Published by Komisyon sa Wikang Filipino(KWF) on Nov. 12, 2018.
Requested from KWF by B. Mendillo at 08:47 PM on
Nov. 12, 2018.
Purpose: Research
Date of Coverage: 09/06/2014 - 09/06/2014
Tracking no: #KWF-662197909283
B.MENDILLO
Nov. 12, 2018, 8:47 p.m.
By virtue of FOI, kindly furnish me a Certified true copy of the signed contract (Kontrata ng Paglilingkod/ Contract of Service) and other related documents from the letter dtd 1 Sept 2014 (Conforme letter and subsequent contracts duly signed by Virgilio Almario as Chairman of KWF contracting Ani Rosa Almario-David ) for appropriate action in relation to RA 6713.
G.GRANADA
Dec. 18, 2018, 2:12 p.m.
December 18, 2018
Dear Benjamin M. Mendillo Jr,
Thank you for your request dated Nov 12, 2018 08:47:30 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Contract of Service signed by Virgilio Almario contracting Ani Rosa Almario David.
We received your request on Nov 12, 2018 08:47:30 PM and will respond on or before Dec 03, 2018 08:47:30 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEEtXRi02NjIxOTc5MDkyODMM, for request with ticket number #KWF-662197909283.
Thank you.
Respectfully,
Gregory Miles Granada
FOI Officer
Magalang na hinihiling na mabigyan ninyo ng linaw ang inyong dahilan kung bakit ninyo hinihingi ang mga nasabing dokumento; hinihiling na maipaliwanag ninyo ang binanggit ninyong “for appropriate action in relation to RA 6713.”
Maraming salamat po.
B.MENDILLO
Jan. 10, 2019, 11:44 p.m.
The contract being requested is a public contract, duly paid by the head of the Office, hence, the money paid came from the taxpayers tax, thus, cannot be withold—the contract made is public and the service rendered was also done in public hence does not prejudice any data privacy act. The contract itself signed by the father who is the head of the agency manifests patent illigal acts punishable under— [REPUBLIC ACT NO. 6713]
AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES
(i) "Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty.
(j) "Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relatives as defined in this Act.
(k) "Relatives" refers to any and all persons related to a public official or employee within the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.
Section 4. Norms of Conduct of Public Officials and Employees. — (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:
(a) Financial and material interest. — Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office.
(b) Outside employment and other activities related thereto. — Public officials and employees during their incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law;
(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or
(3) Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.
(c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department.
Section 11. Penalties. — (a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office.
(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.
(c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them.
(d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000.00). If another sanction hereunder or under any other law is heavier, the latter shall apply.
With the foregoing and in the name of public accountability and transparency, issue the said documents in certified true copies.
D.RODRIGUEZ
Dec. 19, 2020, 7:33 a.m.
Dec 18, 2020
Dear Benjamin M. Mendillo Jr,
I refer to my letter of Jan 10, 2019 about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Contract of Service signed by Virgilio Almario contracting Ani Rosa Almario David. In particular, I had requested specific information for you to clarify upon in order for us to proceed with the request.
As we have not received a reply within the 60-day working period since the letter requesting for clarification was sent out, we regret to inform you that this request will be closed as of Apr 04, 2019.
You may wish to submit a new request describing the specific information you are looking for, and we will be able to consider it under the guidelines as stated in Executive Order No. 2.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to or visiting our central office. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
Director General Anna Katarina
FOI Officer
Is this request offensive?
Requests for personal information and vexatious requests are not considered valid requests for Official Information.
If you believe this request is not suitable, you can report it for attention by the site administrators.