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  • REQUEST SUBMITTED

    You have submitted an FOI request

    Date: 2021-02-01 19:03:59.946656

  • PROCESSING REQUEST

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    Date: 2021-02-02 14:19:07.027897

  • REQUEST DENIED

    Your request was denied

    Date: 2021-03-10 10:12:56.609128

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I.S. NOS. III-10-INV-141-00930&931 (O.R.No.1881165C, O.R.No.9449705B, O.R.No.1881166C O.R.No.9449706

Requested from DOJ by J. Eusebio at 07:03 PM on Feb 01, 2021.
Purpose: The complaint for violation of RA No. 8749 is recommended dismissed.
Date of Coverage: 04/21/2016 - 02/01/2021
Tracking no: #DOJ-546022231153

Eusebio 07:04 PM, Feb 01, 2021 

This Office has no authority to investigate air pollution cases as defined under republic Act No. 8749 or the "Philippine Clean Air Act of 1999" It is the pollution Adjudication Board that has sole and exclusive jurisdiction over such cases per DENR Administrative Order No. 2000-81 dated November 7,2000 or Implementing Rules and Regulations for RA No. 8749. 
WHEREFORE, it is recommended that an information for violation of sec. 68 of PD No. 705 be filed against respondents Orlando R. Eusebio  and Enrico R. Eusebio.

Dulin 02:19 PM, Feb 02, 2021 

February 2, 2021

Dear Jennifer,

Thank you for your request dated Feb 01, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for I.S. NOS. III-10-INV-141-00930&931 (O.R.No.1881165C, O.R.No.9449705B, O.R.No.1881166C O.R.No.9449706.

We received your request on Feb 01, 2021 and will respond on or before Feb 22, 2021 07:03:59 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi01NDYwMjIyMzExNTMM, for request with ticket number #DOJ-546022231153.

Thank you.

Respectfully,

Irene Dulin
FOI Officer


March 10, 2021

Dear Jennifer Eusebio,

Greetings!

This Department notes that your request does not, in fact, contain a request. Rather, your query contains a submission that this Department has no "authority to investigate air pollution cases" as the same is under the sole and exclusive jurisdiction of the Pollution Adjudication Board. 

As your submission is not, in reality, a request, the undersigned cannot properly act on the same. Kindly course your concern to the appropriate office via the appropriate means available under the law.

Thank you.

Respectfully,
GEORGE O. ORTHA II
Chief State Counsel 
FOI Decision Maker

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