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    Date: 2021-02-23 13:12:31.006591

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    Date: 2021-02-24 08:40:21.604989

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    Date: 2021-02-24 15:44:26.906480

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Requirements of Notarized Documents, Affidavits, or Evidence

Requested from SEC by G. Graciadas at 01:12 PM on Feb 23, 2021.
Purpose: Public Interest
Date of Coverage: 01/01/2020 - 02/23/2021
Tracking no: #SEC-554397181099

Graciadas 01:12 PM, Feb 23, 2021

I would like to obtain any written, standardized, or adopted policies used by the SEC concerning the alleged requirement that documents, affidavits, or evidence be notarized.

There is not mention of notarization requirements on the SEC's website here: https://www.sec.gov.ph/lending-companies-and-financing-companies-2/complaints/

Furthermore, a reading of the Rules of Procedure does not mention any notarization requirement: https://www.sec.gov.ph/wp-content/uploads/2019/11/2016RulesofProcedures.pdf

What justification does the SEC to ask complainants to notarize documents?

Gonzales 08:40 AM, Feb 24, 2021

February 24, 2021

Dear Grace A.,

Thank you for your request dated Feb 23, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Requirements of Notarized Documents, Affidavits, or Evidence.

We received your request on Feb 23, 2021 and will respond on or before Mar 16, 2021 01:12:31 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/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFNFQy01NTQzOTcxODEwOTkM, for request with ticket number #SEC-554397181099.

Thank you.

Respectfully,

Isma Gonzales
FOI Officer

Gumtang- Remalante 03:44 PM, Feb 24, 2021

February 24, 2021

Dear Grace A. Graciadas,

Greetings!

Thank you for your request dated Feb 23, 2021 01:12:31 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for Requirements of Notarized Documents, Affidavits, or Evidence.

Response to Request

May I know more information about this query.  Currently, in our forms for complaints against lending and financing companies, we do not require the same to be notarized.  This is clear from our forms and you may access the link below:

https://www.sec.gov.ph/lending-companies-and-financing-companies-2/complaints/

I hope this clarifies this insofar as complaints for lending and financing companies are concerned.

Moreover, may I also request that when you file an FOI request, please provide a government issued ID.  It seems that the ID you provided is already expired and not a valid ID.

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 Commission Secretary thru comsec@sec.gov.ph. 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,

Atty. Rachel Esther Gumtang- Remalante
FOI Receiving Officer

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