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(1)1 UNIVERSITY OF THE PHILIPPINES Freedom of Information (FOI) Manual PREFACE The right of the people to information on matters of public concern is one enshrined in the 1987 Constitution

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The processing (collection, storage, use, destruction and other similar operations) of personal information will be permitted, in accordance with the requirements of the Data Privacy Act and other laws that allow the disclosure of information to the public and respect the principles of transparency, legitimate purpose and proportionality. PROACTIVE DISCLOSURE refers to the University's initiative to make certain types of data and information available on its website/pages. SENSITIVE PERSONAL INFORMATION, as defined in Section 3(l) of the Data Privacy Act 2012, refers to personal information:.

Vice President for Public Affairs regarding information held by the University System.

FOI RECEIVING OFFICER

11 decisions on all FOI requests under the jurisdiction of their office, which can be appealed to the FOI decision maker. Heads of offices within the CU are FDEs with respect to data held by their offices. When the organizational structure of their office warrants it, heads of offices may delegate their duties to heads of subunits within their offices.

12 The FRO for the University System is an employee of the Office of the Secretary of the University who exercises supervisory functions, duties, and responsibilities.

STANDARD PROCEDURE (See Annex “D” for flowchart) 1.Receipt of Request for Information

If the FDE determines that a record contains information of interest to another office outside of the UNIVERSITY such as when the information may be confidential or

Refusal of Request: In the event of refusal of the request in whole or in part, the FRO or FDE/FDM will, within the prescribed period, notify the Requesting Party in writing of the refusal. The request is covered by one of the exceptions listed in Appendix “B” or “C” of this Manual. FRO to transmit the information to the requesting party: Upon receipt of the requested information from the FDE, the FRO will collect and ensure that the information is complete.

He/she will attach a cover/transmission letter signed by the FDE/FDM and ensure that it is forwarded to the Requesting Party within 15 working days of receipt of the request for information.

REQUEST TRACKING SYSTEM

The request falls under one of the exceptions under the Constitution, laws or case law, including, for example, the Data Privacy Act. The request is substantially similar or identical to a previous request from the same requesting party. The information is outside the jurisdiction of, or in the custody of, the University.

FEES

Exemption from fees: The UNIVERSITY may exempt any requesting party from payment of fees upon request, stating the valid reason why such requesting party does not have to pay the fee. REMEDIES IN CASE OF DENIAL A person whose FOI request has been refused by the FDE may appeal against said refusal. The appeal will be decided by the FDM within thirty (30) working days from its submission.

The FDM may consult with the Office of the Vice President for Legal Affairs or the Legal Office of the founding university to seek their recommendation before making a decision on the appeal.

ADMINISTRATIVE LIABILITY

AMENDMENTS

OPERATIONALIZATION IN THE EXECUTIVE BRANCH OF THE PEOPLE'S CONSTITUTIONAL RIGHT TO INFORMATION AND STATE POLICIES TO COMPLETE PUBLICITY AND TRANSPARENCY IN THE PUBLIC SERVICES AND PROVIDING GUIDELINES FOR THIS. BECAUSE the state in accordance with II. Article 28 of the 1987 Constitution adopts and implements a policy of full public disclosure of all its transactions involving the public interest, under reasonable conditions prescribed by law;. BECAUSE III. Article 7 of the Constitution guarantees the right of people to be informed about matters of public importance.

WHEREAS, the inclusion of this right in the Constitution recognizes the fundamental role of free and open exchange of information in a democracy, intended to increase transparency and accountability in official government actions, transactions or decisions; WHEREAS, Under Article 17, Article VII of the Constitution, the President has control over all executive departments, bureaus, and offices, and has the duty to ensure that the laws are faithfully executed; WHEREAS, the Data Privacy Act of 2012 (R.A. 10173), including its implementing rules and regulations, strengthens the fundamental human right to privacy and communication while ensuring the free flow of information to promote innovation and growth;

Definition. For the purpose of this Executive Order, the following terms shall mean

24 offices, departments, bureaus, offices and instrumentalities, including state-owned or controlled corporations and state universities and colleges. Every Filipino shall have access to information, official records, public records and to documents and papers relating to official acts, official records, public records and to documents and papers relating to official acts, transactions or decisions, and to applied government research data as a basis for policy development. Access to information must be denied when the information falls under any of the exceptions set out in the Constitution, applicable law or.

Exception. Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or

Availability of SALN. Subject to the provisions contained in Sections 3 and 4 of this Order, all public officials are reminded of their obligation to file and make

While providing access to information, public records and official records, responsible officials will provide full protection to the right to privacy of the individual as follows:. For the effective implementation of this Order, each government office is ordered to prepare within the implementation of this Order, each government office is ordered to prepare within one hundred twenty (120) calendar days from the effectivity of this Order, its own People's FOI Manual , which will include, among others, the following provisions: a) The location and contact information of the main, regional, provincial and field offices and other established places where the public can obtain information or submit requests;. The process for handling requests;. f) The procedure for the administrative appeal of any refusal for access to information; and. g) The schedule of applicable fees.

The request must state the name and contact information of the requesting party, provide valid proof of identification or authorization, reasonably describe the information requested and the reason or purpose of the request for information. 26 one of the exceptions included in the inventory or updated inventory of the exception as provided above. The response referred to above refers to the decision of the relevant agency or office to grant or deny access to the requested information. e) The period to respond may be extended whenever the requested information requires an extensive search of the government office's data facilities, the examination of voluminous records, the occurrence of incidental 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 the necessary expenses, including the actual cost of reproducing and copying the requested information, in accordance with existing rules and regulations. If the Government Office decides to reject the request in whole or in part, it shall do so as soon as practicable, in any event within fifteen (15) in whole or in part, as soon as practicable, in any event within fifteen ( 15) within working days of receiving the request, inform the applicant in writing of the rejection.

Failure to notify the requesting party of the steps taken on the request within the period stipulated herein shall be deemed a denial of the request for access to information. Failure of such person or office to decide within the aforesaid period shall be deemed a refusal of the appeal.

The appeal shall be decided by the person or office of next higher authority within thirty (30) working days from the filing of the said written appeal. Subject to existing laws, rules and regulations, government agencies shall create and/or maintain accurate and reasonably complete records of material information in appropriate formats, and implement a records management system that facilitates the easy identification, retrieval and communication of information to the public. Failure to comply with the provisions of this decision may be grounds for administrative and disciplinary sanctions against anyone.

Implementing Details. All government offices in the Executive Branch are directed to formulate their respective implementing details taking into

Effectivity. This Order shall take effect immediately upon publication in a newspaper of general circulation

2 (s. 2016) the Office of the President hereby circulates a list of exceptions to the right of access to information for the guidance of all government offices and instrumentalities covered by no. EO. For the implementation of exceptions to the right to access to information, below are the essential details and legal bases that define the scope and application of the exceptions. 8 These exceptions apply only to governmental bodies under the control and supervision of the Executive Department.

Unless specifically identified, these exemptions may be invoked by any officer, official, or employee of the executive branch in possession of the relevant records or information. Confidential information submitted to the Philippine Competition Commission is prohibited by law, including the identity of the person who provided the information under condition of anonymity;46. 71 Examples: Article 20, subsection 2, ASEAN Comprehensive Investment Agreement; Article 15, subsection 2, Agreement on Investments under the Framework Agreement on Comprehensive Economic Cooperation between ASEAN and the Republic of India; and Article 15, subsection 2, in the agreement on investments in accordance with the framework agreement.

When the purpose of the request for a statement of assets, liabilities and net worth is one of the following: Deliberative process privilege is one type of privileged information, which falls within the exceptions of the constitutional right to information. The function and significance of the document in the agency's decision-making process are relevant.

Original records pertaining to student discipline will be in the custody of the SDC and/or the Dean. I certify the authenticity of the information contained in this application, including information on my Philippine citizenship. I have read the University of the Philippines System's Privacy Notice for Processing Freedom of Information Requests, in addition to the Privacy Notice found on the eFOI request form and the eFOI portal; and.

I certify the veracity of the information contained in the eFOI request form, including the information regarding my Philippine citizenship. The people's right to information on matters of public interest must be recognized. We acknowledge receipt of your request containing the information required under Sec.6a(1) of the UP FOI Manual.

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