Department of Transportation(DOTr)

Hi, would like to request information through a certified copy of BRTS.

1. If the foundation will not lessen EDSA lanes;
2. if will not affect present public transport system and private commuters;
3. if will not curtail social justice of free movement and purchase of vehicles;
4. if will be advantageous or disadvantageous to the Government
before any implementation.

Dear Mr. Magisan,

This is in reference to your FOI Request on the Foundation Plan of the Bus Transit System.

Unfortunately, after careful consideration by the DOTr's Legal Department, your request was DENIED.

According to the Legal Department:

"It bears to note that the purpose of his inquiry, while not per se contrary to law and existing rules and regulations, lacks specificity and clarity, and is speculative and conjectural, which the Department may not be able to answer with sufficient definiteness.

Anent the information requested, which is Feasibility Study of the proposed BRT System, this Office finds that such information is covered by the exempted documents under Section 4 of EO No. 2, Series of 2016, the inventory listed by the Office of the President, and jurisprudence.

Moreover, feasibility studies are conducted in project planning stages, which means that they may or may not be adopted or acted upon by the Department. Thus, the public disclosure thereof is premature and unwarranted. Furthermore, such premature disclosure may infringe on intellectual property rights of the authors of the study.

In Chavez v. Presidential Commission on Good Governance (G.R. No. 130716, 09 December 1998), the Supreme Court enumerates trade secrets and other confidential information as well-recognized restrictions to the right of the people to information on matters of public concerns.

...A trade secret is defined as a plan or process, tool, mechanism, or compound known only to its owner and those of his employees to whom it is necessary to confide it. It may consist of any formula, pattern, device, or compilation of information that: (1) is used in one's business; and (2) gives the employer an opportunity to obtain an advantage over competitors who do not possess the information.

...A feasibility study includes research data, structural plans, industrial designs, compilation of information which gives its authors or the Government the opportunity to obtain an advantage over competitors who do not possess the information. Thus, the requested information falls under  the category of trade secrets which falls beyond the ambit of compulsory disclosure.

It bears to note that feasibility studies undertaken, submitted, solicited, granted or awarded to the Department may even be covered by non-disclosure and/or confidentiality agreements. Thus, releasing the requested information may cause the Government breach of its confidentiality obligations.

In view of the foregoing, this Office recommends the denial of Mr. Magisan's request." 

However, we wish to share with you a project brief of the project to answer some of the points you raised. Please find attached document.

Thank you.

Respectfully yours,
DOTr FOI Team