PDEA FOI PEOPLES MANUAL 2023 09feb2023
PDEA FOI PEOPLES MANUAL 2023 09feb2023
PDEA FOI PEOPLES MANUAL 2023 09feb2023
FREEDOM OF INFORMATION
PEOPLE’S MANUAL
MESSAGE
The real essence of a democratic country like the
Philippines is manifested in the access of its citizens
to certain information that involves public interest.
The right to know about the affairs of the government
empowers every Filipino to contribute in policy
development and good governance.
The duty of the State to uphold the constitutional right
of the people to information on matters of public
concern is absolute. Every Filipino should be abreast
with the facets of governance. The same way, that
the government should provide details with the
ultimate purpose of establishing transparency and
accountability.
The PDEA Freedom of Information (FOI)
manual serves as a bridge to the people for an open
communication. As the lead agency in the national
anti-drug campaign, consistency in providing legitimate and relevant information
encourages integral cooperation and participation of the public. This manual
demonstrates our commitment to comply with all FOI requests pertaining to the
government's anti-drug campaign. FOI is our token of openness that depicts the
Agency's core values of professionalism, dynamism, excellence-driven and
accountability.
I would like to commend all PDEA personnel who took part in the formulation
of this manual. Likewise, to our partners and stakeholders for their continued support
to the Agency.
Mabuhay ang Sambayanang Pilipinas!
MESSAGE
Since the operationalization of the Freedom of Information (FOI)
Program via Executive Order (EO) No. 2, s. 2016, all
Government entities have adapted to this mechanism which
ensures transparency and full public disclosure of information.
The Philippine Drug Enforcement Agency, true to its core values
of Professionalism, Dynamism, Excellence-driven and
Accountability, has consistently espoused the FOI Program,
allowing every Filipino to request any non-classified information
about PDEA's transactions and operations in the spirit of
openness and transparency.
I extend my profuse congratulations to the PDEA for this timely revision of the PDEA
Freedom of Information (FOI) Manual which now incorporates the provisions of the
"No Wrong Door Policy". This further ensures that appropriate and legitimate requests
for information will be addressed by the Agency in a timely manner.
In our continuing efforts to professionalize the PDEA, it is my hope that mechanisms
like the FOI Program will demonstrate that the need to safeguard critical information
and intelligence does not hinder law enforcement agencies from truly espousing
transparency and accountability which are the pillars of good governance.
In this age of rapid information exchange, let us all be reminded that the participation
of the citizenry in governance is the right and responsibility of every Filipino. We should
safeguard that right and empower those who are one with us in building a brighter
future for the Filipino people.
SECTION I: OVERVIEW
2. Structure of the Manual: This Manual shall set out the rules and procedures
to be followed by the Agency in the National and Regional Offices when a
request for access to information is received. The Director General is
responsible for all actions carried out under this Manual and may delegate
this responsibility to the Service/Regional Directors and Chief of Offices. The
Director General may delegate a specific officer to act as the Decision Maker
(DM) and shall have the overall responsibility for the initial decision on FOI
requests, (i.e. to decide whether to release all the records, partially release
the records or deny access to the same).
3. Coverage of the Manual: This manual shall cover all requests for
information directed to PDEA National and Regional Offices.
The said Committee shall review and analyze the grant or denial of
request for information. The Committee shall provide justifications/ reasons
for the denial of such request. The designated Officer-in-Charge and/or the
member of the Technical Working Group of the FOI may represent in the
absence of the member during the meeting for such purpose.
2. FOI REPORTS. The Agency Information Inventory, FOI Registry and Summary
which are annually submitted to the FOI-PMO Team. These reports show the
average processing time, the information which are open for public disclosure and
the total FOI reports processed.
14. INFORMATION. Shall mean 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, and/or 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 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.
15. INFORMATION FOR DISCLOSURE. Information promoting the awareness
and understanding of policies, programs, activities, rules or revisions affecting the
public, government agencies, community and economy. It also includes information
encouraging familiarity with the general operations, thrusts, and programs of the
government. In line with the concept of proactive disclosure and open data, these
types of information can already be posted at government websites, such as
data.gov.ph, without need for written requests from the public.
16. MULTI-TRACK PROCESSING. A system that divides incoming FOI requests
according to their complexity so that simple requests requiring relatively minimal
review are placed in one processing track and more complex requests are placed
in one or more other tracks. Request granted shall be processed expeditiously and
placed in another track. Requests in each track are processed on a first in/first out
basis.
17. OFFICIAL RECORD/S - Shall refer to 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.
18. OPEN DATA - Refers to publicly available data structured in a way that enables
the data to be fully discoverable and usable by end users.
19. PARTIAL GRANT/PARTIAL DENIAL. When the Agency is able to disclose
portions of the records in response to a FOI request, but shall deny other portions
of the request.
20. PENDING REQUEST OR PENDING APPEAL. An FOI request or
administrative appeal for which the Agency has not yet taken final action in all
respects. It captures anything that is open at a given time including requests that
are well within the statutory response time.
21. PERFECTED REQUEST. A FOI request, which reasonably describes the
records, sought and made in accordance with the Agency’s regulations.
22. PERSONAL INFORMATION - Shall refer to any information, whether recorded
in a material form or not from which the identity of an individual is apparent and can
be reasonably and directly ascertained by the entity holding the information, or
when put together with other information would directly and certainly identify an
individual.
While providing for access to information, the Agency shall afford full
protection to a person’s right to privacy, as follows:
1.4.2 If the Agency has asked the requesting party for further
details to identify and locate the requested information,
the date on which the necessary clarification is received.
An exception to this will be where the request has been emailed to an absent
member or staff, and this has generated an ‘out of office’ message with
instructions on how to re-direct the message to another contact. Where such is
the case, the date of receipt will be the day the request arrives in the inbox of
that contact.
Where further details are needed to identify and locate the requested information,
the fifteen (15) working days will commence the day after the required
clarification is received from the requesting party.
2. Initial Evaluation. After receipt of the request for information, the FRO shall
evaluate the contents of the request.
2.1 Request relating to more than one office under the Agency: If a
request for information is received which requires input from
more than one Service/Office for compliance therewith, the FRO
shall forward such request to the concerned Offices to monitor
and ensure its compliance. The designated FRO shall only
provide the requested information concerning their Services/
Offices.
2.2 Requested information is not in the custody of the Agency in the
National and Regional Offices: If the requested information is not
in the custody of the Agency, the following shall be undertaken
by the FDM and FRO:
2.2.1 Full denial to the request, informing the requesting party
that such information is not available and the request shall be
4. Role of FDM in processing the request: Upon receipt of the request for
information from the FRO, the FDM shall assess and clarify the request if
necessary. He or she shall supervise and ensure compliance with the request
within ten (10) working days.
The FDM shall inform the Director General or his designated Officer-In -
Charge in case the compliance is made beyond the 10-working day
period.
Should the FDM need further details to identify or locate the information,
he or she shall, through the FRO, seek clarification from the requesting
party. The clarification period shall not affect the 15 working days’ period
and shall resume only after receipt of the required clarification from the
requesting party.
Should the FDM determine that a record contains information of interest
to another government office; the FDM shall consult with the agency
concerned on the disclosure of the records before making any final
decision.
5. Role of FRO to transmit the information to the requesting party. Upon receipt of
the requested information from the DM, the FRO shall collate and ensure that
the information is complete. He shall attach a cover/transmittal letter signed by
the Director General or his/her designated Officer-In-Charge and ensure the
transmittal of such to the cover/transmittal letter signed by the Director General
or his/her designated Officer-In-Charge and ensure the transmittal of such to
the requesting party within fifteen (15) working days upon receipt of the request
for information.
6. Request for an Extension of Time: The FRO shall be informed by the FDM if
the information requested requires extensive search of the Agency’s records
either on account of the need for examination of voluminous documents, or due
to the occurrence of fortuitous events and/or other analogous cases.
The FRO shall inform the requesting party of the extension, setting forth the
reasons for such extension. In no case shall the 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.
7. Notice to the Requesting Party of the Approval/Denial of the Request: Once the
FDM approved or denied the request, the FRO shall immediately
disseminate/dispatch the response to the requesting party. All actions on FOI
requests, whether approval or denial, shall be submitted to the Director General
or his/her designated Officer-In-Charge for final approval/information.
A person whose request for access to information has been denied may avail
himself of the remedy set forth below:
1. Administrative FOI Appeal to the Agency Central Appeals and Review
Committee:
The Agency shall establish a system to trace the status of all requests for
information received, which may be paper-based, on-line or both.
1. No Request Fee. The Agency shall not charge any fee for accepting requests
for access to information.
2. Reasonable Cost of Reproduction and Copying of the Information: The FRO
shall immediately notify the requesting party in case there shall be a
reproduction and copying fee in order to provide the information. Such fee
shall be the actual amount spent by the Agency in providing the information to
the requesting party. The schedule of fees shall be posted by the concerned
services and/or offices.
3. Exemption from Fees: The Agency may exempt any requesting party from
payment of fees, upon request stating the valid reason why such requesting
party shall not pay the fee.
All offices and employees of National Staff Services, Support Units and Regional
Offices are mandated to disseminate and implement the PDEA FOI Manual.
ANNEX “A”
MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 02
OPERATIONALIZING IN THE EXECUTIVE BRANCH THE PEOPLE’S
CONSTITUTIONAL RIGHT TO INFORMATION AND THE STATE POLICIES TO
FULL PUBLIC DISCLOSURE AND TRANSPARENCY IN THE PUBLIC SERVICE
AND PROVIDING GUIDELINES THEREFOR
WHEREAS, pursuant to Article 28, Article II of the 1987 Constitution, the State adopts
and implements a policy of full public disclosure of all its transactions involving public
interest, subject to reasonable conditions prescribed by law;
WHEREAS, Section 7, Article III of the Constitution guarantees the right of the people
to information on matters of public concern;
WHEREAS, the incorporation of this right in the Constitution is a recognition of the
fundamental role of free and open exchange of information in a democracy, meant to
enhance transparency and accountability in government official acts, transactions, or
decisions;
WHEREAS, the Executive Branch recognizes the urgent need to operationalize these
Constitutional provisions;
WHEREAS, the President, under Section 17, Article VII of the Constitution, has control
over all executive departments, bureaus and offices, and the duty to ensure that the
laws be faithfully executed;
WHEREAS, the Data Privacy Act of 2012 (R.A. 10173), including its implementing
Rules and Regulations, strengthens the fundamental human right of privacy, and of
communication while ensuring the free flow of information to promote innovation and
growth;
NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by
virtue of the powers vested in me by the Constitution and existing laws, do hereby
order:
SECTION 1. Definition. For the purpose of this Executive Order, the following terms
shall mean:
(a) “Information” shall mean 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, 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
shall be denied unless it clearly falls under any of the exceptions listed in the inventory
or updated inventory of exceptions circularized by the Office of the President provided
in the preceding section.
The determination of the applicability of any of the exceptions to the request shall be
the responsibility of the Head of the Office which is in custody or control of the
information, public record or official record, or the responsible central or field officer
duly designated by him in writing.
In making such determination, the Head of the Office or his designated officer shall
exercise reasonable diligence to ensure that no exception shall be used or availed of
to deny any request for information or access to public records, or official records if
the denial is intended primarily and purposely to cover up a crime, wrongdoing, graft
or corruption.
SECTION 7. Protection of Privacy. While providing access to information, public
records, and official records, responsible officials shall afford full protection to the right
to privacy of the individual as follows:
(a) Each government office per Section 2 hereof shall ensure that
personal information in its custody or under its control is disclosed or
released only if it is material or relevant to the subject-matter of the
request and its disclosure is permissible under this order or existing
law, rules or regulations;
(b) Each government office must protect personal information in its
custody or control by making reasonable security arrangements
against leaks or premature disclosure of personal information which
unduly exposes the individual whose personal information is
requested, to vilification, harassment or any other wrongful acts.
(c) Any employee, official or director of a government office per Section
2 hereof who has access, authorized or unauthorized, to personal
information in the custody of the office, must not disclose that
information except when authorized under this order or pursuant to
existing laws, rules or regulation.
(c) The procedure for the filing and processing of the request as specified
in the succeeding section 8 of this Order.
(d) The standard forms for the submission of requests and for the proper
acknowledgment of requests;
(e) The process for the disposition of requests;
(f) The procedure for the administrative appeal of any denial for access
to information; and
(g) The schedule of applicable fees.
SECTION 9. Procedure. The following procedure shall govern the filing and
processing of request for access to information:
(a) Any person who requests access to information shall submit a written
request to the government office concerned. The request shall state the name and
contact information of the requesting party, provide valid proof of his identification or
authorization, reasonably describe the information requested, and the reason for, or
purpose of, the request for information: Provided, that no request shall be denied or
refused acceptance unless the reason for the request is contrary to law, existing rules
and regulations or it is one of the exceptions contained in the inventory or updated
inventory of exception as hereinabove provided.
(b) The public official receiving the request shall provide reasonable
assistance, free of charge, to enable, to enable all requesting parties and particularly
those with special needs, to comply with the request requirements under this Section.
(c) The request shall be stamped by the government office, indicating the
date and time of receipt and the name, rank, title and position of the receiving public
officer or employee with the corresponding signature, and a copy thereof furnished to
the requesting party. Each government office shall establish a system to trace the
status of all requests for information received by it.
(d) The government office shall respond to a request fully compliant with
requirements of sub-section (a) hereof as soon as practicable but not exceeding fifteen
(15) working days from the receipt thereof. The response mentioned above refers to
the decision of the agency or office concerned to grant or deny access to the
information requested. response mentioned above refers to the decision of the agency
or office concerned to grant or deny access to the information requested.
(e) The period to respond may be extended whenever the information
requested requires extensive search of the government office’s records facilities,
examination of voluminous records, the occurrence of fortuitous cases or other
analogous cases. The government office shall notify the person making the request of
the extension, setting forth the reasons for such extension. In no case shall the
extension go beyond twenty (20) working days unless exceptional circumstances
warrant a longer period.
(f) Once a decision is made to grant the request, the person making
the request shall be notified of such decision and directed to pay any applicable fees.
SECTION 10. Fees. Government offices shall not charge any fee for accepting
requests for access to information. They may, however, charge a reasonable fee to
reimburse necessary costs, including actual costs of reproduction and copying of the
information required, subject to existing rules and regulations. In no case shall the
applicable fees be so onerous as to defeat the purpose of this Order.
SECTION 11. Identical or Substantially Similar Requests. The government office shall
not be required to act upon an unreasonable subsequent identical or substantially
similar request from the same requesting party whose request from the same
requesting party whose request has already been previously granted or denied by the
same government office.
SECTION 12. Notice of Denial. If the government office decides to deny the request,
in whole or in part, it shall as soon as practicable, in any case within fifteen (15) working
days from the receipt of the request, notify the requesting party the denial in writing.
The notice shall clearly set forth the ground or grounds 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 period herein stipulated shall be deemed a
denial of the request for access to information.
SECTION 13. Remedies in Cases of Denial of Request for Access to Information.
(a) Denial of any request for access to information may be appealed to the
person or office next higher in the authority, following the procedure
mentioned in Section 7 (f) of this Order: Provided, that the written appeal
must be filed by the same person making the request within fifteen (15)
working days from the notice of denial or from the lapse of the relevant period
to respond to the request.
(b) The appeal be decided by the person or office next higher in authority
within thirty (30) working days from the filing of said written appeal. Failure
of such person or office to decide within the afore-stated period shall be
deemed a denial of the appeal within thirty (30) working days from the
filing of said written appeal. Failure of such person or office to decide within
the afore-stated period shall be deemed a denial of the appeal.
(c) Upon exhaustion of administrative appeal remedies, the requesting part
may file the appropriate case in the proper courts in accordance with the
Rules of Court.
SECTION 14. Keeping of Records. Subject to existing laws, rules, and regulations,
government offices shall create and/or maintain accurate and reasonably complete
records of important information in appropriate formats, and implement a records
management system that facilitates easy identification, retrieval and communication
of information to the public.
SECTION 15. Administrative Liability. Failure to comply with the provisions of this
Order may be a ground for administrative and disciplinary sanctions against any erring
public officer or employee as provided under existing laws or regulations.
SECTION 16. Implementing Details. All government offices in the Executive Branch
are directed to formulate their respective implementing details taking into
consideration their mandates and the nature of information in their custody or control,
within one hundred twenty (120) days from the effectivity of this Order.
SECTION 17. Separability Clause. If any section or part of this Order is held
unconstitutional or invalid, the other sections or provisions not otherwise affected shall
remain in full force or effect.
SECTION 18. Repealing Clause. All orders, rules and regulations issuances or any
part thereof inconsistent with the provisions of this Executive Order are hereby
repealed, amended or modified accordingly: Provided, that the provisions of
Memorandum Circular No. 78 (s. 1964), as amended, shall not be deemed repealed
pending further review.
SECTION 19. Effectivity. This Order shall take effect immediately upon publication in
a newspaper of general circulation.
DONE, in the City of Manila, this 23rd day of July in the year of our Lord two thousand
and sixteen.
By the President:
(Sgd.) SALVADOR C. MEDIALDEA
Executive Secretary
ANNEX “B”
FREEDOM OF INFORMATION RECEIVING OFFICERS (FROs) IN
PDEA NATIONAL AND REGIONAL OFFICES
25. GRACEL D. LANO Sta. Isabel, Calapan City 5200, (043) 288-7110;
Oriental Mindoro 0917-706-0655;
0950-266-8978
26. JEAMARY A. REGIONAL OFFICE V [email protected]
BUENDIA
ANNEX “E”
FREQUENTLY ASKED QUESTIONS
INTRODUCTION TO FOI
1. What is FOI?
Freedom of Information (FOI) is the government’s response to the call for transparency
and full public disclosure of information. FOI is a government mechanism which allows
Filipino citizens to request any information about the government transactions and
operations, provided that it shall not put into jeopardy privacy and matters of national
security.
The FOI mechanism for the Executive Branch is enabled via Executive Order No. 2
series of 2016.
Executive Order No. 2 is enabling order for FOI. EO 2 operationalizes in the Executive
Branch the People’s Constitutional right to information. EO 2 also provides the State
Policies to full public disclosure and transparency in the public service.
MAKING A REQUEST
Any Filipino citizen can make an FOI request. As a matter of policy requesting parties
are required to present proof of identification.
An FOI request under EO 2 can be made before all government offices under the
Executive Branch, including Government Owned or Controlled Corporations
(GOCCs).
7.1 The requesting party is to fill up a request form and submits to the
Agency’s Receiving Officer. The Receiving Officer shall validate the
request and logs it accordingly on the FOI tracker.
7.2 If deemed necessary, the Receiving Officer may clarify the request on
the same day it was filed, such as specifying the information requested,
and providing other assistance needed by the requesting party.
7.4 The request shall be forwarded to the officials involved to locate the
requested information.
7.5 Once all relevant information is retrieved, officials will check if any
exemptions apply, and will recommend appropriate response to the
request.
7.7 The Agency shall prepare the information for release, based on the
desired format of the requesting party. It shall be sent to the requesting
party depending on the receipt preference.
There is no fee to make a request. But the Agency may charge a reasonable fee for
necessary costs, including costs of printing, reproduction and/or photocopying.
If the request is granted, the information requested will be attached, using a format
that you specified. Otherwise, the Agency will explain why the request was denied.
It is mandated that all replies shall be sent fifteen (15) working days after the receipt
of the request. The Agency will be sending a response informing of an extension of
processing period no longer than twenty (20) working days, should need the rise.
If the Agency fails to provide a response within the required fifteen (15) working days,
the requesting party may write an appeal letter to Central Appeals and Review
Committee within fifteen (15) working days from the lapse of required response period.
The appeal shall be decided within thirty (30) working days by the Central Appeals
and Review Committee.
If you are not satisfied with the response, the requesting party may write an appeal
letter to the Central Appeals and Review Committee within fifteen (15) working days
from the lapse of required response period. The appeal shall be decided within thirty
(30) working days by the Central Appeals and Review Committee.
ANNEX “F”
LIST OF EXCEPTIONS
The following are the exceptions to the right of access to information, as
recognized by the Constitution, existing laws, or jurisprudence:
PRIMARY MEMBERS:
MS. JERISHRIA B. COLONIA (ODG-IAD)
IO II REALYN P. PINPIN (ODG-IAD)
MS. EVANGELINE DJ ALMENARIO (ODG)
MR. GLENN J. MALAPAD (ODG-PIO)
ATTY. BENJAMIN C. GASPI (POS)
ATTY. FRANCIS S. DEL VALLE (LPS)
IA V JOSHUA V. ARQUERO (IS)
IO II ERIC M. RECOMENDABLE (InS)
MS. WILMA D. MADAMBA (FMS)
MR. ARISTOTLE D. BERNAL (CS)
MS. CRISTEL D. DUCUSIN (LAMS)
ATTY. ELREEN PEARL AGUSTIN (IAS)
MR. ARVIN GAYE S. TARGA (PECIS)
MR. ALFRED R. MARTINEZ (ICFAS)
MS. VIVIANE FE C. REFORMADO (HRMS)
MS. MARJORIE D. INOJALES (LS)
ALTERNATE MEMBERS:
IO I NICOLE P. DE CASTRO (ODG)
MS. ANN SHERYL B. PINEDA (ODG-PIO)
MS. DIVINA GRACIA G. LEYRAN (POS)
ATTY. LEA GAY M. JOSEF (LPS)
IA III WINIFREDO D. ALAGABIA JR. (IS)
IO I DANICA H. LABUGUEN (InS)
MR. ALVIN R. YAPTANGCO (FMS)
MS. LESLIE LAUREN L. YAP (CS)
IO I JENNY ROSE DIANNE E. ENECITO (LAMS)
MR. CHRISTIAN REY LUGTU (IAS)
MS. ALBBIE B. PANOY (PECIS)
IO II LEIZEL M. CANSOL (ICFAS)
MS. ANNA LIZA T. MAGBITANG (HRMS)
MS. JANE AMOR C. CASITAS (LS)
SECRETARIAT:
MARLA BRIGITTE M. GALVAN (Head) (ODG-IAD)
JERISHRIA B. COLONIA (ODG-IAD)
ARRIANA JEAN B. YAPTANGCO-DELA PEÑA (HRMS)
ZACH ADRIELLE N. JAMANDRI (ODG-IAD)
MA. THERESA B. ADONA (ODG-IAD)