Department of Transportation(DOTr)

Hi! Good Day! 

We would like to request a copy of the Feasibility Study of the PNR South Long-Haul Project, which has been listed by NEDA’s latest updates on the Duterte administration’s infrastructure flagship projects, as having been completed as of 13 June 2018.

The studies obtained will be used for a policy research paper regarding a Proposed Railway station in Batangas City.

We hope for your good office’s kind consideration in this matter.Thank you so much po.

It is of the view that our legal department that your request cannot be given as it is subject to certain limitations and restrictions as provided by law.

It should be noted that the Freedom of Information principle under Executive Order No. 2 dated 23 July 2016 (An Order Operationalizing 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) is not absolute since there are information and documents that the Government may still withhold from the public or any requesting person.

Accordingly, in the case of Chavez vs. Presidential Commission on Good Government, the Supreme Court clearly emphasized that aside from national security matters, intelligence information, bank transactions (pursuant to Secrecy of Bank Deposit Act), trade or industrial secrets (pursuant to Intellectual Property Code and other related laws) are also exempt from compulsory disclosure. Trade Secrets may not be the subject of compulsory disclosure. By reason of their confidential and privileged character, if disclosed, would eventually exposed to unwarranted business competition with others who may imitate and market the same kind of products or industry in violation of proprietary rights.

Relatively, in accordance with Memorandum dated 24 November 2016 (Inventory of Exceptions to Executive No. 2, Series of 2016 or the Freedom of Information Order) of Executive Secretary Salvador C. Medialdea, trade secrets, intellectual property, business, commercial, financial and other proprietary information are one of the exceptions to the public’s Right of Access to Information.

This Office opines that the same contains trade and industrial secrets as well as non-disclosure provisions affecting the Intellectual Property Rights of certain individuals, consulting firms and institutions that conducted the plans, designs and surveys for the said projects. As such, those persons or entities possessed certain proprietary and economic rights on the “Feasibility Studies and other related documents” considering that its plans, designs and surveys thereof are not known to the general public and are peculiar to them.

For this reason, the DOTr, being the recipient of the these documents has the right to safeguard its trade or industrial secrets against competitors of said individuals, consulting firms and institutions as well as the public. Otherwise, such information, if disclosed or disseminated can be illegally and unfairly utilized by other business competitors who, through their access to those business secrets, may use the same for their own private gain and to the irreparable prejudice of the owner of the said “documents.”