Salvador 09:45 PM, May 11, 2021
Respectfully requesting the updated comparative data of that published in Policy Note No.1 series of 2017, particularly:
(1) Gross value of Construction Sector, public and private, 2010-2020
(2) Employment in the construction sector 2020
(3) Estimated annual cost of PCAB License applications for local and foreign contractor (just before the Supreme Court decision)
(4) Summary Statistics of PCAB Licenses issued 2013-2020
If it is possible, may I also request a copy of the Amicus Curiae Brief filed in the Case of PCAB v. Manila Water, G.R. No. 217590, 10 March 2020.
Thank you.
Officer 08:07 AM, May 12, 2021
May 12, 2021
Dear Jessie,
Thank you for your request dated May 11, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Updated Data and Comparative Figures of Policy Note No.1 s.2017.
We received your request on May 11, 2021 and will respond on or before Jun 01, 2021 09:45:39 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://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHwsSB0NvbnRlbnQiElBDQ29tLTk3Nzk1ODExNDc2NQw, for request with ticket number #PCCom-977958114765.
Thank you.
Respectfully,
FOI Receiving Officer
FOI Officer
Decision Maker 11:13 AM, May 21, 2021
21 May 2021
Atty. Jessie A. Salvador
24-A Mabolo I
Bacoor City, Cavite
engrjhez@gmail.com
Dear Atty. Salvador,
This has reference to your request dated 11 May 2021 and received by the Philippine Competition Commission (“PCC”) on the same date, 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 asked for the updated comparative data in relation to published Policy Note No. 1 series of 2017 and a copy of the filed Amicus Brief in the case of Philippine Contractors Accreditation Board v. Manila Water Company, Inc., G.R. No. 217590, 10 March 2020 (PCAB vs. Manila Water), for research purposes.
Response to your request
1. Updated comparative data of the following:
a. Gross value of construction sector, public and private, 2010-2020
b. Employment in the construction sector 2020
c. Estimated annual cost of PCAB license applications for local and foreign contractor (just before the Supreme Court Decision)
d. Summary Statistics of PCAB Licenses issued 2013-2020
Your request for information is DENIED.
The PCC is not the primary repository of the information requested. The requested information is likewise not part of the information, public records or official records that the PCC is in possession of or is mandated to maintain. 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 Greco Belgica, et al. v. Executive Secretary Paquito Ochoa, et al. (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. x x x”
(Emphasis Supplied)
Similarly, the PCC does not have the requested updated data with regard to the construction industry. The data in the Policy Note were derived from outside sources, specifically the Philippine Contractors Accreditation Board, the Construction Industry Authority of the Philippines, and the World Bank.
2. Copy of the Amicus Brief filed in the case PCAB vs. Manila Water.
Your request is APPROVED.
We are furnishing a copy of the Amicus Brief filed by the PCC to the Supreme Court (“SC”) dated 19 December 2016, which was considered in the decision of the SC in the said case dated 10 March 2020.
For further assistance you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.
Thank you.
Respectfully,
Shirley Mae Tabangcura-Dasco
FOI Decision Maker
Attachments:
FOI Reply (FOI 2021-05-12-001).pdf
