Employees Compensation Commission(ECC)

This is regarding my FOI request with ticket number #ECC-503607523594, which you referred to LRA instead of answering.

The50-hectare property is ECC's. Therefore, ECC must have these documents and should not pass me on to another agency. At the very least, please provide me with the Title Number, Tax Declaration Number and any reference number for the lot plan. 

If there is no Title or Tax Declaration, your response must indicate this clearly. Thank you.

November 9, 2023

Dear Gregory How,

I refer to my letter of Nov 09, 2023 08:30:54 AM about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Title, Lot Plan and/or Technical Description for ECC's Cuyambay, Tanay Property.

In order for us to work further on your request, we need more information from you regarding your query. May we ask for more information from you such as your representation. The ECC Property is a contested area and we are very careful in addressing the issue.  You may directly contact the person in-charge of the property, our Deputy Executive Director Atty. Evelyn Ramos regarding your request at [email protected]. You may use the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEEVDQy0yMTUzMzY0NjQ1NzIM, for request with ticket number #ECC-215336464572, to respond.

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 Feb 01, 2024 05:35:21 AM, your request will be closed.

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

Thank you.

Respectfully,

Jay Galasinao
FOI Officer

Thank you very much for the response. I am a private citizen interested in properties in the area. 

I merely want to see the technical description to see if there is any possible overlap. Since it is a government property, there is nothing controversial or irregular in providing the requested information. If there is no lot plan or technical description, please say so. But if there is a title or technical description, this is certainly public information that is subject to FOI. The fact that it is a "contested area" should not exempt it from transparency.

I sincerely appreciate your quick responses and in a way understand your hesitation. However, upon review and discussion with the concerned officials, I think you will agree that the request is reasonable, covers public information and that there are no confidentiality issues (like anything to do with national security or criminal investigation) or Data Privacy Act concerns. 

Please extend this FOI request and my appreciation in advance to Deputy Executive Director Atty. Evelyn Ramos as well. Thank you.

Further to my previous message, I would like to note that my FOI request does NOT fall under the list of exceptions clearly listed in the ECC's FOI Manual:
"ANNEX C
LIST OF EXCEPTIONS
• Technical Review Committee (TRC) Meetings Minutes
• Detailed Budget Utilization
• Results of Exam of Applicants 
i. IQ
ii. EQ
iii. Psycho
• Detailes of Work Contingency Prevention & Rehabilitation
Division (WCPRD) Accidents contact information any means of
identification
i. Persons with Work-Related Disabilities including
the circumstances of their work-related accidents or diseases."

My request also does NOT fall under the list of exceptions stated in the Model People's FOI Manual :
"Annex D
LIST OF EXCEPTIONS
The following are the exceptions to the right of access to information, as recognized by the Constitution, existing laws, or jurisprudence:1
1. Information covered by Executive privilege;
2. Privileged information relating to national security, defense or international relations;
3. Information concerning law enforcement and protection of public and personal safety;
4. Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused;
5. 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 investigation conducted by them in the exercise of their administrative, regulatory or quasi-judicial powers;
6. Prejudicial premature disclosure;
7. Records of proceedings or information from proceedings which, pursuant to law or relevant rules and regulations, are treated as confidential or privileged;
8. Matters considered confidential under banking and finance laws, and their amendatory laws; and
9. Other exceptions to the right to information under laws, jurisprudence, rules and regulations."

Since the information requested is only for the details/docs and technical description of the ECC's property, this is clearly public information that must be disclosed according to FOI rules. Thank you!

November 17, 2023

Dear Gregory How,

Greetings!

Thank you for your request dated Nov 09, 2023 08:30:54 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Title, Lot Plan and/or Technical Description for ECC's Cuyambay, Tanay Property.

Response to your request

While our aim is to provide information whenever possible, in this instance we are unable to provide the detailed information you have requested specifically data on the ECC Tanay property such as Transfer Certificate of Title, Location Plan, and Tax Declaration, without a relative purpose for the reason of the request. The information you have requested falls under an exception(s) to wit: section 6(b) of the inventory of exception to executive order no.2 (s.2016).

Under Section 4 of Executive Order No. 2, s. 2016, “Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence”. Correspondingly, item 6(b) of the Inventory of exceptions to Executive Order No. 2 (s. 2016) provides:

“6. Information of which a premature disclosure would: xxx
b. be likely or significantly frustrate implementation of a proposed official action, except such department, office or agency has already disclosed to the public the content or nature of its proposed action, or where the department, office, or agency is required by law to make such disclosure on its own initiative prior to taking final official action on such proposal."

The property subject of the request is purposed for the establishment of the Employees’ Compensation Commission Rehabilitation Center. Said property is currently subject to an ongoing official action with the Municipality of Tanay, the Provincial Environment and Natural Resources Office (PENRO) of Rizal, and the Registry of Deeds of Rizal. It is possible that the release of information at this time pertaining to the subject property could significantly frustrate the implementation of official actions. Be that said, the Registry of Offices is the central repository of all land records involving registered or titled lands, your request can also be directed to the Registry of Deeds of Morong, Rizal.

However, you may wish to contact Atty. Kaima Via B. Velasquez, Executive Director of the Employees Compensation Commission at [email protected], or resubmit your request addressed to the correct agency on the eFOI portal.

For further assistance, you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.

Your right to request a 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 Secretary Bienvenido Laguesma. Your review request should explain why you are dissatisfied with this response and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,
Jay Galasinao
FOI Officer

Good day,

Can I write Atty. Kaima Via B. Velasquez through this foi.gov.ph platform? Thank you. There is just no way that the ECC providing the technical description of the property would prevent it from implementing a valid official action. Informing the public about the bounds of the property will even help prevent property disputes.

Kind regards,

Greg How