PNP

PEOPLE’S FREEDOM
OF INFORMATION
(FOI) MANUAL
January 2021
Why study FOI?
 ACTIVATION OF UNIT

Effective this date (April 17, 2018), FOI Section under

the Public Information Division (PID) of the Directorate
for Police Community Relations (DPCR)
shall be activated as the central repository of all
requests for access to information and shall serve as
the primary contact within the organization where
the public can call and ask questions regarding
request for access to information.
HISTORY
• This is part and parcel of the
Constitutional right of the Filipino
people to be informed of public
documents and government affairs.
“The right of the people to information
on matters of public concern
shall be recognized.

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.”

Section 7, Article III, Bill of Rights

• This PNP People’s Freedom of
Information (FOI) Manual is pursuant
to the provisions of the promulgated
EO No. 2 signed by Pres. Rodrigo R.
Duterte.
What is Executive Order No. 2 S. 2016?

EO No. 2 is the enabling order for FOI.

It operationalizes in the Executive Branch the

People’s Constitutional right to information.

It also provides the State policies to full public

disclosure and transparency in the public
service.

This was signed on July 23, 2016.

 PEOPLE’S
FREEDOM OF INFORMATION
MANUAL

January 2021
“The right to swing my fist ends where
the other man’s nose begins.”

O.W. Holmes
FOI Request
is a written request submitted personally or by
other electronic means by any person to a
government office requesting information or
public records as defined therein.

FOI Receiving Office/Unit (FROU)

refers to the designated office or unit where the
public may file or submit FOI requests, inquire
about the FOI process and the status of pending
FOI requests.

FOI Receiving Officer (FRO)

refers to the officer with the responsibility of
receiving FOI requests.
 Records/
FOI Receiving Monitoring
Officer
PROCESS Requesting Party
(PNCO)
And Liason
(PNCO)
FLOW
Freedom of
Chief, Freedom of Information
Drafter/Processor
Information Officer
(PNCO) Decision Maker
(PCO)
(PCO)
FLOWCHA
RT
FOI Evaluation Officer (FEO)
refers to the officer with the responsibility of
evaluating and reviewing FOI requests and
preparing recommendations to the FDM.

FOI Decision Maker (FDM)

refers to the officer or person who has the
authority to approve or deny FOI requests.
foi.gov.ph
foi.gov.ph
Click icon to add picture

foi.gov.ph
What is FOI?

Freedom of Information (FOI) is the

government’s response to the call for
transparency and full public disclosure of
information.

FOI is a government mechanism which allows

Filipino citizens to request any information
about the government transactions and
operations, provided that it shall not put into
jeopardy privacy and matters of national
security.

The FOI mechanism for the Executive Branch is

enabled via Executive Order No. 2, series of
FOI is a government mechanism which allows
Filipino citizens to request any information
about the government transactions and
operations, provided that it shall not put into
jeopardy privacy and matters of national
security.

The FOI mechanism for the Executive Branch is

enabled via Executive Order No. 2, series of
2016.
What is FOI?

Freedom of Information (FOI)

pertains to the right of the people for access to

information on matters of public concerns,
subject to the limitations established by law.
“The right to swing my fist ends where
the other man’s nose begins.”

O.W. Holmes
Who can make an FOI request?

• Any Filipino citizen can make an FOI Request.

• As a matter of policy, the Requesting Party is

required to present proof of identification.
What can I ask for under EO on FOI?

i. Information,
ii. official records,
iii.public records, and
iv. documents and papers pertaining to official
acts,
v. transactions or decisions,
vi. as well as to government research data
used as basis for policy development.
Exception to FOI

refers to that class of privileged information

that are outside the scope of the constitutional
right to information and which may not be
released or disclosed to the public, as provided
under the Constitution laws or jurisprudence.
 to assist the public and guide the PNP,
including its subordinate units and
offices, in the implementation of EO No.
PURPOSE 2, series of 2016 (E. O. No. 2, s. of 2016)
on FOI.
 This Manual is based on the following
laws, rules, and regulations:

1. The 1987 Phil. Constitution

2. EO No. 02, series of 2016 dtd July 23,
LEGAL
BASES 2016
3. Memo from the Executive Secretary,
OPP, dtd November 24, 2016
4. RA No. 10173 dtd July 25, 2011
5. RA No. 9485
 The Manual shall cover
ALL REQUESTS
COVERAG for information
E directed to the PNP.
 For the effective implementation of EO No. 02,
the manual include the following provisions:

• The location and contact information of the

head, regional, provincial, and field offices,
and other established places where the
public can obtain information or submit
COVERAG requests;
E
• The person or office responsible for receiving
requests for information;

• The procedure for the filing and processing of

the request;
 For the effective implementation of EO No. 02,
the manual include the following provisions:

• The standard form for the submission of

requests and for the proper
acknowledgement of requests;

COVERAG • The process for the disposition of requests;

E The procedure for the administrative appeal
of any denial for access to information; and

• The schedule of applicable fees.

 There shall be a PNCO who will
serve as the primary PNP FOI
Receiving Officer (FRO) under the
Public Information Division (PID),
Directorate for Police Community
PNP FOI Relations.
RECEIVIN
G
OFFICER
 Each Administrative Officer of
the NHQs Command Group,
Personal Staff, Directorial Staff and
NSUs shall be designated as their
respective FOI Receiving Officer.
PNP FOI
RECEIVIN
G
OFFICER
[ FRO ]
 A PNCO shall be designated as FOI Receiving
Officer in every:

• PCADD of the PROs

• CADD of the NCRPO Police Districts,
• Prov’l CADU of the PPOs,
• City CADU of Police Offices (CPOs)
PNP FOI Community Affairs Section under the Office
RECEIVIN of the COPs/Station Commanders of NCR
Police Stations/CCPSs/MPSs and Police
G Stations under the CPOs.
OFFICER General Orders Number DPL-17-19 re Activation of Unit in
[ FRO ] Annex G.
 The duties of the FRO shall include,
among others:

• provide assistance and support to

Requesting Party;
DUTIES • receiving FOI requests for information,
OF FRO conduct assessment, clarify the
request if necessary, and come up
with an initial evaluation of the
request;
 There shall be an FDM in the NHQs, NSUs,
PROs and PPOs.

The designated:
FOI
• Directors in the NHQs and NSUs,
DECISION • RDs in the PROs,
MAKER • District Directors in the NCRPO DO as well
as the
(FDM) • PDs/CDs in the PPOs/CPOs.
 • In case the FDM is on leave or on official
business where he is out of the office for a
number of days, the designated OIC shall
FOI automatically assume the duties and
responsibilities as the PNP FDM.
DECISION
MAKER
(FDM)
Click icon to add picture

PROCEDURE IN
FILING
AND
PROCESSING
OF REQUEST
Under EO No. 02 “Operationalizing in the
Executive Branch of the People’s Constitutional
right in Information and the State Policies to
Full Disclosure and Transparency in the Public
Service and Providing Guidelines Therefore”, a
person may request access to any record or
information maintained by the government.
In making the request one should be as
specific as possible and follow the procedures
in making a request. (See FOI Request Flow
Chart)
 A. Any person who requests access to
information shall submit a written request to
the concerned office/unit using the prescribed
PNP FOI Request Form.
HOW
REQUEST • Said form is widely available at various
offices/units.
IS MADE
• It can also be downloaded from the PNP
official website www.pnp.gov.ph which
contains the link to the Freedom of
Information Official Website
https://www.foi.gov.ph/ that can be filled-out
electronically by the requesting person.
SAMPLE
FORM
 B. The request shall contain/state the following
needed information:

1. Date of the request

HOW 2. Name of the requesting person
REQUEST 3. Mailing address
4. Contact number (landline and/or cellphone)
IS MADE 5. Email address (if any)
6. Name of the organization on behalf of
which represented by the requesting person,
if any,
7. Brief description of the information being
requested, and the reason or purpose for
requesting such information
8. Signature of the requesting person
 C. The requesting person shall present at least
one (1) of the following valid identification
cards (IDs) with picture to serve as proof of
his/her identity
HOW
REQUEST
IS MADE
 1. All requests shall be stamped “Received”
indicating the date and time of receipt, name and
position of the FOI Receiving Officer with his/her
name, position, and corresponding signature.
RECEIPT After which, a stamped copy thereof shall be
furnished to the requesting person.
OF
REQUEST
 2. The FOI Receiving Officer shall provide
reasonable assistance, free of charge, to enable all
requesting parties and particularly those with
special needs such as persons with disabilities
RECEIPT (PWDs) and senior citizens to comply with the
needed requirements.
OF
REQUEST 3. No request shall be denied or refused acceptance
unless the reason for the request is contrary to:

• law,
• existing rules and regulations or
• one of the exceptions herein issued by the Office
of the President and the PNP.
 1.The PNP FRO/FDM shall respond to a request
fully compliant with requirements of para
2.1 hereof as soon as practicable but not
exceeding fifteen (15) working days from
RESPONS receipt hereof.
E TO
REQUEST
 The period to respond shall commence from the
receipt of a request until the decision of the
concerned officer to grant or deny the request.

RESPONS
E TO
REQUEST
 2. The response period may be extended beyond
fifteen (15) days if:

a) There is a need for extensive search in the

RESPONS PNP’s records facilities or examination of
voluminous records;
E TO
REQUEST b) There are fortuitous events (eg. typhoon,
suspension of office, etc.) or other similar
circumstances;

c) There is/are insufficient detail/s indicated in

the request to enable the office to promptly
identify the desired record/s;

d) The information requested is related to

records that are part of a court proceeding.
 In these cases, the receiving officer from the
office/unit concerned shall notify the
requesting person of the reason/s for extension.

RESPONS
E TO
REQUEST
 3. In no case shall the extension go beyond twenty
(20) working days unless exceptional circumstances
warrant a longer period.

RESPONS 4. In case the information being sought/requested

can be viewed or accessed in the official PNP
E TO website, the FOI receiving officer shall immediately
REQUEST inform the requesting person regarding its
availability online.

5.Once a decision is made to grant the request, the

person making the request shall be notified
immediately in writing of such decision.
 6. In the event that the information requested is not
within the Office where the request is filed, the FOI
Decision Maker, upon recommendation of the FOI
Receiving Officer, shall advise the requesting party
RESPONS or his authorized representative to file the request
to the FOI Office of the concerned office/unit of the
E TO PNP.
REQUEST 7. If the document/record being requested is not
available, for reason of disposal or no such record is
being maintained, a Certification on the non-
availability of the record shall be provided to the
requesting person.

See PNP FOI Standard Response Templates in Annex

H.
 The FOI Decision Maker shall be responsible for
granting the request for access to information.

GRANTIN
G OF THE
REQUEST
Click icon to add picture

DENIAL
OF THE
REQUEST
The FOI Decision Maker who rendered the
decision shall send a notification letter
informing the requesting person that his/her
request is denied/disapproved within fifteen
(15) working days from the receipt of the
request.

The letter shall clearly indicate the ground/s for

denial which shall also be reflected in the
submitted request form of the requesting
person.
 1.The information/public record/official record
being requested is among the limitations and
exclusions stated in this manual;

GROUNDS 2.There are grounds to believe that the request

FOR is being made with plainly discernible improper
motive (e.g. harassment) or other analogous
DENIAL circumstances;

3.The purpose of the request is contrary to law,

morals, or public policy;
 4.The requesting party failed to comply with the
requirements stated in this manual;

5.The identity of the requesting party appears

GROUNDS to be fictitious;
FOR
6.The requesting person has a derogatory
DENIAL record of having misused any information
previously furnished to him/her;

7.The information/public record/official record

being requested is not in the possession or
control of the office;
 If the FOI Evaluation Officer, upon review of the
request, finds any ground for denial, he/she
shall immediately recommend to the FOI
Decision Maker the denial of the request and
DUTY OF prepare the notice of denial using the form
THE prescribed.

FOI
EVALUATIO
N OFFICER
 • If the FOI Decision Maker concurs with the
recommendation of the FOI Evaluation Officer
to deny the request, he/she shall cause the
immediate issuance of the notice of denial.
DUTY OF
THE • However, in the event that he/she finds the
recommendation of the FRO without merit,
FOI he/she can instruct the FOI Evaluation Officer
DECISION to continue the processing.

MAKER
 All notices of denial in relation to the FOI shall
be issued to the requesting party within fifteen
(15) days from receipt of the request either
personally or by registered mail.
PERIOD OF
ISSUANCE
OF NOTICE
OF DENIAL
 As a general rule, all fully compliant
requests for information shall be accepted by
the FOI Receiving Officer (FRO) and FOI
Decision Maker (FDM).
ACCEPTAN
CE OF No request for information shall be denied
or refused acceptance by a government office
REQUEST unless the reason for the request is contrary to
the Constitution, pertinent laws, existing rules
and regulations, or it is one of the exceptions
provided under the Inventory of Exceptions.
 • This rule seeks to set guidelines for the
referral of any requested information, official
record/s, or public record/s to the appropriate
government agency by another agency such
NO as the Philippine National Police (PNP) that
WRONG does not have in its possession or custody the
requested information or records, is not
DOOR authorized to release the information to the
POLICY public. (See Annex J)

FLOW • It shall cover all government agencies under

CHART the Executive branch implementing the FOI
Program, pursuant to EO No. 02, s. 2016 and
all other related issuances, and applies to
both paper-based and electronic forms of
requesting information.
 NO
WRONG
DOOR
POLICY
FLOW
CHART
 When the requested information is not in the
possession of a government agency
(government agency no. 1 (GA1) such as the
PNP, but is available in another government
PROCESS agency (government agency no. 2 (GA2) under
OF the Executive Branch, the request shall be
immediately referred by the GA1 or the PNP to
REFERRAL GA2 through the most expeditious manner but
not exceeding three (3) working days from the
receipt of the request.

This shall be considered as the “First Referral”

and a fresh period will apply.
 Referral to the appropriate government agency
shall mean that another government office is
the proper repository or custodian of the
requested information or records, or have
PROCESS control over the said information or records.
OF
If GA1 or the PNP fails to refer the request
REFERRAL within three (3) working days upon receipt of
request for information, the FRO shall act on it
within the remaining period to respond
pursuant to EO No. 02, s. 2016. No fresh period
shall apply.

If GA1 or the PNP, in good faith, erroneously

referred the request to GA2, the latter shall
immediately notify the former as well as the
 GA2, to whom the request was referred under
the First Referral may subsequently refer the
request to another government agency
(government agency no. 3 or GA3) under the
PROCESS procedure set forth in the first paragraph of this
OF Section.

REFERRAL This shall be considered as the “Second

Referral” and another fresh period shall apply.
 Referrals shall only be limited to two (2)
subsequent transfers of request. A written or
email acknowledgment of the referral shall be
made by the FRO of the government agency
PROCESS where it was referred.
OF
The requesting party shall be notified of the
REFERRAL referral and must be provided with the reason
or rationale thereof, and contact details of the
government office where the request was
referred
 If GA3, after the second referral, still cannot
provide the information requested, it shall deny
the said request and shall properly notify the
requesting party.
FOI
INTERNAL In all phases of the referral, the requesting
party shall be informed in writing, email, and/or
MESSENGE through the eFOI of the status of his/her
R request.
Click icon to add picture

PROMOTION OF
OPENNESS
AND
PROTECTION OF PRIVACY
 The PNP shall regularly publish, print and
disseminate at no cost the public and in accessible
form, in conjunction with Republic Act 9485, or the
Anti-Red Tape Act of 2007, and through its website,
DUTY TO timely, true, accurate and updated key information
including but not limited to:
PUBLISH
INFORMATI a) A description of its mandate, structure, powers,
functions, duties and decision- making
ON processes;

b) A description of the frontline services it delivers

and the procedure and length of time by which
they may be availed of;

c) The names of its key officials, their powers,

functions and responsibilities, and their profiles
and curriculum vitae;
 d. Work programs, development plans,
investment plans, projects, performance targets
and accomplishment, and budgets, revenue
allotments and expenditures;
DUTY TO
PUBLISH e. Important rules and regulations, orders or
decisions;
INFORMATI
ON f. Current and important database and statistics
that it generates;

g. Bidding processes and requirements; and

h. Mechanisms or procedures by which the

public may participate in or otherwise influence
the formulation of policy or the exercise of its
 While providing for access to information, the
PNP shall afford full protection to a person’s
right to privacy, as follows:

PROTECTI a. The PNP shall ensure that personal

ON OF information, particularly sensitive personal
information, in its custody or under its
PRIVACY control is disclosed only as permitted by
existing laws;

b. The PNP shall protect personal information in

its custody or under its control by making
reasonable security arrangements against
unauthorized access, leaks or premature
disclosure; and
 c. The FRO, FDM, or any employed or official
who has access, whether authorized or
unauthorized, to personal information in the
PROTECTI custody of the PNP, shall not disclose that
ON OF information except as authorized by existing
laws.
PRIVACY
Click icon to add picture

SAFEKEEPING
OF
RECORDS
 Repository of Records

the Freedom of Information (FOI) Section

under the Public Information Division (PID) of
REPOSITO the Directorate for Police Community Relations
RY OF (DPCR) shall be activated as the central
repository of all requests for access to
RECORDS information and shall serve as the primary
contact within the organization where the
public can call and ask questions regarding
requests for access to information. (Annex G)

All Receiving FOI Officers from the

different units/offices shall furnish the FOI
Section, PID, DPCR copies of all information
disclosed to the public.
 Administrative Liability

Non-compliance with FOI based on

Executive Order No. 2, s. 2016 and or failure to
ADMINIST comply with the provisions of this manual shall
RATIVE be a ground for administrative liabilities in
conformity with NAPOLCOM Memorandum
LIABILITY Circular No. 2016-002.
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
EXCEPTIONS
TO RIGHT
OF ACCESS
TO
INFORMATI
ON
ATTY. RANNEL T GADIANO
Attorney-at-law I Notary Public
0919 - 378 - 3223
[email protected]

ATTY. BLESYL MAY M

GADIANO
Attorney-at-law
0960 - 476 - 2858
[email protected]