PCG People's Freedom of Information

2017

PCG PEOPLE'S FREEDOM OF INFORMATION

SECTION I. Introduction.—

1. Background: Section 28, Article II of the 1987 Constitution provides that the State adopts and implements a policy of full disclosure of all its transactions involving public interest, subject to reasonable conditions prescribed by law. Furthermore, Article III of Section 7 of the Constitution guarantees the right of the people to information on matters of public concern.

In order to implement the provisions of the Constitution, the President of the Republic of the Philippines signed the Executive Order No. 2, s. 2016 mandating full disclosure of information of all offices under the Executive Branch through the production of a People's Freedom of Information (FOI) Manual. (See Annex "A")

2. Objective of the Manual: In line with the provisions described under the Executive Order No. 2, PCG's Freedom of Information (FOI) Manual aims the following:

a. To guide and assist the Organization in dealing with people's requests for information received under the Executive Order;

b. Disclose the Organization's information, mandates and functions provided that it does not fall under any of the exemptions enshrined in the Constitution, existing laws, jurisprudence or those information categorized as "Classified" by the organization; and CAIHTE

c. Support the right of every Filipino people to access information, official records, public records and documents.

3. Structure of the Manual:This Manual shall set out the rules and procedures to be followed by the PCG when a request for access to information is received. The Head of the Organization is responsible for all the actions carried out in accordance with this Manual and may delegate this responsibility to concerned staff.

In Philippine Coast Guard, the Commandant, being the head of the agency, shall act as the Decision Maker and shall have the overall responsibility in the approval or denial of a FOI request and the release of all information and records being requested.

4. Coverage of the Manual:The Manual shall cover all request for information directed to the Philippine Coast Guard.

It shall contain the following information

a. Location and Contact information of the Organization and the FOI Receiving Officer (See Annex "B")

b. Standard Procedures

• Request to access information

• Appeal for Denied Request

c. Forms to be accomplished

• FOI Request Form

5. FOI Receiving Officer: The Commandant, PCG designates the Coast Guard Public Affairs Office (CGPAO) to act as the FOI Receiving Officer (FRO) of the Organization. DETACa

Being the FRO of the Organization, CGPAO shall have the following functions:

a. Evaluation and processing of the request;

b. Monitoring of all the FOI requests and appeals;

c. Advise the FOI Decision Maker with matters concerning FOI;

d. Advise and support the public and staff with regards to FOI;

e. Compilation of statistical information of the nature and volume of the requests;

f. Maintenance and Updating of the Request Tracking System in print or through database; and

g. Submission of quarterly reports to the Presidential Communications Operations Office (PCOO).

6. FOI Decision Maker: The PCG as an armed and uniformed service attached to the Department of Transportation practices the Chain of Command, wherein communications and orders pass through proper channel. Having this structure, the Commandant, PCG is the organization's FOI Decision Maker (FDM). However, he may delegate his authority to his staff to act on a particular matter, as he may deem it appropriate.

SECTION II. Standard Procedures. — (See Annex "D")

1. Filing and Receipt of Request for Information:

a. CGPAO, being the FOI Receiving Officer (FRO), shall provide an FOI Request Form to the Requesting Party or an authorized representative. The Requesting Party may also download the FOI Request Form directly from PCG's Website.

b. The FRO shall receive the request for information from the Requesting Party and check if the following requirements are fully accomplished: aDSIHc

• The request must be in writing. If the request is made through email, the Requesting Party shall attach the scanned copy of the written FOI application request form with a copy of a duly recognized government ID with photo;

• The request must have the name, contact information and valid proof of identification or authorization of the Requesting Party; and

• The request shall reasonably describe the information being requested (See Annex "E")

c. 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 FRO shall reduce it in writing.

d. Request received from the District Offices shall be forwarded to FRO through electronic mail within the day of receipt. The FRO shall facilitate the processing of the forwarded request.

e. The request shall be stamped "Received" by the FRO, indicating the date and time of receipt of the written request, and the name, rank and position of the Public Officer who actually received it with corresponding signature and copy furnished to the Requesting Party. In case of email requests, the email message shall be printed out and shall follow the abovementioned procedure, and be acknowledged by electronic mail.

f. The FRO shall log and input the detail of the request on the Request Tracking System of the Organization and allocate a reference number.

2. Evaluation:Upon receipt of the request for information, the FRO shall evaluate the contents of the request.

a. Requested information is not in the custody of the PCG:If the requested information is not in the custody of PCG, the FRO shall inform the Requesting Party to coordinate and make the request directly with the concerned agency. ETHIDa

b. Requested information is already posted and available online: If the information being requested is already posted and publicly available in the PCG's website, data.gov.ph or foi.gov.ph, the FRO shall inform the requesting party of the said fact and provide them the website link where the information is posted.

c. Requested information falls under the exceptions enshrined in the Constitution, existing laws, jurisprudence or information considered as "Classified": If the requested information falls under the exceptions enshrined in the Constitution, existing laws, jurisprudence or considered as "classified," the request shall be denied. The FRO shall inform the Requesting Party the reason of such denial. (See Annex "C")

3. Processing and Transmittal of Request to the FDM:After the evaluation, the FRO shall process and consolidate all necessary information needed. After which, he shall forward the request to the FDM for his approval or denial. The FRO staff must record the date, time and name of the FDM staff who received it.

4. Approval or Disapproval of the Request:Upon the receipt of the request sent by the FRO, the FDM shall decide whether to approve and release the information wholly or partially, or to completely deny the request. In any case that the 15 working day period of processing the request is not enough, the FDM may request for an Extension of Time.

5. Transmittal of Information to the Requesting Party:After the request has been approved or denied in any case, the FRO shall notify the Requesting Party.

a. If the request is approved and is subject for disclosure:The FRO shall ensure that all records are complete and checked for possible exemptions, prior to release. The FRO shall prepare the letter or email informing the Requesting Party within the prescribed period that the request was granted. The FRO shall record the time, date, the name of the receiver and the name and signature of the FRO Staff to the Request Tracking System. cSEDTC

b. If the request is denied:the FRO shall, within the prescribed period, notify the Requesting Party of the denial in writing or through email. The notice shall clearly set forth the grounds for denial and the circumstances on which the denial is based.

6. Request for an Extension of Time:Executive Order No. 2, Section 9, sub-section (d) states that the government office shall respond to a request fully compliant with the requirements within fifteen (15) working days from the receipt thereof.

A working day is any day other than a Saturday, Sunday or a day which is declared a national public holiday in the Philippines. In computing for the period, Article 13 of the New Civil Code shall be observed.

The date of receipt of the request will be either:

a. The day on which the request is physically or electronically delivered to the government office, or directly into the email inbox of a member of staff; or

b. If the government office has asked the requesting party for further details to identify and locate the requested information, then the 15 working days will commence the day after it receives the required clarification from the requesting party.

However, if the information requested requires extensive search of the organization's records, the FDM shall inform the Requesting Party through the FRO for an Extension of Time setting forth the reasons for such extensions. In no case shall extension go beyond twenty (20) working days unless exceptional circumstances warrant a longer period.

SECTION III. Remedies in Case of Denial.—

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

a. Denial of Request may be appealed to the Coast Guard Public Affairs Office by filing a written appeal within fifteen (15) working days from the notice of denial or from the lapse of the period to respond to the request.

b. The appeal shall be decided by the Commandant, PCG 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.

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

SECTION IV. Request Tracking System.—

The Coast Guard Public Affairs Office shall establish a system to trace the status of all requests for information received by it. This shall be done through log books and database system.

SECTION V. Fees.—

1. No Request Fee:PCG shall not charge fee for accepting requests for access to information.

ANNEX A

Executive Order No. 02July 23, 2016

ANNEX B

PCG Directory

Headquarters Philippine Coast Guard139 25th Street, Port Area, 1018 Manila

Coast Guard Public Affairs Office139 25th Street, Port Area, 1018 Manila[email protected]

Coast Guard District National Capital Region-Central LuzonMuelle dela Industria, Farola Compound Binondo Manila[email protected]

Coast Guard Station ManilaPier 8, North Harbor, Tondo Manila[email protected]

Coast Guard Station PasigMalacañang Park, Manila[email protected]

Coast Guard Station CaviteBrgy Sapa 2, Rosario, Cavite[email protected]/[email protected]

Coast Guard Station BataanDionisio N Roque Bldg, Port of Lamao, Limay, Bataan[email protected]

Coast Guard Station PSC Manila139 25th St.,Shed E, Pier 13, South Harbor, Port Area Manila[email protected]/[email protected]

Coast Guard Station Laguna de BayJP Rizal St.,Extn Brgy libis, Binangonan, Rizal[email protected]

Coast Guard Station SubicBrgy Wawandue, Subic, Zambales[email protected]/[email protected]

Coast Guard District Central VisayasArellano Boulevard, Cebu City 6000[email protected]

Coast Guard Station CebuDon Vicente Sotto St.,Cebu City[email protected]

Coast Guard Station TagbilaranK of C Drive, Tagbilaran City[email protected]

Coast Guard Station DumagueteDumaguete City Port[email protected]

Coast Guard District South Western MindanaoNaval Station, Romulo Espaldon, Bagong Calarian, Zamboanga City[email protected]

Coast Guard Station ZamboangaConcuera St.,Port Area, Zamboanga City[email protected]/[email protected]

Coast Guard Station JoloBrgy Walled City, Port Area, Jolo, Sulu[email protected]

Coast Guard Station BongaoBongao, Tawi-Tawi[email protected]

Coast Guard Station CotabatoNo. 10 Rajah Tabunaway Blvd, Cotabato City[email protected]

Coast Guard Station MapunBrgy Libubod, Mapun, Tawi-Tawi[email protected]

Coast Guard District PalawanBrgy Liwanag, Port Area Princesa City, Palawan[email protected]/[email protected]

Coast Guard Station Puerto PrincesaBrgy Liwanag Port Area, Puerto Princesa City[email protected]

Coast Guard Station CoronBrgy Tagumpay, Coron, Palawan

Coast Guard Station Brooke's PointSitio Bulingay, Brooke's Point Palawan

Coast Guard Station El NidoBrgy Pag Ibig El Nido Princesa City[email protected]

Coast Guard Station CuyoBrgy Tenga-Tenga, Cuyo, Palawan[email protected]

Coast Guard District Southern Tagalog LuzonSta. Clara, Batangas[email protected]

Coast Guard Station BatangasPPA Compound Brgy Sta Clara, Batangas City[email protected]

Coast Guard Station Oriental MindoroBrgy San Antonio, Calapan City, Oriental Mindoro[email protected]

Coast Guard Station Occidental MindoroBrgy Caminawit, San Jose, Occidental Mindoro[email protected]

Coast Guard Station Northern QuezonBrgy Ugnos, Real, Quezon

Coast Guard Station Southern QuezonBrgy Dalahican, Ilaya, Lucena City[email protected]

Coast Guard District Western VisayasBo. Obrero, Iloilo City[email protected]/[email protected]

Coast Guard Station BacolodSan Patricio, Boulevard, Brgy Banago, Bacolod City, Negros Occidental[email protected]

Coast Guard Station RoxasBrgy Culasi, Roxas City[email protected]

Coast Guard Station CaticlanBrgy Caticlan, Malay, Aklan[email protected]

Coast Guard Station San Jose De BuenavistaPrincesa St.,Brgy 4, Pantalan San Jose de Buenavista, Antique[email protected]

Coast Guard Station IloiloFarola, Fort San Pedro, Iloilo City[email protected]

Coast Guard District North Western LuzonPoro Point, San Fernando City La Union[email protected]

Coast Guard Station SalomagueBrgy Salomague, Cabugao, Ilocos Sur[email protected]

Coast Guard Station San FernandoBrgy Poro Point, San Fernando City La Union[email protected]

Coast Guard Station SualNo. 09 Poblacion St.,Sual, Pangasinan[email protected]

Coast Guard Station CurimaoPort of Currimao, Currimao, Ilocos Norte[email protected]

Coast Guard District South Eastern MindanaoKm 11, Sasa, Davao City[email protected]

Coast Guard Station DavaoSta Ana Wharf, Sta Ana, Davao City[email protected]

Coast Guard Station GenSanMakar Wharf, General Santos City[email protected]

Coast Guard Station SaranganiBrgy Batuganding, Balut Island, Sarangani, Davao Del Sur[email protected]

Coast Guard Station Mati101 Burgos St.,Mati Wharf, Mati, Davao Oriental[email protected]

Coast Guard Station BisligEspiritu St. Mangonoy, Bislig[email protected]

Coast Guard District BicolGovernment Center Site, Lawis, Legaspi City[email protected]

Coast Guard Station AlbayPier Site, Legaspi City

Coast Guard Station CatanduanesBrgy Sta Cruz, Virac, Catanduanes[email protected]

Coast Guard Station Camarines NorteDelos Reyes Blvd Mercedes Camarines Norte[email protected]

Coast Guard Station SorsogonPier Site Brgy Talisay, Sorsogon[email protected]

Coast Guard Station Camarines SurSto Domingo, Camaligan, Camarines Sur[email protected]

Coast Guard Station Masbate59-A Espinosa St.,Pier Site, Masbate City[email protected]

Coast Guard District Northern MindanaoCorrales Extension, Macabalan, Cagayan De Oro City[email protected]

Coast Guard Station Cagayan de Oro1280 Corrales Extension, Brgy Puntod, Port Area, Cagayan de Oro City[email protected]

Coast Guard Station SurigaoPort Area Surigao City[email protected]

Coast Guard Station IliganPort Area, Iligan City[email protected]

Coast Guard Station Ozamis2nd Flr Villaseran Bldg, Port Road, Ozamis City[email protected]

Coast Guard Station DapitanPuluan Port, San Vicente, Dapitan City[email protected]

Coast Guard Station ButuanG. Flores Ave, Butuan City[email protected]

Coast Guard District North Eastern LuzonBrgy. 9 Minanga, Aparri, Cagayan[email protected]

Coast Guard Station BascoBrgy Kachanarianan, Basco, Batanes[email protected]

Coast Guard Station AuroraAurora Trading Center Bldg.,Sitio Setan, Brgy Suklayin Baler, Aurora[email protected]

Coast Guard Station AparriBrgy Minanga, Aparri, Cagayan[email protected]

Coast Guard District Eastern VisayasEbony Street, Port Area City, Leyte[email protected]

Coast Guard Station OrmocEbony St.,Port Area, Ormoc City, Leyte[email protected]

Coast Guard Station CatbaloganAllen Ave.,Pier II Catbalogan City[email protected]

Coast Guard Station MaasinBrgy Abgao, Port Area, Maasin City, Southern Leyte[email protected]

Coast Guard Station TaclobanMarket Site, Quezon Boulevard, Tacloban City[email protected]

ANNEX C

FOI Request Flow Chart

 

ANNEX D

Summarized FOI Request Process

1. FILING OF FOI REQUEST FORM

• FOI Receiving Officer (FRO) shall provide an FOI Request Form to the Requesting Party

• The Requesting Party shall accomplish the FOI Request Form and Present a valid proof of identification or authorization of the Requesting Party

• FRO shall check the completeness of the requirements to access information

• FRO shall stamped the accomplished request "RECEIVED" indicating the date and time of the receipt of the request, and the name, rank and position of the receiver

• FRO shall log and input the detail of the request in a Request Tracking System

2. EVALUATION

• The FRO shall evaluate the contents of the request:

o If the request is not in the custody of the PCG, the FRO shall refer the request to the concerned Agency EcTCAD

o If the request is already available online, the FRO shall provide the website link where the information is located

o If the request is included to the list of exceptions provided by the existing laws, the FRO shall deny the request

3. PROCESSING AND TRANSMITTAL OF REQUEST TO THE FDM

• After the evaluation, the FRO shall process and consolidate the necessary information

• FRO shall forward the consolidated information to the FDM for its approval or denial

• FRO shall record the date, time and name of the FDM staff who actually received the request

4. APPROVAL OR DISAPPROVAL OF THE REQUEST

• The FDM shall decide whether to release the records wholly, partially or to deny the request

• In any case that the requested information requires extensive search of the Organization's Records, the FDM shall request for a 20 days extension of time

5. TRANSMITTAL OF INFORMATION TO THE REQUESTING PARTY

• The FRO shall notify the Requesting Party whether his request is approved or denied:

o If the request is approved and shall be issued to the Requesting Party, the FRO shall notify the applicant within the prescribed. Prior to the release of information, the FRO shall ensure that the records are complete

o If the request is denied, the FRO shall notify the applicant of the denial in writing or mail. The notice shall include reason of such denial HSAcaE

• Information to be released shall be logged in the Request Tracking System

ANNEX E

FOI Request Form