It also refers the requesting party to the responsible officials of the University for said information. Coverage of the Manual: The manual covers all requests for information directed to KSU and its campuses, subject to reasonable conditions prescribed by law. The functions of the FRO include receiving all requests for information on behalf of KSU and its campuses.
After completion of the evaluation within the period specified in the EO number. A report to be submitted each year by all government agencies to the Presidential Communications Operations Office (PCOO) describing the administration of the FOI. When a government agency is able to disclose parts of the documents in response to an FOI request, but must deny other parts of the request.
PROTECTION OF PRIVACY
STANDARD PROCEDURE
- Initial Evaluation. After receipt of the request for information, the FRO shall evaluate the contents of the request
- Transmittal of Request by the FRO to the FDM: After receipt of the request for information from the FRO, the FDM shall assess and
- Role of FDM in processing the request: Upon receipt of the re- quest for information from the FRO, the FDM shall assess and clarify
- Role of FRO to transmit the information to the requesting party
- Request for an Extension of Time: If the information requested requires extensive search of the government’s office records facili-
- Notice to the Requesting Party of the Approval/Denial of the Re- quest: Once the FDM approved or denied the request, he shall
- Approval of Request: In case of approval, the FRO shall ensure that all records that have been retrieved and considered be checked for
- Denial of Request: In case of denial of the request wholly or partial- ly, the FRO shall, within the prescribed period, notify the requesting par-
The FRO enters the details of the request on the request tracking system and assigns a reference number. After receiving the request for information, the FRO must assess the content of the request. The FRO notes the date and time of receipt of the information from FDM and reports to the KSU president if the submission is beyond the 10-day period.
After receiving the requested information from FDM, FRO must compile and ensure that the information is complete. He must enclose a covering/transmission letter signed by the KSU President and ensure the forwarding of such to the requesting party within 15 working days of receipt of the request for information. The FRO notifies the requesting party of the extension, stating the reasons for such extension.
REMEDIES IN CASE OF DENIAL OF REQUEST
Administrative FOI Appeal to the KSU Appeals and Review Commit- tee: The written appeal must be filed by the same requesting party
Notification to the requesting party of the approval/rejection of the request: When the FDM has approved or rejected the request, he must request: When the FDM has approved or rejected the request, he must immediately notify the FRO, who must prepare the response to the requesting party either in writing or via e-mail. The FRO prepares the letter or email informing the requesting party within the prescribed period that the request was granted and is required to pay the applicable fees, if any. Rejection of request: In case of rejection of the request in whole or in part, the FRO must notify the requesting party within the prescribed period, the FRO must notify the requesting party in writing of the refusal within the prescribed period.
Failure to notify the requesting party of the action taken on the request within the time period provided herein shall be deemed a denial of the request for information. The appeal shall be decided by the Board of Regents on the recommendation of the KSU President within thirty (30) working days from the submission of said written appeal. The denial of the appeal by the Board of Regents or the expiration of the period to respond to the request may further be referred to the Office of the President pursuant to Administrative Order No.
Upon exhaustion of administrative FOI appeal remedies, the re- questing party may file the appropriate judicial action in accordance
REQUEST TRACKING SYSTEM
FEES
No Request Fee. The KSU and its campuses shall not charge any fee for accepting requests for access to information
Reasonable Cost of Reproduction and Copying of the Infor- mation: The FRO shall immediately notify the requesting party
Exemption from Fees: The KSU and its campuses may exempt any requesting party from payment of fees, upon request stating the
ADMINISTRATIVE LIABILITY
Procedure. The Revised Rules on Administrative Cases in the Civil Service shall be applicable in the disposition of cases under
Provisions for More Stringent Laws, Rules and Regulations
ANNEX “A”
FOI FREQUENTLY ASKED QUESTIONS
Introduction to FOI
What is FOI?
- Who oversees the implementation of EO 2?
Making a Request
What can I ask for under EO on FOI?
What agencies can we ask information?
How do I make an FOI request?
Fees
What if I never get a response?
If the University does not provide a response within the required fifteen (15) business days, the requester may write a letter of appeal to the Central Appeals and Review Board within fifteen (15) calendar days of the expiration of the required response time. The Central Appeals and Revision Board decides on the appeal within thirty (30) working days. If all administrative remedies have been exhausted and no solution is provided, applicants may file an appropriate case with the appropriate courts in accordance with the Rules of Court.
If you are not satisfied with the response, the Requester may write a letter of appeal to the Central Appeals and Review Committee within fifteen (15) calendar days from the expiration of the required response period. The appeal will be decided by the Central Appeals and Review Committee within thirty (30) working days. If all administrative remedies have been exhausted and no solution is provided, petitioners may file the appropriate case with the proper courts in accordance with the Rules of Court.
ANNEX “B”
- Identical or Substantially Similar Requests. The government office shall not be required to act upon an unreasonable subsequent identical or substantially
- Remedies in Cases of Denial of Request for Access to Information
- SECTION 16 Implementing Details. All government offices in the Executive Branch are directed to formulate their respective implementing details taking into con-
- Effectivity. This Order shall take effect immediately upon publica- tion in a newspaper of general circulation
Access to information will be denied when the information falls under any of the exceptions provided for in the Constitution, existing law or provision falls under any of the exceptions provided for in the Constitution, existing law or jurisprudence. The Department of Justice and the Office of the General Counsel are directed to prepare any inventory of these exemptions and submit the same to the Office of the President within thirty (30) calendar days of the effective date of this Order. Thereafter, the Office of the President shall promptly circulate the inventory of exemptions for the conduct of all governmental offices and instrumentalities covered by this Order to the general public.
No request for information shall be denied unless it clearly falls within any of the exceptions listed in the schedule or updated exceptions circulated by the Office of the President listed in the preceding paragraph. The determination of the applicability of one of the exceptions to the request rests with the head of the office having custody or control of the information, the public record or the official record, or the responsible central or field officer, as appropriate. appointed by him in writing. The request must state the name and contact information of the requesting party, provided valid proof of its identification or authorization provides a reasonable description of the information.
Provided, that no request shall be refused or denied unless the reason for the request is contrary to law, applicable rule and regulations or is one of the exceptions in the list or updated list of exceptions as set forth above. The above response refers to the decision of the agency or office concerned to grant or deny access to the requested information. e) The response period may be extended whenever the requested information requires extensive investigation of the archives of a government office, examination of voluminous documents, occurrence of accidental cases or other similar cases. The government office notifies the applicant of the extension and states the reasons for the extension.
However, they may charge a reasonable fee to reimburse necessary costs, including actual costs of reproduction and copying of the necessary information, in accordance with applicable rules and regulations. If the government office decides to reject the request in whole or in part, it shall as soon as possible, in any case within fifteen tasks, in whole or in part, as soon as possible, in any case within fifteen (15) working days of receipt of the request , notify the requesting party in writing of the refusal. Failure to notify the requesting party of the action taken on the request within the time limit set forth herein shall be deemed a denial of the request for access to information.
If this person or office does not make a decision within the aforementioned period, the appeal is considered rejected.
ANNEX "C"
FOI RECEIVING OFFICER OF KALINGA STATE UNIVER- SITY AND ITS CAMPUSES
ANNEX "D"
LIST OF EXCEPTIONS
Investigative records prepared for law enforcement purposes or information that, if written, would be contained in such records, but only to the extent that the production of such records or information would. Any information given by informants leading to the recovery of cars that have been carjacked and the apprehension of the people charged with the carnage; and. However, personal information can be disclosed to the extent that the requested information proves to be a matter of public interest or interest, must not interfere with or disturb the individual's private life or family relationship 29 and is not prohibited by any law or regulation.
Disclosure of personal information about any person who is or was an official or employee of a government institution is permitted, provided that such information relates to the individual's position or functions, including: (1) the fact that the person is or was an official or employee; in the public institution; (2) the person's title, business address, and office telephone number; (3) the classification, salary range, and responsibilities of the position held by the individual; and (4) the person's name on a document prepared by the person while employed by the Government. Confidential information submitted to the Philippine Competition Commission is prohibited from publication by law, including the identity of the person who provided the information on condition of anonymity. Any confidential information provided by the contractors in mineral agreements and financial or technical assistance agreements under the Philippine Mining Act of 1995 and its Implementing Rules and Regulations (IRR), during the life of the project to which it relates.
The fact that a covered transaction report has been made to the Anti-Money Laundering Council (AMLC), its content or any information related to it;. Information submitted to the Tariff Commission which is confidential in nature or submitted on a confidential basis;. Certain information and reports submitted to the Insurance Commissioner pursuant to the Insurance Code;
Mediation and domestic or international arbitration proceedings, including records, evidence and arbitral awards, pursuant to the Alternative Dispute Resolution Act of 2004;. All proceedings prior to the issuance of a cease and desist order against companies filed by the Insurance Commission; Information regarding the assignment of cases to examining prosecutors or undersecretaries in cases involving violations of the Comprehensive Dangerous Drugs Act of 2002;
Refugee Cases and Documents under the 1951 Convention Relating to the Status of Refugees, as implemented by DOJ Circular No.
Freedom of Information (FOI) List of Exceptions Department of Budget and Management
ANNEX “E”
FOI REQUEST FLOW CHART
RECEIVING REQUEST (Day 1)
CLARIFY REQUEST (Day 1)
ANNEX “E-2”
DETAILED FOI REQUEST PROCESS
ANNEX “E-3”
FOI REQUEST PROCESS IN DAYS
Notes
This table sets our targets, at various points within the 15 working day response period, for completion of key steps in the process of handling an FOI request
Each FOI request is different, so not all of these actions will be required in each case – some will be much simpler – and sometimes actions will be completed earlier or later than
ANNEX “F”
FOI REQUEST FORM
ANNEX “G”
FOI RESPONSE TEMPLATE - DOCUMENT ENCLOSED
DATE
ANNEX “G-2”
FOI RESPONSE TEMPLATE - ANSWER
ANNEX “G-5”
FOI RESPONSE TEMPLATE - UNDER EXCEPTIONS
ANNEX “H”
KSU BOARD OF REGENT APPROVAL ON FOI MANUAL
ANNEX “I”
KSU OFFICE MEMORANDUM ON THE FINALIZATION OF FOI MANUAL
FOI CONTACT DETAILS
