Department of Justice

13 November 2018

Dear Mr. Mark Benjie Paos,

Greetings!

Thank you for your request dated Oct 31, 2018 08:26:48 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked the Department of Justice (DOJ), for research purpose, information pertaining to “mysterious and creepy” calls, incidents, cases, and reports, whether solved or unsolved.
 
Response to your request

While our aim is to provide information whenever possible, in this instance the vagueness of your request prevents this Office from adequately responding thereto. 

Moreover, in the case of Valmonte v. Belmonte Jr, G.R. No.74930, 13 February 1989, it has been clarified that the right to information does not include the right to compel the preparation of "lists, abstracts, summaries and the like." In the same case, it was stressed that it is essential that the "applicant has a well -defined, clear and certain legal right to the thing demanded and that it is the imperative duty of defendant to perform the act required." Hence, without the foregoing substantiations, the Court cannot grant a particular request for information. (Belgica v. Ochoa, GR No. 208566, 19 November 2013)

The pertinent portions of Valmonte v. Belmonte Jr are hereunder quoted: 
                                                                   
                                                                   x x x
	Although citizens are afforded the right to information and, pursuant thereto, are entitled to "access to official records," the Constitution does not accord them a right to compel custodians of official records to prepare lists, abstracts, summaries and the like in their desire to acquire information on matters of public concern. 
                                                                  x x x

For further assistance you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Hon. Menardo I. Guevarra, Secretary of Justice. Your review request should explain why you are dissatisfied with this response, and should be made within fifteen (15) calendar days from the date when you received this letter. We will complete the review and tell you the result thereof within thirty (30) calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,
FOI Decision Maker
FOI Officer