Freedom of Information Manual Bureau of Fire Protection Original Date of Publication: 31 January 2017 Date Revised: August 30, 2017TABLE OF CONTENTS Section 1. Overview 1. Purpose of the Manual .. 2. Structure of the Manual 3. Coverage of the Manual ition of Terms ... Section 2. Defi Section 3. Promotion of Openness in Government . 1. Duty to Publish Information ....... : 2. Accessibility of Language and Form . 3. Keeping of Records Section 4. Standard Procedure 1, Request for Information 2. Manner of Making Request 3. Receipt of Request 4, Period to Respond .. 5. Transmittal of Request 6. Response on the Request Section 5, Remedies in Case of Denial of Request .. Section 6. Request Tracking System .... Section 7, Fees ... Section 8. Administrative Liability . Section 9. FOI Officers .... Section 10, Posting and Effectively .. ANNEXES A. Executive Order No. 02 B. List of Exception to FO! . C. FO! Request Form D. FO! Response Template (completion of form) E. FOI Response Template (extension of period) F, FOI Response Template (clarification) G. FOI Response Template (approval) . H. FOI Response Template (denial) |. FOI Response Template (similar to previous request) . J. FOI Response Template (available online) K. FOI Response Template (not in custody) AROOWNN NMYN 2 aaa aSECTION 1: OVERVIEW 4, Purpose of the Manual. The purpose of this Freedom of Information Manual (Manual) is to provide the process by which the Bureau of Fire Protection (BFP) shall deal with request of information received under Executive Order No. 2, s, 2016 on Freedom of information (FOI). (Annex A) 2. Structure of the Manual: This Manual sets out the definition of terms. Standard operating procedures, remedies, fees, and administrative liability. It also provides for the relevant forms and other annexes. 3. Coverage of the Manual: The Manual shall cover all request for information directed to the BFP. 4. Responsible Officers: For purposes of the Manual, there shall be the FOI Receiving Officer (FRO), the FO! Decision Maker (FDM), and the FO! Appellate Authority. SECTION 2: DEFENITION OF TERMS 1. INFORMATION shall mean any records, documents, papers, reports, letters, contracts, minute and transcript of official meetings, map, 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 material recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in our under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office. 2. OFFICIAL 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 RECORDS shall include information required by laws, executive orders. Rules, or regulation fo be entered, kept, and made publicly available by a government office. 4. PERSONAL INFORMATION shall refer to any information, whether recorded in a material form or not. From which the identify 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. 5, SENSITIVE PERSONAL INFORMATION shall be as defined in the Data Privacy Act of 2012 (Republic Act No. 10173), i.e. personal information: (1) About an individual's race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; 1 | Freedom of information Manual of the Bureau of Fire Protection(2) About an individual's health, education, genetic or sexual life of a person, or to any proceedings for any offense committed or alleged fo have 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 Congress to be kept classified. SECTION 3. PROMOTION OF OPENNESS IN GOVERNMENT 4. Duty to Publish Information. The BFP shall regularly publish. Print and disseminate at no cost to the public and in an accessible form. In conjunction with Republic Act 9485, or the Anti-Red Tape Act of 2007, and through their website, timely, true, accurate and updated key information including, but not to: a. A description of its mandate, structure, powers, function, duties and decision making process; b. A description of the frontline services it delivers and the procedure and length and time by which the may be availed of; c. The names of its key officials, their powers, function and responsibilities, and their profiles and curriculum vitae; 4. Work programs, development plans, investment plans, projects, performance targets and accomplishment, and budgets, revenue allotments and expenditures; , Important rules and regulations, orders or decisions; f, Current and important database and statistics that it generates: g. Bidding processes and requirement; and h, Mechanisms or procedures by which the public may participate in or otherwise influence the formulation of policy or the exercise or its powers. 2. Accessibility of language and Form. The BFP shall endeavor to translate key information into major Filipino languages and present them in popular form and means, 3. Keeping of Records. The BFP shall create and/or maintain in appropriate formats, accurate and reasonably complete documentation or records, policies, transactions, decisions, resolution, enactments, actions, procedures, operations, activities, communications and documents recsived or filed with them and the data generated or collected. SECTION 4, STANDARD PROCEDURE (see Annex L for Flowchart) 1. Request for Information: All requests for information shall: (1) Be in writing and be accomplished using the prescribed form: (Annex C) 2.| Freedom of information Manual of the Bureau of Fire Protection(2) Provide the full name and contact information of the requesting party including a valid government identification card with photograph and signature; and (3) Reasonably describe the information requested, and the reason for, or purpose of, the request for information. The request for information shall be made available in the offices of the BFP and on the BFP website. Ifthe FRO determines that the request is not complete, the FRO shall immediately return it and inform the requesting party to submit the complete form. (Annex D) 2. Manner of Making Request: A request for information shall be made by the requesting party by delivering it personally to the BFP or any at the offices, by sending it by mail, or by sending it by electronic email In case the requesting party is unable to make a written request because of illiteracy or disability, he or she may make an oral request and the FRO shall reduce it into writing. The requesting party shall sign the form. 3. Receipt of Request: A complete request for information shall be signed and stamped received by the FRO after it has been delivered to him/her by the personnel who actually received the request. The FRO shall indicate the date and time of receipt and the name, rank, title and position of the said personnel at the receiving station, For email requests sent on a non-working day, and during non-working hours, receipt shall be at the start of the working hours of the next working day. A confirmation email shall then be sent to the requesting party. For email requests to be considered received: (1) they must be sent to ofcbfp@gmail.com; and (2) an acknowledgement email must be sent to the requesting party within 1 (one) working day 4, Period to Respond: 4.4 The BFP shall respond to the requesting party within fifteen (15) working days from the date of receipt of the complete request for information 42 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 Civil Code shall be observed. The date of receipt shall be: (1) The date when the request is physically delivered to the BFP; (2) The date when the request is received by mail by the BFP; or 3 | Freedom of Information Manual of the Bureau of Fire Protection(3) The date when the request is electronically received by the BFP, provided that, when the request has been emailed to a BFP employee who is absent and this has generated an ‘out of office’ message with instructions on how to re-direct the message to another contact, then it shall be the date when the request is electronically delivered to that contact. 4.3 The period may be extended whenever the request requires extensive search of the records facilities of the BFP, examination of voluminous records, or in case of the occurrence of fortuitous events or other analogous cases. The FDM shall inform the FRO, and the FRO shall inform the requesting party of the extension, setting forth the reasons for such extension. (Annex E) In no case shall the extension exceed twenty (20) working days, unless exceptional circumstances warrant a longer period. 5. Transmittal of Request by the FRO to the FDM: The FRO shall forward the request for information to the FOM within one day from receipt. The FRO shall record the date and time and the name of the FDM who received the request in a record book with the corresponding signature. 6. Response on the Request: Upon receipt of the request for information from the FRO, the FDM shall assess the request. Response shall be relayed by the FRO to the requesting party, by mail or by email. 6.1 Request Relates to More Than One Division/Unit: If the FDM needs details form different BFP divisions/units, clarification from said divisions/units shall be made. 6.2 Requesting Needs Clarification: If the FDM needs further details to identify or locate the information, clarification from the requesting party shall be made. (Annex F) This shall stop the running of the 15-day period, which will continue to run the day after the required details are received from the requesting party. 6.3 Approval of Request: Upon receipt of the requested information from the FOM, the FRO shall collate the information, notify the requesting party in writing, and direct the party to pay any applicable fees. (Annex G) 6.4 Denial of Request: No request shall be denied by the FDM unless (i) the reason for the request is contrary to law or rules and regulations (Annex H-2), or (ii) the request falls under the exceptions under the Inventory of Exceptions issued by the Office of the President (Annex H-2). The FRO shall notify the requesting party in writing, clearly setting forth the ground for denial and the circumstances on which the denial is based. 4 | Freedom of Information Manual of the Bureau of Fire Protection.6.5 Requested Information is Substantially Similar or Identical to a Previous Request: The BFP shall not be required to act if, upon determination by the FDM, the requested information is substantially similar or identical to a previous request by the requesting party, whether the same hes been granted or denied. The requesting party shall be advised accordingly. (Annex |) 6.6 Requested Information is Available On-Line: If the FDM determines that the requested information is already available on the BFP website or any other government website covered by thus E.O the requesting party shall be advised accordingly and provided with the website link where the information is posted. (Annex J) 6.7 Requested Information is Not in the Custody of the BFP: if the FDM determines that the requested information refers to another govemment agency, the request shall be transferred to such appropriate government agency, copy furnished the requesting part. (Annex K-1) if the government agency is not within the coverage of E.0. No 2, the requesting party shall be advised accordingly and provided with the contact details of that office, if known. (Annex K-2) SECTION 5. REMEDIES IN CASE OF DENIAL 1. In case of denial of a request for information, the requesting party may appeal to the FO1 Appellate Authority. The appeal shall be in writing, and shall be filed within fifteen (15) working days from the notice of denial of from the lapse of the period to respond to the request. The appeal shall be decided within thirty (30) working days from receipt of the appeal, 2. Upon exhaustion of administrative appeal remedies, the requesting parly may file the appropriate judicial action in accordance with the Rules of Court. SECTION 6. REQUEST TRACKING SYSTEM The BFP shall establish a system to trace the status of all requests for information received by it, which may be paper-based, on-line or both. SECTION 7. FEES 1, No Request Fee: The BFP shall not charge any fee for accepting requests for access to information. 2, Reasonable Cost of Reproduction and Copying of the Information: The BFP may charge a reasonable fee to reimburse necessary costs, including actual costs of 5 | Freedom of Information Manual of the Bureau of Fire Protectionreproduction, copying, and digitization of the information required. The FRO shall immediately notify the requesting party in case there be any such costs. 3. Schedule of fees to be imposed shall be approved by the DILG pursuant to section 54, Chapter 12. Book IV of Executive Order 292 (Administrative Code od 1987). 4, Exemption from Fees: The FDM may exempt any requesting party from payment of fees, upon submission of a written request stating the valid reason why such party shall not pay the fee. SECTION 8. ADMINISTRATIVE LIABILITY 1. Non-compliance with FO1; Failure to comply with the provisions of this Manual shall be a ground for the following administrative penalties: a. 1% Offense - Reprimand b. 2%4 Offense - Suspension of one day to thirty days c. 3 Offense - Suspension of one month to six months d. 4h Offense — Dismissal from the service 2. Procedure: The Revised Rules on Administrative Cases in the Civil Service shall be applicable in the disposition of cases under this Manual. 3. Provision for More Stringent Laws, Rules and Regulations: Nothing in this Manual shall be constructed to derogate from ‘any law or rules or regulations prescribed by the Civil Service Commission which provide for more stringent penalties. SECTION 9. FOI OFFICERS The respective Records Keeper or Chief and/or personnel of the Records Section of the stations and higher offices, respectively, shall be the FO! Receiving Officer (FRO) of the respective stations and offices. The City/Municipal Fire Marshals, Provincial/District Fire Marshals, Regional Fire Marshals and Chief BFP shall be the FO! Decision Maker (FDM) with respect to requests brought before their respective stations/offices. The Provincial/District Fire Marshals shall be the FOI Appellate Authority (FAA) with respect to requests originally brought before the FDM-City/Municipal Fire Marshals. The Regional Directors shall be the FAA with respect to requests originally brought before the FDM-Provincial/District Fire Marshals. The Chief BFP shall be the FAA with respect to requests originally brought before the FDM-Regional Directors. The Chief BFP may, however, take recognize of appeals brought before it on appeal even if it may have originated from the Municipal/City/Provincial/District level depending on his discretion 6 | Freedom of Information Manual of the Bureau of Fire ProtectionThe Secretary of Interior and Local Government shall be the FAA with respect to requests originally brought before the FDM-Fire Chief. SECTION 10. POSTING AND EFFECTIVITY This Manual shall be posted on the BFP website upon its approval by the Chief BFP and shall take effect fifteen (15) days from the date of filing with the Office of the National Administrative Registrar. APPROVED: 7 | Freedom of information Manual of the Bureau of Fire Protectiona © involving public interest, subject to | _ WHEREAS, the Exe: ANNEX*AE EXECUTIVE, ORDER NO.2 MALACANAt | PALACE : MANILA : WHEREAS, pursuant to) adopts and implamen WHEREAS, Section 7. WHEREAS, the incorporation of this ight in the Constitulion Is a recognition af the fundamental role of free. and. open exchange of information in a demacracy, meant to enhance transparency and accountability in government official arts. transactions, oF decisior ae : h nt Need {0 operationalize: these Constitutional cae Article Vil of the Constitution, bas ureaus and offices, and the duty to WHEREAS, the Dats Prvecy Act of 2012 (R.A. 10178), includiha its implementing Rules and Regulations, strengthens the fundamental human right oF privacy, arid of somnmunication wille ensuring the free flow of infenmalion to promote innovation and growth, a te een : NOW, THEREFORE, |, RODRIGO ROA DUTERTE, Presidsat of tno Pnilippines. uy virtue of the. powers. vested in | me: ion. and-existing | laws, do hereby order: SECTION1. Definition. For the puroosc dl 12 | Freedom of Information Manual af the Bureau of Fire protection f this Executive Order, the. sallowingterms shall mean, <.-(@) “informetion’ stall, ean any records, documents, naners: reports, ietlers. contracts, b minutes. and transcripts of official mestings, maps, books, phologranhs, data, research : materials, films, sound and video recording, magnetic or: other tapes, electronic aia -onfputer stored dats, any other ke or simile data or materials recorded, stored ov archivo whatever format, whether offing of oniine, whieh ate thade, reealved, oF Kopt in of under the control and custedy of any government of fice pursvantio law, axecutive order, and niles "aid regulations or in connection with the performance or transacitin of official business by” : any goverment office, is i (@)° Official record/records” shall réfer to information produced or recaived by 4 public i officer or employes, oF by a goverment offes in an official capacity or ; "pursuant to a public function ar duty: 2 : : | 6) “Public reord/recerds’ shai include information required by jaws, execuive | orders, fuiles, or regulations to be entered, kept and made publicly available | by.a government office, Be SECTION 2. Coverage, This order shall cover'all goverment offices under the 1 “Executive Branch, including but hot limited t6 the national government ano all "is olfices; departments, bureaus, offices, and instrumenialities, including government-owned or-controiled corporations. and staie universities and colleges. Local government units (LGUs) are encouraged {fo abserve and ve quided by this Order: 7 -SECTION 3. Access to. information. Every Filipino shall have access to j information, official records, publi and. to. documenis ‘and papers | pertaining to‘official acts, transactions or decisions, as well as to government research dala used as basis for policy development | SECTION 4, Exception, Aocess ‘to information shall ‘be denied whan’ the Information falls under any of the exceptions: enshrined in bye Constitution, existing _lavé-oF jurisprudence. : 7 Ths Departmant of Justice and the Office of the Solicitor General are Hereby 1 rected to prepare an inventory of suck excaptions and submit the same to the ‘Office of the President within thity (G0) calendar days trom the dete of eifectivity ig Order. i ‘ ie ‘The Offics of the President shail thereafter, immediately circular | Of exseptions for the guidance of ail government offices and covered by this Order and the general public i : the-invertory trumentahties _ Sald inVentéry of exceptions shall periodically be updated to properly rstleci ally change in existing law and juriserudancs and the Depariment of Justice | 9 | Freedom of information Manlal af the Bureau of Fire Protection‘andthe Office of the Sollcitar General are directed to update the inventory ‘os exceptions ag ihe need to do so atises, for cirbularization as hereinabove + stated. cee “SECTION 8. Availability of SALN. Subject to tho provisions contained in "Sections 3 andé of this Otder, all public officials are reminded of their obligation lo file and make available for scrutiny their Statements of Assets, Liabilities "and Net Worth{SALN) in accordance with existing laws, rules and regulations. and the spirit and letter of this Order, ~ SECTION 6. Application and Interpretation. There. shal) be a tegal presumption in favor of access lo information, public records and official records. No request for information shall be denied unless it clearly falls urider any:of the exceptions listed in the inventory‘or updated inventory of exceptions ') piteularized by the Office of the President pravided in tie preceding section: _The determination of the: applicability, of any of the exceptions to the reques: be the responsiblity of the Head of the Offic ich is i custody of control of the information, public record of official record, or the responsible cenlcal or field officer duly designated by him in writing. |. Ivmaking such determination, te Head of the Oifice or | shall exercise reasonable diligen: designated officer to ensure thal no exception shall be used or availed of to ceny any request for information or access to public records. or ‘official records if the denial is Intended primarily and purposely to cover up a crime, wronadaing, grat or corruption. ne SECTION 7. Protection of Privacy. While providing access to information. public. feoprds, and official records, responsible ‘officials shall afiérd full protection ta tho. ol right to privacy of the individual as follows" i fa) Each goverment office per’ Sectial hefeot Shall ensure. that personal information in its custody of under its contre! Is disclosed or released only if it is material or relevant to the subject matter of the request and ils diselcour. permissible under thls order or existing jaw. rules or regulations, (b) Each government office must pratect personal Information in iis custody or control by making reasonable’ security: arrangements against leaks: ar premature disclosure of personal informatics unduly exposes the individuat: whose ; Personal information is requested. {9 Viliicalion, harassmem or eny otha: wranatal (©) Any employee. official or director of a government oifce per Section 2 hereof who has access, authorized:or unauthorized, to personal information in the cu: ody Of the office, must not disciose thet information except wien authorized under ‘order or pursuant to existing laws, rules on regulation.SECTION 8. People’s Freedom to information (FO!) Manual. For the sffect "implementation of this Order, everygoverhment office Is directed (a prepare within huridred twenty (120) catender days’ from the effectivity of this Order, its own Peopie FOI Manual, which shall incltide among others the following orovisions: (a) The location and contact information of the head, regional, provincial, and field offices, “and olher established places where the public can-obtain information oF submil requests: (b) The person or offics responsible for fecaiving requests for information; {6} The procedure for the filing and procéssing of the fecuest as specified in the Succeeding section Gof this Oder : ' (d) The standard forms for the submission of requests and for the proper ackiowledyment Of requests, Le = (e) The process for the disposition of requ (6 The procedure for the administ and. — (a) The schesule of applicabie fees. oe i IVE acheat of any denial for access ta intacmaiion: SECTION 9. Procedure. The following procedure shal govern tie fing and processing of request for access ‘io information: |” ae {a) Any person who requests access to information) shall Sub @ written cequest to the goverment office concemed. The request shall state the name and coniact information of the requesting party, provide valid ‘proof oF his identification or authorization: Teasonably describe (he information requested, ahd’ the teason for, ar purpose of, the Fequest for information: Provided, thet no'request shall be denied or refused acceptance Unless the reeson for the request is contrary io law, existing rules and regulations or it is one of the exceptions caniained in the inventory or updated inventory of axception as hereinabove provided. oe {b) The public official recaiving the request shall provide reaschable assistance, free of charge, to enable, t0 enable all requesting palties and particularly those with special needs, 1o comply with the request requirements under this Suction: (6) The request shail be stamped by the government office, indicating the dale and tine of receipt and the name, rank tite and position of the recelving cubic officer or employas with the corresponding signature, and & Cony thereat furnished to the requesting nary Each goverment office shall establish 2 systém to trace the stalus of all requests for information received by it i : {G) The government office shall respond to 2 request fully compliant with requirements of ‘sub-section (a) hereof as soon as practicable but aot exceeding fflaen (18) working days ‘trom the receipt thereof’ The response’ mentioned above refers fo the decision af ihe agency oF office concerned fo grant or deny access 16 the infoniation requested (e)The period to respond may be oxtended wherever the information reduestad re 11 | Freedom of information Manual of the Bureau of Fire Protection,extensive search of he gaverninent alfee’s record facilities, examination at vyoluminaus ‘cords, the oecurrencs of fortuitaus cases or other analogous cases. ("The government office shail nolify he person making the -eques! ofthe extension, sattrig forth the reasons for such extension, fn no case shal the extension go beyond tueenty (20) working days unless exceptionel circumstances warrant a fonger period ‘(0 Once @ decision is niade to grant the request. the person making the request shat be _ Aotified of such decision and directed to nay any applicable fees, ‘SECTION 10. Fees. Govetnment offices shall not’cha‘pe any fee for acceptira reau for aocess {6 information They may, however, charge a reasonable fee to reimbur: necessary costs, including actual costs of reproduction and copying of the. information Fequired, subject to existing rules and regulations. In no case shal the cpplicable fees be S0 onerous 35 to defeat the purpose of this Order. : SECTION 41. Identical or Substantially Similar Requests. The government ofice shalt ‘nol be required to act uponan unreasonable subsequent identical or siubsiantially similar feques! from the same requesting patty whose request from the same requesting party whose request has already been previously granted of danied by the same government eet it _ SECTION 12. Notice of Denial, If the government office decides to Geny the request, fn ‘whole or in part. it shall es soon as practicable, in any case within fifteen(15) working days from the receipt of the request, notify the requesting party the denial in waiting. The notice shall clearly sét forth the croutd cr grounds for dealai and the circumstances on which the denial ts besed. Feilure to notify-the requesting party of the'aciion taken on the request ‘within the period herein stipulated Shall be deemed a denial of the request for access to information. SECTION 73, Remedies in Cases of Denial of Request for Access to information. (@) Denial of any request for access to information may be appealed to the person or office next higher in the aiithonty, following the procedure mentioned in Section 9 of this Order: Provided, that the written. anpeal must be fled by the same person making ihe fequest withio fifteen (16) working days froin the notice of denial or from the lapse of tha ‘felevant period t6 respond to the request. {) The appeal be decided by the person or office new higher in aulhiovity within thirty (90) ‘working’ days from the fling of sald written: aopaat. Failure of such aerson or affoe Secide wilhin the afore-staied period shail be deemed a denial of Ihe appeat (©) Upon extiaustion of administrative appeal remedies, the requesting part may tite the ppropriate Case in ihe proper courts in accordance with the Rules of Court SECTION 44. Keoping of Records, Subject jo'existing laws. les. eid reguiations, 42 | Freedom of information Maqual ofthe Bureal of Fee Protection1) govemnment offices shall create’ endlor maintain accurate and reasonably complete | \fecords’ of important information in appropriate formats, end implement a records management system thet facilitates easy identification, ratrievel and commurication of information to the public. 3 4 “SECTION 15, Administrative Liability. Failure to comply with ihe provisions of tnis Order may be 8 ground for administtative and disciplinary sanctions against any ating wubli¢ officer or employee es provided under exi jaws t ations. SECTION 16. Hnplementing Details, Ail government ofiices in the Executive Br directed ta formulate their respective implementing details taking into consideration mandates ‘and the nature of information in their-custody or control, within ane hundred twenty (120) days from the effectivity of this Order. SECTION 17. Separability Clause: If any section or part of this ‘Oider & hele unconatiutional or invalid, the olher sections oF pravisions not olherwise affected shai femaln'in full force or effect 4 ~ SECTION 18. Repealing Clause, Al orders, rules and regulations, issuences or any part | thereof inconsistent with the provisions of this Executive Order are hereby repealed, amended or modified accordingly: Provided, that the provisions of Mlemorancium Circular No. 78 (s, 1964), as'amanded, shall not be deamed repealed pending further review. SECTION 19. Etfectivity. This Order shall take offect immediately upon publication in a Aewspaper of general circulation, DONE, tn the City of Marla, this 28rd day of July in the year of our Lord fo thousand and sixteen. (Sgd.) RODRIGO ROA DUTERTE . Presitient of the Philippines By the President: {Sgd.) SALVADOR C. MEDIALDEA Executive Secretary — 23 | Freedom of infarrnation Wianual of the Bureau of Fire Protections sai 8 eyoe