V.MANUEL
May 6, 2017, 10:08 a.m.
Under EO 2, FOI Law kindly furnish me a copy of following:
1) Citra and PNCC supplemented their BJVA on 9 January 2012 on implementation of Stage 3 of MMS
2) November 12, 2012 Restated Second Supplement to BJVA, the parties formed Citra Central Expressway Corporation (CCEC) as their vehicle to implement Stage 3
3) September 26, 2013, former President Benigno Aquino III approved separate Supplemental Toll Operating Agreement (STOA) governing the design, construction, operation and maintenance of the MMS-Stage 3 Project.
V.MANUEL
June 12, 2017, 7:30 a.m.
June 13, 2017
SECRETARY ARTHUR P. TUGADE
Department of Transportation
Chairman of the Board, TRB
17th Floor, Columbia Towers,
Brgy. Wack-Wack,
Ortigas Avenue, Mandaluyong City
Attention : ENGR. ABRAHAM P. SALES
Executive Director, TRB
Dear Secretary Art Tugade,
I sent you a letter dated May 6, 2017 through the FOI website and I have not yet received any reply. I have a contract with Citra Metro Manila Tollways Corporation (CMMTC) and with my company Inter Structures Systems Inc. (ISSI), in the project design contract of Stage 3 Metro Manila Skyway Project and they haven't complied with the contract. I need these documents because apparently they changed the name to Citra Central Expressway Corporation (CCEC) in violation of existing laws.
Under the Philippine Constitution “ Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”
While under Executive Order # 2 or Freedom of Information Law “ Access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data uses as basis for policy development.”
I am therefore within my rights to demand the following documents in accordance with the Constitution and EO 2 or Freedom of Information Law:
1) Citra and PNCC supplemented their BJVA on 9 January 2012 on implementation of Stage 3 of MMS from Buendia in Makati to Balintawak Edsa Quezon City interchange.
2) November 12, 2012 Restated Second Supplement to BJVA, the parties formed Citra Central Expressway Corporation (CCEC) as their vehicle to implement MMS Stage 3.
3) September 26, 2013, former President Benigno Aquino III approved separate Supplemental Toll Operating Agreement (STOA) governing the design, construction, operation and maintenance of the MMS-Stage 3 Project.
President Duterte in every speech he delivers, he always emphasize that officials of the Executive Department should give all the documents to Filipino citizens who are requesting from you such documents and you are given 15 days to comply. We know fully well that such documents to be given to private citizens should not endanger national security and not against public interest. The documents I am asking do not involve any of the two conditions.
In all my contracts with the government for the last 30 years it always includes the confidentiality clause. EO 2 or FOI completely disregarded this confidential condition.
With my best regards.
Very truly yours,
Victor Manuel
SBC, LLB 1970
D.DOTR
Feb. 5, 2018, 12:51 p.m.
February 5, 2018
Dear Victor Manuel,
Greetings!
Thank you for your request dated May 06, 2017 10:08:37 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You asked for STOA Dated 09-26-2013 violative of RA 9184 Requesting Bid Documents.
We are informed by the Toll Regulatory Board that several meetings had been already conducted to resolve the issue. We are now closing this request.
Thank you.
Respectfully,
DOTR-DM DOTR
FOI Receiving Officer