University of the Philippines Baguio

02 JAN 2020

Dear Mr. Perez,

This refers to your request dated 23 OCT 2019 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request  -  #UPB-769214003723

You asked for: Number of unfilled Plantilla Positions from 10/23/1900 to 10/23/2019.

Purpose/(s) stated for request: Research


We are constrained to DENY your request as the same requires us in effect to perform research services for you as explained in the cases of Valmonte vs Belmonte and Belgica vs Ochoa https://www.lawphil.net/judjuris/juri2013/nov2013/gr_208566_2013.html 

"In the case of Valmonte v. Belmonte Jr.257 (Valmonte), it has been clarified that the right to information does not include the right to compel the preparation of "lists, abstracts, summaries and the like." In the same case, it was stressed that it is essential that the "applicant has a well -defined, clear and certain legal right to the thing demanded and that it is the imperative duty of defendant to perform the act required." Hence, without the foregoing substantiations, the Court cannot grant a particular request for information. The pertinent portions of Valmonte are hereunder quoted:258

Although citizens are afforded the right to information and, pursuant thereto, are entitled to "access to official records," the Constitution does not accord them a right to compel custodians of official records to prepare lists, abstracts, summaries and the like in their desire to acquire information on matters of public concern".

Your request falls outside the ambit or purview of the abovementioned E.O.  and the Constitutional provision that it seeks to implement. 

Thank you.


Respectfully,

____________________
FOI Receiving Officer
UP Baguio