Philippine National Oil Company(PNOC)

March 29, 2022 Dear Jethro El, Thank you for your request dated Mar 29, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Draft Revised TOR for the Hiring of the Advisor for the SPRP's Feasibility Study. We received your request on Mar 29, 2022 and will respond on or before Apr 19, 2022 08:35:13 AM, 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/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEVBOT0MtMjcxODU0ODYyMzIwDA, for request with ticket number #PNOC-271854862320. Thank you. Respectfully, Mary Arlyn Avenido FOI Officer

April 18, 2022 Dear Jethro El Camara, Thank you for your request dated March 29, 2022 08:35 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your request: I would like to request for the draft revised Terms of Reference (TOR) for the Hiring of the Transaction Advisor for the Strategic Petroleum Reserve Plan's Feasibility. In my communication with the OSVP-Energy Investments office, they stated that a draft TOR was submitted to the Department of Energy, which has yet to provide its comments. May I request for the draft, if possible? Our response: On Terms of Reference for the Engagement of Transaction Advisor (TA) for the Strategic Petroleum Reserve (SPR) Program, Section 1.9 of the 2016 Revised IRR of 9184 provides, "Section 29. Access to Information. In all stages of the preparation of the Bidding Documents, the Procuring Entity shall ensure equal access to information. Prior to their official release to prospective bidders, no aspect or part of the Bidding Documents shall be divulged or released to any prospective bidder or person having direct or indirect interest in the project to be procured, or to any party, except those officially authorized in the handling of the documents. " (Emphasis supplied) Thus, for the TOR, the same cannot be given because as stated by the aforementioned provision, no aspect or part of the Bidding Documents shall be given to any prospective bidder or any person having interest to the transaction or project, whether it be direct or indirectly, or to any party, except those authorized under the law. 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 Mr. Jesus Cristino P. Posadas, President and CEO, through postal address: Philippine National Oil Company, Building 6, Energy Center, Rizal Drive, Bonifacio Global City, Taguig 1634, Metro Manila, Philippines or contact PNOC through telephone number: (+63 2) 87897662. Your review request should explain why you are dissatisfied with this response, and should be made within 15 working days from the date when you received this letter. We will complete the review and tell you the result, within 30 working 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. Ms. Maria Belinda L. Cubelo FOI Decision Maker