Police Community Affairs and Development Course

(PCADC)

Lecture on the
Freedom of Information (FOI)
(November 3, 2022)

NUP Marichu C Lim

Planning Officer II (DPL)
 ORDER OF PRESENTATION
A. What is FOI?
B. Legal Bases
C. Salient Points of EO No. 2, S. 2016
D. The FOI Program
E. Purpose of the PNP People’s FOI Manual
F. Activation of PNP FOI Desks
G. Duties and Responsibilities of PNP FOI Receiving
Officers and PNP FOI Decision Makers
H. Procedure in Filing and Processing of the Request
I. Denial of the Request
J. Appeals in Cases of Denial of the Request
K. Duty to Publish Information & Protection of Privacy
L. Safekeeping of Records
M. List of Exceptions to Right of Access to Information
N. PNP FOI Standard Request Form
O. PNP FOI Standard Response Templates
P. Administrative Liabilities
Q. Electronic FOI
R. Modified One-Page FOI Manual
 What is FOI?
• FOI Program - government mechanism that enables
citizen to make a formal request to get information held
by the government, barring certain sensitive
information relating to privacy and national security.

• FOI Program is an integral element of the President’s

Good Governance Plan aligned to reforms and
initiatives that pursue greater transparency,
accountability, and citizen participation in governance.
 LEGAL BASIS
The 1987 Constitution

➢ Section 7, Article III - guarantees the right of the people

to information on matters of public concern.

➢ Section 28, Article II - the State adopts and implements a

policy of full disclosure of all its transactions involving
public interest.
 Memorandum from the Executive Secretary
dated November 24, 2016
➢ Inventory of Exceptions to Executive Order No. 2, S. 2016.

Republic Act No. 10173 dated August 15, 2012

(Data Privacy Act of 2012)
➢ Policy of the State to protect the fundamental human right of
privacy, of communication while ensuring free flow of information to
promote innovation and growth.

Republic Act 9485 dated June 2, 2007

Anti-Red Tape Act of 2007 (ARTA Law)
➢ Act to improve efficiency in the delivery of government service to the
public by reducing bureaucratic red tape, preventing graft and corruption,
and providing penalties.
 Salient Points of EO No. 2, S. 2016

I. Every Filipino shall have access to information, official

records, public records and to documents and papers pertaining
to official acts, transactions or decisions, used as basis for policy
development.
Information Official Records Public 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
➢ Records function or duty.
➢ Documents
➢ Papers
➢ Reports
➢ Letters Information required by
➢ Contracts laws, executive orders,
➢ Minutes of Meetings
➢ Maps
rules, or regulations to
➢ Books be entered, kept, and
➢ Photographs made publicly available
➢ Data by a government
➢ Research Materials office.
➢ Films
➢ Sound and Video Recording
➢ Magnetic or other tapes
➢ Electronic Data
➢ Computer Stored Data
 Salient Points of EO No. 2, S. 2016

II. Coverage of Executive Order III. Government entities outside the

Executive Branch are encouraged
to comply:

➢ All departments;
➢ Bureaus;
➢ Offices; and
➢ Instrumentalities of the
Executive Branch

➢ Including, Government-Owned
or Controlled Corporations
(GOCCs) ;
➢ State Universities and Colleges
(SUCs); and
➢ Local Water Districts (LWDs.).
The FOI Program
 Purpose

➢ To enhance transparency and accountability in the PNP’s

official acts, transactions and decisions;

➢ To guarantee the right of the people to information on

matters of public concern; and

➢ One of the requirements for an Agency to be eligible for the

grant of Performance Based-Bonus (PBB).
 Approved PNP People’s FOI Manual

• The PNP People’s Freedom of Information

(FOI) Manual was approved by Chief, PNP on
August 2, 2018.
Contents of PNP People’s FOI Manual

a. Contact Information
b. Receiving Officer
c. Procedure
d. Standard Forms
e. Appeal
f. Schedule of Fees
 Activation of FOI Section and Desks
General Order Number DPL-17-19 (Pursuant to NAPOLCOM
Resolution No, 2018-182 dated April 17, 2018)

➢ The FOI Section, PID-DPCR and all FOI Sections/Desks

shall be manned by 2,157 Uniformed Personnel composed
of 124 PCOs and 2,033 PNCOs.
The staffing of FOIS under PID, DPCR and
all FOI Sections/Desks are as follows:
 Duties of the FOI Receiving Officer (FRO)
➢ provide assistance and support to Requesting Party;
➢ receive FOI request, conduct assessment, clarify request and come-up with
an initial evaluation result;
➢ refer the requesting party to concerned PNP office/unit which has
jurisdiction of the information requested;
➢ coordinate with requesting party regarding all concerns related to the request;
➢ ln case the requesting party is unable to make a written request because of
illiteracy or due to disability, he or she may make an oral request, and the
FRO shall reduce it in writing;
➢ ensure timely transmittal of the response to the requesting party; and
➢ provide assistance/support to FOI Decision Maker and other members of the
FOI Section
Duties of the FOI Decision Maker (FDM)

➢ conduct evaluation of the request and has the authority to grant or

deny the request;
➢ The FDM is the focal person to provide guidance in implementing
the FOI program within his/her office; and should have the ability to
provide guidance on, including but not limited to, exceptions,
application and clarification on search and retrieval procedures,
redaction and extraction of data, and handling of non-traditional
requests;
➢ the FDMs shall ensure that policies and guidelines are being
implemented in their respective agencies; and
➢ When on leave or on official business, designate an OIC, FDM.
 How Request is made?

Every Filipino who requests access to information shall submit a written

report using the prescribed format containing:
➢ Date of the request;
➢ Name of the Requesting person;
➢ Mailing Address;
➢ Contact number (landline and/or cellphone);
➢ Email address;
➢ Name of the Organization on behalf of which represented by the
requesting party, if any;
➢ Brief description of the requested info and purpose of request;
and
➢ Signature of the requesting party.
 How Request is made?

➢ Present at least one valid ID with picture;

➢ Requesting Person must state the desired mode of receiving
the requested information;
➢ If the requesting person is asking for public information on
behalf of someone else, must submit an authorization letter
or Special Power of Attorney;
➢ All requests must be put in writing. If unable to complete the
request, the designated FOI receiving officer must assist in
filing out of the form.
What are the Valid Proof of Identification?

➢ Company ID;
➢ Voter’s ID;
➢ Passport;
➢ GSIS/SSS ID;
➢ Voter’s ID;
➢ Driver’s License;
➢ PRC ID;
➢ Senior Citizen’s ID;
➢ Postal ID;
➢ Philhealth ID; and
➢ Valid Student ID with
authorization from
School/Department
Head
Standard Processing Time
 Fees
➢ No fee shall be charged, however, the
reproduction of the documents
/records /information shall be
shouldered by the requesting person

Mode of Response to Request

➢ Personally receiving the
response;
➢ May be released in electronic file;
and
➢ Via postal mail or private courier
 DENIAL OF FOI REQUEST
What are the Grounds for Denial of FOI Request?

➢ The information requested is among the limitations and exclusions stated in

the manual;
➢ Request is contrary to laws, morals or public policy;
➢ Requesting party failed to comply with the requirements stated in the manual;
➢ Identity of the requesting party appears to be fictitious;
➢ The information/public record/official record being requested is not in the
possession or control of the office.
APPEALS IN CASES OF DENIAL OF FOI REQUEST
Denial of request shall be appealed to the
PNP Appeals and Review Committee (ARC)
When to Appeal? How to Appeal?

➢ Written appeals must ➢ The PNP ARC shall decide the

be filed by the same appeal within 30 working days
person making the from the filing of the written
FOI request within 15 appeal; and
working days from
the notice of denial or ➢ Upon exhaustion of administrative
from lapse of the appeal remedies, the requesting
relevant period to party may file the appropriate
respond to the case in the proper courts in
request. accordance with the Rules of
Court.
 Duty to Publish Information
The PNP shall regularly publish, print and disseminate at no cost to the public and in
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:
➢ Description of its mandate, structure, powers, functions, duties and decision-making
processes;
➢ Description of frontline services it delivers and the procedure and length of time by which
they may be availed of;
➢ Names of its key officials, their powers, functions and responsibilities, and their profiles and
curriculum vitae;
➢ Work programs, development plans, investment plans, projects, performance targets and
accomplishment, and budgets, revenue allotments and expenditures;
➢ Important rules and regulations, orders or decisions;
➢ Current and important database and statistics that it generates; and
➢ Bidding processes and requirements.
 Protection of Privacy
While providing for access to information, the PNP shall afford full protection to
a person’s right to privacy as follows:

➢ The PNP shall ensure that personal information, particularly sensitive

personal information, in its custody or under its control is disclosed only as
permitted by existing laws;

➢ The PNP shall protect personal information in its custody or under its control
by making reasonable security arrangements against unauthorized access,
leaks or premature disclosure; and

➢ The FRO, FDM or any employed or official who has access, whether
authorized or unauthorized, to personal information in custody of the PNP,
shall not disclose that information except as authorized by existing laws.
 Repository of Records
➢ The FOI Section, PID, DPCR shall serve as the central
repository of all requests for access to information and serves
as the local primary contact where the public can call and ask
questions regarding requests for access to information.

➢ FOI Desk will then furnish a copy of all requests to the FOI
Section under the PID of DPCR which will serve as the central
repository of all records on a monthly basis.
 Inventory of Exceptions to
Executive Order No. 2, S. 2016

For guidance of all government offices and instrumentalities covered by EO No. 02 s.

2016 and the general public, the following are the exceptions to the right of access to
information, as recognized by the Constitution, existing laws, or jurisprudence:
 Updating the Inventory of Exceptions to the Right to
Access of Information under Executive Order No. 2, S. 2016

The list of exceptions shall be without prejudice to existing laws, jurisprudence, rules and
regulations authorizing the disclosure of the excepted information upon satisfaction of certain
conditions in certain cases, such as consent of concerned party or as may be ordered by the
courts.
The FOI Exceptions List
The FOI Exceptions List
The FOI Exceptions List
LIST OF DETAILED EXCEPTIONS TO RIGHT
OF ACCESS TO INFORMATION IN THE PNP
A. OPERATIONS
• Accomplished SOCO Forms • Inventory of PNP Equipment and Properties
• Airport Security Program • Laboratory Procedures
• Annual Operations Plans and Budget (AOPB) • Laboratory Reports
• List of IP Addresses
• Aviation Security Operational Procedures (ASOP)
• Locations of Ammo Dump and Warehouse
• Budget Proposal • Locations of Repeater Sites and its Operation
• Buy Bust Operation • LOI Patnubay Report
• Camp Defense Plan • Maps (Troops disposition and friendly forces), its counterpart and
• Camp Development Plan foreign dignitaries (operations)
• Master Training Action Plan (MTAP); Annual Training
• Data from Vehicle Information Management System (VIMS)
Plan; and Regional Training Plan
• Data from Vehicle Information System (VIS) • Movement of the Head of State, Dignitaries and VIPs
• Data of Vehicles registered in MVCD – HPG database nationwide during major event and visit to our country
• Detailed Security Plan/Deployment Plan • Movement of person under custody (Operations)
• Detailed Status of mobility, firepower, communication, investigative • NALECC Issuances and Resolutions
• National Civil Aviation Security Program
and ISO Equipment
• Operational Plans
• Disposition and Location of Troops of Public • PNP-AFP Joint Letter Directives, Campaign Plans and
Safety Forces SOPs
• Explosive Inventory Magazine Record • Radio Communication Capability
• Firepower Capability Assets • Radio Frequencies being officially used
• Follow-up Operations of Suspect • Radiographic Message
• Reports/documents on Maintenance and other Operational Expenses
• EOD Inventory Equipment, Post Blast Investigation Report,
(MOOE)
Operation Plan for Disposal, Operational Records and Classified • Reports on Program and Review Analysis (PRA)
Documents from Intel Community • Result of Digital Forensic Examinations on cellphones and computers
• Hot Pursuit Operations • Result of DRD Test and Evaluation
• Implans/Oplans/Coplans • Simulation Exercise Details
• Situation Reports
• Information of on-going Research and Development
• SOCO After Activity Reports
• Internal Security Operations (ISO) Fund • Strength and Capability of Augmentation of Personnel
• Internal Security Operations (ISO) Plan and Reactionary Standby • Troop Movement
Support Force (RSSF) Deployment
 B. INVESTIGATION
• Actions taken re COA Audit Findings
• Case Folders with complete attachments of Pending Cases
• Case Folders/Records of all Gender Based Cases (Violence
against Women, Violence Against Children and Children in Conflict
with the Law)
• Contents/complete attachments of the folders of Decided Cases
• Crime Details such as victims and witnesses identity
• Digital evidence containing nudity and sexual acts
• Drafted decisions subject for approval of the Disciplinary Authority
• Information System Source Code
• Intensification of Police Operations
• Inter-Agency Committee on Legal Action Cases
• Investigation Competency Trainings (Order of Merit)
• Isolated Cases Involving Minor and Heinous Crime
• Investigation Report of Pending Cases
• List of PNP personnel who were found positive for drug use
pending resolution of their administrative cases in view of the
Confidentiality Rule as provided by RA 9165
• Matters consulted to a lawyer by a PNP member
• Report on Internal Cleansing
• Specific location of person under custody at the PNP custodial
service unit
• Unit Crime Periodic Report (UCPER)
C. INTELLIGENCE
• Intelligence Alpha List
• Intelligence Fund
• Classified documents (confidential and secret) with respective
security advise is not intended for public dissemination
• Complete Background Investigation (CBI) of Personnel/PO1
Applicants/NUP Applicants
• Detailed Itinerary of Ranking/ Government Officials and Foreign
Dignitaries
• Implementation of Warrant of Arrest or Search Warrants
• List of High Value Target of Drug Related Cases
• List/Bio Profile Forms of Drug Personalities
• List of Sightings
• Other Network related Configuration and Security Documents
• Radio Network Program for Special Events such as APEC, ASEAN
Summit, BIMP-EAGA, visits of Foreign President/Dignitaries, etc
• Reminders on NPA/LAGs/LTG Attacks and Counter Measures
• Report on Internal Security Operations (ISO) Incidents
Accomplishment & CNN Activities
• Security Coverage to all occasion deployment security to code 1,
code 2 and other VIPs
• Security Survey Inspection on Business, Banking and other
Financial Establishments
• Summary of Information of Targets
• Tactical Interrogation Report
• Target Hardening Measures
• Threat Assessment for Issuance of PTCFOR
• Tokhang and Project Double Barrel Personalities
• Transferred PNP Personnel Under Monitoring
 D. POLICE COMMUNITY RELATIONS
• COMPACT Target Barangays
• Media Lines (Internal)
• Local Government Unit/Non-Government Organization
Support
• Pastoral and Family Counselling Records
• Source of INFOTEXT from Hotline 888; PNP text “BATO”;
and Text 2920
E. ADMINISTRATIVE
• Accomplished BIR forms No 2306, 2316 and 2307
• Actions taken re COA Audit Findings
• Accomplished BIR forms No 2306, 2316 and 2307
• Advice to debit account validated by LBP
• Amount and Monthly Pension of Retiring/Retired PNP
Personnel
• Cash Book
• Certificate of Declared Legal Beneficiaries
• Communication Electronics Operating Instruction (CEOI)
• Computer Generated Personal Data Sheet (PDS) and
General Information (GI)
• Computer Network Plan
• Configurations, Logs, and Reports of Firewalls
• Configurations and Logs of Switches
• Database Records
• Data from HPG - Archive
E. ADMINISTRATIVE
• Data for Record Check
• Delinquency Report
• Detailed Floor Plan of PNP Buildings
• Interview Evaluation Form of Applicants filled out by the
members of the promotion board pending approval of
appointment and resolution
• Issuances (Special Orders/General Orders/Letter Orders)
• Leave Records (Breakdown of Leave Credits)
• Letter Orders (Travel Order, Detailed Order)
• List/Name of Applicants who Failed in Psychiatric and
Psychological Examination (PPE) and Physical, Medical and
Dental Examination (PMDE)
• Memorandum Training Directives
• Name of PNP personnel with Administrative and Criminal
Cases
• Non-Property Accountability Clearance;
• Office Journal
• Payroll and Pension Information (Names, amounts, Claims,
and other Relevant Information
• Payslips
• Personal Services Claims (PS)
• Physical Fitness Sports Development Program
• Pink Blotter
• PNP Housing Data
• PNP ID Cards
 E. ADMINISTRATIVE E. ADMINISTRATIVE

• PNP Personnel Reassigned in PRO ARMM and • Reports on Monthly Disbursement of Funds
Augmented to Task Force Basilan • Result of Board Deliberation and Worksheet pending
• PNP Physical Conditional and Combat Sports approval
• Data Monitoring of Career Mandatory Courses • Salary System
• Service Records
• Data Monitoring of Weight Loss • Specialized Training
• Payroll and Pension Information (Names, Amounts, • Summary Hearing Officer resolution of administrative
Claims and Other Relevant Information complaints against PNP personnel
• Program of Expenditures (POE) • Sworn Statement of Assets and Liabilities Networth
• Program of Instruction, Budgetary Requirements and (SALN)
Specialized Training Pictorials • System Documentation
• Recommendation of RIAS pending approval of • 201 File of PNP Uniformed and Non-Uniformed
Disciplinary Authority Personnel
• Reinstated PNP Personnel Reassigned in PRO • Update on PCOS Occupying COP Position as OIC
ARMM Capacity
• Reports on Cash Advances • User Names and Passwords of Network Equipment
• Reports on Disbursing Officers Balances • Utilization of Monthly Allocation and Expenses
• Report on Downloading of PINSP and PO1s for Reports
Patrol Duties • Utilization of MOOE Fund for POL and Repair of
• Report on Financial Operation Vehicles
• Vouchers
 National Privacy Commission Advisory No. 2017-02
Access to Personal Data Sheets of Government Personnel

➢ Disclosure of personal data shall only be allowed when permitted by existing

laws;
➢ Under DPA, only those that relate to the position or function of an individual
working for he government may be made available to the public; and
➢ Other types of personal data especially sensitive personal information, may be
released only if necessary to be declared, specified and legitimate purpose of the
requesting party.

FOI Memorandum Circular No. 4, s. 2019

Guidelines on Redaction and Extraction of Information
before Disclosure to the Public
➢ All information under the inventory of exceptions, pursuant to EO No. 2, s. 2016,
which are included in the document to be released shall be redacted;
➢ Redactions can be made to physical documents using redaction tape or black
marker pens; and
➢ Information extraction is the process of separating/isolating specific information
from a set of data.
 Memorandum Circular No. 2020-037
Police Blotter and CIRAS Information Access

➢ Guidelines and procedures in the proper management and information access of those
written in police blotter and those in the CIRAS database;

➢ Access to the police blotter and CIRAS shall be only be limited to PNP personnel; and

➢ Shall not be divulged to anyone unless they are among the real-interest or there is an
order from the court.

FOI Memorandum Circular No. 21-05

Guidelines on the Referral of requested information, official record/s and public record/s to the
appropriate government agency otherwise knows as the "No Wrong Door Policy for FOI"

➢ Referral to appropriate government agency shall mean that another government

office is the proper repository or custodian of the requested information or
records, or have control over the said information or records.

➢ If Government Agency fails to refer the request within three (3) working days
upon its receipt, the FRO shall act on it within the remaining period to respond
pursuant to EO No. 02, s. 2016. No fresh period shall apply.
 FOI Memorandum Circular No. 21-03
Retention Period of Personal Information and Sensitive Personal Information Gathered through
the Standard FOI Request Form and Electronic Freedom of Information (eFOI) Portal

➢ Personal and sensitive personal information processed by government agencies

for the purpose of making an FOI request shall be retained for two (2) years. Said
information may include but are not limited to:
i. FOI request forms containing personal and sensitive personal information;
ii. Valid proof of identification (i.e., Government-issued IDs, school-ID, etc.);
iii. Personal address; and
iv. Personal contact numbers.
➢ For the standard mode, the 2-year retention period shall be counted after the
transaction has been closed, whether successful or denied.
➢ For the eFOI portal, the 2-year retention period shall be counted from the last
login of the requesting party.
PNP FOI STANDARD REQUEST FORM
PNP FOI STANDARD RESPONSE TEMPLATES
 Administrative Liabilities

Non-compliance with FOI based on Executive Order No. 02, s.

2016 and or failure to comply with the provisions of the PNP
People’s Freedom of Information (FOI) Manual shall be a
ground for administrative liabilities in conformity with
NAPOLCOM Memorandum Circular No. 2016-002.

a. Reprimand;
b. 1 Day suspension (minimum) up to
60 days suspension (maximum); and
c. Dismissal from service.
 ELECTRONIC FOI
➢ The electronic Freedom of lnformation (eFOl) Portal (www-loi.gov.ph) is an
online platform that was developed to provide users ease and convenience in
requesting for information, tracking of requests, and receiving the information
that they requested online;
➢ The platform is designed to assist government offices in receiving, processing,
and responding to the requests that they received online;
➢ Government agencies covered by EO No. 2, s. 2016 shall enroll and onboard
to the eFOl portal, www.foi.gov.ph, to ensure that the public will have ease and
convenience in requesting for information to different agencies under the
Executive Branch; and
➢ As transparency is the primary goal of the program, the details of the
requested information, response time, and outcomes of requests lodged to the
eFol portal are published publicly.
KEY ISSUES ON PROCESSING OF REQUEST
1. Written Request. Requesting Party may submit written request form or log-
in through the eFOI portal.

2. Standard Request. Request can be made through walk-in, snail mail and
other electronic or paper-based means.

3. Information outside the FOI Program. If information requested falls outside

the scope of FOI Program, FDM should advise the requester that the
information may be provided through other platforms:
a. Frontline/Government Services. Refers to process or transaction
between clients and government offices or agencies involving applications for
any privilege, right, permit, license or renewal or extension of the enumerated
applications/requests.
 KEY ISSUES ON PROCESSING OF REQUEST
b. Complaints. Complaint lodged in the FOI platform shall be forwarded to the
appropriate office or unit. This shall not be counted as FOI request.

c. FOI requests lodged outside the FOI Portal. Request for information lodged in
complaint platform shall be forwarded accordingly to the FRO or office responsible
for receiving requests for information.

4. Relationship between FOI and DPA. Implementation of the FOI and Data Privacy
Act (DPA) shall complement each other. Though there are a number of differences
between FOI and DPA processes which make it challenging to operate under both
policies, National Privacy Commission and FOI-PMO shall cooperate, collaborate and
provide assistance to each other in the performance of their respective functions.