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Republic of the Philippines Department of Labor and Employment NATIONAL LABOR RELATIONS COMMISSION Quezon City National Labor Relations Commission FREEDOM OF INFORMATION PEOPLE'S MANUAL

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Page 1: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

Republic of the PhilippinesDepartment of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSIONQuezon City

National Labor Relations Commission

FREEDOM OF INFORMATION

PEOPLE'S MANUAL

Page 2: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

TABLE OF CONTENTS

Table of Contents

RULE I

AGENCY PROFILE

SECTION 1. Mandate 3SECTION 2. Vision and Mission 3SECTION 3. Jurisdiction 3

SECTION 4. Organizational Structure 4

RULE II

MANUAL'S OVERVIEW

SECTION 1. Purpose 4SECTION 2. Structure 4SECTION 3. Coverage 5SECTION 4. Definition of Terms 5

RULE III

PROTECTION OF PRIVACY

SECTION 1. Protection of Privacy 8

RULE IV

STANDARD PROCEDURE

SECTION 1. Receipt of Request for Information 8SECTION 2. Initial Evaluation 9

SECTION 3. Transmittal of Request by the FRO to the FDM 10SECTION 4. Role of the FDM in Processing the Request 10SECTION 5. Role of FRO in Transmitting the Information to the Requesting Party 11SECTION 6. Request for an Extension of Processing Time 11SECTION 7. Notice to the Requesting Party of the Approval/Denial of the Request 11SECTION 8. Approval of Request 11SECTION 9. Denial of Request 11SECTION 10. Process Flowchart 11

RULEV

REMEDIES IN CASE OF DENIAL

SECTION 1. Remedies 13

RULE VI

FEES

SECTION 1. No Request Fee 13SECTION 2. Reasonable Cost of Reproduction and Copying of the Information 13SECTION 3. Exemption from Fees 13

Page 3: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

RULE VII

ADMINISTRATIVE LIABILITY

SECTION 1. Non-compliance with Freedom ofInformation 13SECTION 2. Procedure "'..'."..'."..'."..T.i.".'" 13

ANNEXES

ANNEX A. List ofExceptions 14ANNEX B. Heads of Offices/FOI Champions and FOI Receiving Officers 15ANNEX C. FOI Request Form 18ANNEX D. FOI Response Template !.'.!.'.'!.'.".'.\'."!1\\"!.'.'.''.'!.'.'."."! 20

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Page 4: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

FREEDOM OF INFORMATION (FOI) PEOPLE'S MANUAL

RULE I

AGENCY PROFILE

SECTION 1. MANDATE. - The National Labor Relations Commission (NLRC) isa quasi-judicial agency tasked to promote and maintain industrial peace based on socialjustice by resolving labor and management disputes involving both local and overseasworkers through compulsory arbitration and alternative modes of dispute resolution.

It is attached to the Department of Labor and Employment (DOLE) solely forprogram and policy coordination.

SECTION 2. VISION AND MISSION. - The vision is to deserve public trust as aquasi-judicial agency by way of a fair, speedy and equitable disposition of labor cases atlesser cost.

The mission is to resolve labor disputes fairly, quickly, equitably, impartially andinexpensively.

SECTION 3. JURISDICTION. - The following are the jurisdiction:

a. Unfair labor practice cases;

b. Termination disputes;

c. If accompanied with a claim for reinstatement, those cases that workers mayfile involving wages, rates of pay, hours of work and other terms andconditions of employment;

d. Claims for actual, moral, exemplary and other forms of damages arising fromemployer-employee relations;

e. Cases arising from any violation of Article 264 (now 279) of the Labor Code,as amended, including questions involving the legality of strikes and lockouts;

f. Except claims for employees compensation not included in the nextsucceeding paragraph, social security, medicare, and maternity benefits, allother claims arising from employer-employee relations, including those ofpersons in domestic or household service, involving an amount exceedingP5,000, whether or not accompanied with a claim for reinstatement;

g. Wage distortion disputes in unorganized establishments not voluntarilysettled by the parties pursuant to RA 6727;

h. Enforcement of compromise agreements when there is non-compliance byany of the parties pursuant to Article 227 (now 233) of the Labor Code, asamended;

i. Money claims arising out of employer-employee relationship or by virtue ofany law or contract, involving Filipino workers for overseas deployment,

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including claims for actual, moral, exemplary and other forms of damages asprovided by Section 10 of RA 8042, as amended by RA 10022; and,

j. Other cases as may be provided by law.

SECTION 4. ORGANIZATIONAL STRUCTURE. - The organizational structureof the Commission are as follows:

CHAIRMAN

Mgt. & Administrative Dept.

Admin, Division. Mgt. & Fiscal Division

Executive Clerk

-: —~—~—'—77T-;—' "

Research;&;legal,Dept.

•̂ Research, Infok PUb^sT] (JjggjoDivision

RULE II

MANUAL'S OVERVIEW

SECTION 1. PURPOSE. - The purpose is to provide the guidelines andprocedure for the general public in requesting for information covered under theExecutive Order (E.O.) No. 2, Series of 2016 on Freedom of Information (FOI).

SECTION 2. STRUCTURE. - This Manual shall set out the rules and proceduresto be followed by the Commission when a request for access to information is received.The Chairman is responsible for all actions carried out under this Manual and maydelegate this responsibility to the Head of Offices. The Head of Offices may delegate aspecific officer to act as the FOI Decision Maker (FDM), who shall have overallresponsibility for the initial decision on FOI requests or who will recommend to the Headof Office, (i.e. to decide whether to release all the records or partially release therecords, or deny access).

The Chairman shall be the overall FOI Champion in the Commission. The headsof offices are the FOI Champions in their respective offices. Their primary functions are:oversee the overall implementation of FOI program; ensure that all requestedinformation is provided by the office; review and ensure that inventory of exceptions isperiodically updated and reflects any change in existing law and jurisprudence; and hasthe final approval to grant or deny the requested information as decided orrecommended by the FDM.

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« '

The FOI Receiving Officer/s (FROs) shall be the primary person/s dulydesignated by the head of office who shall receive and record all requests for informationand forward the same to the appropriate FDM/office who has custody of the records;monitor all FOI requests and appeals; provide assistance to the requesting party andFDMs; compile inventory of information, data and records as required; maintain aRegistry of all FOI requests received and acted upon; prepare and submit quarterlyreport of compliance and accomplishments.

The FOI Decision Maker/s (FDMs) shall be designated by the head of offices,with a rank of not lower than a Labor Arbitration Associate or its equivalent, who shallconduct evaluation, processing of requests for information, and accorded the authority torecommend to the Head of Offices the grant or denial of the request; provide regularupdate on the inventory of information, data and records that may be accessed by thepublic thru the FOI.

The Central Appeals and Review Committee shall be composed of three (3)officials with a rank not lower than Division Chief or its equivalent responsible inconducting review of FOI decisions submitted for interna! review or on appeal, providerecommendation/expert advice to the Head of Offices on the approval or denial of FOIdecision on appeal.

SECTION 3. COVERAGE. - This Manual shall cover all requests for informationdirected, filed or submitted to NLRC Central Office (Divisions), Commission Proper(Divisions), and Regional Arbitration Branches (Main and Sub).

SECTION 4. DEFINITION OF TERMS. - For purposes of this Manual, thefollowing are the definitions, to wit:

(a) Appeals and Review Committee. - The Appeals and ReviewCommittee is composed of three (3) officers with a rank not lower thanDivision Chief or its equivalent, designated by the Head of Offices toreview and analyze FOI decisions for internal review or on appeal.

(b) Commission/NLRC. - Refers to the National Labor RelationsCommission.

(c) Exceptions. - Information identified not to be disclosed and/or releasedunder the FOI, the non-disclosure of said information is in accordancewith the Constitution, laws, rules and regulations, or jurisprudence.Identified exceptions are listed in Annex A of this manual.

(d) Freedom of Information (FOI). - The Executive Branch recognizes theright of the people to information on matters of public concern, and adoptsand implements a policy of full public disclosure of all its transactionsinvolving public interest, subject to the procedures and limitationsprovided in Executive Order NO. 2, Series of 2016. This right isindispensable to the exercise of the right of the people and theirorganizations to effective and reasonable participation at all levels ofsocial, political and economic decision-making.

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(e) FOI Contact. - The name, address and phone number of FOI Champion,designated FOI Receiving Officer/s in the NLRC offices where FOIrequest can be made is included in this manual as Annex B

(f) FOI Decision Maker. - NLRC Office personnel designated by the Headof Office, with a rank of not lower than a Labor Arbitration Associate or itsequivalent, who shall conduct evaluation and processing of request forinformation, and accorded the authority to recommend to the Head ofOffice the grant or denial of the request.

(g) FOI Request. - A written duly signed request submitted to any NLRCOffice, personally or by e-mail asking for records related to the function,policies and programs of the Commission.

(h) FOI Receiving Officer. - NLRC Office personnel duly designated by theHead of Office who shall receive, records and monitor all requests forinformation, provide assistance to the requesting party and/or public onFOI matters, among others.

(i) Full Denial. - The act of an authorized NLRC personnel/officer to denythe release of any records in response to the FOI request for reason thatthe information requested is among the listed exceptions.

(j) Full Grant. - The act of an authorized NLRC officer to allow the fulldisclosure of information based on the details specified in the FOIrequest.

(k) Information. - Any records, documents, papers, reports, letters,contracts, minutes and transcripts of official meetings, maps, books,photographs, data, research materials, films, sound and video recording,magnetic or other tapes, electronic data, computer stored data, any otherlike or similar data or materials recorded, stored or archived in whateverformat, whether offline or online, which are made, received, or kept in orunder the control and custody of the Department pursuant to law,executive order, and rules and regulations or in connection with theperformance of its official business.

(I) Information for Disclosure. - Information that promotes the awarenessand understanding of policies, programs, activities, rules and regulationsaffecting the public, government, community and the economy. It alsoincludes information on the general operations, thrusts, and programs ofthe Commission. In line with the concept of proactive disclosure and opendata, such types of information can be posted in government websites,such as data.gov.ph without need for written requests from the public.

(m) Official Record/s. - Refer to information produced or received by aNLRC officer or employee in an official capacity, function or duty.

(n) Open Data - Refers to publicly available data, structured in a way thatenable users to freely use, copy and/or download the information, subjectto the protocols/requirements of the office' website and webpage.

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(o) Partial Grant/Partial Denial. - Refers to the ability ofthe Commission todisclose portion of the records in response to a FOI request. It also refersto the denial of the office of a portion of the request, with reference to theexemptions enumerated in Annex A.

(p) Pending Request or Pending Appeal. - An FOI request oradministrative appeal of which the Commission has not yet taken finalaction on it. It includes all request/appeal that is still open or not actedupon at a given time, including request that is well within the statutoryresponse time.

(q) Perfected Request. - AFOI request which describes the records sought,duly accomplished by the requesting party in accordance with therequirements of the Commission.

(r) Personal Information. - Refer to any information, whether recorded in amaterial form or not, from which the identity and personal circumstancesof an individual is apparent or can be reasonably and directly ascertainedby the office holding the information, or when put together with otherinformation would directly and certainly identify an individual.

(s) Proactive Disclosure. - Information made publicly available withoutwaiting for a specific FOI request. The Commission's initiative to post inthe website information concerning its mandates/functions, major policiesand programs, among others.

(t) Processed Request or Processed Appeal. - The number of requests orappeals where the Commission has completed its work and sent a finalresponse to the requesting party.

(u) Public Records. - A record required by law, executive order, rules andregulations to be entered, kept, and made by an officer of theCommission in the course of the performance of its function, filed andmay be made available to the public upon request.

(v) Received Request or Received Appeal. - A FOI request oradministrative appeal received by the Commission within a fiscal year.

(w) Referral. - The receiving NLRC office forwards the FOI request to anappropriate agency for further determination of primary interest andprocessing of the request.

(x) Sensitive Personal Information. - As defined in the Data Privacy Act of2012, shall refer to personal information:

(1) About an individual race, ethnic origin, marital status, age, color,and religious philosophical or political affiliations;

(2) About an individual health, education, genetic or sexual life of aperson, or to any proceedings for any offense committed or alleged

Page 9: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

to have committed by such person, the disposal of suchproceedings or the sentence of any court in such proceedings;

(3) Issued by government agencies peculiar to an individual whichincludes, but not limited to, social security numbers, previous orcurrent health records, licenses or its denials, suspension orrevocation, and tax returns; and

(4) Specifically established by an executive order or an act of Congressto be kept classified.

(y) Simple Request. - FOI request requiring minimal processing and review,placed in one processing track, and anticipated to have fasterresponse/delivery time, depending on the volume and/or simplicity of therecords requested.

(z) Complex Request. - FOI request that requires multi-track processing,requires more time to retrieve and/or generate the information, dependingon the volume and/or complexity of the records requested.

RULE III

PROTECTION OF PRIVACY

SECTION 1. PROTECTION OF PRIVACY. - While providing for access toinformation, the NLRC shall afford full protection to a person's right to privacy, asfollows:

(a) Ensure that personal information, particularly sensitive personalinformation, in its custody or under its control is disclosed only aspermitted by existing laws, rules and regulations;

(b) Protect personal information in its custody or under its control by makingreasonable document security protocol against unauthorized access,leaks or premature disclosure;

(c) The FRO, FDM, or any employee or official who has access, whetherauthorized or unauthorized, to persona! information, the NLRC shall notdisclose that information except authorized by existing laws, rules andregulations.

RULE IV

STANDARD PROCEDURE

SECTION 1. RECEIPT OF REQUEST FOR INFORMATION. - (a) The FOIReceiving Officer (FRO) shall receive the request for information from the requestingparty and check compliance of the following requirements:

a. The request must be in writing;

b. The request shall state the name and contact information of the requestingparty, accompanied with a valid proof of identification or authorization;

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Page 10: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

c. The request shall clearly describe the information requested, covered period,and the purpose of by which the information shall be used; and

d. The request may be filed through e-mail provided, the requesting party shallattach a scanned copy of the completely filled up FOI Request Form

(Annex C), and copy of government issued identification (ID) with photo andsignature.

(b) In case the requesting party is unable to make a written request, because ofilliteracy or due to being a person with disability, he can make an oral request, and theFRO shall reduce it in writing.

(c) Filed written request for FOI shall be stamped received by the FRO, indicatingthe date and time of receipt, name, position/designation, and signature of the FRO. TheFRO shall provide the requesting party a copy of the duly filed FOI request. In case theFOI request was filed thru e-mail, the FRO shall acknowledge receipt of the same by e-mail, his name and position/designation supplied. The filled up request form shall beprinted and details of the request shall be recorded.

(d) The NLRC must respond to request promptly, within the fifteenth (15) workingday following the date of receipt of the request. A working day is any day other than aSaturday, Sunday or a day which is declared a public holiday in the Philippines. Incomputing for the period, Art. 13 of the New Civil Code shall be observed. The date ofreceipt of the request will be either:

1. The day on which the request is physically or electronically delivered to theoffice of FRO, or directly into the official e-mail inbox of the concerned NLRCOffice; or

2. If the FDM has asked the requesting party additional details or clarificationon the information being requested, the counting of the 15 days will stop andshall commence again the day after the receipt of the clarification from therequesting party. If no clarification is received from the requesting party aftersixty (60) calendar days, the request shall be closed.

SECTION 2. INITIAL EVALUATION. - (a) After receipt of the request forinformation, the FRO shall evaluate the contents of the request.

(b) If a request for information is received which requires differentoffices/divisions/units to provide the information, the FRO shall forward such request toconcerned offices/divisions/units and ensure timely completion/delivery of theinformation requested, in a well-coordinated manner. The 15 -days standard processcycle time applies starting the day after the request was forwarded to the concernedoffices. FDMs shall only provide the specific information that relates to their respectiveoffices.

(c) If the requested information is not in the custody of the NLRC Office, after referralor discussion with the FDMs, the FRO shall undertake the following steps:

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(1) If the records requested is within the authority or custody of other NLRCOffices, i.e. Commission Proper, Main and Sub Regional Arbitration Branches,other than the office where the FOI request was filed, the request will beimmediately referred to the appropriate office through the most expeditiousmanner, inform the requesting party that his FOI request was transmitted to theappropriate office that can provide the information. In such case, the 15-daysprocess cycle time of the receiving office/agency commences the day after itreceived the forwarded request; and,

(2) If the records requested is not within the authority or custody of theCommission, or it refers to an office not within the coverage of E.O. No. 2 seriesof 2016, the requesting party shall be advised accordingly and provided with thecontact details of that office, if known.

(d) If the information being requested is already posted and publicly available in theNLRC official website - www.nlrc.gov.ph, or NLRC official facebook page, ordata.gov.ph or foi.gov.ph or other websites, the FRO shall inform the requesting party ofthe availability of the information in public use platforms, provide the website link wherethe information is posted/available.

(e) If the requested information is substantially similar or identical to a previousrequest by the same party, the request shall be denied. The FRO upon recommendationof the FDM shall issue a reply to the requesting party and state the reason/s for thedenial of his request.

SECTION 3. TRANSMITTAL OF REQUEST BY THE FRO TO THE FDM. -

Upon receipt of the FOI request, the FRO shall initially evaluate the request. If therequest is recommended for processing, the request shall be forwarded to the FDMwithin one (1) day from receipt of the request (written, e-mailed) indicating the date, timeand name of the FDM who will process the request. All requests transmitted from FROto FDM should be recorded in the record book maintained by the Office. The FRO shallregularly monitor compliance by FDM of the 10 - days process cycle time. The FRO shallinform the Head of Office or the designated Officer of the status of the request in casethe process cycle time (PCT) is already beyond the 10-day period.

Moreover, the FRO upon initial evaluation of the request resulted to any of thefollowing circumstances, may already advise the requesting party that the FOI request isdenied and an official response letter shall be issued:

(a) the information/document requested in not available or not within theauthority of the Office to issue such information; or

(b) the information requested is listed as one of the exceptions; or(c) the information/document requested is substantially similar or identical to a

request previously made.

SECTION 4. ROLE OF THE FDM IN PROCESSING THE REQUEST. - The

FDM upon receipt of the FOI request from the FRO, shall determine, clarify theinformation requested (if necessary), and provide/retrieve/generate the specificinformation in response to the request. Upon completion of the information, he/she shallendorse the documents to the FRO within ten (10) days from receipt of the request. The

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FRO shall record the date and time of receipt of the processed/approved FOI requestfrom the FDM.

In case the FDM needs clarification on the information being requested, he/sheshall, through the FRO, seek further details from the requesting party. During the periodof clarification, the counting of the fifteen (15) days will stop and shall commence againthe day after it receives the clarification from the party.

SECTION 5. ROLE OF FRO IN TRANSMITTING THE INFORMATION TO THEREQUESTING PARTY. - The FRO upon receipt of the information/documents from theFDM, shall check completeness of the documents/information provided with reference tothe FOI request. If found complete, the FRO shall prepare the response letter, (templateattached as Annex D), and endorse the same to the Head of Office or his designatedofficer for approval. The approved FOI request shall be transmitted to the requestingparty within 15 days upon receipt of the FOI request.

SECTION 6. REQUEST FOR AN EXTENSION OF PROCESSING TIME. - (a) Ifthe information requested requires extensive search from the office' records and storagefacilities, examination of voluminous records, or the presence/occurrence of fortuitousevents or other analogous cases within the period by which the request is beingprocessed, the FDM shall advise the FRO to inform the party for an extension in theprocess cycle time, a definite date is stated within which the request is expected to becompletely acted upon.

(b) The FRO shall inform the requesting party of the extension in the processcycle time and cite the reasons and/or circumstances for the request for extension. In nocase, shall the extension exceed twenty (20) days, on top of the mandated fifteen (15)days to act on the request, unless exceptional circumstances warrant a longer period.

SECTION 7. NOTICE TO THE REQUESTING PARTY OF THEAPPROVAL/DENIAL OF THE REQUEST. - The notice to the requesting party of theapproval or denial of the request shall be covered by a response letter, duly signed bythe Head of Office or his designated Officer.

SECTION 8. APPROVAL OF REQUEST. - In case of approval, the FRO shallensure that the information requested (as indicated in the FOI Request Form) iscompletely provided. Check however, if the data/information to be released does not fallin any of the listed exclusions in Annex A. The FRO shall within the prescribed period,prepare the response letter to the requesting party informing him that his FOI requestwas already processed, ready for release, and directed to pay the applicable fees, if any.

SECTION 9. DENIAL OF REQUEST. - In case of denial of the request wholly orpartially, the FRO shall, within the prescribed period, notify the requesting party of thedenial in writing using the prescribed response template. The notice shall clearly setforth the ground or grounds for denial and the circumstances on which the denial isbased. Failure to notify the requesting party of the action taken on the request within theperiod herein provided shall be deemed a denial of the request to information. All denialson FOI requests shall pass through the Head of Office or his designated Officer.

SECTION 10. PROCESS FLOWCHART. - The following process flowchart shallbe observed for the request of information:

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START

Receive FOI Request

Form

Key Steps

Check Compliance with

the Requirements

Evaluate Contents of

the Request

Transmit Request for

Processing

Assess, Evaluate and

Recommend Request

Release Response

Form and Information

END

Notify

requesting

party to

complete

requirements

Prepare and

Release

Response Form

Responsible Action Officers

FOI Receiving Officer (FRO)

FOI Decision Maker (FDM)

FOI Champions/Designated

FOI Receiving Officer (FRO)

12

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RULEV

REMEDIES IN CASE OF DENIAL

SECTION 1. REMEDIES. - A person whose request for access to informationhas been denied may avail of the following:

(a) Denial of a request may be appealed by filing a written appeal to theNLRC Central Appeals and Review Committee within fifteen (15) calendar days from thenotice of denial or from the lapse of the period to respond to the request.

The appeal shall be decided by the Head of the NLRC office concerned upon therecommendation of the Central Appeals and Review Committee within thirty (30)working days from the filing of said written appeal. The party requesting for the appealshall be informed of the decision within 10 working days from promulgation, through theFRO. Failure to decide within the 30-day period shall be deemed a denial of the appeal.

(b) Upon exhaustion of administrative FOI appeal remedies, the requestingparty may file the appropriate judicial action in accordance with the Rules of Court.

RULE VI

FEES

SECTION 1. NO REQUEST FEE. - The NLRC shall not charge any fee foraccepting requests for access to information.

SECTION 2. REASONABLE COST OF REPRODUCTION AND COPYING OFTHE INFORMATION. - The FRO shall immediately notify the requesting party of anyreproduction and copying fee to provide the information. Such fee shall be the actualamount spent by the concerned NLRC Office in providing the information to therequesting party. Official Receipts shall be issued upon payment of applicable fees. Theschedule of fees shall be posted by the concerned NLRC Offices.

SECTION 3. EXEMPTION FROM FEES. - The NLRC may exempt anyrequesting party from payment of fees, in case of pauper or indigent clients uponpresentation of certificate of indecency from the barangay.

RULE VII

ADMINISTRATIVE LIABILITY

SECTION 1. NON-COMPLIANCE WITH FOI. - Failure to comply with theprovisions of this Manual shall be a ground for the following administrative penalties:

a. 1st Offense - Reprimand;b. 2nd Offense - Suspension of one (1) to thirty (30) days; andc. 3rd Offense - Dismissal from the service.

SECTION 2. PROCEDURE. - The Revised Rules on Administrative Cases in theCivil Service shall be applicable in the disposition of cases under this Manual.

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ANNEX "A"(List of FOI Exceptions)

LIST OF EXCEPTIONS

The NLRC recognizes the right of the people to information on matters of publicconcern. Access to official records, documents and information pertaining to official acts,transactions, or decisions, as well as government generated data/information andresearches used as basis for policy development shall be afforded the public, subject tosuch limitations as may be provided under Executive Order No. 2 Series of 2016.

1. Information covered by Executive privilege;2. Information classified as confidential or privileged relating to national

security, defense or international relations;3. Information concerning law enforcement and protection of public and

personal safety;4. information classified as confidential for the protection of the privacy of

persons and certain individuals such as minors, victims or crimes, or theaccused;

5. Information, documents or records known by reason of official capacity andare deemed as confidential, including those submitted or disclosed byentities to government agencies, tribunals, boards, or officers, in relation tothe performance of their functions, or to inquiries or investigation conductedby them in the exercise of their administrative, regulatory or quasi-judicialpowers;

6. Prejudicial premature disclosure and drafts;7. Records of proceedings or information from proceedings which, pursuant to

law or relevant rules and regulations, are treated as confidential orprivileged;

8. Matters classified as confidential under banking and finance laws, and theiramendatory laws; and

9. Other exceptions to the right to information under laws, jurisprudence, rulesand regulations.

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ANNEX"B"(Heads of Offices/FOI Champions and FOI Receiving Officers)

OFFICE OF THE CHAIRMAN

7th Floor, PPSTA BIdg. 5, Banawe, Quezon City

Overall FOI ChampionGERARDO C. NOGRALES

Chairman

OFFICE

Office of the Chairman

-Office of the Executive

Clerk of Court, Records &Docket Unit,

and Central Receiving &Mailing Unit

Human Resource

Development & GeneralAdministrative Services

Finance and ManagementServices

Legal and EnforcementDivision

Research, Information &Publication Division

(Planning, PerformanceMonitoring & Management

Information)First Division

(Commission Proper)

Second Division

(Commission Proper)

Third Division

(Commission Proper)

Fourth Division

(Commission Proper)

HEAD OF OFFICE/FOI

CHAMPION

GERARDO C. NOGRALES

Chairman

ELENITA F. CRUZ

Executive Clerk of Court IV

AMALIA L. CELINO

Officer-ln-Charge

ELVIRA F. CRUZ

Director II

MARIA RICASION B. TUGADI

Director II

PURDEY P. PEREZ

Officer-ln-Charge

EMELITA A. PIMENTEL

Board Secretary

GREGORIO O. BILOG

Presiding Commissioner

ALEX A. LOPEZ

Presiding Commissioner

GRACE M. VENUS

Presiding Commissioner

OFFICE

ADDRESS/

CONTACT

INFORMATION

Rm. 711, PPSTA BIdg5, Banawe, Quezon

City711-1554

Rm. 712, PPSTA BIdg.5, Banawe, Quezon

~City -781-7877

5"1 Floor, PPSTA BIdg.5, Banawe, Quezon

City740-7733

6'n Floor, PPSTA BIdg5, Banawe, Quezon

City781-7870

Rm. 815, PPSTA BIdg.5, Banawe, Quezon

City740-7732

Rm. 415, PPSTA BIdg.5, Banawe, Quezon

City781-7881

Rm. 814, PPSTA BIdg.5, Banawe, Quezon

City740-7729

Rm .701, PPSTA BIdg.5, Banawe, Quezon

City740-7734

Rm .803, PPSTA BIdg.5, Banawe, Quezon

City740-7735

4,n Floor, PPSTA BIdg.5, Banawe, Quezon

City749-0668

DESIGNATED FOI

RECEIVING

OFFICER

DANILO R. PAMBUAN

Labor Arbitration

Associate

REAH M. AGUIRRE

Attorney III

KATHERINE MAE S.

BAUTISTA

Administrative Officer V

MARIA CAROLINA N.

CERVANTES

Administrative Officer

IV

ROWEL Z. DELA

ROSA

Board Secretary

AILEN MAY A.

HERMANO

Administrative Aide VI

CRISTETA E. REYES

Administrative Officer V

GILBERT T. DE

UNGRIA

Acting DeputyExecutive Clerk of

Court

VAN CHRISTIAN O.

LEYNES

Acting DeputyExecutive Clerk of

Court

MA. ROSELETTE P.

GONZALO

Deputy Executive Clerkof Court

15

Page 17: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

Fifth Division GRACE M. TAN 4in Floor, PPSTA BIdg. DIVINA L. BAUTISTA

(Commission Proper) Presiding Commissioner 5, Banawe, Quezon Deputy Executive ClerkCity of Court

781-7863

Sixth Division JOSEPH GERARD MABILOG 6in Floor, PPSTA BIdg. PABLO M. MAYOR,(Commission Proper) Presiding Commissioner 5, Banawe, Quezon JR.

City Acting Deputy712-8329 Executive Clerk of

Court

Seventh Division VIOLETA O. BANTUG 5/F DOLE BIdg. cor. JUVE ANN N. PEQUE(Commission Proper) Presiding Commissioner Gen. Maxilom & Deputy Executive Clerk

Gorordo Ave., Cebu of CourtCity

(032) 232-8940nlrc_7th_division@yah

oo.com

Eight Division BARIO-ROD M. TALON 2/F Henry Tan BIdg., JEAN B. DOMABOC-(Commission Proper) Presiding Commissioner Tirso Neri St., MUNEZ

Cagayan de Oro City Labor Arbiter/Acting(088)857-1938 Deputy Executive Clerk

of Court

National Capital Region JENNETH B. NAPIZA Rm. 306, PPSTA BIdg. EMILIO G. SANTOSArbitration Branch Executive Labor Arbiter 5, Banawe, Quezon Chief Administrative

City Officer781-7859

Cordillera Administrative MONROE C. TABINGAN #17 2/FManongdo ALBERT MAGNO L.Region Executive Labor Arbiter BIdg., Private Road, CORTEZ

Magsaysay Ave. Administrative Officer VBaguio City

(074) [email protected]

Regional Arbitration IRENARCO R. RIMANDO 2/F GSMA BIdg. Gov. MARIBEL LOURDESBranch 1 Executive Labor Arbiter Ortega-Gen. Luna Sts. B. MARANAN

San Fdo., La Union Administrative Officer V(072) 607-8362

maribellourdesmarana

[email protected] Arbitration MA. LOURDES R. BARICAUA Casibang Compound, MINA P. DANAO

Branch II Executive Labor Arbiter Caritan Sur,Tuguegarao City,

Administrative Officer V

Cagayan(078) 846-1472

[email protected]

Regional Arbitration REYNALDO V. ABDON 4,n Floor ASCORP ELIZABETH 0. DIZONBranch III Executive Labor Arbiter BIdg Mc Arthur

Highway Dolores, Cityof San Fernando,

Pampanga(045)961-2431

Administrative Officer V

[email protected]

Regional Arbitration GENEROSO V. SANTOS 2/F Hectan BIdg. MARLO LEX N.

Branch IV Executve Labor Arbiter Commercial Center, TANODRANational Highway cor. Administrative Officer VChipeco Ave., Brgy.

Halang, Calamba City(049)985-3869

generososantos@yahoo com

Regional Arbitration JOSE C. DEL VALLE 3/F M. Dy BIdg. Rizal EDITH C.

Branch V Executive Labor Arbiter St., Legazpi City BUENAAGUA(052)481-4248 Administrative Officer V

[email protected] /

16

Page 18: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

[email protected] Arbitration JESSIE G. SULLANO 2/F S.C. Divinagracia JOCELYN C. OCHON

Branch VI Executive Labor Arbiter BIdg., Quezon-Delgado Sts. Iloilo City

(033) 337-8781nlrc.iloilo@yahoo.

com

Administrative Officer V

Negros Island Region JESSIE G. SULLANO (con.) Level 2, East Two, PAG-ASA C. DEExecutive Labor Arbiter Corporate Center PADUA

Circumferential cor. Administrative OfficerDiola St., Villamonte, IV

Bacolod City(034)433-6149

[email protected] Arbitration EMILIANO C. TIONGCO, JR. 2/F Lim's Brotherhood SABRINA S. VARELA

Branch VII Executive Labor Arbiter Foundation, Inc. Labor ArbitrationOsmena Blvd. and J. AssociateLlorento Sts. Capitol

Site, Cebu City(032) 253-5529

[email protected]

Regional Arbitration AMELIA B. DOCENA DOLE Compound CYNTHIA L. MATEBranch VIII Executive Labor Arbiter Trece Martires St.,

Tacloban City(053)832-0116

[email protected]

Administrative Officer V

Regional Arbitration RHETT JULIUS J. PLAGATA Dagdad BIdg. II, San ABDULWAHAB M.Branch IX Executive Labor Arbiter Jose Road, Baliwasan, ABDULWAHID

Zamboanga City Administrative Officer V(062)991-4698

[email protected]

Regional Arbitration RAMMEX C. TIGLAO Top Score BIdg. VIOLETA G. SUAZOBranch X Executive Labor Arbiter National Highway,

Kauswagan, Cagayande Oro City

(088) 857-2672rab10_nlrc@yahoo.

com

Administrative Officer V

Regional Arbitration ELMER BEN V. PASION 3/F JLF Parkway BIdg. CHRISTELYN E.Branch XI Executive Labor Arbiter Magallanes cor. ROTANTE

Quirino Sts. Davao Administrative Officer VCity

(082)321-5210xtyrotante@yahoo.

com

Regional Arbitration JOCELYN A. VASALLO Rm. 200 JYC BIdg. GINA THERESA C.

Branch XII Executive Labor Arbiter cor. Arellano & DUCANESAldeguer Sts. Zone 3, Administrative Officer V

Koronadal City(083) 228-6232

nlrd [email protected] Arbitration EXEQUIEL M. DAYOT III 2/F Veterans Bank MACBETH G.

Branch XIII Executive Labor Arbiter BIdg. J.C Aquino Ave. CAHILESButuan City Administrative Officer

(085) 342-5006 IVnlrcbutuan@yahoo.

com

17

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ANNEX"C"

(FOI Request Form)

B

v^~*^/ FREEDOM OF INFORMATION REQUEST FORMTracking Number:

Please read thefollowing informationcarefully beforeproceeding withyour applicarion Use blue or black ink. Writeneatly and mBLOCKletters. Improper or incorrectly-filled outforms will not be acted upon Tickor markboxes with "JC where necessary. Allfield: are to befilled up completely.

A. Requesting Party

1. Given Name 2. Surname 3. Middle initial

4. Complete Address (Apt/House Number, Street. City/Municipality, Province)

5. Landline/Fax Number 6. Mobile Number 7. Email Address

8. Preferred Mode of Communication • Landline G Mobile Number D Email D Postal Address

9. Preferred Mode of Receiving Reply • Email • Postal Address • Fax • Pick-Up

10. Type of ID Given (Please ensure

your ID's contain your photo and

signature)

B. Requested Information

11. Department/Agency/Office

12. Title of Document/RecordRequested (Pteose be os oeioHeo aspossible;)

13. Date/Period Covered

14. Purpose/s

15. Document Type

C. Declaration

D Passport D Driver's License

D School ID D Company ID

D Postal ID • Voter's ID

O SSS ID D Others

16. Reference Number

Pnvocy Notkt: Once deemed valid, your information from your application will be used bytheAgency you hove applied to, to dealwith youroppHcotion os set out in the Freedom of information Executive Order /*>. 2. if theDeportment orAgency givesyouaccess to a document, andifthe document contains no personal informationobout you, the document willbe publishedonline in the Deportment'sor Agenc/s disclosurelog,alongwith your nameandthedote you cppt<ed, and, ifanother person, company orbody wl!useorbenefitfromthedocuments sought, thenameof thotperson, entity orto&y

i declare thot:

I) The informouon provided in theform is complete and correct, 2) i hove readthe Privacy nonce; 3) I have presented ot least one (1)govemment-rssued 10toestablish proofof nv/identity.

Iunderstand thotit ison offensetogivemisleading information cbovtmyidentity, andthaido<r<g so,mayresult ina decision torefuse to processmyappHcobon

Signature of Requesting Party

Date Accomplished (DD/MM/YY)

18

Page 20: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

D. FOI Receiving Officer/Decision Maker [for internaluse otify)

FOI Receiving Officer{Nome, Posirion/DesignaTKin)

Date/Month/Year/ Time of Receipt

Proof of ID Presented by the

Applicant (Photocopies of

origirrol IDshould be attoched)

• Passport • Driver's License D SSS ID d Postal ID D Voter's ID

D SchoolID D Company ID O Others

The request is recommended to be: D Accepted/Approved

Date Documents Received By/Sentto the Applicant (Date/Month/Year)

Date encoded in the FOIRegistry(Dote/Month/Yeor)

FROSignature

: Document Avsil9We cm File

~ Document A/salable CrJine

c Information to be Generated

D Referred to

o DOLE Orfice'Attsched Agency- Other Government Agency

J.

D Denied

a Goojmen* Not Available

i lnfom\ation Identified Unoer Exceptionsr- Request Idantocai to Previous Request

- Request Not Valid

FOI Decision Maker (FDM)(Nome. Poshion/Desiqnation)

Decision on FOI Application :

Request for Extension of ProcessCycleTime (Numoer of Ooys/Reoson/s)

Date Request Completely

Acted Upon (Dote/f>iontruyeor)

FDMSignature

Date (Date/Month/feor)

G Approved D Referred to

(state re.ioon/s;• Denied

(state reason/si

FOI Champion (Head of AgencyJ/Designated Representative Action Taken:

Sianature over Pnnted Name

• Approved

D Referred

D Denied

19

Page 21: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

ANNEX "D"(FOI Response Template)

Republic of the PhilippinesDepartment of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSION

Quezon City

(Name of Requesting Party)

Dear

(Date)

Greetings!

In connection with your request for information on (title of document/record/datarequested/period covered) under the Freedom of Information (Executive Order No. 2 s.2016) filed in this Office on (date/month/year).

For Approved FOI Request:

Your request is (approved), we are providing you (some/most/all) the information yourequested, as follows:

1

2.

3.

For Denied FOI Request:

Your request is (denied), further evaluation of your request, the information youidentified is (among the exceptions listed in Annex A; identical to the previous FOI requestacted upon by this Office on ).

For Referred FOI Request:

Your request was referred to (state the name of office/organization, address, contactdetails, name and contact number of FOI Receiving Officer, if available) on(date/month/year). You may wish to contact the designated FOI Receiving Officer of saidoffice, he/she may be able to assist you on your request.

For Request for Review or Appeal:

If you are not satisfied with the response to your FOI request, you may request for aninternal review of the response, by writing to the <Head of Office - name/position/officeaddress/contact details/e-mail address>. Your request for review should explain why you aredissatisfied with the response, the filing of which should be made within 15 calendar days

20

Page 22: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

from date of receipt of the response. You will be informed of the result within 30 calendardays from date of receipt of your review request.

Thank you.

Very truly yours,

Head of Office (or Designated Representative)

21

Page 23: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

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Republic of the PhilippinesDepartment of Labor and Employment

NATIONAL LABOR RELATIONS COMMISSIONQuezon City CES ZZS

Certificate No.: AJA15-0048E

ADMINISTRATIVE ORDER NO.(Series of 2017)

(H-o4

IMPLEMENTATION OF NLRC FREEDOM OF INFORMATION MANUAL

In compliance with Executive Order No. 2, series of 2016 and FOI Memorandum Circular(MC) No. 01, series of2017, and pursuant to En Banc Resolution No. 09-17, NLRC Freedom ofInformation (FOI) People's Manual is hereby implemented in the Commission effectiveimmediately.

All FOI Champions and designated FOI Receiving Officers (FROs) are directed to followand adopt the FOI Standard Procedure in receiving, evaluating, processing, transmitting andapproving or denying FOI Requests under Article IV of the Manual using the appropriate formsas atttached.

Moreover, as part of the compliance to the FOI Program implementation, all FROs shallsubmit quarterly both electronic and hard copy of the Office Information Inventory and theStandard FOI Registry (Annexes E and F), attaching all accomplished FOI Requests Formsevery 25th day of the month following the reference quarter to the Administrative Division thruemail addresses [email protected] and [email protected] foreventual submission of the same to the Presidential Communications Operations Office(PCOO).

Failure to comply with the provisions of the Manual shall be a ground for administrativeand disciplinary sanctions.

For information and compliance of all concerned.

05 July 2017

JEr^TOOvl^NOGFRALES

nrt^ Chairman

PPSTA Building No.5, Banawe Avenue corner P. Florentino Street, 1114 Quezon Citywebsite; www.nlrc.dole.gov.ph e-mail address: nlrcmlsiavahoo.com

o

Page 25: PEOPLE'S MANUAL...provided by Section 10 of RA 8042, as amended by RA 10022; and, j. Other cases as may be provided by law. SECTION 4. ORGANIZATIONAL STRUCTURE. - Theorganizational

?-

07 July 2017

Republic of the Philippines

PRESIDENTIAL COMMUNICATIONS OPERATIONS OFFICEMalacanang, Manila

GERARDO C. NOGRALES

Chairman

National Labor Relations Commission (NLRC)PPSTA BIdg., No. 5, Banawe cor.P., Florentino Sts., Quezon City"

Dear Chairman NOGRALES:

Greetings from the PCOO!

Please accept our gratitude to the National Labor Relations Commission (NLRC) forcomplying with the FOI Program and for supporting PCOO initiatives to ensure thesmooth implementation of the Program.

We would like to gladly inform you that, after a thorough review of your FOI Manual,NLRC is FULLY COMPLIANT with EO No. 2, s. 2016.

Once again, thank you for supporting the FOI Program.

Very truly yours,

ATTY. KRISTIAN R. ABLAN

Assistant Secretary andFOI Program Director

New Executive Building Jose P. Laurel St., San Miguel, Manila, Philippines