University of the Philippines Diliman

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    Date: 2023-04-04 05:51:38.671659

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    Date: 2023-04-11 05:14:33.895725

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Document to prove publication of the BI Dress Code

Requested from UPD by A. Norkin at 05:51 AM on Apr 04, 2023.
Purpose: personal
Date of Coverage: 01/01/2013 - 12/30/2013
Tracking no: #UPD-188080692131

Norkin 05:51 AM, Apr 04, 2023 

Good Morning!

Thank you for prompt response in relation to Dress Code Policy of BI (#BI-309899766052).


According to ss.18, 24 of Book 1 of the Executive Order No. 292 Circulars take effect from the publication in Official Gazette. I made a search and not be able to find that document. Could you please provide me a proof (document) of publication.

Officer 05:14 AM, Apr 11, 2023 

April 11, 2023

Dear Mr. Norkin,

Greetings!

Thank you for your request dated Apr 04, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request:

You asked for Document to prove publication of the BI Dress Code.

Response to your request:

Since you did not provide proof of Filipino citizenship which is required under the UP FOI Manual, we regret that in the meantime we are constrained to DENY your request.
Article III Section 7 of the 1987 Constitution which is the basis for the requirement under the UP FOI Manual states:
“The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”
Refer also to the FAQ at https://www.foi.gov.ph/help
You must also submit the following certification  as required by the UP Diliman FOI Manual via email to fro.updiliman@up.edu.ph once you have re-filed your request via the eFOI portal. 
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CERTIFICATION TO BE SIGNED BY REQUESTING PARTY WHO FILED VIA THE EFOI PORTAL AND/OR USED THE APPLICATION FORM IN THE EFOI PORTAL
I declare that:
a.       the information I provided in the eFOI  portal and/or the eFOI request form   is complete and correct;
b.      I agree that the abovementioned information I provided,  including my personal information,  will be uploaded by the University in the eFOI portal https://www.foi.gov.ph/ so as to enable UP to efficiently process, monitor and track my request and enable me to view the processing of the same online.
c.       I have read the University of the Philippines Diliman Privacy Notice for the Processing of Freedom of Information Requests aside from the Privacy Notice found in the eFOI request form and the eFOI portal; and
d.     I understand that in the event my request is granted and information is provided by UP that I am duty bound to process or use the information only for the purpose(s) stated in my request pursuant to the provisions of EO 2 Series of 2016, RA 6713 and its IRR and the Philippine Data Privacy Act and related issuances and that I will hold UP free and harmless from all liabilities for the unauthorized use of the information provided to me.
I certify to the truthfulness of the information contained in the eFOI request form  application, including the information on my Filipino citizenship.
Signature:                                                                                                                              _____________________________________________                                                                                                                                                                  Person Administering Oath (i.e., notary public, mayor or barangay captain)


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Once you are able to provide a government issued identification card indicating your Filipino citizenship and the certification above, you may re-file your request within a period of sixty (60) days from receipt of this letter.

Thank you very much.

Respectfully,
PAULYN TUSI
FOI Receiving Officer
UP Diliman

*Please click here for customer feedback: https://bit.ly/3PIbGW1


Greetings!

Can I seek a review of the decision above on the following grounds:
1.  References to manual as source of my legal obligations are inappropriate. 
2. Certification under an oath is not intended or prescribed by law.
3. Information holder do not have evidence if I am citizen or not. Law does not authorise to rise requisitions.
4. Jurisprudence suggests that categories "people" and "citizens" are to be interpreted broadly.
https://lawyerphilippines.org/foreign-citizens-and-the-bill-of-rights-in-the-philippine-constitution/

Kind regards,
Anton Norkin

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