TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY
FREEDOM OF INFORMATION (F01) PEOPLE'S MANUAL
January 2021
Hotline: (02) 8887-7777 Website: www.tesda.gov.ph
Approved 9
SEC. ISIDRZS S. LAPENA, PhD, CSEE Director General FOREWORD
Executive Order No. 2, on "Operationalizing in the Executive Branch the People's Constitutional rights to information and the state policies to full public disclosure and transparency in the public service and providing guidelines therefor", was signed by President Rodrigo Roa Duterte last 23 July 2016. It sets the provisions under which every Filipino may have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.
The EO also directed every government office to prepare its own People's FOI Manual to provide its customers, stakeholders and the general public the procedures in requesting for information and inform them of the procedures to be followed by the agency in the processing of FOI requests.
In response to the said directive, this TESDA FOI People's Manual is being published. The People's Manual hopes to contribute to the effective implementation of EO No. 2. TABLE OF CONTENTS
Page 1.0 Purpose 1
2.0 Scope 1
3.0 Definition of Terms 1
4.0 Responsibilities 2
5.0 Procedure Flow 3
6.0 Procedures Details 6
7.0 Annexes 12 1.0 Purpose
This document aims to standardize the process in requesting for information and processing of requests under Executive Order (E.0.) No. 2 on Freedom of Information (F01).
2.0 Scope
The procedure in this manual applies to TESDA customers, stakeholders, and the public in general. It also covers the procedures to be undertaken by TESDA Operating Units in the Central, Regional, and Provincial/ District Office, including TESDA Technology Institutions (both Administered Schools and Regional/Provincial Training Centers) in the processing of FOI requests.
This manual also identifies the information that can be obtained by the public from the custody of TESDA; the exceptions or information that cannot be released because they are protected by the Constitution, laws or jurisprudence; the procedures for requesting public data; the process for appealing denial of request (of information); and the cost of request, if applicable.
3.0 Definition of Terms
Consultation Refers to the process where a government office locates a record that contains information of interest to another agency/office, it will ask for the views of the concerned agency on whether the information can be disclosed before any final determination on approval or denial of request is made.
Denial Refers to the situation when an office or agency cannot release any record in response to a FOI request, because, for example, the requested information is exempt from disclosure or no records responsive to the request can be located.
Exceptions Refers to information that should not be released and disclosed in response to a FOI request because they are protected by the Constitution, laws or jurisprudence.
FOI Decision Maker Refers to the operating unit which has access and (FDM) control over the information being requested.
1 FOI Receiving Office Refers to the primary contact at each agency operating (FRO) unit where the requesting party can submit its FOI request or call and ask questions about the FOI process or the pending FOI request.
FOI Request Refers to a written request submitted to a government office personally or by email asking for records on any topic. A FOI request can generally be made by any Filipino to any government office.
Information Refers to any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, 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 materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or 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.
4.0 Responsibilities
Director General Decides on the FOI Appeal raised by requesting party regarding the denial of FOI Request.
Executive Director(CO)/ Provides final approval, denial or extension of Regional Director (R0)/ response to FOI Request. Provincial/District Director (PO/DO) Center Chief or School Administrator (TTI)
HRMD Chief/ Designated Receiving Officer who acts on the FOI FASD Chief/ Request. S/he reviews the validity of the request for HR Designate information in terms of form and content.
Process Owner Acts as the FOI Decision Maker and is responsible for locating and retrieving the information requested.
2 5.0 Procedure Flow
Requesting Receiving Office Decision Maker Appeal Body Party (HRMD Chief/FASD Chief/ (Process Owner) (Director General) HR Designate) (ED/RD/PD/TTI Chief/Adm)
(Day 0) (Day 1) i(Day 2-4) • Accomplishes FOI Request Reviews form and content of Assesses request Form FOI Request Form • Presents valid ID • does the agency hold the or authorization • checks if request is valid information requested? • clarifies what information is • is the information already requested, if not clearly accessible (online or at stated hand)? • stamps received • is the request a repeat of a • provides copy to requestor previous request from the • logs details in FOI registry same requesting party? • forwards request to concerned process owner Locates information
• obtain all relevant information • prepare information requested and located
Informs/consults with other office/agency
• consults other concerned office/agency affected
Decides either to approve or deny the request and notifies REQUEST DENIED 14 Receiving Office 3
REQUEST APPROVED Requesting Receiving Office Decision Maker Appeal Body Party (HRMD Chief/ FASD Chief/ (Process Owner) (Director General) HR Designate) (ED/RD/PD/TTI Chief/Adm)
REQUEST APPROVED
T
1 (Day 5-8)
Considers response
• reviews content of documents and apply relevant exceptions • considers comment/ advices of officials )
T i. (Day 9-10)
• seeks clearance from Head of Operating Unit )
T 1(Day 11-12)
• prepares information for release, e.g. scan or (Day 13-15) photocopy documents • if applicant asked for • Prepares response and 4 information in a certain transmit information to the format, complies as deemed requesting party practical
K _. • updates FOI Registry and saves response
Requesting Receiving Office Decision Maker Appeal Body Party (HRMD Chief/ FASD Chief/ (Process Owner) (Director General) HR Designate) (ED/RD/PD/TTI Chief/Adm)
REQUEST DENIED
(Day 5)
Prepares the response to the requesting party. Optional Response r / (Day 0) (Day 1-30)
Writes letter of .• Reviews and appeal to the decides on the appeal Director General _2
5 6.0 Procedure Details
6.1 Accomplishment of the FOI Request Form
6.1.1 The requesting party shall accomplish the FOI Request Form and submit the same to the HRMD Chief/ FASD Chief/ HR Designate.
6.1.2 The requesting party shall also present a valid proof of identification or authorization.
6.2 Review of the FOI Request Form
6.2.1 The HRMD Chief / FASD Chief / HR Designate shall review the request for information and check compliance of the following requirements:
a. The request must be in writing (using the FOI Request Form);
b. The request shall state the name and contact information of the requesting party, as well as provide valid proof of identification or authorization; and
c. The request shall reasonably describe the information requested and the reason for or purpose of the request for information.
d. The information requested falls under the following public documents:
• Decisions rendered on TESDA administrative cases after said cases had been resolved within the level of TESDA; • Letters between and among government offices on existing TESDA projects and programs; • TESDA Board Resolutions; • Contracts which are signed by TESDA in relation to procurement activities of TESDA after the procurement had been concluded; • Contracts which are signed by TESDA that did not undergo any procurement process; • Minutes and Transcripts of official meetings; • Published materials of TESDA; • Photographs of TESDA official events; • TESDA research materials that are already completed; • Sound and video recording of TESDA official events; • Computer stored data that may be obtained from the TESDA website pertaining to official transactions of TESDA; • Personnel Data Sheets (PDS) of TESDA officials and employees; and subject to IRR of R.A. No. 10173 known as the "Data Privacy Act of 2012";
6 • Statement of Assets, Liabilities and Networth (SALN) of TESDA officials and employees subject to Sections 3 and 4 of EO No. 2, series of 2016; • MOAs entered into by TESDA; • Other information identified under the Agency's Information Inventory. e. The information requested do not fall under the following areas (exceptions):
• QMS documents (Quality Procedures and Operating Procedures); • Personal information of students, trainees and apprentices at public and private TVET Institutions and training centers in due deference to the provisions of the Data Privacy Act; • 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 deemed confidential for the 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; • 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.
While TESDA is directed to provide public access to information, they are also instructed to observe and protect the right to privacy of TESDA officials and employees. The concerned TESDA employees are directed to ensure that information would only be released if relevant to the request and if the Executive Order no. 02, series of 2016, certain laws and regulations would allow such disclosure.
They are also tasked to make "reasonable security arrangements" against leaks or premature disclosure of any 7 information that might subject one to harassment, verification and other wrongful acts.
6.2.2 In case the requesting party is unable to make a written request, because of illiteracy or due to being a person with disability, he or she may make an oral request, and the HRMD Chief/ FASD Chief/ HR Designate shall reduce it in writing. He/She through his/her duly authorized representative can also make the request in their behalf.
6.2.3 The request shall be stamped received by the HRMD Chief/ FASD Chief/ HR Designate, indicating the date and time of the receipt of the written request, and the name, rank, title and position of the public officer who actually received it, with a corresponding signature and copy furnished the requesting party.
In case of email requests, the email shall be printed out and shall follow the procedure mentioned above, and be acknowledged by electronic mail. The HRMD Chief/ FASD Chief/ HR Designate shall input the details of the request on the FOI Registry and allocate a reference number.
6.2.4 The HRMD Chief/ FASD Chief/ HR Designate shall ensure that the TESDA operating unit responds to the request within fifteen (15) working days following the date of receipt of the request.
6.2.5 The HRMD Chief/ FASD Chief/ HR Designate shall initially evaluate the content of the request, and acts as follows:
a. Request relating to more than one office/agency
If the requested information requires data/records from different agencies/ offices, the HRMD Chief/ FASD Chief/ HR Designate shall forward such request to the concerned agency/ office. He/she through his/her duly authorized representative can also make the request in their behalf. S/he shall ensure that the request is well coordinated and that compliance is monitored. S/he shall also clear with the respective FOI Receiving Offices of such agencies/ offices that s/he will only provide the specific information that relates to his/her concerned TESDA operating unit.
b. Requested information is not in the custody of the TESDA Operating Unit 8 If the requested information is not in the custody of the TESDA operating unit, HRMD Chief/ FASD Chief/ HR Designate shall undertake the following steps:
• If the records/information requested can be secured from another agency/ office, the request will be immediately transferred to the appropriate department through the most expeditious manner and the transferring office must inform the requesting party that the request has been referred to another office/agency and that the information cannot be secured within the 15 working day limit. The 15 working day requirement for the receiving office commences the day after it receives the request.
• If the records refer to an office not within the coverage of E.O. No. 2, the requesting party shall be advised accordingly and provided with the contact details of that office, if known.
c. Requested information is already posted and available on- line
If the information being requested is already posted and publicly available in the agency website, data.gov.ph or foi.gov.ph, the HRMD Chief/ FASD Chief/ HR Designate shall inform the requesting party of the website link where the information is posted.
d. Requested information is substantially similar or identical to a previous request
Should the requested information be substantially similar or identical to a previous request by the same requester, the request shall be denied. However, the HRMD Chief/ FASD Chief/ HR Designate shall inform the applicant of the reason of such denial.
6.2.6 Any question on the legality of the information requested shall be forwarded to the Department of Justice (DOJ) and/or the Office of the Solicitor General (OSG) to ensure that it does not violate any laws. A notice shall be made to the requesting party on the status of request.
9 6.2.7 HRMD Chief/ FASD Chief/ HR Designate after evaluation shall notify the process owner of the request. The copy of the request shall be forwarded to said process owner within one (1) day from receipt of the written request.
6.2.8 HRMD Chief/ FASD Chief/ HR Designate shall reflect the status/ details of transfer of FOI Request to the FOI Registry.
6.3. Processing of FOI Request
6.3.1 The process owner, upon receipt of the request for information shall assess the request and make all necessary steps to locate and retrieve the information requested.
6.3.2 The process owner shall ensure that the complete information is submitted to the HRMD Chief/ FASD Chief/ HR Designate within twelve (12) days upon receipt of request (from requesting party).
6.3.3 If the process owner needs further details to identify and locate the information, s/he shall, through the HRMD Chief/ FASD Chief/ HR Designate, seek clarification from the requesting party. The clarification shall stop the running of the 15 WD period and will commence again after it receives the required clarification from the requesting party.
6.3.4 If the process owner determines that a record contains information of interest to another agency/office, then s/he shall consult with the concerned agency/office to determine if disclosure is allowed.
6.3.5 If the information requested requires extensive search of the government's office records facilities, examination of voluminous records, the occurrence of fortuitous events or other analogous cases, the process owner shall inform the HRMD Chief/ FASD Chief/ HR Designate.
6.3.6 The HRMD Chief/ FASD Chief/ HR Designate shall inform the requesting party of the required extension, setting forth the reasons for such extension. In no case shall be extension exceed twenty (20) working days on top of the mandated fifteen (15) working days to act on the request, unless exceptional circumstances warrant a longer period.
6.3.7 Once the process owner approves, denies or extends response to the request, s/he shall immediately notify the HRMD Chief/ FASD 10 Chief/ HR Designate who shall in turn prepare the response to the requesting party either in writing or by email.
6.3.8 All actions on request (whether approval, denial or extension) shall pass through the Head of Operating Unit (i.e. ED, RD, PD, TTI Chief or Administrator) for final approval.
6.4 Transmittal of Information or Notice of Denial to Requesting Party
6.4.1 Upon receipt of requested information, the HRMD Chief/ FASD Chief/ HR Designate shall ensure that all records have been retrieved and considered checked for possible exemptions, prior actual release.
6.4.2 The HRMD Chief/ FASD Chief/ HR Designate shall prepare the letter or email informing the requesting party within the prescribed period that the request was granted and be directed to pay the applicable fees, if any (such as actual costs of reproduction and copying of the information requested).
6.4.3 In case of denial the HRMD Chief/ FASD Chief/ HR Designate shall notify the requesting party of the denial in writing. The notice shall clearly set forth the ground/s for denial and the circumstances on which the denial is based.
Failure to notify the requesting party of the action taken on the request within the fifteen (15) working day period will be viewed as a denial of the request. Nevertheless, the failure to act upon the request by the concerned personnel within the prescribed period must also be supported with acceptable reason. Should no valid reason is provided and the same is merely due to plain omission or negligence, or if the ground for denial relied upon is based on pure personal or vested interest, whimsies, caprices or any other self-serving or other patently unjustified excuses, the responsible personnel shall be held guilty of Simple Misconduct which is punishable by suspension of one (1) month and one (1) day up to six (6) months for the first offense and the penalty of Dismissal for the second offense pursuant to Section 46 (D.2) of Rule 10 of the Revised Rules of Administrative Cases in the Civil Service (RRACCS), which penalty was affirmed by the Supreme Court in the case of Civil Service Commission vs. Jose J. Lucas (GR No. 127838, 21 January 1999).
11 6.4.4 HRMD Chief/ FASD Chief/ HR Designate shall reflect the status of FOI Request to the FOI Registry.
6.5 Remedies in Case of Denial
6.5.1 The denial of FOI Request may be appealed to the Office of the Director General.
6.5.2 The requesting party may submit a written appeal within fifteen (15) calendar days from the notice of denial or from the lapse of the period to respond to the request.
6.5.3 The appeal shall be decided by the Director General within thirty (30) working days from the receipt of the written appeal.
6.5.4 Once all administrative appeal remedies have been exhausted, the requesting party may file a case for Mandamus before the appropriate court.
7.0 Annexes
• Annex A - PC00 FOI Request Form • Annex B - TESDA FOI Receiving Officers (Central/ Regional/Provincial Office/TTI)
12 Annex A
FREEDOM ()I IN I ORMA I ION RI (.)...1.)1 VI I ORM
IMPORTANT - Please read this information carefully before you complete the F01 request form. Once you have completed your request we strongly advise that you keep a copy lot your records.
What i•l.‘c•utive Order No.2 s. 2016? What is Freedom of Information? On Jul,. 23 2C16, President Rodrigo Roa Coy-tette sigred the fOl E0 .5 an irnpooart clabi ng mechanism to pro• E necutive Order No 2 also known as the Freedom or Infos. mote transparency in the government's administratmt matron (F01) Executive Order it upholds the constitu- process. Terough FOE citizens are empowered to mate a tonal right of people to information on Matters Of public 'ormal request to get information t•eld by the govern ConCern ment barring tette n sensit,ve and important data 'cat- ea to the rat on 's security The f01 complements con• The Executive Order covers all goverrrneet offices under t nu rg proact.ve informat.on diSC4Stire efforts where tne t strut,. Branch, .11,C114,1,9 oyyreo or . agerc es are duty•bouncl to publish information in the control ed corporations titIOCCs) and state tin.vers ties spirit of openness and transparency . and colleges tSUCs) It ',Chore' all executive departments. agerc is Duteous. and offices to matte Cub' c records. Freedom of Information 4 an integral element of ProSi contracts transactvans and any rformatior‘ requested by dent Outerte s Good Governance P'an aligned to reforms a mamba' of the Pub,t except for serts.tive informs:toe and n tiatvits that pursue greater transparency, ac• and matters efect.ng national security Countati'ity. and cit•:en participation in governance
Who is overseeing the implementation of FOI Executive Order No. 2? The OnrCeGit the President tr`rOuQh If* Pres Clar 1131 COrnon'CatiOnS Operations O'fiCe (PO00. is oversee ng tne implementation and operas oralizat ,01 of ?Pt f 01 program PC00 .5 also responsible for monitoring comptiaricti and cpeivtotrnagice of all govefn• men! agencies MAKING AN FOI REQUEST
Who can make an I:01 request? What information can I request for under the r C.:I 10 any F pro ct :on r,aso an 101 through 101? request As a matter of policy, requesting parties are re• Information. off c a records. pubt C records. docu- gusted to present proof of ,dentif