Requested from PNP by K. Mountney at 09:39 PM on
Oct 11, 2022.
Purpose: Exercising my Constitutional Right, and evidence to crime
Date of Coverage: 07/01/2016 - 08/28/2016
Tracking no: #PNP-720260933266
Mountney 09:39 PM, Oct 11, 2022
PRO9 Zamboanga - RPIO Attention : PMAJ SHELLAMIE T CHANG - Officer-In-Charge
Digital Capture of all Alleged emails sent from rpiopro9@gmail.com RPIO PRO9 to bernardtan8888@gmail.com between July 1, 2016 to August 28, 2016 including alleged attached Daily Journals for Publication
If there were no emails sent as requested above, please provide a Certificate stating the same
If they have been deleted, please provide Authorization from Director General of National Archives received prior to the deletion of these Public Records
Mountney 09:40 PM, Oct 11, 2022
I note - PMAJ SHELLAMIE T CHANG - Officer-In-Charge RPIO PRO9 verbally stated that no such emails exist, and if this is the fact, then kindly provide an Official Certificate stating the same
Philippine National Police 03:29 PM, Oct 12, 2022
October 12, 2022
Dear Kisha Marie,
Thank you for your request dated Oct 11, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Digital Capture of emails sent from rpiopro9@gmail.com RPIO PRO9 to bernardtan8888@gmail.com.
We received your request on Oct 11, 2022 and will respond on or before Nov 01, 2022 09:39:01 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://foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFBOUC03MjAyNjA5MzMyNjYM, for request with ticket number #PNP-720260933266.
Thank you.
Respectfully,
ITMS Receiving Officer Philippine National Police
FOI Officer
October 27, 2022
Dear Kisha Marie Mountney,
I refer to my letter of Oct 11, 2022 09:39:01 PM; about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Digital Capture of emails sent from rpiopro9@gmail.com RPIO PRO9 to bernardtan8888@gmail.com.
Our response to your request is due on Nov 01, 2022 09:39:01 PM. Unfortunately, it is taking longer than expected to deal with your request because the particular Data you are requesting is being collected briefly.
I apologize for this delay but have applied for an extension so we could work further on your request. We hope to be able to send you a response on or before Nov 29, 2022 09:39:01 PM.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://zcwdv520190208-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFBOUC03MjAyNjA5MzMyNjYM, for request with ticket number #PNP-720260933266.
Thank you.
Respectfully,
PRO 9 Philippine National Police
FOI Officer
Mountney 11:09 AM, Oct 27, 2022
NEIL B ALINSANGAN,
PNP REGIONAL DIRECTOR
FREEDOM OF INFORMATION DECISION MAKER
PRO9, ZAMBOANGA,
Could you kindly explain why you are delaying my FOI Request, which is evidence in a criminal matter?
How long does it take to go to the "Sent Box" of the email account of rpiopro9@gmail.com RPIO PRO9 and search the Sent Box for bernardtan8888@gmail.com ?
Five minutes ?
PMAJ SHELLAMIE T CHANG - Officer-In-Charge RPIO PRO9 verbally stated that no such sent emails exist, and if this is the fact, then kindly provide an Official Certificate stating the same
Mountney 01:29 PM, Nov 02, 2022
NEIL B ALINSANGAN,
PNP REGIONAL DIRECTOR
FREEDOM OF INFORMATION DECISION MAKER
PRO9, ZAMBOANGA,
Could you kindly explain why you are delaying my FOI Request, which is evidence in a criminal matter?
How long does it take to go to the "Sent Box" of the email account of rpiopro9@gmail.com RPIO PRO9 and search the Sent Box for bernardtan8888@gmail.com ?
Five minutes ?
PMAJ SHELLAMIE T CHANG - Officer-In-Charge RPIO PRO9 verbally stated that no such sent emails exist, and if this is the fact, then kindly provide an Official Certificate stating the same
Mountney 02:58 PM, Nov 02, 2022
NEIL B ALINSANGAN,
PNP REGIONAL DIRECTOR
FREEDOM OF INFORMATION DECISION MAKER
PRO9, ZAMBOANGA,
PMAJ SHELLAMIA T CHANG, the now head of RPIO PRO9 has stated in a recorded telephone conversation, there are no such emails with attached "Daily Journals" sent from rpiopro9@gmail.com to bernardtan8888@gamil.com (what I have requested in this FOI Request and what ROGELIO ALABATA has sworn under oath, exist).
Delaying my FOI Request is Obstructing Justice, and any and all involved will be charged. You are fully aware this Certificate is required prior to Monday November 7, 2022, in Court.
I have just spoken to PRO9 and they claim delays due to the recent Typhoon - that occurred after you required period to release.
They Officer also mentioned Privacy Data, which you are fully aware does not apply.
What is next? a Martian attack on Mindanao? PRO9 is bringing the whole PNP into disrepute with this OBSTRUCTION
Mountney 08:53 PM, Nov 03, 2022
Freedom of Information Decision Maker, PRO9, you are fully aware this Public Information is required in Court Monday morning in the Prosecution of a Criminal Case. If the information is not released prior, you have Obstructed Justice.
I have officially requested you give me (which is required to be given by law) a valid reason (which is required by law) for you extending the release of information by an additional 30 days, when you have already had 15 days, and in some Requests a lot more, and I have had no response.
Philippine National Police 10:40 AM, Nov 08, 2022
November 8, 2022
Dear Kisha Marie Mountney,
Greetings!
Thank you for your request dated Oct 11, 2022 09:39:01 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You asked for Digital Capture of emails sent from rpiopro9@gmail.com RPIO PRO9 to bernardtan8888@gmail.com.
Response to Request
Your FOI request is approved. I enclose a copy the information you requested.
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 PRO9 FOI Section. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 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,
PRO 9 Philippine National Police
FOI Receiving Officer
Attachments:
Digital Capture of emails sent from rpiopro9@gmail.com RPIO PRO9 to bernardtan8888@gmail.com.pdf
Mountney 05:03 PM, Nov 08, 2022
My FOI Request clearly stated - "If they have been deleted, please provide Authorization from Director General of National Archives received prior to the deletion/destruction of these Public Records"
You have now stated the emails have been deleted/destroyed, but failed to provide the prior Authorization from National Archives to destroy public documents, as required by law.
Attached is a Certificate from National Archives stating no prior Authorization was given to PRO9 to destroy these emails, hence, a crime has been committed under RA9470.
Please provide the name of the PNP PRO9 Officer that has destroyed these public documents, instead of Archiving them and storing them elsewhere as required by law?
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