Receipt of Request for Information.

1.1 The FOI Receiving Officer (FRO) shall receive the request for information from the requesting party (if request was done through other sections, please refer them to the Records Section) and check compliance of the following requirements:

• The request must be in writing;
• The request shall state the name and contact information of the requesting party, as well as provide valid proof of identification or authorization; and
• The request shall reasonably describe the information requested, and the reason for, or purpose of, the request for information.

The request can be made through email, 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 such as but not limited to voter’s ID, senior citizen’s ID, PRC ID, SSS ID, and the like.

If through phone, kindly ask the requesting party to drop by the office and refer them to the IT Section.

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 FOI Receiving Officer (FRO) shall reduce it in writing.

1.3 The request shall be stamped received by the FRO, 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 requests, the email shall be printed out and shall follow the procedure mentioned above, and be acknowledged by electronic mail.

1.4 BOQ must respond to requests promptly, within the fifteenth (15) working day 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. In computing for the period, Art. 13 of the New Civil Code shall be observed.  The date of receipt of the request will be either:

1. 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
2. If the government office has asked the requesting party for further details to identify and locate the requested information, the date on which the necessary clarification is received.

An exception to this will be where the request has been emailed to an absent member of staff, and this has generated an ‘out of office’ message with instructions on how to re-direct the message to another contact. Where this is the case, the date of receipt will be the day the request arrives in the inbox of that contact.

Should the requested information need further details to identify or locate, then the 15 working days will commence the day after it receives the required clarification from the requesting party. If no clarification is received from the requesting party after sixty (60) calendar days, the request shall be closed. Provided that, upon request for clarification by the FOI Receiving Officer, the same shall inform the requesting party that if no clarification from their end is received within 60 days, the case is automatically closed thereafter. This will serve as advance notice of closure.

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

2.1 Request relating to more than one section under the BOQ. If a request for information is received which requires to be complied with, of different sections, the FRO shall forward such request to the said section concerned and ensure that it is well coordinated and monitor its compliance. The FRO shall also clear with the respective representatives of such sections that they will only provide the specific information that relates to their offices.

2.2 Requested information is already posted and available on-line. Should the information being requested is already posted and publicly available in the BOQ Website (http://quarantine.doh.gov.ph), the FRO shall inform the requesting party of the said fact and provide them the website link where the information is posted.

2.3 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.

4. Upon receipt of the request, the FRO shall assess and clarify the request if necessary.

In assessing, the following must be considered:

• The information requested contains sensitive personal information protected by the Data Privacy Act of 2012;
• The information requested falls under the list of exceptions
• The purpose for the request is contrary to existing laws and/or policies

If any of the above three instances is present, the FRO will immediately deny the request with notice to the requesting party of the grounds of such denial.

If the request is valid in form and substance, the FRO may proceed in retrieving the information requested. He or she shall then forward the request to the appropriate Data Custodian (Section/s Concerned) to make all the necessary steps to locate and retrieve the information requested. The Data Custodian shall ensure that the complete information requested be submitted to the FRO within 5 working days upon receipt of such request.

The FRO shall note the date and time of receipt of the information from the Data Custodian.

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

If the FRO 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.

5. 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 FRO should inform the requesting party 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.
6. Approval or Denial of Request

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 the request was granted and be directed to pay the applicable fees, if any.

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.

ANNEX B: What are the types of information that can be shared?

1. Information
   1. Records
   2. Documents
   3. Papers
   4. Reports
   5. Letters
   6. Contracts
   7. Minutes of Meetings
   8. Maps
   9. Books
   10. Photographs
   11. Research Materials
   12. Computer Stored Data
   13. Films
   14. Sound and Video
   15. Recording
   16. Magnetic or other tapes
   17. Electronic Data

2. Public Records – Information required by laws, executive orders, rules, or regulations to be entered, kept, and made publicly available by a government office.

3. Official Records – 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.

ANNEX C: List of Exceptions

1. Information for the Protection of Privacy of Persons

Sensitive personal information – data privacy act source of news report

Records of proceedings – minor victims

1. Prejudicial Premature Disclosure

Information that may endanger the financial stability of any financial institution proposed action that may frustrate implementation if disclosed

1. Confidential Info under Banking and Finance Laws

Secrecy on Bank Deposits Foreign Currency Deposits Anti Money Laundering Act Credit Information System Act

 

Freedom of Information Program One-Page Manual