Department of Transportation(DOTr)

Good evening sir/ma'am. I would like to request for information regarding:
 
1.) the masterplan and feasibility study of the SWITex (SouthWest Integrated Terminal exchange) and Taguig ITX (Integrated Terminal eXchange)

2.) total number of bus, jeepney, taxi, uv express operators and its units in Metro Manila as of 2018

For the SWITEX, now known as Parañaque Integrated Terminal Exchange, is a PPP project. Any document pertaining to the said project should seek first permission to access from the winning private proponent, which is the MWM Terminals (a consortium of Megawide Construction Corp. and WM Property Management INc.).

For the Taguig ITX, the project has not yet been procured/awarded.

Please also take note of the opinion from our legal department regarding sharing of document.

"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.”

Pursuant to Section 3 (d), Rule IV of the Rules Implementing Republic Act No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees,” every department, office of agency shall provide official information, records or documents to any requesting public, except if:
-xxx- “Such information, record or document sought falls within the concepts of established privilege or recognized exceptions as may be provided by law or settled policy or jurisprudence; and Such information, record or document comprises drafts of decisions, orders, rulings, policy and decisions memoranda, etc.” –xxx-

Relatively, it appears that the subject, which are still under evaluation by other Government agencies, partake the nature of an information or document comprising drafts of decisions, orders, rulings, policy and decisions memoranda that are addressed to the Government Officials concerned who are yet to finalize its recommendation and decision whether to approve or disapprove the  projects. Hence, pending the decision or resolution of these Government agencies on the approval or disapproval of the projects, the same cannot yet be disclosed or disseminated to the public."

For the item #2, PUV franchising is under the jurisdiction of the attached agency of DOTr, which is the Land Transportation Franchising and Regulatory Board (LTFRB). Kindly lodge your request to its eFOI portal.

Thank you.

DOTr-DM