PEZA People's Freedom of Information Manual

March 20, 2017

PEZA PEOPLE'S FREEDOM OF INFORMATION MANUAL

WHEREAS,the Philippine Economic Zone Authority (PEZA) supports the Department of Trade and Industry (DTI) in its commitment to release information in its control involving public interest, subject to limitations provided under the Constitution, applicable laws, rules, regulations and procedures;

WHEREAS,it is the policy of PEZA to uphold the right to freedom of information and the implementation of public disclosure of its transactions involving public interest;

WHEREAS, pursuant to Executive Order (EO) No. 02 (s. 2016) entitled "Operationalizing in the Executive Branch the People's Constitutional Right to Information and the State Policies to Full Public Disclosure and Transparency in the Public Service and Providing Guidelines Therefor," PEZA hereby adopts its People's Freedom of Information (FOI) Manual, as follows:

1. Policy Statement

 In line with the constitutional mandate of upholding the right to freedom of information and implementation of full public disclosure of all its transactions involving public interest, PEZA is committed to release information to the public which involves public interest, subject to limitations as provided under the Constitution, applicable laws, rules, regulations and procedures, such as Republic Act (RA) No. 10173, otherwise known as the "Data Privacy Act," and the List of Exceptions approved by the Office of the President, among others.

2. Purpose

 The purpose of this FOI Manual is to guide the public in requesting for information from PEZA as prescribed under Executive Order (EO) No. 2 dated 23 July 2016. CAIHTE

3. Scope

 This Manual covers all requests for information which are produced and kept under the control of PEZA and which are not publicly available through the PEZA website and other public sources such as, but not limited to, the Official Gazette and newspapers of national circulation.

4. Exceptions

 Any information which cannot be released to the public as provided under existing laws and its implementing rules and regulations, jurisprudence and the circularized inventory of exceptions issued pursuant to E.O. No. 2.

 In addition, any information protected under the Data Privacy Act of 2012 (R.A. 10173)shall not be released unless with consent of the private party concerned.

5. Requirements and Procedures

5.1 The Requesting Party must completely and legibly fill-up the FOI Request form (Annex A) and prepare a photocopy of the Requesting Party's valid government-issued identification card.

 The request may also be filed and sent by electronic mail (email) to foi@peza.gov.ph. A copy of the FOI Request Form can be downloaded from the PEZA website at www.peza.gov.ph/foi. The completely and legibly filled-up form should also be accompanied by a clearly scanned copy of the Requesting Party's valid government-issued identification card.

 The request, whether in writing or by email, must contain the full name and updated contact information of the Requesting Party.

 The requesting party shall submit the request to the FOI Receiving Officer located at PPRG Bldg. 5, 5th Floor, DOE-PNOC Complex, Energy Center, 34th St., Bonifacio Global City, Taguig City

5.2 The request shall be stamped received by the FOI Receiving Officer, indicating the date and time of the receipt of the written request.

5.3 The Requesting Party will receive a response from PEZA within fifteen (15) working days following the date of receipt of the request. A working day is any day other than a Saturday, Sunday or a day which is declared a national public holiday in the Philippines. DETACa

5.4 Should the requested information need further details to identify or locate, the fifteen (15) working days will commence the day after it receives the required clarification from the requesting party. In such cases, the requesting party shall be informed by PEZA.

5.5 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 requesting party shall be informed by PEZA of the need for an extension of time.

 The Requesting Party shall be informed of the extension, setting forth the reasons for such 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.

5.7 Once PEZA approves or denies the request, the Requesting Party shall be notified by PEZA either in writing or by email at the given contact information of the Requesting Party.

6. Approval of Request

 In case of approval, PEZA shall ensure that all records that have been retrieved and considered be checked for possible exemptions, prior to actual release. PEZA shall prepare the letter or email informing the Requesting Party within the prescribed period that the request was granted.

7. Denial of Request

 In case of denial of the request wholly or partially, the requesting party shall be notified by PEZA, within the prescribed period, 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.

8. Remedies in Case of Denial

 The Requesting Party whose request for access to information has been denied may appeal the denial of the request.

 A written appeal must be filed by the Requesting Party within fifteen (15) days from receipt of the notice of denial. The request for appeal should be addressed to and contain the subject line "FOI Appeal": aDSIHc

FOI Appeals Unit

Attention:	Group Manager
Subject:	FOI Appeal

 The appeal shall be decided within thirty (30) working days from the filing of said written appeal.

 The decision of the appeals authority shall be final.

 The requesting party may file a case in the proper courts upon exhaustion of administrative remedies.

8. n Fees

Schedules of Fees

Service	Cost
Photocopy/reproduction if the requested information exceeds 10 pages (11 pages or more)	PhP2.50 per page starting on the 11th page and onwards.
Retrieval Fee	Retrieval Fee of documents stored in the Head Office: a. For documents retrievable within one week: PhP100.00 b. For documents requiring more than 1 week: PhP200.00
Appeal of Notice of Denial (cover administrative expenses and research fee)	PhP400.00

9. Administrative Liability

 PEZA's failure to comply with the provisions of this Manual shall be deemed a violation of reasonable office rules and regulations.

 The Revised Rules on Administrative Cases of the Civil Service shall be applied for any violations in this Manual.

10. Effectivity

 This Manual shall take effect immediately.

ANNEX A

FOI Request Form(Please download the form beside this manual or go to www.peza.gov.ph/foi/form)

ANNEX B

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. ETHIDa

Your request

You asked for .

Response to your request

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

Thank You.

Respectfully,

__________________FOI Receiving Officer

ANNEX C

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 .

Response to your request

[Some/Most/All] of the information you have requested is already available online from 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 appeal the response, by writing to .Your appeal 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 appeal process and tell you the result, within 30 calendar days from the date when we receive your appeal.

If you are not satisfied with result of the appeal, 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

ANNEX D

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. cSEDTC

Your request

You asked for .

Response to your request

While our aim is to provide information whenever possible. In this instance, we are unable to provide [some of] the information you have requested because an exception(s) under section(s)

Your right to request a review

If you are unhappy with this response to your FOI request, you may appeal the response, by writing to .Your appeal 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 appeal process and tell you the result, within 30 calendar days from the date when we receive your appeal.

If you are not satisfied with result of the appeal, 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

 

n Note from the Publisher: Copied verbatim from the official copy. Duplication of item no. 8.