Public-Private Partnership Center(PPPC)

We are the Malay Municipal Government Employees Association (MMGEA), the sole registered Public Sector Union (PSU) in the Local Government Unit of Malay, Province of Aklan.

Even as a PSU, we have been engaging into business and livelihood for our members as expressly provided in the MMGEA's Constitution and By-Laws.

Anent to this, we would like to seek guidance into the propriety of putting up a gasoline station located inside the LGU's property for the purpose of supplying the fuel needs of the LGU-Malay in relation to PPP laws, policies and regulations.

February 5, 2021

Dear Marlo,

Thank you for your request dated Feb 04, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for PPP Laws, Policies, Rules and Regulations.

We received your request on Feb 04, 2021 and will respond on or before Feb 25, 2021 10:28:58 AM, 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://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEVBQUEMtMjg0MzQxMDU0NDI2DA, for request with ticket number #PPPC-284341054426.

Thank you.

Respectfully,

Records Manager
FOI Officer

February 16, 2021

MARLO LOZADA
Poblacion, Malay, Aklan
By Email: [email protected]


Dear Mr. Lozada,

Greetings!

Thank you for your request dated February 5, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request
Your inquiry is copied below:
“We are the Malay Municipal Government Employees Association (MMGEA), the sole registered Public Sector Union (PSU) in the Local Government Unit of Malay, Province of Aklan. Even as a PSU, we have been engaging into business and livelihood for our members as expressly provided in the MMGEA’s Constitution and By-Laws. Anent to this, we would like to seek guidance into the propriety of putting up a gasoline station located inside the LGU’s property for the purpose of supplying the fuel needs of the LGUMalay in relation to PPP laws, policies and regulations.”

Response to your request
While our aim is to provide information whenever possible, your query does not fall under the definition of “Information” under Executive Order No. 02, (S. 2016), Operationalizing in the Executive Branch of the People’s Constitutional Right to Information and the State Policies to Full Public Disclosure and Transparency in the Public Service and Providing Guidelines 

Therefore., which pertains to:
“Information” shall mean any records, documents, papers, reports, letters,
contracts, minutes and transcripts of official meetings, maps, books,
photographs, data, research materials, films, sound and video recording,
magnetic or other tapes, electronic data, computer stored data, any other like
or similar data or materials recorded, stored or archived in whatever format,
whether offline or online, which are made, received, or kept in or under the
control and custody of any government office pursuant to law, executive order, 
and rules and regulations or in connection with the performance or transaction
of official business by any government office.1

Further, this Office does not have the relevant information necessary with regards to MMGEA’s Constitution and By-laws and the project structure of the proposal to provide an adequate response.

Nevertheless, we refer you to Malay, Aklan’s Municipal Ordinance No. 295 series of 2011 or “An Ordinance Adopting Guidelines and Procedures for Entering into Public-Private Partnership Agreements with the Municipality of Malay” which may serve as your guide for drafting the legal, technical and financial requirements of the private sector participants.


Your right to request review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to the Office of the Executive Director. Your review request should explain why you are dissatisfied with this response, and should be made within 15 working days from the date you received this letter. We will complete the review and tell you the result within 30 working days from the date we receive your review request. If you are not satisfied with result of the review, you then have the right to appeal to the Office of the Secretary of the National Economic and Development Authority and thereafter, to the Office of the President pursuant to Administrative Order No. 22 (s. 2011).

Thank you.


Respectfully,
ELEAZAR E. RICOTE
FOI Decision Maker