People's Freedom of Information (FOI) Manual for the Bureau of Local Government Finance (BLGF)

November 21, 2016

BLGF OFFICE ORDER NO. 11-008-16

PEOPLE'S FREEDOM OF INFORMATION (FOI) MANUAL FOR THE BUREAU OF LOCAL GOVERNMENT FINANCE (BLGF)

WHEREAS, Executive Order (EO) No. 2, issued by the President on 23 July 2016, operationalizes 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 provides the guidelines therefor; HTcADC

WHEREAS, Sections 8 and 16 of EO No. 2 provide that every government office shall prepare its own People's FOI Manual for the implementing details, taking into consideration the agency mandates and the nature of information in custody or control, within one hundred twenty (120) days from the effectivity of EO No. 2;

WHEREAS, consistent with Department Order No. 061.2016, issued by the Secretary of Finance on 7 November 2016, prescribing the People's FOI Manual for the Department of Finance (DOF), there is a need to prescribe guidelines and procedures for requests for access to data, information, and records of and/or under the control and custody of the BLGF Central and Regional Offices;

WHEREAS, in addition to the existing BLGF Communication Policy on Disclosure of Information, the BLGF is committed to furthering transparency in government service and in guaranteeing the people's right to access official and public information, by ensuring timely and appropriate release of authorized information, and the regular provision of updated local finance data, pursuant to existing DOF and BLGF policies;

NOW, THEREFORE, in consideration of the foregoing premises, the People's FOI Manual for the BLGF, hereto attached and made an integral part hereof, is hereby promulgated.

All BLGF issuances or any part thereof that are inconsistent with the provisions of the FOI Manual for BLGF are hereby repealed, amended or modified accordingly.

Accordingly, and to effectively implement this Manual, all Regional Directors are hereby enjoined to adhere to this policy and cause the compliance of all concerned within their respective jurisdictions.

This Order shall take effect immediately.

 

(SGD.) NIÑO RAYMOND B. ALVINAOIC Executive Director

ATTACHMENT

People's FOI Manual

SECTION I

Overview

INTRODUCTION

Freedom of information is an indispensable part of true democracy. Democracy is evident in a system where people have free access to information on matters of public concern. The State recognizes such importance, thus, under Section 28, Article II and Section 7, Article III of the 1987 Philippine Constitution, it adopts a policy of full disclosure of all transactions involving public interest and guarantees the right of the people to information on matters of public concern, respectively.

As the need to fully operationalize said Constitutional provisions, (EO) President Rodrigo Roa Duterte signed on 23 July 2016, Executive Order No. 2 "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 Guidelines Therefor." Sections 8 and 16 of EO No. 2 direct all government offices to develop its own People's Freedom of Information (FOI) Manual. Thus, the Bureau of Local Government Finance (BLGF) People's FOI Manual is hereby adopted to effectively implement the provisions of EO No. 2 relative to the Bureau's disclosure of information on all matters of public interest.

The BLGF, in its observance of transparency and good governance, had earlier adopted the Communication Policy on Disclosure of Information (Communication Policy) to guarantee that material data information are disclosed in a timely, consistent and appropriate manner. Among these are information and data on Local Government Units (LGUs) which serve as inputs to certain data requirements of various government agencies like the National Economic and Development Authority (NEDA), Department of Budget and Management (DBM), Department of the Interior and Local Government (DILG), Bangko Sentral ng Pilipinas (BSP), etc.; financial institutions, such as the Land Bank of the Philippines (LBP), Government Security Insurance System (GSIS), Social Security System (SSS), etc.; and international development partners, such as the World Bank, International Monetary Fund (IMF), Asian Development Bank (ADB), European Union (EU), United States Agency for International Development (USAID), etc. DETACa

GOALS AND OBJECTIVES

This BLGF FOI Manual aims to implement the provisions of Sections 8 and 16 of EO No. 2. It provides guidance to the public, partner agencies and personnel of the BLGF relative to access and disclosure of information of public interest. It outlines the procedures and guidelines on access and disclosure of information as mandated under Sections 8 and 16 of EO No. 2.

SCOPE OF THE MANUAL

This Manual provides the detailed guidelines and procedures for access, disposition and appeal, as well as the standard forms and administrative penalties and fees, concerning the BLGF's information and data holdings of public concern. It includes the directory of BLGF Central and Regional Offices and accountable officers, for ready reference of concerned stakeholders, partners, interested groups and the general public. The EO No. 2 is attached as Annex A to embody the full policy of the President on freedom of information.

RESPONSIBLE OFFICERS

The following Responsible Officers are identified:

FOI Records Officer. The FOI Records Officer is the Unit Head of the Records Section of the Administrative Division of the Central Office and the Records Officer of the Regional Office, who shall have the primary responsibility for receiving requests for access to information. It shall also have the following duties and functions:

• Monitor all FOI requests and appeals;

• Provide assistance to the FOI Decision Maker;

• Provide assistance and support to the public and staff with regard to FOI;

• Compile statistical information as required; and

• Conduct initial evaluation of the requests and either (1) advise the requesting party that the request will be forwarded to the FOI Decision Maker for further evaluation, or (2) deny the request if the form is incomplete, or the information being requested is already disclosed in the official website of the BLGF.

FOI Decision Makers. The Decision Makers comprise the Service Directors of the Central Office and most senior staff of the concerned unit of the BLGF Regional Offices. The request for information shall be addressed to the Executive Director/Regional Director who is ultimately responsible for processing the requests in their respective areas of responsibility and for ensuring that requests are handled in accordance with relevant laws, rules and regulations. aDSIHc

FOI Approvers. The Executive Director or his duly authorized representative and the Regional Directors shall approve or deny the requests for information in the Central and Regional Offices, respectively. The Directors shall ensure that requests are processed within the prescribed period and within the requirements of relevant laws, rules and regulations. The list of BLGF Decision Makers and Approvers is hereto attached as Annex B.

Central Appeals and Review Committee.1 The Central Appeals and Review Committee (CARC) of the Department of Finance is authorized to review motu proprio, or upon application of any person, the grant or denial of request for access to information.

SECTION II

Definition of Terms

As used in this Manual, the following terms are defined:

1. 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 recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connect.

2. Official record/records: 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.

3. Public record/records: shall include information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.

4. Personal Information:2 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.

   The term shall cover the 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, family members, or similar information.

5. Privileged Information:3 shall refer to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.

6. Sensitive Personal Information:4 shall refer to personal information:

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

    About an individual's health, education, genetic or sexual life of a person, or to any proceeding for any offense committed by such 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; ETHIDa

    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

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

7. Document Management and Archiving System (DMAS): the official computerized records management, archiving and tracking systems of the BLGF.

SECTION III

General Policies

This BLGF FOI Manual is governed by the following policies to ensure that access and disclosure of information is properly administered and to ensure that all requests for information are appropriately responded to.

1. The BLGF shall make available to the public all pertinent information, data, official records, public records, documents and papers pertaining to its office affairs, transactions, decisions and activities, and no request for access may be denied except under any of the following circumstances:

a. The information requested falls under any of the exceptions provided for in the Constitution, existing law or jurisprudence, including:

i. The items contained in the Memorandum dated 24 November 2016 issued by the Executive Secretary (hereto referred as Annex C);

ii. Personal Information, Privileged Information and Sensitive Personal Information, except the following:

(1) Information about any individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual;

(2) Information about an individual who is or was performing service under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services;

(3) Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit; and

(4) Personal information processed for journalistic, artistic, literary or research purposes. cSEDTC

iii. Information which is specifically authorized to be kept secret under guidelines established by an executive order, and in fact properly classified pursuant thereto: Provided, That 1) The information directly relates to national security or defense and its revelation may cause grave damage to the national security or internal and external defense of the State; or 2) The information requested pertains to the foreign affairs of the Republic of the Philippines, when its revelation shall unduly weaken the negotiating position of the government in an on-going bilateral or multilateral negotiation or seriously jeopardize the diplomatic relations of the Philippines with one or more states;

iv. Information which consists of records of minutes and advice given and opinions expressed during decision-making or policy formulation, invoked by the Chief Executive to be privileged by reason of the impairment of the Chief Executive's deliberative process that would result from the disclosure thereof; information pertaining to internal and/or external defense, law enforcement, and border control, when the disclosure thereof would: (i) unduly compromise or interfere with any legitimate military or law enforcement operation; or (ii) unduly compromise or interfere with the prevention, detection or suppression of criminal activity, the effective implementation of immigration controls and border security; or (iii) deprive a person of a right to a fair trial or an impartial adjudication; or (iv) lead to the disclosure of the identity of a confidential source, including a government, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a law enforcement authority in the course of an investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source; or (v) disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or (vi) endanger the life or physical safety of any individual;

v. Information consisting of drafts of orders, resolutions, decisions, memoranda or audit reports by the Department of Finance, its bureaus and agencies, or any of their respective offices/units in the exercise of their adjudicatory and/or audit function;

vi. Information pertaining to trade secrets and commercial or financial information or intellectual property obtained from a natural or juridical person other than the requesting party, whenever the revelation thereof would seriously prejudice the interests of such natural or juridical person in trade, industrial, financial or commercial competition;

vii. Information classified as privileged communications in legal proceedings by law or by the Rules of Court, unless the person entitled to the privilege has waived it;

viii. Information of a nature that its premature disclosure would likely frustrate the effective implementation of a proposed official action: Provided, That the information shall be accessible once the anticipated danger has ceased. SDAaTC

b. The information requested is not kept in or under the control and custody of the BLGF depending on where the request is filed;

c. Any of the requirements, conditions, or procedure prescribed under this FOI Manual is not complied with, such as failure to state a legitimate purpose for the request, without prejudice to the re-filing of the request upon proper compliance with the requirements, conditions and procedure;

d. The information requested is already posted and available online; or

e. The request substantially pertains to information previously requested by the same requesting party whose request has already been previously granted or denied by the BLGF.

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

i. A description of its mandate, structure, powers, functions, duties and decision making processes;

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

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

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

v. Important rules and regulations, orders or decisions;

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

vii. Bidding processes and requirements; and

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

3. The BLGF shall, as far as practicable, endeavor to translate key information into major Filipino languages and present them in popular form and means.

4. While providing access to information, public records, and official records, responsible officials shall afford full protection to the right to privacy of the individual, as follows:

a. Responsible officers, under Section 1.0 shall ensure that Personal Information in the custody or under the control of the BLGF 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; acEHCD

b. Each office/unit of the BLGF 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 to vilification, harassment or any other wrongful acts;

c. Any employee or official of the BLGF 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.

5. Subject to the provisions contained in Sections 3 and 4 of EO No. 2, all officials of the BLGF are required to file and make available for scrutiny their Statements of Assets, Liabilities and Net Worth (SALN) in accordance with EO No. 2 and existing laws, rules and regulations.

SECTION IV

List of Information for Disclosure

The following are the list of information prepared and generated by the BLGF, which are classified as information for disclosure:

1. Opinions, Rulings and Policy Issuances rendered and issued by the Bureau relative to local taxation and fiscal matters, such as queries and requests for opinion on real property taxes, business taxes, local economic enterprises, local fees and charges, property values, tax assessments and other local assessment and treasury-related matters;

2. LGU Fiscal Data Sets generated from the Electronic Statement of Receipts and Expenditures (eSRE) system relating to revenues and expenditures of the LGUs, as submitted by the local treasurers, and property assessment information submitted by the local assessors (See Annex D);

3. Income Classification of LGUs applicable to all provinces, cities and municipalities implemented by the BLGF as authorized by the Secretary of Finance;

4. Certificate of Net Debt Service Ceiling and Net Borrowing Capacity — officially issued by the BLGF on requesting LGUs that intend to avail of loans and borrowings from financial institutions; (on the loanable amount)

5. BLGF-Resolved Complaints or resolutions by the BLGF disposing of the cause of action to administrative complaints against Bureau employees, local treasurers and assistant treasurers;

6. All other information pursuant to the requirements of the Transparency Seal but not contrary to existing directives of higher authorities.

SECTION V

Procedure

FILING AND PROCESSING

CENTRAL OFFICE. The following shall serve as the standard operating procedures in the filing and processing of requests for information in the BLGF Central Office:

a. Requesting Party shall submit a written request addressed to the Executive Director of the BLGF through the Division Chief. The request shall state the name and contact information of the requesting party, provide a valid proof of identification or authorization, reasonably describe the information requested, and cite the reason for or purpose of the request for information.

b. The BLGF Central Records Officer shall receive the request free of charge and shall perform the following tasks:

• Stamp the request indicating the date and time of receipt and the name, rank, title and position of the receiving public officer or employee with the corresponding signature, and a copy thereof furnished to the requesting party;

• Input the details of the request in the BLGF Document Management and Archiving System (DMAS) and allocate barcode number; SDHTEC

• Issue, as may be applicable, an Acknowledgment Receipt provided under the DMAS; and

• Forward the copy of the request to the Office of the Executive Director.

c. The Office of the Executive Director shall accept the request, update the DMAS and shall perform the following tasks:

• Assign the request to the concerned Service Director for appropriate action, and

• Inform the Deputy Executive Director concerned by furnishing him/her a copy of the request.

d. The Office of the Service Director shall accept the request, update the DMAS and shall perform the following tasks:

• Forward the copy of the request to the concerned Division; and

• Prepare the Acknowledgment Receipt and forward the same to the Central Records Officer for release to the requesting party.

e. The Receiving Officer of the concerned Division shall accept the request, update the DMAS and forward the copy of the request to the (Division Chief) for initial evaluation.

f. The Division Chief shall evaluate the request and should:

• Check if the request falls within the scope of information for disclosure;

• Check for third party information (information which can be obtained from individuals who are not governed by EO No. 2), or information which are not held by the Bureau;

• Check for excepted materials;

• Set the time frame for action on the request; and

• Initially decides if access to the records or the request should be granted, partially granted, deferred or refused.

   The Division Chief, through the respective Action Officer shall receive and accept the request through the DMAS together with the instruction from the Division Chief. If the request is granted, the Action Officer shall perform the following:

• Identify and retrieve all files which contain the information (records) regarding the subject of the request;

• Ensure the quality of the records or information, and photocopies are legible; and AScHCD

• Formalize the action required on the request.

   Once all records or information have been gathered, the Action Officer shall prepare the reply in writing and forward the same to the Division Chief for final evaluation.

g. The Division Chief shall evaluate the reply together with the records or information, and if such are found to be in order and compliant, said reply shall be recommended and forwarded the same to the Office of the Service Director.

h. The Office of the Service Director (Decision Maker) shall accept the recommended action of the Division Chief together with the records or information. The Service Director shall review the said reply, and if such is found in order and compliant with established rules and regulations, recommends said reply and forward the action to the Office of the Executive Director.

i. The Office of the Executive Director (Approver) shall accept the recommended action from the Office of the Service Director, together with the records or information. The Executive Director or his/her duly authorized representative (Deputy Executive Directors) shall review the said reply and the attached records, and if such are found in order and compliant with established rules and regulations, he/she shall sign and approve the reply and forward the same to the Central Records Officer.

   The Decision Maker shall ensure that the request can be processed as soon as practicable but not exceeding fifteen (15) working days from the receipt thereof.

   However, the period to respond may be extended whenever the information requested requires extensive search of the BLGF records facilities, examination of voluminous records conduct of field evaluation or investigation, referral to the concerned Regional Office or LGU, the occurrence of fortuitous cases or other analogous cases. In this case, the BLGF shall notify the person making the request of the extension, setting forth the reasons for such extension. In no case shall the extension go beyond twenty (20) working days unless exceptional circumstances warrant a longer period.

   If the Bureau decides to deny the request, in whole or in part, it shall as soon as practicable, in any case, within fifteen (15) working days from the receipt of the request, notify the requesting party the denial in writing. The notice shall clearly set forth the ground/s 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 stipulated shall be deemed a denial of the request for access to information.

   After making the decision, the Division Chief shall forward the copy of the request together with the instruction to the concerned Action Officer.

j. The Central Records Officer shall accept the signed reply, together with the records or information, update the DMAS, and officially release the documents to the requester by mail or personal pick-up.

REGIONAL OFFICES. The following shall serve as the standard operating procedures in the filing and processing of requests for information in the BLGF Regional Offices:

a. Requesting Party shall submit a written request addressed to the concerned Regional Director of the BLGF. The request shall state the name and contact information of the requesting party, provide a valid proof of identification or authorization, reasonably describe the information requested, and cite the reason for or purpose of the request for information.

b. The BLGF Regional Records Officer shall receive the request free of charge and shall perform the following tasks:

• Stamp the request indicating the date and time of receipt and the name, rank, title and position of the receiving public officer or employee with the corresponding signature, and a copy thereof furnished to the requesting party;

• Input the details of the request in the Bureau Log Book and allocate a barcode or identification number;

• Issue, as may be applicable, an Acknowledgment Receipt provided under the DMAS or similar recording system in the BLGF Regional Office; and caITAC

• Forward the copy of the request to the Office of the Regional Director.

c. The Office of the Regional Director shall accept the request and forward the copy of the request to the most senior officer of the Regional Office.

d. The Most Senior Officer in the Unit shall accept the request and shall perform the following tasks:

• Forward the copy of the request to the Action Officer; and

• As may be applicable, prepare the acknowledgment receipt and forward the same to the Regional Records Officer for release to the requesting party;

• Check if the request falls within the scope of information for disclosure;

• Check for third party information (information which can be obtained from individuals who are not governed by EO No. 2), or information which are not held by the Bureau;

• Check for exempt materials;

• Set the time frame for action on the request; and

• Initially decides if access to the records or request should be granted, partially granted, deferred or refused.

   The Most Senior Officer in the Unit shall ensure that the request can be processed as soon as practicable but not exceeding fifteen (15) working days from the receipt thereof.

   However, the period to respond may be extended whenever the information requested requires extensive search of the BLGF records facilities, examination of voluminous records, conduct of field evaluation or investigation, referral to the BLGF Central Office or concerned Regional Office or LGU, the occurrence of fortuitous cases or other analogous cases. In this case, the BLGF shall notify the person making the request of the extension, setting forth the reasons for such extension. In no case shall the extension go beyond twenty (20) working days unless exceptional circumstances warrant a longer period.

   If the Bureau decides to deny the request, in whole or in part, it shall as soon as practicable, in any case, within fifteen (15) working days from the receipt of the request, notify the requesting party the denial in writing. The notice shall clearly set forth the ground/s 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 stipulated shall be deemed a denial of the request for access to information. ICHDca

   After making the decision, the Most Senior Officer in the Unit shall forward the copy of the request together with the instruction to the concerned Action Officer.

e. The Action Officer shall receive and accept the request through the Bureau Log Book together with the instruction. If the request is granted, he/she shall perform the following:

• Identify and retrieve all files which contain the information (records) regarding the subject of the request; and

• Ensure the quality of the records or information, and photocopies are legible; and

• Formalize the action required on the request.

   Once all records or information have been gathered, the Action Officer shall prepare the reply in writing and forward the same to the Most Senior Officer in the Unit for final evaluation.

f. The Most Senior Officer in the Unit shall evaluate the reply together with the records or information, and if such are found to be in order and compliant, shall recommend said reply and forward the same to the Office Regional Director.

g. The Regional Director shall accept the recommended action from the Most Senior Officer in the Unit, together with the records or information. The Regional Director shall review the said reply and the attached records, and if such are found in order and compliant, he/she shall sign and approve the reply and forward this to the Regional Records Officer.

h. The Regional Records Officer shall accept the signed reply, together with the records or information, and shall release the documents to the requester by mail or personal pick-up.

A flowchart illustrating the procedure provided for this Manual is hereto attached as Annexes E and F.

APPEAL

Pursuant to Section 13 of EO No. 2, s. 2016 and DOF Department Order No. 061.2016, appeals on denied request for access by the BLGF Approver (Executive Director or Regional Director) shall be elevated to the Central Appeals and Review Committee of the DOF, such being the office next higher in authority, and the procedures therefor shall be observed. TCAScE

1. Administrative Appeal within the Agency. A person whose request has been denied by the FOI Decision Maker may, within fifteen (15) calendar days from the notice of denial or from the lapse of the period to respond to the request, file an administrative appeal to the Central Appeals and Review Committee. The appeal shall be decided by 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.

2. Administrative Appeal to the Office of the President. The denial of the appeal by the Central Appeals and Review Committee or the lapse of the period to decide on the appeal may be further appealed to the Office of the President under Administrative Order No. 22 (2011).

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

OTHER ACTIONS

Request Relating to Multiple Concerns — If a request relates to different areas or Divisions of the Bureau, each area or Division shall be asked to process the request insofar as it relates to that area, and with each Decision Maker signing on the records or information under his/her control. The requester shall be notified of the consolidated BLGF reply.

Information Not Held by the Bureau — In some cases where requests are not kept by the Bureau, the following shall be undertaken:

• If the records or information refer to another agency of the government, the relevant portion of the request will be referred to the concerned Agency and the requester shall be advised accordingly; and

• If the records or information do not exist, the requester shall be advised accordingly.

SECTION VI

Fees and Charges

The BLGF shall not charge any fee for accepting and processing requests. It may, however, charge a reasonable fee to reimburse necessary costs, including actual costs of reproduction and/or authentication and certification, subject to approval process, and to existing accounting and audit rules and regulations. In the event that the BLGF shall impose fees and charges, it may exempt any requesting party from the payment thereof, and upon request may state the valid reason, with appropriate certification form appropriate agencies, why such requesting party shall not pay the fee. cTDaEH

SECTION VII

Administrative Liability5

1. Non-compliance with FOI Manual. 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 the service.

2. Procedure in Administrative Cases. The Revised Rules on Administrative Cases in the Civil Service, adopted and promulgated by the Civil Service Commission through Resolution No. 1101502 dated 08 November 2011 shall be applicable in the disposition of cases under this Manual.

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

SECTION VIII

Separability Clause

If any sanction of this Manual is held unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force or effect.

SECTION IX

Effectivity

This Manual shall take effect immediately and shall be adopted by all Offices/Divisions/Units of BLGF. Supplementary or clarificatory circular or guidelines shall be issued as the need arises.

 

ANNEX A

Executive Order No. 02

ANNEX B

FOI Decision Makers and Approvers

 

 

 

ANNEX C

Inventory of Exceptions to Executive Order No. 2 (s. 2016)

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. HTcADC

1. Information covered by Executive privilege:

a. Presidential conversations, correspondences, and discussions in closed-door Cabinet meetings; 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; and

ii. information, record or document comprising drafts of decisions, orders, rulings, policy decisions, memoranda, etc.

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;

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

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

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 aScITE

iv. unjustifiably disclose investigative techniques and procedures.

b. Informer's privilege or the 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;

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

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

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

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, personal information or records, including sensitive personal information, birth records, school records, or medical or health records;

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

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

2) 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;

3) 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

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

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

 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; and (4) the name of the individual on a document prepared by the individual in the course of employment with the government; HEITAD

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

c. 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:

1) records of child and family cases;

2) children in conflict with the law from initial contact until final disposition of the case;

3) 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;

4) 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 child or an immediate family of the child;

5) 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;

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

7) names of victims of child abuse, exploitation or discrimination;

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

9) records, documents and communications of proceedings involving domestic and inter-country adoptions, including the identity of the child, natural parents and adoptive parents;

10) names of students who committed acts of bullying or retaliation;

11) first time minor (drug) offenders under suspended sentence 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 records of a drug dependent who was rehabilitated and discharged from treatment and rehabilitation centers under the compulsory submission program, or who was charged for violation of Section 15 (use of dangerous drugs) of the Comprehensive Dangerous Drugs Act of 2002, as amended; and

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

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:

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

b. Data furnished to statistical inquiries, surveys and censuses of the Philippine Statistics Authority (PSA);

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

c. Information gathered from HIV/AIDS contact tracing and all other related health intelligence activities;

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

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

f. Documents submitted through the Government Electronic Procurement System;

g. 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;

h. 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;

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;

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;

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;

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

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

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

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

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

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 to significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution; or TIADCc

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.

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;

b. Matters involved in an Investor-State mediation;

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

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

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;

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

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

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;

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

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

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

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:

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

2) 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); and AIDSTE

3) 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;

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.

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

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

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

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

ANNEX D

List of LGU Fiscal Data

The following are LGU Fiscal Data are as follows that are generally and readily available to the public:

a. Budget Operations Statement (BOS) — a financial report submitted by the Local Government Units to the Bureau of Local Government Finance prior to FY 2001. The LGUs' reports were consolidated by the Bureau and served as the primary data on financial conditions of the LGUs.

b. Statement of Income and Expenditures (SIE) — a financial report that includes additional accounts (i.e., other taxes, regulatory fees, service/user charges, toll fees, and inter-local transfers) from FYs 2001-2009 that capture more information to be used in monitoring, policy making, and research.

c. Statement of Receipts and Expenditures (SRE) — a financial report generated through the electronic eSRE system of the Bureau of Local Government Finance from FY 2010 to present. The SRE presents the receipts and expenditures for the General Fund, the Special Education Fund (SEF) and the Trust Fund. The data presented in the SRE are sub-totals of the major caption of various account classifications from its main source documents, namely: (1) Statement of Receipt Sources; and (2) Statement of Expenditures.

d. LGUs Fiscal Data for All Provinces/Cities/Municipalities by Region — a statement of receipts and expenditures data for Province, Cities and Municipalities by Region.

e. LGUs Annual Regular Income (ARI) — refers to the LGUs recurring revenues which comprised of Real Property Tax (Basic), tax on Business, Other Taxes, Regulatory Fees (Permit and Licenses), Service/User Charges (Service Income), Receipts form Economic Enterprises (Business Income), Internal Revenue Allotment (Current), Other Shares from National Tax Collection, and Interest Income.

f. LGUs Internal Revenue Allotment (IRA) Dependency — determines the level of dependency of the LGUs to their IRA share from the national government over the ARI. AaCTcI

g. LGUs Real Property Tax By Fund — the ad valorem tax imposed on real properties and their improvements. Real property includes lands, buildings, machinery and other improvements affixed or attached to the real property. Real property tax covers both the Basic Tax and the Special Education Fund (SEF) tax.

h. Revenue Generation Collection Efficiency By Region — collection efficiency of current and delinquent local revenues computed on the basis of actual collections vis-à-vis the set target for each local revenue source.

i. Consolidated Public Sector Financial Position — dataset that contains the combined financial positions of the National Government, the monitored non-financial government corporations, the Government Financial Institutions, Local Government Units (LGUs) and Social Security Institutions. For the LGUs, it contains the projected surplus/deficit for the succeeding three to four years.

j. Real Property Assessment Data and Schedule of Market Values — real property assessment and valuation data gathered from local assessment offices of the LGUs and consolidated at the BLGF Central and Regional Offices.

ANNEX E

FOI Request Flowchart-Central Office

 

ANNEX F

FOI Request Flowchart-Regional Office

 

ANNEX G

FOI Request Form

ANNEX H

Sample of FOI Response Template

 

Footnotes

1. Per DOF FOI Manual.

2.Ibid.

3.Ibid.

4.Ibid.

5.Ibid.