Department of Justice(DOJ)

Hi

I would like to request for a copy of this document: Motion to Dismiss with Prejudice. NPS NV-05-INV-14J-3865 for Estafa under Art. 315 (1)(b) of the Revise Penal Code

September 14, 2020

Dear Mariano lll,

Thank you for your request dated Sep 09, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Motion to Dismiss with Prejudice.

We received your request on Sep 09, 2020 and will respond on or before Sep 30, 2020 04:59:36 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster08222018120000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi02MDA2NjI2NzQwMjAM, for request with ticket number #DOJ-600662674020.

Thank you.

Respectfully,

Irene Dulin
FOI Officer

08 March 2021

Dear Mariano Lim III,

Greetings!

With regret, we cannot act favorably on your request for a copy of the Motion to Dismiss with Prejudice on the Estafa case docketed as NPS No. NV-05-INV-14J-3865. This Department is constrained to deny your request for said information on the ground that it falls under one of the exceptions from the coverage of the law in relation to the inventory of exceptions, as circularized in the Memorandum from the Executive Secretary, dated 24 November 2016. Specifically, the information requested falls under item no. 9 therein, in relation to Section 3(l)(2), R.A. No. 10173.

Pursuant to the People’s Freedom of Information (FOI) Manual of this Department, a denial may be administratively appealed, in writing, to this Department’s Central FOI Committee within fifteen (15) calendar days, either from notice of denial, or from the lapse of the period to respond to the instant request. The appeal shall be decided by the Secretary of Justice, within thirty (30) calendar days from filing of said appeal, based on the recommendations of the above-said Committee. Note that the lapse of the thirty-day period without any decision having been rendered shall be deemed denial of the appeal.

If the decision on the appeal is unfavorable to the requester, or that the appeal was not acted upon within the thirty-day period, the requester may lodge an administrative appeal before the Office of the President pursuant to Administrative Order No. 22, s. 2011.

Upon exhaustion of administrative remedies, judicial action may be resorted by the requester in accordance with the Rules of Court.

Thank you.

GEORGE O. ORTHA II
Chief State Counsel 
FOI Decision Maker