Department of Transportation(DOTr)

March 29, 2022 Dear Mark John Paul de Guzman, I refer to my letter of Mar 28, 2022 01:08:42 PM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Feasibility Study on NSCR Clark Phase 1 (Malolos- Tutuban). In order for us to work further on your request, we need more information from you regarding your query. Please state the purpose of your request and to what extent the data you request. You may use the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPVHItMTM4NDgxOTcwMTcyDA, for request with ticket number #DOTr-138481970172, to respond. During the period of us awaiting your reply, your request will be put on hold. If we do not receive a reply on or before Jun 21, 2022 06:53:06 AM, your request will be closed. We hope to hear from you at the soonest possible time. Thank you. Respectfully, Kriscia Mallari FOI Officer

June 7, 2022 Dear Mark John Paul de Guzman, Greetings! Thank you for your request dated Mar 28, 2022 01:08:42 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You asked for Feasibility Study on NSCR Clark Phase 1 (Malolos- Tutuban). Response to Request Your FOI request is approved. I enclose a copy of some of the information you requested. For item number 1, kindly refer to the link below below for the copy of the TOD study by JICA as requested: https://openjicareport.jica.go.jp/pdf/12236790_01.pdf As for the copy of the NSCR FS, pursuant to the State policy of full public disclosure, subject to reasonable conditions prescribed by law and the Constitutional right of people to information on matters of public concern, Executive Order No. 2 (s. 2016) was issued ordering the access of every Filipino to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development. The right to access to information is however limited and shall be denied when the information falls under any exceptions enshrined in the Constitution, existing law or jurisprudence. Relative thereto, an Inventory of Exceptions was issued by the Office the President for the guidance of all government offices and instrumentalities covered by EO No. 2 and the general public. The list is without prejudice to existing laws, jurisprudence, rules or regulations authorizing the disclosure of the excepted information upon satisfaction of certain cases. After a judicious review of relevant laws, rules, orders and regulations, we submit the following comments and observations on the instant request: I. NSCR Feasibility Study A feasibility study written by this Department should not be freely disseminated. Although it is a work of the government and hence not covered by copyright, it does not follow that the document can be made publicly available without restrictions. The study likely includes recommendations, advisory opinions, and investigation reports, all of which contributed to a decision on the workability of the project. The study is thus exempt from disclosure because it contains matters covered by deliberative process privilege. For similar reasons, a feasibility study commissioned to external consultants should not be given to the requestor. Pertinently, they hold copyright over the work, and as such, the study would not be for this Department to distribute. A sample feasibility study checklist reveals more specific types of information that are properly exempted from FOI requests, i.e., new technology and concepts; technical designs; and business, commercial, and financial information. This Department's FOI People's Manual says that a ground for denial is previous denial issued to the "same Requesting Party." But we note that we already rejected a request for a feasibility, albeit from a different requestor, on very similar grounds as above. Please note that we are only able to provide some of the information you have requested for the abovementioned inventory of exception. 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, Kriscia Mallari FOI Officer