University of the Philippines System

Officer 08:50 AM, Mar 28, 2022

March 28, 2022

Dear Khristine April Cruda,

I refer to your request under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for the Educational Background of JOSE CABRERA MONTEMAYOR JR.

Please sign and submit the certification  below as required by the UP System FOI Manual by replying through email (fro@up.edu.ph) or through the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHAsSB0NvbnRlbnQiD1VQLTEyODk3NDg2Nzk1NAw, for request with ticket number #UP-128974867954.

During the period of us awaiting your reply, your request will be put on hold. If we do not receive a reply on or before Jun 20, 2022 12:40:00 AM, your request will be closed.

We hope to hear from you at the soonest possible time.

Thank you.

Respectfully,

Carla V. Noroña
for the FOI Receiving Officer

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 System 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

Officer 10:48 AM, Mar 30, 2022

March 30, 2022

Dear Khristine April,

Thank you for your request dated Mar 24, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Educational Background of JOSE CABRERA MONTEMAYOR JR..

We received your request on Mar 24, 2022 and will respond on or before Apr 14, 2022 04:37:25 AM, in accordance with the Executive Order's implementing rules and regulations. We have likewise received the signed Certification that we requested from you.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster08282018100000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHAsSB0NvbnRlbnQiD1VQLTEyODk3NDg2Nzk1NAw, for request with ticket number #UP-128974867954.

Thank you.

Respectfully,
Atty. ROBERTO M.J. LARA
FOI Receiving Officer
FOI Officer

Vice President for Public Affairs 10:54 AM, Apr 07, 2022

April 7, 2022

Dear Khristine April Cruda,

Greetings!

Thank you for your request dated Mar 24, 2022 04:37:25 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for Educational Background of JOSE CABRERA MONTEMAYOR JR..

Response to Request

Your FOI request is approved.The UPD OUR verifies that Mr. Montemayor completed his MBA in UP Diliman and is pursuing a PhD in Public Administration.

Your FOI request is granted by UP, as an ordinary citizen has the right to request information regarding the educational credentials of candidates for elective office as the same is of public concern. 

In Ayer vs Capulong  G.R. No. 82380 April 29, 1988 the High Court explained that: 

A limited intrusion into a person's privacy has long been regarded as permissible where that person is a public figure and the information sought to be elicited from him or to be published about him constitute of a public character.  Succinctly put, the right of privacy cannot be invoked to resist publication and dissemination of matters of public interest.  The interest sought to be protected by the right of privacy is the right to be free from unwarranted publicity, from the wrongful publicizing of the private affairs and activities of an individual which are outside the realm of legitimate public concern. 

x x x

A public figure has been defined as a person who, by his accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has become a 'public personage. ... 

Such public figures were held to have lost, to some extent at least, their right to privacy. Three reasons were given, more or less indiscriminately, in the decisions" that they had sought publicity and consented to it, and so could not complaint when they received it; that their personalities and their affairs has already public, and could no longer be regarded as their own private business; 

Since Jose Cabrera Montemayor Jr is running for President and is therefore a public figure and  his educational background was posted at https://www.joeymontemayor.ph/about/educational-background,  an ordinary citizen has the right to verify his educational credentials. 

12 (e) of the DPA allows the processing of sensitive personal information when such is  necessary for the exercise of a legal claim,  which in this case is the right of a citizen to be informed regarding the educational background of a candidate running for the presidency which is  a matter of public concern. 

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 Secretary of the University of the Philippines at osu@up.edu.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,

FDE Vice President for Public Affairs
FOI Receiving Officer