GUIDELINES FOR ACCESS TO INFORMATION AND PUBLIC RECORDS

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(Pursuant to Approved Freedom of Information Policy)

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GENERAL GUIDELINES

1. The Authority recognizes the constitutional right of the public (internal and external stakeholders) to access information on matters of public concern, subject to limitations imposed by laws, rules and regulations.

2. As such, it shall regularly disclose, in prescribed manner, timely, true, accurate, and updated information including, but not limited to the following:

  1. information enumerated in Section 25 of RA No. 10149; Section 43 of GCG Memorandum Circular No. 2012-07; LLDA Manual of Corporate Governance;
  2. issuances prescribing policies, rules and regulations, and procedures promulgated pursuant to law, applicable to individuals and organizations outside the Authority and designed to supplement provisions of the law or to provide means for carrying them out, including information relating thereto;
  3. Current statistical data; and
  4. Information affecting the rights and obligations of its internal and external stakeholders.

3. The processing and release of sensitive personal information shall be prohibited, unless allowed under Republic Act 10173, “An Act Protecting Individual Personal Information in Information and Communications Systems in the Government and the Private Sector, Creating for this Purpose a National Privacy Commission, and for Other Purposes”

4. Information and official records shall be classified either as (i) Confidential; or (ii) Public Records.

5. Information and official records classified as “confidential” shall not be accessed, examined, reproduced or disclosed without first securing the necessary security clearances prescribed by existing laws, rules and regulations.

6. Information and public records shall either be classified as “General Public Circulation” or “Limited Public Circulation”.

Information classified as “general public circulation” are readily available through corporate website, annual reports, brochures, pamphlets, and other analogous medium.

On the other hand, information classified as “limited public circulation” may be disclosed to or access by the public upon payment of appropriate amount to the LLDA Cashier.

7. The classification of information and public records shall be the responsibility of the Head of Department or Division, who has physical control of such information or official records, subject to the approval of the Head of the Authority.

8. All requests for disclosure of and/or access to information or public records shall be in writing and prescribed form (LLDA-PIU-Form 07).  It may be delivered to the Authority through any of the following means: (a) personal delivery; (b) registered mail; (c) courier services; (d) electronic mail; and (e) facsimile machine.

9. All requests shall be addressed to the Head of the Authority. In case such written request is addressed to a person other than Head of the Authority, the addressee shall forward the same to the latter for his/her appropriate action.

Also, such requests shall be stamped by the Records Unit, indicating the date and time of receipt and the name, position, and signature of the receiving officer or employee. 

10. The request shall state the name and contact information of the requesting party, description of the information or public records requested, and the reason for, or purpose of, the request for information. Said request shall be supported with the photocopy of a valid and current government or company identification card of the requesting party.

11. The minimum signatory requirements for the requesting party shall be as follows:

  Requesting Party   Signatory
  Institutional researcher   Head of company or equivalent.
  Academic researchers   Researcher; and Thesis or Dissertation Adviser or Dean or equivalent
  Others

  Requesting party



ACCESS, EXAMINATION, OR REPRODUCTION OF INFORMATION AND PUBLIC RECORDS

12. Access to, examination, or reproduction of public records, documents and papers pertaining to official acts, transactions, or decisions, as well as data used as basis for policy development, among others, shall be regulated to:

  1. Prevent disruption of the delivery of public services by the Authority;
  2. Avoid unjustified interruption of the functions of the records custodians and other concerned employees; and
  3. Protect the rights of persons or group of persons to whom requests for access or disclosure by interested parties are directed from coercion, harassment, bullying and any and all forms of abuse.

13. To prevent unintended damage to or loss of information and public records pertaining to official acts, transactions, or decisions, the same shall be accessed, examined, or photocopied within the plain view, control and supervision of the concerned records custodian.

14. Requesting party shall be reminded that they cannot “compel custodians of official records to prepare lists, abstracts, summaries and the like in their desire to acquire information on matters of public concern” (Valmonte et. al vs. Belmonte, G.R. No. 74930,  February 13, 1989)
 
15. In order to protect the integrity of information and public records that are stored in computer system or database, only the custodian of such information or public records shall be allowed to data mine or retrieve needed information or official records.
 
16. Flash disk, memory card, and other similar removable storage devices of the requesting party shall not be inserted in the universal serial board (USB) slot of the computer system or database where such information are stored, unless such removable storage device has been determined to be free from viruses, worms, trojan horses, and other malicious computer programs using licensed and updated anti-virus software installed in the said computer system or database.

Otherwise, such information or public records shall be transmitted to the requesting party through electronic mail or recordable compact disk i.e. CR-R or CD-RW.


APPROVED REQUEST FOR INFORMATION

17. Acknowledgement letters or its equivalent stating the grant of disclosure to and/or access to information should contain the following:

Decision to grant the request for disclosure and/or access to information;

  • Amount of fees to be paid to the LLDA Cashier, if necessary;
  • Estimated number of days, reckoned from the date of payment, when the information  will be available; and
  • Other information that may be deemed necessary.

Such letter shall be communicated to the requesting party within fifteen (15) working days from receipt of request for disclosure of and/or access to information.

The means for communication may be any or combination of the following:

  • Registered mail.
  • Electronic mail
  • Telephone.
  • Facsimile.
  • TXT LLDA.


DISAPPOVED REQUEST FOR INFORMATION

18. The Authority shall deny, wholly or partially, all requests for disclosure and/or access to information when the same falls within the prohibitions herein indicated.

As such, the Letter of Denial shall contain the (i) ground/s for denial; and (ii) circumstances on which the denial is based.

It shall be communicated to the requesting party within fifteen (15) working days from receipt of request for disclosure and/or access to information.

19. All denied request/s for information together with its supporting documents shall be archived following prescribed records management guidelines.


ACADEMIC RESEARCHERS

20. Upon completion and acceptance of the academic researcher’s thesis, dissertation, research paper, among others, academic researchers are requested to immediately provide a copy of such research output to the Authority.

21. Failure to do so, the Authority shall inform, in writing, through PIU,  the  concerned institution of the researcher’s failure  to comply with the preceding requirement and direct the said institution to ensure compliance therewith.

22. The use of the following disclaimer or similar statement in all theses, dissertations, research papers, among others, shall be requested to be inserted in its abstract or equivalent section.

“Research materials include information, official records, and/or public records provided by the Laguna Lake Development Authority (LLDA). LLDA disclaims responsibility or liability for analyses, interpretations or conclusions that have been made out of the information, official records, and/or public records thus provided”.

 

 

 

INSTITUTIONAL RESEARCHERS

23. Institutional researchers may provide the Authority copy of the reports, plans, and other similar printed materials containing information that were provided by the Authority.

24. They are also requested to indicate the following disclaimer or similar statement in all reports, plans, and other printed materials to be inserted in its appropriate section.

“Some of the information contained were provided by the Laguna Lake Development Authority (LLDA). LLDA disclaims responsibility or liability for analyses, interpretations or conclusions that have been made out of the information, official records, and/or public records thus provided”

 

 

 

AGREEMENT FOR ACCESS TO AND USE OF INFORMATION

25. As a pre-condition for the access, examination, or reproduction of information and public records, requesting parties are required to sign and submit the Agreement for Access to and Use of Information , prescribed by the Authority.

26. The head of department/division/office/unit in custody of the requested information shall affix his/her initial to the signatory portion.


PERIOD OF ACTION

The relevant period of action are as follows:

Activity

Deadline

Evaluation of written request for information

Within fifteen (15) working days from receipt of written request

Release, access, examination, or reproduction of information and public records

Within fifteen (15) working days from receipt of written request

If the information requested requires extensive search, examination of voluminous records, occurrence of fortuitous cases, or other analogous cases, the period of 15 working days may be extended to 20 working days, unless exceptional circumstances warrant a longer period.

In case of denial, submission of appeal letter to the DENR Secretary as Chairperson of LLDA Board of Directors

Within fifteen (15) working days from receipt of Letter of Denial

28.    The date of receipt of the request will  be either:

  1. The day on which the request is physically or electronically delivered to the Authority; or
  2. If the Authority has asked the requesting party for further details to identify and locate the requested information, the date on which the necessary clarification is actually received.

 

PROCEDURAL GUIDELINES

Client

LLDA

Step

Activity

Step

Activity

Office Responsible

Duration

1.

Submits letter-request for information with supporting documents (LLDA-PIU-Form 07) and photocopy of valid and current government issued identification card).

1.

Receives letter-request with supporting documents from the requesting party/client, and stamps the date and time of receipt thereof, including the name and position of the receiving staff.

Administrative Division- Records Unit (RU)

15 minutes

 

 

2.

Evaluates whether the requested information is readily available at the library.

  1. If the requested information is readily available at the Library, release the requested information and proceed to LLDA step no. 10.
  2. If the requested information is not readily available at the Library, proceed to LLDA step no. 3.

RU / Library

15 minutes

 

 

3.

Transmits the said request to the Office of the General Manager.

RU

15 minutes

 

 

4.

Forwards request to Public Information Unit for preliminary evaluation.

 

Office of the General Manager

30  minute

   

5.

Evaluates request based on the guidelines prescribed herein.

  1. If the request is granted, inform the requesting party based on the guidelines prescribed herein.
  2. If the request is denied, prepare the letter of denial following the guidelines prescribed herein

Public Information Unit

30 minutes

2.

Pays the necessary fees.

6.

Prepares information and/or official records for access, collation, collection or release.

Concerned department /division / office / unit

5 days

 

 

7.

Prepares and signs Agreement for Access to and Use of Information.

OGM/ PIU

30 minutes

3.

Receives, signs, and submits Agreement for Access to and Use of Information.

8.

Receives signed Agreement for Access to and Use of Information.

PIU

15 minutes

3.

Accesses, collates, summarizes, or collects the needed information

9.

Releases information and/or official records to client.

PIU

30 minutes

 

 

10.

Records approved/denied Request for Information in the database.

RU / PIU

30 minutes

End

 

FEES

Official [public] records or documents or cerified true copy thereof (LLDA BR No. 251, s. 2005) - P 200.00 / document

 

APPEALS MECHANISM

The remedies in cases of denial of request for disclosure and/or access to information are as follows:

  1. Submission of written appeal to the LLDA Chairperson within fifteen (15) working days from the receipt of Letter of Denial or from the lapse of the relevant period to respond to the request.

The said written appeal shall be decided within fifteen (15) working days from the filing of said written appeal. Failure to decide within the aforesaid period shall be deemed as denial of the appeal.

  1. The denial of the appeal by the LLDA Chairperson may be appealed further to the Office of the President
  2. Upon exhaustion of administrative remedies, the requesting party may file the appropriate case in the proper court in accordance with the Rules of Court and applicable statutes.


PROCESS MAP

Process Map

 

DIRECTORY

The directory of key officials responsible for the implementation of Freedom of Information Policy is as follows:

Office

Contact Details

Trunkline : 376-40-72 / 376-40-44 / 332-23-53 / 332-23-41

Office of the General Manager

JAIME C. MEDINA
General Manager
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Direct line: (02) 332-2346

Office of the Assistant General Manager / Office of the Department Head, Environmental Regulations Department

 

Engr. Emiterio C. Hernandez
OIC, Office of the Asst. General Manager and Department Manager III, Environmental Regulations Department
Direct line: (02) 376-40-67

Public Information Unit

 

Maureen S. Tolentino
Public Relations  Officer II
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone Extension: Local 133

Office of the Department Head, Resource Management and Development Department

 

Adelina C.  Santos-Borja
Department Manager III, Resource Management and Development Department
Telephone Extension: Local 109

Office of the Department Head, Management Services Department

 

Roque B. Delas Alas
Department Manager III, Management Services Department
Direct line: 376-40-61