8 November 2021
Ms. Ma. Lourdes C. Polido
Unit 1501, Tower 1, Avida 9th
9th Avenue corner 40th Street
Bonifacio Global City, Taguig City
Dear Ms. Polido,
This has reference to your request dated 19 October 2021 and received by the Philippine Competition Commission (“PCC”) on the same date, and clarified on 22 October 2021, denominated as a Freedom of Information (“FOI”) Request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
In your request, you sought for copies of the Statements of Objections (“SOs”) issued by the Competition Enforcement Office (“CEO”) on decided cases within the last five (5) years; or, alternatively, a list of investigations opened by the PCC during the same period.
Response to Your Request
1. A copy of SOs issued by the CEO on decided cases within the last five (5) years
Your request for information is DENIED.
Pursuant to the Memorandum from the Executive Secretary dated 24 November 2016, providing for the Inventory of Exceptions to Executive Order No. 2, series of 2016 (“Inventory of Exceptions”), one of the exceptions to the right of access to information include, to wit:
Information, documents or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, boards, or officers, in relation to the performance of their functions, or to inquiries or investigations conducted by them in the exercise of their administrative, regulatory or quasi-judicial powers, such as but not limited to the following:
X X X
e. Confidential information submitted to the Philippine Competition Commission prohibited from disclosure by law,
including the identity of the person who provided the information under condition of anonymity;1
X X X.
The document you have requested from the PCC contains confidential business information that is prohibited from disclosure under Republic Act No. 10667, otherwise known as the Philippine Competition Act.
2. A list of investigations opened by the PCC within the last five (5) years
Your request is APPROVED.
Please refer to the attached document for a partial list of Full Administrative Investigations (“FAIs”), which are likewise posted in the PCC website (attached as Annex “A”). In the alternative, a copy of the requested information is posted in the PCC’s website in the following link: Full Administrative Investigations.
Furthermore, under item 3(a)(i) and (ii) of the Inventory of Exceptions, investigation records or the information written in such records do not fall within the scope of the FOI, if the production of such records would interfere with the enforcement proceedings, and/or deprive a person of a right to fair trial or an impartial adjudication.
Please note that ongoing investigations are not included in the attached list since disclosure of certain information may compromise or adversely affect pending investigations or proceedings. Thus, we advise you to refer to the Notices of FAI posted and regularly updated on the PCC website.
For further assistance you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.
Thank you.
Respectfully,
Atty. Ramon Jeriel S. Sawit
FOI Decision Maker
