5.4 Freedom of Information

Module No.
5: Effective Communication Planning
PNP PEOPLE’S FREEDOM

OF INFORMATION
(FOI) MANUAL
POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

Module No. 5: Effective Communication Planning
ORDER OF PRESENTATION
A. Legal Bases
B. Rationale and Purpose
C. Activation of PNP FOI Desks
D. Memorandum Circular No. 2018-038
E. Duties and Responsibilities of PNP FOI Receiving Officers
and PNP FOI Decision Makers
F. Procedure in Filing and Processing of the Request
G. Denial of the Request
H. Appeals in cases of denial of the Request
I. Promotion of Openness and Protection of Privacy
J. Safekeeping of Records
K. List of Exceptions to Right of Access to Information
L. PNP FOI Standard Request Form
M. PNP FOI Standard Response Templates
N. Administrative Liability
O. Compliances to FOI-PMO (PCOO)
LEGAL BASES

THE 1987 CONSTITUTION

Section 7, Article III, which read as “The right
of the people to information on matters of public
concern
Section 28, Article II which states that “The

State adopts the policy of full disclosure of all its
transactions involving public interest”

EXECUTIVE ORDER NO. 2 S. 2016

• EO No. 2 series 2016 entitled
“Operationalizing in the Executive Branch the
People’s Constitutional Right to Information
and the State Policies to Full Disclosure and
Transparency in the Public Service and
Providing Guidelines Therefor”.
Annex A - page 33
MEMORANDUM FROM THE EXECUTIVE

SECRETARY DATED NOVEMBER 24, 2016
 Inventory of Exceptions to Executive Order No. 02 series of 2016
REPUBLIC ACT NO 10173

DATED AUGUST 15, 2012
Data Privacy Act of 2012
 An Act protecting individual personal information in information and

communications systems in the government and the private sector,
creating for this purpose a national privacy commission, and for
other purposes

REPUBLIC ACT 9485

DATED JUNE 2, 2007
Anti-Red Tape Act of 2007
 An 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 therefor

RATIONALE
• Pursuant to Executive Order No. 02 series 2016, all government
agencies and instrumentalities should promulgate a manual
pertaining to full disclosure of government policies that should
ensure transparency in public service.
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
granting of the FY 2018 PBB.

ACTIVATION OF FOI SECTION AND DESKS
General Orders 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 Personal Services (PS)
requirements for the hiring of 2,033 NUP intended to replace the
PNCO complement for the PNP-FOI Units was submitted to
DBM for approval.
Annex G - page 127

PNP MEMORANDUM CIRCULAR NO. 2018-038

PNP Memorandum Circular No. 2018-038
 Implementation of the PNP People’s Freedom of
Information (FOI) Manual approved by Chief, PNP on
August 2, 2018.
A copy was forwarded to the University of the
Philippines Law Center in consonance with Sections 3
and 4, Chapter 2, Book VII of EO 292, otherwise
known as the “Revised Administrative Code of 1987,”
as amended and took effect 15 days after filing.

APPROVED PNP PEOPLE’S FOI MANUAL
• The PNP People’s Freedom of Information (FOI)

Manual was approved by Chief, PNP on August 2,
2018.
DUTIES AND RESPONSIBILITIES OF THE

PNP FOI RECEIVING OFFICERS AND
PNP FOI DECISION MAKERS

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;
 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; and
 When on leave or on official business, designate an

OIC, FDM
List of FOI Receiving Officers and FOI

Decision Makers
Annex E - page 81

PROCEDURE IN FILING
AND PROCESSING OF
THE REQUEST

How Request is made?

Any 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;
 He/She 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 up of the form.

What are the Valid Proof of

Identification?
Company ID;
GSIS/SSS ID;
Voter’s ID;
Passport;
Driver’s License;
PRC ID;
Senior Citizen’s ID;
Postal ID;
Philhealth ID; and
Valid Student ID with authorization from School/
Department Head

How long is the required

response time?
 As soon as practicable not exceeding fifteen (15) working days
from receipt. It will commence from the date of receipt up to the
granting/denial of request
* The response may be extended beyond 15

working days if:
 There is a need for extensive search in the PNP’s records;

 There are fortuitous events;
 There is insufficient details indicated in the request; and
 The information requested is related to records that are part
of a court proceeding.

-
What are the duties of the Receiving Officer if

the response cannot be given in the required
number of days?
 The receiving officer shall notify the requesting person

of the reason of extension. In no case shall the
extension go beyond twenty (20) working days unless
exceptional circumstances warrant a longer period.
FOI Request Flow Chart

Chapter 2 - page 10

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 THE REQUEST

Grounds for Denial:

 The information requested is among the limitations and
exclusions stated in the manual;
 Grounds that the request is made with plainly discernible
improper motive or other analogous circumstances;
 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 requesting party has a derogatory record of having misused
any information previously furnished to him/her; and
 The information/public record/official record being requested is
not in the possession or control of the office.

APPEALS IN CASES OF
DENIAL
OF THE REQUEST

Denial of all request shall be appealed to

The PNP Appeals and Review Committee

Denial of all request shall be appealed to

The PNP Appeals and Review Committee

When to appeal?
 An appeal may be filed within fifteen (15) working days from
receipt of the Notice of Denial
How to appeal?
 Send a letter of appeal to the PNP Appeals and Review
Committee (ARC):
1. Notice of Denial from Municipal Police Station (MPS) can be

appealed to ARC Provincial Police Office (PPO)/City Police
Office (CPO).

How to appeal?
 Send a letter of appeal to the PNP Appeals and Review
Committee (ARC):
2. Notice of Denial from Provincial Police Office (PPO) can
be appealed to ARC Police Regional Office (PRO);
3. Notice of Denial from Directorial Staff (D-Staff)/National
Support Unit (NSU) and Police Regional Office (PRO) can
be appealed to ARC National Headquarters (NHQ);
4. Letter of Appeal shall state material facts such as the
documents/info requested; when the request was made;
and the material dates to show timeless of the appeal

Action of the PNP Appeals & Review

Committee (ARC)
 The PNP ARC, shall decide the appeal within 30
working days from the filing of the same. The Office
concerned will inhibit in the decision making.
List of Offices where Denial of Request shall

be Appealed
Annex I -page 136

PROMOTION OF OPENNESS AND

PROTECTION OF PRIVACY

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:
a. A description of its mandate, structure, powers, functions,

duties and decision-making processes;
b. A description of the frontline services it delivers and the
procedure and length of time by which they may be availed
of;
c. The names of its key officials, their powers, functions and
responsibilities, and their profiles and curriculum vitae;
Duty to Publish Information

d. Work programs, development plans, investment plans,
projects, performance targets and accomplishment, and
budgets, revenue allotments and expenditures;
e. Important rules and regulations, orders or decisions;
f. Current and important database and statistics that it
generates;
g. Bidding processes and requirements; and
h. Mechanisms or procedures by which the public may
participate in or otherwise influence the formulation of policy
or the exercise of its powers.

Protection of Privacy
 While providing for access to information, the PNP shall afford full
protection to a person’s right to privacy as follows:
a. 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;
b. 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
c. 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.
SAFEKEEPING OF RECORDS

Repository of Records
 The FOI Desk shall serve as the repository of all

requests for access and serves as the local primary
contact where the public can call and ask questions
regarding requests for access
 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.

LIST OF EXCEPTIONS TO RIGHT

OF ACCESS TO INFORMATION

Exceptions to right of Access to

Information
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:
 Information covered by Executive privilege;

 Privileged information relating to national security, defense or
international relations;
 Information concerning law enforcement and protection of public
and personal safety;


Information
 Information concerning law enforcement and protection of the
privacy of persons and certain individuals such as minors, victims
of crimes, or the accused;
 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;


Information
 Prejudicial premature disclosure;
 Records of proceedings or information from proceedings which,
pursuant to law or relevant rules and regulations, are treated as
confidential or privileged;
 Matters considered confidential under banking and finance laws,
and their amendatory laws; and
 Other exceptions to the right to information under laws,
jurisprudence, rules and regulations.

LIST OF DETAILED EXCEPTIONS TO RIGHT

OF ACCESS TO INFORMATION
Annex K - page 162

PNP FOI STANDARD REQUEST FORM

Annex F - page 126

PNP FOI STANDARD RESPONSE

TEMPLATES
Annex H - page 130

ADMINISTRATIVE LIABILITY

Administrative Liability
 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

FOI COMPLIANCES TO FOI-PMO

PRESIDENTIAL COMMUNICATIONS
OPERATIONS OFFICE (PCOO)

MEMORANDUM CIRCULAR NO. 2018-01
 Guidelines on the Grant of the Performance-Based

Bonus for Fiscal Year 2018 under Executive Order
No. 80 s. 2012 and Executive Order No. 201 s. 2016.
 Issued by the Inter-Agency Task Force on the

Harmonization of National Government Performance
Monitoring, Information and Reporting Systems.
 Task Force AO 25 is the Secretariat.

MEMORANDUM CIRCULAR NO. 2018-01

Section 6.5b Other Cross-Cutting Requirements
 Comply with the Freedom of Information

Program pursuant to Executive Order No. 2,
s. 2016, based on the enhanced
requirements of the Presidential
Communications Operations Office (PCOO).
Agencies should comply to the FOI
requirements within the set deadline.

FOI-MC NO. 2, S. 2018

FOI Program Criteria and Validation Process for the
Eligibility to FY 2018 PBB
 Copy can be downloaded via the Resources

tab of the electronic FOI portal
www.foi.gov.ph.
 FOI-Project Monitoring Office (FOI-PMO) is

the Office in-charge of validation process of
submitted FOI requirements.

FOI-MC NO. 2, S. 2018

Section 2. Validation Process
 The concerned agency shall send email to

the FOI-PMO requesting for validation of its
compliance with the requirements prescribed
in Section 6.5b of Task Force AO 25 – MC
No. 2018-1 to foipco@gmail.com, on or
before the set deadline in Section 4 of this
Circular.

FOI-MC NO. 2, S. 2018

 The email shall include the following details:
Name of Agency:
Head of Agency and Designation:
Address:
Contact Details:

FOI-MC NO. 2, S. 2018

 Direct hyperlink to the following uploaded
requirements:
1. People’s FOI Manual duly signed by the Head of the

Agency;
2. FOI Reports (Agency Information Inventory, 2017
and 2018 FOI Summary Reports and Registries);
and
3. Agency website’s homepage containing a visible
and functional FOI logo linked to the electronic FOI
portal (www.foi.gov.ph).
FOI-MC NO. 2, S. 2018

 FOI Reports templates in excel form can be

downloaded in this link:
www.bit.ly/2018FOIReports.
 Visible and functional FOI logo should be

uploaded in the Agency’s website’s
homepage and the high resolution FOI logo
may be retrieved from this link:
www.bit.ly/foilogo.
FOI-MC NO. 2, S. 2018
Section 3. Issuance of Compliance

Certificates
 The FOI-PMO shall validate the compliance
with the requirements and shall send a
Certificate of Compliance to the concerned
agency.

FOI-MC NO. 2, S. 2018
Section 4. Deadline of Submission
 The FOI-PMO shall commence the validation process based on the following
dates:
REQUIREMENTS DEADLINE
Final People’s FOI Manual 30 September 2018 - complied
Agency Information Inventory 30 September 2018 - complied
2017 FOI Summary Report 30 September 2018 - complied
2017 FOI Registry 30 September 2018 complied
Visible and functional FOI logo linked to the eFOI 30 September 2018
portal (Uploaded in the Transparency Seal
in the PNP Website by ITMS
on Sept 6, 2018)
2018 FOI Summary Report 31 January 2019
2018 FOI Registry 31 January 2019

FOI-MC NO. 2, S. 2018

Section 5. Non-Compliance
 The FOI-PMO shall issue a list of agencies who
failed to comply with the set requirements and
deadlines by 28 February 2019.
 In case an agency fails to comply with the set
requirements and deadlines, the agency through the
head of agency, shall explain in writing its reason/s
for non-compliance, together with supporting
documents, if any. Justifiable reasons are those
factors outside the control of the agency.

END OF
PRESENTATION

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Module No.

5: Effective Communication Planning

PNP PEOPLE’S FREEDOM

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

THE 1987 CONSTITUTION

Section 28, Article II which states that “The

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

EXECUTIVE ORDER NO. 2 S. 2016

MEMORANDUM FROM THE EXECUTIVE

REPUBLIC ACT NO 10173

 An Act protecting individual personal information in information and

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

REPUBLIC ACT 9485

 An act to improve efficiency in the delivery of

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

ACTIVATION OF FOI SECTION AND DESKS

General Orders Number DPL-17-19 (Pursuant to NAPOLCOM

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

Annex G - page 127

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

PNP MEMORANDUM CIRCULAR NO. 2018-038

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

APPROVED PNP PEOPLE’S FOI MANUAL

• The PNP People’s Freedom of Information (FOI)

DUTIES AND RESPONSIBILITIES OF THE

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

DUTIES OF THE FOI RECEIVING

Duties of the FOI Decision

 When on leave or on official business, designate an

List of FOI Receiving Officers and FOI

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

How Request is made?

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

How Request is made?

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

What are the Valid Proof of

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

How long is the required

* The response may be extended beyond 15

 There is a need for extensive search in the PNP’s records;

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

What are the duties of the Receiving Officer if

 The receiving officer shall notify the requesting person

FOI Request Flow Chart

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

Mode of Response to Request:

DENIAL OF THE REQUEST

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

Grounds for Denial:

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

Denial of all request shall be appealed to

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

Denial of all request shall be appealed to

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

1. Notice of Denial from Municipal Police Station (MPS) can be

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE

Action of the PNP Appeals & Review

List of Offices where Denial of Request shall

POLICE COMMUNITY AFFAIRS AND DEVELOPMENT COURSE