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  • REQUEST SUBMITTED

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    Date: 2020-08-09 17:08:33.120857

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    Date: 2020-08-11 09:27:21.261600

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    Date: 2021-03-08 14:44:53.222317

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DOJ Opinion MIG-L-April 22, 2019

Requested from DOJ by c. capulong at 05:08 PM on Aug 09, 2020.
Purpose: Research and review of legal basis of regulations.
Date of Coverage: 04/01/2019 - 04/30/2019
Tracking no: #DOJ-939525492264

capulong 05:08 PM, Aug 09, 2020 

The Department of Information and Communications Technology issued DICT Department Circular 09-2020 on May 29, 2020. In said circular it cites DOJ Opinion MIG-L-April 22, 2019 as a basis to state that "due to their rendition of service to a limited clientele, tower companies may not  be considered as public utilities for which the requirement of a congressional franchise or certificate of public convenience and necessity  may not be applicable."

However, DOJ Opinion MIG-L-April 22, 2019, is not available on either the DOJ or DICT websites. Does it exist? If yes, is it possible to provide it?

Dulin 09:27 AM, Aug 11, 2020 

August 11, 2020

Dear christopher,

Thank you for your request dated Aug 09, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for DOJ Opinion MIG-L-April 22, 2019.

We received your request on Aug 09, 2020 and will respond on or before Aug 28, 2020 05:08:33 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/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi05Mzk1MjU0OTIyNjQM, for request with ticket number #DOJ-939525492264.

Thank you.

Respectfully,

Irene Dulin
FOI Officer


08 March 2021

Dear Christopher Capulong,

Greetings!

With regret, this Department cannot favorably act upon your request for lack of information to support the instant request. Kindly provide this Department the information relevant and necessary to the instant request in order for us to properly and accordingly respond thereto.

Pursuant to the People’s Freedom of Information (FOI) Manual of this Department, a denial may be administratively appealed, in writing, to this Department’s Central FOI Committee within fifteen (15) calendar days, either from notice of denial, or from the lapse of the period to respond to the instant request. The appeal shall be decided by the Secretary of Justice, within thirty (30) calendar days from filing of said appeal, based on the recommendations of the above-said Committee. Note that the lapse of the thirty-day period without any decision having been rendered shall be deemed denial of the appeal.

If the decision on the appeal is unfavorable to the requester, or that the appeal was not acted upon within the thirty-day period, the requester may lodge an administrative appeal before the Office of the President pursuant to Administrative Order No. 22, s. 2011.

Upon exhaustion of administrative remedies, judicial action may be resorted by the requester in accordance with the Rules of Court.

Thank you.

GEORGE O. ORTHA II
Chief State Counsel 
FOI Decision Maker

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