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basic Aplanning course for police senior non commisiion officerBPC 2024 - FOI November 11, 2024.pdf

The document covers a lecture on the Freedom of Information (FOI) program, detailing its legal bases, duties of receiving officers, and procedures for filing and processing requests, including grounds for denial and the appeals process. It emphasizes the importance of transparency and accountability in governance, ensuring public access to official records while also protecting privacy and listing exceptions to access requests. The document outlines the responsibilities of various PNP personnel in relation to FOI and includes information on compliance with related laws.

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Basic Planning Course (BPC) Lecture on the Freedom of Information (FOI) November 11, 2024 NUP Marichu C Lim Planning Officer II Plans and Programs Division Directorate for Plans
SEQUENCE OF PRESENTATION A. What is FOI? B. Legal Bases C. Salient Points of EO No. 2, S. 2016 D. Duties and Responsibilities of PNP FOI Receiving Officers and PNP FOI Decision Makers E. Procedure in Filing and Processing of the Request F. Appeals in Cases of Denial of the Request G. Duty to Publish Information & Protection of Privacy H. List of Exceptions to Right of Access to Information I. PNP FOI Standard Request Form/Response Templates J. Administrative Liabilities K. Other FOI Policies/Guidelines L. Electronic FOI M. Modified One-Page FOI Manual N. Key Issues on the Processing of a Request
What is FOI? • FOI Program - government mechanism that enables citizen to make a formal request to get information held by the government, barring certain sensitive information relating to privacy and national security. • FOI Program is an integral element of the President’s Good Governance Plan aligned to reforms and initiatives that pursue greater transparency, accountability, and citizen participation in governance.
The 1987 Constitution ➢ Section 7, Article III - guarantees the right of the people to information on matters of public concern. ➢ Section 28, Article II - the State adopts and implements a policy of full disclosure of all its transactions involving public interest. LEGAL BASIS
Memorandum from the Executive Secretary dated November 24, 2016 ➢ Inventory of Exceptions to Executive Order No. 2, S. 2016. Republic Act No. 10173 dated August 15, 2012 (Data Privacy Act of 2012) ➢ Policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth.
Republic Act No. 9485 dated June 2, 2007 Anti-Red Tape Act of 2007 (ARTA Law) ➢ 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. Republic Act No. 11032 dated July 24, 2017 ➢ Act of promoting Ease of Doing Business and Efficient Delivery of Government Services.
Salient Points of EO No. 2, S. 2016 I. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, used as basis for policy development.
Official Records 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. Information ➢ Records ➢ Documents ➢ Papers ➢ Reports ➢ Letters ➢ Contracts ➢ Minutes of Meetings ➢ Maps ➢ Books ➢ Photographs ➢ Data ➢ Research Materials ➢ Films ➢ Sound and Video Recording ➢ Magnetic or other tapes ➢ Electronic Data ➢ Computer Stored Data Public Records Information required by laws, executive orders, rules, or regulations to be entered, kept, and made publicly available by a government office.
Salient Points of EO No. 2, S. 2016 II. Coverage of Executive Order III. Government entities outside the Executive Branch are encouraged to comply: ➢ All departments; ➢ Bureaus; ➢ Offices; and ➢ Instrumentalities of the Executive Branch ➢ Including, Government-Owned or Controlled Corporations (GOCCs) ; ➢ State Universities and Colleges (SUCs); and ➢ Local Water Districts (LWDs.).
The FOI Program
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 grant of Performance Based-Bonus (PBB).
EVOLUTION OF THE PREXC Implementing the Results-Based Performance-Management System (RBPMS)
Approved PNP People’s FOI Manual • The PNP People’s Freedom of Information (FOI) Manual was approved by Chief, PNP on August 2, 2018.
Contents of PNP People’s FOI Manual a. Contact Information b. Receiving Officer c. Procedure d. Standard Forms e. Appeal f. Schedule of Fees
Activation of FOI Section and Desks General Order 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 staffing of FOIS under PID, DPCR and all FOI Sections/Desks are as follows:
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; ➢ ln case the requesting party is unable to make a written request because of illiteracy or due to disability, he or she may make an oral request, and the FRO shall reduce it in writing; ➢ 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; ➢ The FDM is the focal person to provide guidance in implementing the FOI program within his/her office; and should have the ability to provide guidance on, including but not limited to, exceptions, application and clarification on search and retrieval procedures, redaction and extraction of data, and handling of non-traditional requests; ➢ the FDMs shall ensure that policies and guidelines are being implemented in their respective agencies; and ➢ When on leave or on official business, designate an OIC, FDM.
How Request is made? Every 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; ➢ Requesting Person 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 out of the form.
What are the Valid Proof of Identification? ➢ Company ID; ➢ Voter’s ID; ➢ Passport; ➢ GSIS/SSS ID; ➢ Voter’s ID; ➢ Driver’s License; ➢ PRC ID; ➢ Senior Citizen’s ID; ➢ Postal ID; ➢ Philhealth ID; and ➢ Valid Student ID with authorization from School/Department Head
Standard Processing Time
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
What are the Grounds for Denial of FOI Request? ➢ The information requested is among the limitations and exclusions stated in the manual; ➢ 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 information/public record/official record being requested is not in the possession or control of the office. DENIAL OF FOI REQUEST
Denial of request shall be appealed to the PNP Appeals and Review Committee (ARC) APPEALS IN CASES OF DENIAL OF FOI REQUEST
When to Appeal? How to Appeal? ➢ Written appeals must be filed by the same person making the FOI request within 15 working days from the notice of denial or from lapse of the relevant period to respond to the request. ➢ The PNP ARC shall decide the appeal within 30 working days from the filing of the written appeal; and ➢ Upon exhaustion of administrative appeal remedies, the requesting party may file the appropriate case in the proper courts in accordance with the Rules of Court.
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: ➢ Description of its mandate, structure, powers, functions, duties and decision-making processes; ➢ Description of frontline services it delivers and the procedure and length of time by which they may be availed of; ➢ Names of its key officials, their powers, functions and responsibilities, and their profiles and curriculum vitae; ➢ Work programs, development plans, investment plans, projects, performance targets and accomplishment, and budgets, revenue allotments and expenditures; ➢ Important rules and regulations, orders or decisions; ➢ Current and important database and statistics that it generates; and ➢ Bidding processes and requirements.
Protection of Privacy While providing for access to information, the PNP shall afford full protection to a person’s right to privacy as follows: ➢ 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; ➢ 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 ➢ 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.
Inventory of Exceptions to Executive Order No. 2, S. 2016 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:
Updating the Inventory of Exceptions to the Right to Access of Information under Executive Order No. 2, S. 2016 The list of exceptions shall be without prejudice to existing laws, jurisprudence, rules and regulations authorizing the disclosure of the excepted information upon satisfaction of certain conditions in certain cases, such as consent of concerned party or as may be ordered by the courts.
The FOI Exceptions List
The FOI Exceptions List
The FOI Exceptions List
LIST OF DETAILED EXCEPTIONS TO RIGHT OF ACCESS TO INFORMATION IN THE PNP
A. OPERATIONS • Accomplished SOCO Forms • Airport Security Program • Annual Operations Plans and Budget (AOPB) • Aviation Security Operational Procedures (ASOP) • Budget Proposal • Buy Bust Operation • Camp Defense Plan • Camp Development Plan • Data from Vehicle Information Management System (VIMS) • Data from Vehicle Information System (VIS) • Data of Vehicles registered in MVCD – HPG database nationwide • Detailed Security Plan/Deployment Plan • Detailed Status of mobility, firepower, communication, investigative and ISO Equipment • Disposition and Location of Troops of Public Safety Forces • Explosive Inventory Magazine Record • Firepower Capability Assets • Follow-up Operations of Suspect • EOD Inventory Equipment, Post Blast Investigation Report, Operation Plan for Disposal, Operational Records and Classified Documents from Intel Community • Hot Pursuit Operations • Implans/Oplans/Coplans • Information of on-going Research and Development • Internal Security Operations (ISO) Fund • Internal Security Operations (ISO) Plan and Reactionary Standby Support Force (RSSF) Deployment • Inventory of PNP Equipment and Properties • Laboratory Procedures • Laboratory Reports • List of IP Addresses • Locations of Ammo Dump and Warehouse • Locations of Repeater Sites and its Operation • LOI Patnubay Report • Maps (Troops disposition and friendly forces), its counterpart and foreign dignitaries (operations) • Master Training Action Plan (MTAP); Annual Training Plan; and Regional Training Plan • Movement of the Head of State, Dignitaries and VIPs during major event and visit to our country • Movement of person under custody (Operations) • NALECC Issuances and Resolutions • National Civil Aviation Security Program • Operational Plans • PNP-AFP Joint Letter Directives, Campaign Plans and SOPs • Radio Communication Capability • Radio Frequencies being officially used • Radiographic Message • Reports/documents on Maintenance and other Operational Expenses (MOOE) • Reports on Program and Review Analysis (PRA) • Result of Digital Forensic Examinations on cellphones and computers • Result of DRD Test and Evaluation • Simulation Exercise Details • Situation Reports • SOCO After Activity Reports • Strength and Capability of Augmentation of Personnel • Troop Movement
B. INVESTIGATION • Actions taken re COAAudit Findings • Case Folders with complete attachments of Pending Cases • Case Folders/Records of all Gender Based Cases (Violence against Women, Violence Against Children and Children in Conflict with the Law) • Contents/complete attachments of the folders of Decided Cases • Crime Details such as victims and witnesses identity • Digital evidence containing nudity and sexual acts • Drafted decisions subject for approval of the Disciplinary Authority • Information System Source Code • Intensification of Police Operations • Inter-Agency Committee on Legal Action Cases • Investigation Competency Trainings (Order of Merit) • Isolated Cases Involving Minor and Heinous Crime • Investigation Report of Pending Cases • List of PNP personnel who were found positive for drug use pending resolution of their administrative cases in view of the Confidentiality Rule as provided by RA 9165 • Matters consulted to a lawyer by a PNP member • Report on Internal Cleansing • Specific location of person under custody at the PNP custodial service unit • Unit Crime Periodic Report (UCPER) C. INTELLIGENCE • Intelligence Alpha List • Intelligence Fund • Classified documents (confidential and secret) with respective security advise is not intended for public dissemination • Complete Background Investigation (CBI) of Personnel/PO1 Applicants/NUP Applicants • Detailed Itinerary of Ranking/ Government Officials and Foreign Dignitaries • Implementation of Warrant of Arrest or Search Warrants • List of High Value Target of Drug Related Cases • List/Bio Profile Forms of Drug Personalities • List of Sightings • Other Network related Configuration and Security Documents • Radio Network Program for Special Events such as APEC, ASEAN Summit, BIMP-EAGA, visits of Foreign President/Dignitaries, etc • Reminders on NPA/LAGs/LTG Attacks and Counter Measures • Report on Internal Security Operations (ISO) Incidents Accomplishment & CNN Activities • Security Coverage to all occasion deployment security to code 1, code 2 and other VIPs • Security Survey Inspection on Business, Banking and other Financial Establishments • Summary of Information of Targets • Tactical Interrogation Report • Target Hardening Measures • Threat Assessment for Issuance of PTCFOR • Tokhang and Project Double Barrel Personalities • Transferred PNP Personnel Under Monitoring
D. POLICE COMMUNITY RELATIONS • COMPACT Target Barangays • Media Lines (Internal) • Local Government Unit/Non-Government Organization Support • Pastoral and Family Counselling Records • Source of INFOTEXT from Hotline 888; PNP text “BATO”; and Text 2920 E. ADMINISTRATIVE • Accomplished BIR forms No 2306, 2316 and 2307 • Actions taken re COAAudit Findings • Accomplished BIR forms No 2306, 2316 and 2307 • Advice to debit account validated by LBP • Amount and Monthly Pension of Retiring/Retired PNP Personnel • Cash Book • Certificate of Declared Legal Beneficiaries • Communication Electronics Operating Instruction (CEOI) • Computer Generated Personal Data Sheet (PDS) and General Information (GI) • Computer Network Plan • Configurations, Logs, and Reports of Firewalls • Configurations and Logs of Switches • Database Records • Data from HPG - Archive E. ADMINISTRATIVE • Data for Record Check • Delinquency Report • Detailed Floor Plan of PNP Buildings • Interview Evaluation Form of Applicants filled out by the members of the promotion board pending approval of appointment and resolution • Issuances (Special Orders/General Orders/Letter Orders) • Leave Records (Breakdown of Leave Credits) • Letter Orders (Travel Order, Detailed Order) • List/Name of Applicants who Failed in Psychiatric and Psychological Examination (PPE) and Physical, Medical and Dental Examination (PMDE) • Memorandum Training Directives • Name of PNP personnel with Administrative and Criminal Cases • Non-Property Accountability Clearance; • Office Journal • Payroll and Pension Information (Names, amounts, Claims, and other Relevant Information • Payslips • Personal Services Claims (PS) • Physical Fitness Sports Development Program • Pink Blotter • PNP Housing Data • PNP ID Cards
E. ADMINISTRATIVE • PNP Personnel Reassigned in PRO ARMM and Augmented to Task Force Basilan • PNP Physical Conditional and Combat Sports • Data Monitoring of Career Mandatory Courses • Data Monitoring of Weight Loss • Payroll and Pension Information (Names, Amounts, Claims and Other Relevant Information • Program of Expenditures (POE) • Program of Instruction, Budgetary Requirements and Specialized Training Pictorials • Recommendation of RIAS pending approval of Disciplinary Authority • Reinstated PNP Personnel Reassigned in PRO ARMM • Reports on Cash Advances • Reports on Disbursing Officers Balances • Report on Downloading of PINSP and PO1s for Patrol Duties • Report on Financial Operation E. ADMINISTRATIVE • Reports on Monthly Disbursement of Funds • Result of Board Deliberation and Worksheet pending approval • Salary System • Service Records • Specialized Training • Summary Hearing Officer resolution of administrative complaints against PNP personnel • Sworn Statement of Assets and Liabilities Networth (SALN) • System Documentation • 201 File of PNP Uniformed and Non-Uniformed Personnel • Update on PCOS Occupying COP Position as OIC Capacity • User Names and Passwords of Network Equipment • Utilization of Monthly Allocation and Expenses Reports • Utilization of MOOE Fund for POL and Repair of Vehicles • Vouchers
PNP FOI STANDARD REQUEST FORM
PNP FOI STANDARD RESPONSE TEMPLATES
Administrative Liabilities 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. a. Reprimand; b. 1 Day suspension (minimum) up to 60 days suspension (maximum); and c. Dismissal from service.
National Privacy Commission Advisory No. 2017-02 Access to Personal Data Sheets of Government Personnel ➢ Disclosure of personal data shall only be allowed when permitted by existing laws; ➢ Under DPA, only those that relate to the position or function of an individual working for the government may be made available to the public; and ➢ Other types of personal data especially sensitive personal information, may be released only if necessary to be declared, specified and legitimate purpose of the requesting party. FOI Memorandum Circular No. 4, s. 2019 Guidelines on Redaction and Extraction of Information before Disclosure to the Public ➢ All information under the inventory of exceptions, pursuant to EO No. 2, s. 2016, which are included in the document to be released shall be redacted; ➢ Redactions can be made to physical documents using redaction tape or black marker pens; and ➢ Information extraction is the process of separating/isolating specific information from a set of data.
Memorandum Circular No. 2020-037 Police Blotter and CIRAS Information Access ➢ Guidelines and procedures in the proper management and information access of those written in police blotter and those in the CIRAS database; ➢ Access to the police blotter and CIRAS shall be only be limited to PNP personnel; and ➢ Shall not be divulged to anyone unless they are among the real-interest or there is an order from the court. FOI Memorandum Circular No. 21-05 Guidelines on the Referral of requested information, official record/s and public record/s to the appropriate government agency otherwise knows as the "No Wrong Door Policy for FOI" ➢ Referral to appropriate government agency shall mean that another government office is the proper repository or custodian of the requested information or records, or have control over the said information or records. ➢ If Government Agency fails to refer the request within three (3) working days upon its receipt, the FRO shall act on it within the remaining period to respond pursuant to EO No. 02, s. 2016. No fresh period shall apply.
FOI Memorandum Circular No. 21-03 Retention Period of Personal Information and Sensitive Personal Information Gathered through the Standard FOI Request Form and Electronic Freedom of Information (eFOI) Portal ➢ Personal and sensitive personal information processed by government agencies for the purpose of making an FOI request shall be retained for two (2) years. Said information may include but are not limited to: i. FOI request forms containing personal and sensitive personal information; ii. Valid proof of identification (i.e., Government-issued IDs, school-ID, etc.); iii. Personal address; and iv. Personal contact numbers. ➢ For the standard mode, the 2-year retention period shall be counted after the transaction has been closed, whether successful or denied. ➢ For the eFOI portal, the 2-year retention period shall be counted from the last login of the requesting party.
ELECTRONIC FOI ➢ The electronic Freedom of lnformation (eFOl) Portal (www-loi.gov.ph) is an online platform that was developed to provide users ease and convenience in requesting for information, tracking of requests, and receiving the information that they requested online; ➢ The platform is designed to assist government offices in receiving, processing, and responding to the requests that they received online; ➢ Government agencies covered by EO No. 2, s. 2016 shall enroll and onboard to the eFOl portal, www.foi.gov.ph, to ensure that the public will have ease and convenience in requesting for information to different agencies under the Executive Branch; and ➢ As transparency is the primary goal of the program, the details of the requested information, response time, and outcomes of requests lodged to the eFol portal are published publicly.
KEY ISSUES ON THE PROCESSING OF REQUEST 1. Written Request. Requesting Party may submit written request form or log- in through the eFOI portal. 2. Standard Request. Request can be made through walk-in, snail mail and other electronic or paper-based means. 3. Information outside the FOI Program. If information requested falls outside the scope of FOI Program, FDM should advise the requester that the information may be provided through other platforms: a. Frontline/Government Services. Refers to process or transaction between clients and government offices or agencies involving applications for any privilege, right, permit, license or renewal or extension of the enumerated applications/requests.
KEY ISSUES ON PROCESSING OF REQUEST b. Complaints. Complaint lodged in the FOI platform shall be forwarded to the appropriate office or unit. This shall not be counted as FOI request. c. FOI requests lodged outside the FOI Portal. Request for information lodged in complaint platform shall be forwarded accordingly to the FRO or office responsible for receiving requests for information. 4. Relationship between FOI and DPA. Implementation of the FOI and Data Privacy Act (DPA) shall complement each other. Though there are a number of differences between FOI and DPA processes which make it challenging to operate under both policies, National Privacy Commission and FOI-PMO shall cooperate, collaborate and provide assistance to each other in the performance of their respective functions.
COMPLIANCES SUBMITTED TO PCO: a. Updated PNP FOI Manual; b. Updated One-Page PNP FOI Manual; c. Agency Information Inventory; d. FOI Registry; and e. FOI Summary Report.
EVOLUTION OF THE PREXC Implementing the Results- Based Performance- Management System (RBPMS)
FOI AWARDS RECEIVED BY THE PNP 2021 2023 2022 2024
basic Aplanning course for police senior non commisiion officerBPC 2024 - FOI November 11, 2024.pdf

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basic Aplanning course for police senior non commisiion officerBPC 2024 - FOI November 11, 2024.pdf

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    Basic Planning Course(BPC) Lecture on the Freedom of Information (FOI) November 11, 2024 NUP Marichu C Lim Planning Officer II Plans and Programs Division Directorate for Plans
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    SEQUENCE OF PRESENTATION A.What is FOI? B. Legal Bases C. Salient Points of EO No. 2, S. 2016 D. Duties and Responsibilities of PNP FOI Receiving Officers and PNP FOI Decision Makers E. Procedure in Filing and Processing of the Request F. Appeals in Cases of Denial of the Request G. Duty to Publish Information & Protection of Privacy H. List of Exceptions to Right of Access to Information I. PNP FOI Standard Request Form/Response Templates J. Administrative Liabilities K. Other FOI Policies/Guidelines L. Electronic FOI M. Modified One-Page FOI Manual N. Key Issues on the Processing of a Request
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    What is FOI? •FOI Program - government mechanism that enables citizen to make a formal request to get information held by the government, barring certain sensitive information relating to privacy and national security. • FOI Program is an integral element of the President’s Good Governance Plan aligned to reforms and initiatives that pursue greater transparency, accountability, and citizen participation in governance.
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    The 1987 Constitution ➢Section 7, Article III - guarantees the right of the people to information on matters of public concern. ➢ Section 28, Article II - the State adopts and implements a policy of full disclosure of all its transactions involving public interest. LEGAL BASIS
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    Memorandum from theExecutive Secretary dated November 24, 2016 ➢ Inventory of Exceptions to Executive Order No. 2, S. 2016. Republic Act No. 10173 dated August 15, 2012 (Data Privacy Act of 2012) ➢ Policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth.
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    Republic Act No.9485 dated June 2, 2007 Anti-Red Tape Act of 2007 (ARTA Law) ➢ 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. Republic Act No. 11032 dated July 24, 2017 ➢ Act of promoting Ease of Doing Business and Efficient Delivery of Government Services.
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    Salient Points ofEO No. 2, S. 2016 I. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, used as basis for policy development.
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    Official Records Information produced orreceived by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty. Information ➢ Records ➢ Documents ➢ Papers ➢ Reports ➢ Letters ➢ Contracts ➢ Minutes of Meetings ➢ Maps ➢ Books ➢ Photographs ➢ Data ➢ Research Materials ➢ Films ➢ Sound and Video Recording ➢ Magnetic or other tapes ➢ Electronic Data ➢ Computer Stored Data Public Records Information required by laws, executive orders, rules, or regulations to be entered, kept, and made publicly available by a government office.
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    Salient Points ofEO No. 2, S. 2016 II. Coverage of Executive Order III. Government entities outside the Executive Branch are encouraged to comply: ➢ All departments; ➢ Bureaus; ➢ Offices; and ➢ Instrumentalities of the Executive Branch ➢ Including, Government-Owned or Controlled Corporations (GOCCs) ; ➢ State Universities and Colleges (SUCs); and ➢ Local Water Districts (LWDs.).
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    Purpose ➢ To enhancetransparency 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 grant of Performance Based-Bonus (PBB).
  • 14.
    EVOLUTION OF THEPREXC Implementing the Results-Based Performance-Management System (RBPMS)
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    Approved PNP People’sFOI Manual • The PNP People’s Freedom of Information (FOI) Manual was approved by Chief, PNP on August 2, 2018.
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    Contents of PNPPeople’s FOI Manual a. Contact Information b. Receiving Officer c. Procedure d. Standard Forms e. Appeal f. Schedule of Fees
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    Activation of FOISection and Desks General Order 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.
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    The staffing ofFOIS under PID, DPCR and all FOI Sections/Desks are as follows:
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    Duties of theFOI 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; ➢ ln case the requesting party is unable to make a written request because of illiteracy or due to disability, he or she may make an oral request, and the FRO shall reduce it in writing; ➢ 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
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    Duties of theFOI Decision Maker (FDM) ➢ conduct evaluation of the request and has the authority to grant or deny the request; ➢ The FDM is the focal person to provide guidance in implementing the FOI program within his/her office; and should have the ability to provide guidance on, including but not limited to, exceptions, application and clarification on search and retrieval procedures, redaction and extraction of data, and handling of non-traditional requests; ➢ the FDMs shall ensure that policies and guidelines are being implemented in their respective agencies; and ➢ When on leave or on official business, designate an OIC, FDM.
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    How Request ismade? Every 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.
  • 22.
    How Request ismade? ➢ Present at least one valid ID with picture; ➢ Requesting Person 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 out of the form.
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    What are theValid Proof of Identification? ➢ Company ID; ➢ Voter’s ID; ➢ Passport; ➢ GSIS/SSS ID; ➢ Voter’s ID; ➢ Driver’s License; ➢ PRC ID; ➢ Senior Citizen’s ID; ➢ Postal ID; ➢ Philhealth ID; and ➢ Valid Student ID with authorization from School/Department Head
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    Fees ➢ No feeshall 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
  • 26.
    What are theGrounds for Denial of FOI Request? ➢ The information requested is among the limitations and exclusions stated in the manual; ➢ 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 information/public record/official record being requested is not in the possession or control of the office. DENIAL OF FOI REQUEST
  • 27.
    Denial of requestshall be appealed to the PNP Appeals and Review Committee (ARC) APPEALS IN CASES OF DENIAL OF FOI REQUEST
  • 28.
    When to Appeal?How to Appeal? ➢ Written appeals must be filed by the same person making the FOI request within 15 working days from the notice of denial or from lapse of the relevant period to respond to the request. ➢ The PNP ARC shall decide the appeal within 30 working days from the filing of the written appeal; and ➢ Upon exhaustion of administrative appeal remedies, the requesting party may file the appropriate case in the proper courts in accordance with the Rules of Court.
  • 29.
    Duty to PublishInformation 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: ➢ Description of its mandate, structure, powers, functions, duties and decision-making processes; ➢ Description of frontline services it delivers and the procedure and length of time by which they may be availed of; ➢ Names of its key officials, their powers, functions and responsibilities, and their profiles and curriculum vitae; ➢ Work programs, development plans, investment plans, projects, performance targets and accomplishment, and budgets, revenue allotments and expenditures; ➢ Important rules and regulations, orders or decisions; ➢ Current and important database and statistics that it generates; and ➢ Bidding processes and requirements.
  • 30.
    Protection of Privacy Whileproviding for access to information, the PNP shall afford full protection to a person’s right to privacy as follows: ➢ 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; ➢ 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 ➢ 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.
  • 31.
    Inventory of Exceptionsto Executive Order No. 2, S. 2016 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:
  • 32.
    Updating the Inventoryof Exceptions to the Right to Access of Information under Executive Order No. 2, S. 2016 The list of exceptions shall be without prejudice to existing laws, jurisprudence, rules and regulations authorizing the disclosure of the excepted information upon satisfaction of certain conditions in certain cases, such as consent of concerned party or as may be ordered by the courts.
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    LIST OF DETAILEDEXCEPTIONS TO RIGHT OF ACCESS TO INFORMATION IN THE PNP
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    A. OPERATIONS • AccomplishedSOCO Forms • Airport Security Program • Annual Operations Plans and Budget (AOPB) • Aviation Security Operational Procedures (ASOP) • Budget Proposal • Buy Bust Operation • Camp Defense Plan • Camp Development Plan • Data from Vehicle Information Management System (VIMS) • Data from Vehicle Information System (VIS) • Data of Vehicles registered in MVCD – HPG database nationwide • Detailed Security Plan/Deployment Plan • Detailed Status of mobility, firepower, communication, investigative and ISO Equipment • Disposition and Location of Troops of Public Safety Forces • Explosive Inventory Magazine Record • Firepower Capability Assets • Follow-up Operations of Suspect • EOD Inventory Equipment, Post Blast Investigation Report, Operation Plan for Disposal, Operational Records and Classified Documents from Intel Community • Hot Pursuit Operations • Implans/Oplans/Coplans • Information of on-going Research and Development • Internal Security Operations (ISO) Fund • Internal Security Operations (ISO) Plan and Reactionary Standby Support Force (RSSF) Deployment • Inventory of PNP Equipment and Properties • Laboratory Procedures • Laboratory Reports • List of IP Addresses • Locations of Ammo Dump and Warehouse • Locations of Repeater Sites and its Operation • LOI Patnubay Report • Maps (Troops disposition and friendly forces), its counterpart and foreign dignitaries (operations) • Master Training Action Plan (MTAP); Annual Training Plan; and Regional Training Plan • Movement of the Head of State, Dignitaries and VIPs during major event and visit to our country • Movement of person under custody (Operations) • NALECC Issuances and Resolutions • National Civil Aviation Security Program • Operational Plans • PNP-AFP Joint Letter Directives, Campaign Plans and SOPs • Radio Communication Capability • Radio Frequencies being officially used • Radiographic Message • Reports/documents on Maintenance and other Operational Expenses (MOOE) • Reports on Program and Review Analysis (PRA) • Result of Digital Forensic Examinations on cellphones and computers • Result of DRD Test and Evaluation • Simulation Exercise Details • Situation Reports • SOCO After Activity Reports • Strength and Capability of Augmentation of Personnel • Troop Movement
  • 38.
    B. INVESTIGATION • Actionstaken re COAAudit Findings • Case Folders with complete attachments of Pending Cases • Case Folders/Records of all Gender Based Cases (Violence against Women, Violence Against Children and Children in Conflict with the Law) • Contents/complete attachments of the folders of Decided Cases • Crime Details such as victims and witnesses identity • Digital evidence containing nudity and sexual acts • Drafted decisions subject for approval of the Disciplinary Authority • Information System Source Code • Intensification of Police Operations • Inter-Agency Committee on Legal Action Cases • Investigation Competency Trainings (Order of Merit) • Isolated Cases Involving Minor and Heinous Crime • Investigation Report of Pending Cases • List of PNP personnel who were found positive for drug use pending resolution of their administrative cases in view of the Confidentiality Rule as provided by RA 9165 • Matters consulted to a lawyer by a PNP member • Report on Internal Cleansing • Specific location of person under custody at the PNP custodial service unit • Unit Crime Periodic Report (UCPER) C. INTELLIGENCE • Intelligence Alpha List • Intelligence Fund • Classified documents (confidential and secret) with respective security advise is not intended for public dissemination • Complete Background Investigation (CBI) of Personnel/PO1 Applicants/NUP Applicants • Detailed Itinerary of Ranking/ Government Officials and Foreign Dignitaries • Implementation of Warrant of Arrest or Search Warrants • List of High Value Target of Drug Related Cases • List/Bio Profile Forms of Drug Personalities • List of Sightings • Other Network related Configuration and Security Documents • Radio Network Program for Special Events such as APEC, ASEAN Summit, BIMP-EAGA, visits of Foreign President/Dignitaries, etc • Reminders on NPA/LAGs/LTG Attacks and Counter Measures • Report on Internal Security Operations (ISO) Incidents Accomplishment & CNN Activities • Security Coverage to all occasion deployment security to code 1, code 2 and other VIPs • Security Survey Inspection on Business, Banking and other Financial Establishments • Summary of Information of Targets • Tactical Interrogation Report • Target Hardening Measures • Threat Assessment for Issuance of PTCFOR • Tokhang and Project Double Barrel Personalities • Transferred PNP Personnel Under Monitoring
  • 39.
    D. POLICE COMMUNITYRELATIONS • COMPACT Target Barangays • Media Lines (Internal) • Local Government Unit/Non-Government Organization Support • Pastoral and Family Counselling Records • Source of INFOTEXT from Hotline 888; PNP text “BATO”; and Text 2920 E. ADMINISTRATIVE • Accomplished BIR forms No 2306, 2316 and 2307 • Actions taken re COAAudit Findings • Accomplished BIR forms No 2306, 2316 and 2307 • Advice to debit account validated by LBP • Amount and Monthly Pension of Retiring/Retired PNP Personnel • Cash Book • Certificate of Declared Legal Beneficiaries • Communication Electronics Operating Instruction (CEOI) • Computer Generated Personal Data Sheet (PDS) and General Information (GI) • Computer Network Plan • Configurations, Logs, and Reports of Firewalls • Configurations and Logs of Switches • Database Records • Data from HPG - Archive E. ADMINISTRATIVE • Data for Record Check • Delinquency Report • Detailed Floor Plan of PNP Buildings • Interview Evaluation Form of Applicants filled out by the members of the promotion board pending approval of appointment and resolution • Issuances (Special Orders/General Orders/Letter Orders) • Leave Records (Breakdown of Leave Credits) • Letter Orders (Travel Order, Detailed Order) • List/Name of Applicants who Failed in Psychiatric and Psychological Examination (PPE) and Physical, Medical and Dental Examination (PMDE) • Memorandum Training Directives • Name of PNP personnel with Administrative and Criminal Cases • Non-Property Accountability Clearance; • Office Journal • Payroll and Pension Information (Names, amounts, Claims, and other Relevant Information • Payslips • Personal Services Claims (PS) • Physical Fitness Sports Development Program • Pink Blotter • PNP Housing Data • PNP ID Cards
  • 40.
    E. ADMINISTRATIVE • PNPPersonnel Reassigned in PRO ARMM and Augmented to Task Force Basilan • PNP Physical Conditional and Combat Sports • Data Monitoring of Career Mandatory Courses • Data Monitoring of Weight Loss • Payroll and Pension Information (Names, Amounts, Claims and Other Relevant Information • Program of Expenditures (POE) • Program of Instruction, Budgetary Requirements and Specialized Training Pictorials • Recommendation of RIAS pending approval of Disciplinary Authority • Reinstated PNP Personnel Reassigned in PRO ARMM • Reports on Cash Advances • Reports on Disbursing Officers Balances • Report on Downloading of PINSP and PO1s for Patrol Duties • Report on Financial Operation E. ADMINISTRATIVE • Reports on Monthly Disbursement of Funds • Result of Board Deliberation and Worksheet pending approval • Salary System • Service Records • Specialized Training • Summary Hearing Officer resolution of administrative complaints against PNP personnel • Sworn Statement of Assets and Liabilities Networth (SALN) • System Documentation • 201 File of PNP Uniformed and Non-Uniformed Personnel • Update on PCOS Occupying COP Position as OIC Capacity • User Names and Passwords of Network Equipment • Utilization of Monthly Allocation and Expenses Reports • Utilization of MOOE Fund for POL and Repair of Vehicles • Vouchers
  • 41.
    PNP FOI STANDARDREQUEST FORM
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    PNP FOI STANDARDRESPONSE TEMPLATES
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    Administrative Liabilities Non-compliance withFOI 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. a. Reprimand; b. 1 Day suspension (minimum) up to 60 days suspension (maximum); and c. Dismissal from service.
  • 44.
    National Privacy CommissionAdvisory No. 2017-02 Access to Personal Data Sheets of Government Personnel ➢ Disclosure of personal data shall only be allowed when permitted by existing laws; ➢ Under DPA, only those that relate to the position or function of an individual working for the government may be made available to the public; and ➢ Other types of personal data especially sensitive personal information, may be released only if necessary to be declared, specified and legitimate purpose of the requesting party. FOI Memorandum Circular No. 4, s. 2019 Guidelines on Redaction and Extraction of Information before Disclosure to the Public ➢ All information under the inventory of exceptions, pursuant to EO No. 2, s. 2016, which are included in the document to be released shall be redacted; ➢ Redactions can be made to physical documents using redaction tape or black marker pens; and ➢ Information extraction is the process of separating/isolating specific information from a set of data.
  • 45.
    Memorandum Circular No.2020-037 Police Blotter and CIRAS Information Access ➢ Guidelines and procedures in the proper management and information access of those written in police blotter and those in the CIRAS database; ➢ Access to the police blotter and CIRAS shall be only be limited to PNP personnel; and ➢ Shall not be divulged to anyone unless they are among the real-interest or there is an order from the court. FOI Memorandum Circular No. 21-05 Guidelines on the Referral of requested information, official record/s and public record/s to the appropriate government agency otherwise knows as the "No Wrong Door Policy for FOI" ➢ Referral to appropriate government agency shall mean that another government office is the proper repository or custodian of the requested information or records, or have control over the said information or records. ➢ If Government Agency fails to refer the request within three (3) working days upon its receipt, the FRO shall act on it within the remaining period to respond pursuant to EO No. 02, s. 2016. No fresh period shall apply.
  • 46.
    FOI Memorandum CircularNo. 21-03 Retention Period of Personal Information and Sensitive Personal Information Gathered through the Standard FOI Request Form and Electronic Freedom of Information (eFOI) Portal ➢ Personal and sensitive personal information processed by government agencies for the purpose of making an FOI request shall be retained for two (2) years. Said information may include but are not limited to: i. FOI request forms containing personal and sensitive personal information; ii. Valid proof of identification (i.e., Government-issued IDs, school-ID, etc.); iii. Personal address; and iv. Personal contact numbers. ➢ For the standard mode, the 2-year retention period shall be counted after the transaction has been closed, whether successful or denied. ➢ For the eFOI portal, the 2-year retention period shall be counted from the last login of the requesting party.
  • 47.
    ELECTRONIC FOI ➢ Theelectronic Freedom of lnformation (eFOl) Portal (www-loi.gov.ph) is an online platform that was developed to provide users ease and convenience in requesting for information, tracking of requests, and receiving the information that they requested online; ➢ The platform is designed to assist government offices in receiving, processing, and responding to the requests that they received online; ➢ Government agencies covered by EO No. 2, s. 2016 shall enroll and onboard to the eFOl portal, www.foi.gov.ph, to ensure that the public will have ease and convenience in requesting for information to different agencies under the Executive Branch; and ➢ As transparency is the primary goal of the program, the details of the requested information, response time, and outcomes of requests lodged to the eFol portal are published publicly.
  • 49.
    KEY ISSUES ONTHE PROCESSING OF REQUEST 1. Written Request. Requesting Party may submit written request form or log- in through the eFOI portal. 2. Standard Request. Request can be made through walk-in, snail mail and other electronic or paper-based means. 3. Information outside the FOI Program. If information requested falls outside the scope of FOI Program, FDM should advise the requester that the information may be provided through other platforms: a. Frontline/Government Services. Refers to process or transaction between clients and government offices or agencies involving applications for any privilege, right, permit, license or renewal or extension of the enumerated applications/requests.
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    KEY ISSUES ONPROCESSING OF REQUEST b. Complaints. Complaint lodged in the FOI platform shall be forwarded to the appropriate office or unit. This shall not be counted as FOI request. c. FOI requests lodged outside the FOI Portal. Request for information lodged in complaint platform shall be forwarded accordingly to the FRO or office responsible for receiving requests for information. 4. Relationship between FOI and DPA. Implementation of the FOI and Data Privacy Act (DPA) shall complement each other. Though there are a number of differences between FOI and DPA processes which make it challenging to operate under both policies, National Privacy Commission and FOI-PMO shall cooperate, collaborate and provide assistance to each other in the performance of their respective functions.
  • 51.
    COMPLIANCES SUBMITTED TOPCO: a. Updated PNP FOI Manual; b. Updated One-Page PNP FOI Manual; c. Agency Information Inventory; d. FOI Registry; and e. FOI Summary Report.
  • 52.
    EVOLUTION OF THEPREXC Implementing the Results- Based Performance- Management System (RBPMS)
  • 53.
    FOI AWARDS RECEIVEDBY THE PNP 2021 2023 2022 2024