Philippine Competition Commission

15 December 2020 
 
Mr. Jan Miguel Santos
 
Dear Mr. Santos, 
   
This has reference to your request dated 3 December 2020, denominated as a Freedom of Information (“FOI”) Request under Executive Order (E.O.) No. 2 (s. 2016) on Freedom of Information in the Executive Branch. 
 
Your request 
  
In your request, you requested ticket prices for films and cinema houses. Specifically, your request centered on:

1.	Average ticket price from 2015 to 2020.
2.	Ticket price of foreign films from 2015 to 2020.
3.	Ticket price of local films from 2015 to 2020.
4.	Ticket price per cinema houses from 2015 to 2020.
 
Response to your request 
   
Your request for information CANNOT BE PROCESSED and is DENIED.

The PCC is not the primary repository of the information requested and is not part of the  information, public records or official records that the PCC is in possession of or is mandated to maintain. Thus the information you have requested from the PCC is not the information contemplated under E.O. No.2, which defines “information”, “public records” and “official records” respectively as:

SECTION 1. Definition. For the purpose of this Executive Order, the following terms shall mean:

(a) “Information” shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.

(b) “Official record/records” shall refer to information produced or received by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty.

(c) “Public record/records” shall include information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.

Further, as defined in the Memorandum from the Executive Secretary dated 24 November 2016, providing for the Inventory of Exceptions to Executive Order No. 2, series of 2016 and as held in the case of Belgica v. Ochoa (G.R. No. 208566, 19 November 2013), access to information shall be denied when the information is not part of the duties of the government office requested, to wit:

For the implementation of the exceptions to the right of access to information, the following provide the salient details and legal bases that define the extent and application of the exceptions.

x x x

9. Other exceptions to the right to information under laws, jurisprudence, rules and regulations, such as:

x x x

d. Lists, abstracts, summaries of information requested when such lists, abstracts or summaries are not part of the duties of the government office requested;

For further assistance you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.  
  
Thank you. 
  
 
Respectfully, 
 
 
Faye Condez-de Sagon 
FOI Decision Maker