Requested from SEC by R. MENDUA at 01:27 AM on
Sep 28, 2021.
Purpose: Public Interest
Date of Coverage: 01/01/2021 - 09/28/2021
Tracking no: #SEC-386976246548
MENDUA 01:27 AM, Sep 28, 2021
Recently, the SEC updated their FC/LC complaint form (https://www.sec.gov.ph/wp-content/uploads/2021/04/2021FORM_Updated-Complaint-Form.docx).
The new form states "Do not forget to provide evidence/proof that you have exhausted all remedies against the company concerned before filing your complaint with the SEC".
Further, in a virtual conference with a complainant, the SEC cited the above text and implied that a complaint can not be filed unless the complainant ask the FC/LC to resolve the concerns first.
I would like to obtain policy documents about why this new requirement is introduced.
Infante 07:31 PM, Sep 29, 2021
September 29, 2021
Dear RONALIE,
Thank you for your request dated Sep 28, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Justification / Policy Document and/or Citizen Charter Clarification of Updated Complaint Form.
We received your request on Sep 28, 2021 and will respond on or before Oct 19, 2021 01:27:16 AM, 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/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFNFQy0zODY5NzYyNDY1NDgM, for request with ticket number #SEC-386976246548.
Thank you.
Respectfully,
Violeta Infante
FOI Officer
Gumtang- Remalante 09:27 PM, Sep 30, 2021
September 30, 2021
Dear RONALIE MENDUA,
Greetings!
Thank you for your request dated Sep 28, 2021 01:27:16 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You asked for Justification / Policy Document and/or Citizen Charter Clarification of Updated Complaint Form.
Response to Request
As previously explained to you last 17 June 2021, the fastest way to resolve an issue regarding a loan contract is by contacting and coordinating with the company itself. A loan agreement is a contract binding between two parties, namely, the borrower and the lender (the company). Thus, most of the time, it is the company concerned which is in the best position and better equipped to address the problems of the other party, the borrower.
Therefore, complainant-borrowers must strive to reach out to and solve the issue with the Company first before filing a complaint with the SEC. After receiving an unfavorable response, or no response was received at all from the Company, they may then file a formal complaint with the SEC.
Nonetheless, we would like to invite you for a conference via Zoom to explain this requirement further. Please inform us immediately of your availability so we can send you the Zoom link and make further arrangements.
As to the mentioned conference with a complainant, we would like to reiterate our question before on how you were able to obtain the mentioned information given that the meeting was done exclusively with the complainant concerned? You may send your response to cgfd_md@sec.gov.ph.
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 at 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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