Requested from PNP by K. Mountney at 04:52 PM on
Jan 20, 2023.
Purpose: Exercising my Constitutional Rights to Public Records and File Criminal Charges
Date of Coverage: 12/08/2022 - 12/08/2022
Tracking no: #PNP-721047381512
Mountney 04:52 PM, Jan 20, 2023
Please issue CERTIFICATE OF DESTRUCTION under Philippine National Police Freedom of Information Handbook, Section 2.3 g for DESK SERGEANT LOG BOOKS PRE - 2017
g. If the document/record being requested is not
available, for reason of disposal or no such record
is being maintained, a Certification on the nonavailability of the record shall be provided to the
requesting person.
Mountney 05:00 PM, Jan 20, 2023
August 6, 2022 Dipolog City Police Station - Requested to view and copy Entry in Desk Sergeants Record book 2008 and it was found all Desk Sergeant Record books prior to 2017 have been destroyed.
Photo attached post-2017 books taken August 6, 2022
Pre-2017 Books Destroyed
I have not been issued Certificate previously and I require as per FOI PNP Rules Regulations Section 2.3 g
Photo attached Post 2017 Books
Philippine National Police 11:31 AM, Jan 21, 2023
January 21, 2023
Dear Kisha Marie,
Thank you for your request dated Jan 20, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Certificate of Destruction Dipolog City Police Station PRO9 - Re: PNP FOI Manual Section 2.3 g.
We received your request on Jan 20, 2023 and will respond on or before Feb 10, 2023 04:52:20 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://shop.efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFBOUC03MjEwNDczODE1MTIM, for request with ticket number #PNP-721047381512.
Thank you.
Respectfully,
ITMS Receiving Officer Philippine National Police
FOI Officer
Mountney 10:40 PM, Jan 21, 2023
As you have already had much more than 35 working days to fulfill my FOI request, and waited until the 34th day to Deny and state you wanted a more detailed reason for my Request than "Legal" even though you have previously approved my Requests with the reason stated as "Legal", one would expect this is processed well within the 15 days allowable.
I also point out the LAW;
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 02
SECTION 6. Application and Interpretation. There shall be
a legal presumption in favor of access to information, public
records and official records. No request for information shall
be denied unless it clearly falls under any of the exceptions
listed in the inventory or updated inventory of exceptions
circularized by the Office of the President provided in the
preceding section.
The determination of the applicability of any of the exceptions
to the request shall be the responsibility of the Head of the
Office which is in custody or control of the information,
public record or official record, or the responsible central or
field officer duly designated by him in writing.
In making such determination, the Head of the Office or
his designated officer shall exercise reasonable diligence
to ensure that no exception shall be used or availed of
to deny any request for information or access to public
records, or official records if the denial is intended primarily
and purposely to cover up a crime, wrongdoing, graft or
corruption.
Philippine National Police 10:23 AM, Jan 23, 2023
Good Day Sir/Ma'am
Please be informed that your FOI request was received by PRO9 FOI section.
Thank You.
Respectfully,
PRO9 FOI Receiving Officer
Mountney 06:16 AM, Jan 25, 2023
PRESIDENTIAL DECREE No. 1829
Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases;
(c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction;
Philippine National Police 11:46 AM, Feb 08, 2023
February 8, 2023
Dear Kisha Marie Mountney,
I refer to my letter of Jan 20, 2023 04:52:20 PM; about your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Certificate of Destruction Dipolog City Police Station PRO9 - Re: PNP FOI Manual Section 2.3 g.
Our response to your request is due on Feb 10, 2023 04:52:20 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 Mar 10, 2023 04:52:20 PM.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://zcwdv420190208-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFBOUC03MjEwNDczODE1MTIM, for request with ticket number #PNP-721047381512.
Thank you.
Respectfully,
PRO 9 Philippine National Police
FOI Officer
Philippine National Police 09:53 AM, Mar 01, 2023
March 1, 2023
Dear Kisha Marie Mountney,
Greetings!
Thank you for your request dated Jan 20, 2023 04:52:20 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You asked for Certificate of Destruction Dipolog City Police Station PRO9 - Re: PNP FOI Manual Section 2.3 g.
Response to Request
Please be informed that PRO9 adheres to the Constitutional mandate of upholding the right to Freedom of Information subject to certain requirements and restrictions imposed by the law.
Unfortunately, the aforementioned request addressed to Dipolog City Police Station relevant to the alleged lost/destroyed desk sergeant logbooks in 2008 cannot be produced because it did not exist, pursuant to the Certificate of Non-Availability of Records issued by Dipolog City Police Station.
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, Camp. Abendan, Mercedes, Zamboanga City. 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).
Further, may we request to fill up the FOI Client/Customer Survey with the link provided to better improve our services regarding FOI: https://docs.google.com/forms/d/e/1FAIpQLSc0_DD1bx1ZnWey-d_CQr6a7yZsawf1-Up6tnM0ObkPcMTEHQ/viewform.
Thank you.
Respectfully,
PRO 9 Philippine National Police
FOI Receiving Officer
Attachments:
Dipolog CPS NON AVAILABILITY OF RECORDS.JPG
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