Office of the Solicitor General(OSG)

This is to inquire whether it is only the Office of the Solicitor General ("OSG") that can assail a Declaration of Presumptive Death by the Regional Trial Court through a petition for certiorari in the Court of Appeals.  Or can the absent spouse still assail through certiorari the declaration despite having attained finality already for years due to no action on the part of the OSG?

We have received your request and we are processing the same. Please wait for the Official reply. Thank you.

March 1, 2023

Dear Neil Andrew Yanson,

Greetings!

Thank you for your request dated Jan 20, 2023 03:30:52 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Exclusive authority of the OSG to appeal declaration of presumptive death.

Response to your request

While our aim is to provide information whenever possible, in this instance, it is our view that your request is not within the ambit of Executive Order (EO) No. 2, s. 2016, link: https://www.foi.gov.ph/downloads/EO-2-s-2016-signed-copy.pdf,  since the request does not involve the release of any information or document  which is under the custody of the OSG.

Section 1 of EO No. 2 defines information, official record/s and public record/s as:

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 stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.
(b) “Official record/records” 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.
(c) “Public record/records” shall include information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.

Based on the foregoing definitions, it is evident that the said request does not involve the disclosure of any information, official or public record/s but perhaps a request for an OSG legal opinion on the matter; this, however, is not within the umbrella of EO 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 Office of the Solicitor General, 134 Amorsolo St., Legazpi Village, Makati City. 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,
EDSEL A. CAMAZO
FOI Officer