine Competition Act (RA No. 10667); Sections 23 and 27 ©, The New Central Bank Act (RA No. 7653); Anti-Money Laundering Act (RA No. 9160); Section 18, Strategic Trade Management Act (RA No. 10697); Sections 10 and 14, Safeguard Measures Act (RA No. 6969); Article 2990, Revised Penal Code; Section 10.10, Rule 10, 2012 Revised IRR of Build-Operate-Transfer Law (RA No. 6957); and Revised Philippine Ports Authority Manual of Corporate Governance.

36. Section 26, Philippine Statistical Act of 2013 (RA No. 10625); and Section 4, Commonwealth Act No. 591. May be invoked only by the PSA.

37. Section 24 (c) Social Security Act of 1997 (RA No. 1161, as amended by RA No. 8282).

38. Section 29, Philippine AIDS Prevention and Control of 1998 (RA No. 8504).

39. Section 34, Philippine Competition Act (PCA), RA No. 10667 and Section 13, Rule 4 of the IRR of PCA. This exception can be invoked by the Philippine Competition Commission subject to well-defined limitations under the PCA.

40. Section 81, EO No. 226 (s. 1987), as amended.

41. Section 9, Government Procurement Reform Act (RA No. 9184).

42. Section 32, Electronic Commerce Act of 2000 (RA No. 8792).

43. Section 94 (f), Philippine Mining Act of 1995 (CRA No. 7942).

44. Section 1, Rule IX, DOT MC No. 2010-02 (Rules and Regulations to Govern, the Accreditation of Accommodation Establishments — Hotels Resorts and Apartment Hotels); and Section 23, DOT MC No. 2015-06 (Revised Rules and Regulations to Govern the Accreditation of Travel and Tour Agencies).

45. Section 9 (c). Anti-Money Laundering Act of 2001, as amended. May be invoked by AMLC, government banks and its officers and employees.

46. Section 10, Safeguard Measures Act.

47. Section 297 in relation with Section 295 and Section 356, The Insurance Code (as amended by RA No. 10607).

48. Section 14, National Cultural Heritage Act of 2009 (RA No. 10066).

49. CHED Memorandum Order No. 015-13, 28 May 2013.

50. Articles 229 and 230, Revised Penal Code; Section 3 (k), Anti-Graft and Corrupt Practices Act (RA No. 3019); Section 7 (c), Code of Conduct and Ethical Standards for Public Officials and Employees (RA No. 6713); Section 7, Exchange of Information of Tax Matters Act of 2009 (RA No. 10021); and Section 6.2, Securities Regulation Code (RA No. 8799).

51. Section 3 (g), Rules on CCESPOE.

52. Sections 9, 23 and 33, Alternative Dispute Resolution (ADR) Act of 2004 (RA No. 9285); and DOJ Circular No. 98 (s. 2009) or the IRR of the ADR Act.

53. Article 10, International Bar Association Rules for Investor-State Mediation.

54. Article 237, Labor Code.

55. Section 7.1 Rule 7, CIAC Revised Rules of Procedure Governing Construction Arbitration.

56. Section 142, Corporation Code. May be invoked by the SEC and any other official authorized by law to make such examination.

57. Sections 13.4, 15.4, 29.2 (b), and 64.2 of the Securities Regulation Code.

58. Section 53 (b) (1) of the Pre-Need Code of the Philippines. The confidentiality of the proceedings is lifted after the issuance of the cease and desist order.

59. DOJ Department of Circular No. 006-16 (No. 6), 10 February 2016.

60. Section 17, Probation Law of 1976 (PD No. 968 (s. 1976).

61. Sections 9, 13, 14, 29, 33 and 34, Human Security Act of 2007 (RA No. 9372).

62. Section 14, Civil Service Commission Resolution No. 01-0940.

63. Section 18, Rule 139-B and Section 24, Rule 130 of the Rules of Court; and Section 11 of the Rules on DNA Evidence, A.M. No. 06-11-5-SC.

64. Examples: Article 20 (2), ASEAN Comprehensive Investment Agreement; Article 15 (2) Agreement on Investment under the Framework Agreement of the Comprehensive Economic Cooperation between the ASEAN and the Republic of India; and Article 15 (2) of the Agreement on Investment under the Framework Agreement on the Comprehensive Economic Cooperation among the Government of the Member Countries of the ASEAN and the Republic of Korea.

65. Article 7, UNCITRAL Transparency Rules.

66. Senate v. Neri, supra; Senate v. Ermita, supra.

67. Section 8 (D) Code of Conduct and Ethical Standards for Public Officials and Employees.

68. Belgica v. Ochoa, G.R. No. 208566, 19 November 2013; and Valmonte v. Belmonte Jr., G.R. No. 74930, 13 February 1989, 252 Phil. 264.

69. Examples: 2012 Guidelines and Procedures in Investigation and Monitoring of Human Rights Violations and abuses and the Provision of CHR Assistance; Government Service Insurance System's Rules of Procedures of the Committee on Claims; National Labor Relations Commission Resolution No. 01-02, Amending Certain Provisions of the New Rules of Procedure of the National Labor Relations Commission, 08 March 2002; Department of Agrarian Reform MC No. 07-11, 19 July 2011; Department of Social Welfare and Development MC No. 021-12, 16 October 2012; and Section 42, Investment Company Act (RA No. 2629); When the information requested is not a matter of public concern or interest as decided in Hilado v. Judge Amor A. Reyes, G.R. No. 163155, 21 July 2006.

70. Romero v. Guerzon, G.R. No. 211816, 18 March 2015.

71. Canon 21 of the Code of Professional Responsibility.