Department of Transportation(DOTr)

Good day! I am Sheena Bautista, a student from Technological Institute of the Philippines- Quezon City. I would like to request the most recent data on the following for my thesis project: 

•   Status update and details of the proposal submitted by the San Miguel Corp. (SMC) to build a Bus and Food Terminal at the former Pandacan Oil Depot site.

Hoping for your urgent response on this request. Thank you very much!

August 28, 2019

Dear Sheena Bautista,

I refer to my letter of Aug 27, 2019 05:02:49 PM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Status Update of the Bus Terminal in the Old Pandacan Oil Depot site.

Per memorandum released by our Legal Affairs Office last 24 August 2018, any person who request information or documents in DOTr via the eFOI portal should "reasonably describe the information requested, and the reason for, or purpose of, the request for information." This also in accordance to E.O No. 2, s. 2016.

In order for us to work further on your request, we need more information from you regarding your query. Please state from what school you are, what is the purpose of the request, and to what extent you will use the information that you are requesting.

During the period of us awaiting your reply, your request will be put on hold. If we do not receive a reply on or before Nov 20, 2019 06:09:45 AM, your request will be closed.

We hope to hear from you at the soonest possible time.

Thank you.

Respectfully,

DOTR-DM DOTR
FOI Officer

Good day!  I am a 5th year student from Technological Institute of the Philippines, Quezon City and currently enrolled  in Architectural Design 9.  Regarding the request from your office, the data needed will be use for academic purposes only.  I have the architectural thesis entitled The Greenway Shopping Mall: Redevelopment of Urban Brownfield through Regenerative Architecture that I am currently working on. This thesis proposal will also be located at the Old Pandacan Oil Depot. The needed data of the status of the Bus terminal will have a great help and will serve as a supporting data to my Shopping mall thesis proposal. The Bus terminal proposal by the San Miguel Corp. will support my thesis proposal for the feasibility of having a shopping mall in the area. 

I hope I can get the requested data from your office. Looking forward to your favorable consideration of my request. Thank you.

Good day! This is to follow up my request regarding the above mentioned document. To date, my request is still marked as "awaiting clarification".

I hope you would consider my request the soonest possible time because my research study is also time bounded. 

Thank you so much.

September 3, 2019

Dear Sheena Bautista,

Thank you for your response with regard to my letter regarding clarifying your request on Status Update of the Bus Terminal in the Old Pandacan Oil Depot site, dated Aug 28, 2019 02:13 PM.

We have now continued processing your request. Kindly give us until Sep 17, 2019 05:02 PM to respond regarding our findings.

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/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPVHItNzM0NTA3NTY2ODU1DA, for request with ticket number #DOTr-734507566855.

Thank you.

Respectfully,

DOTR-DM DOTR
FOI Officer

Per our Planning Office, we cannot give you the requested information as the project is an unsolicited proposal from the San Miguel Corporation (SMC). The information are confidential, and cannot be disclosed without the approval of the proponent, which in this case is the SMC.

Also, please see below the opinion of our Legal Department regarding request of information.

"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."

Thank you.