National Commission for Culture and the Arts

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NCCA and CCP Joint Boards Resolution for the Proclamation of the 2018 National Artists

Requested from NCCA by Zandro Rapadas at 09:40 AM on Jun 04, 2018.
Purpose: As convener of the Nora Aunor for National Artist Movement, I would like to know if she is nominated
Date of Coverage: 05/01/2018 - 06/04/2018
Tracking no: #NCCA-588669232807

Zandro 09:40 AM, Jun 04, 2018

I respectfully request for a copy of the NCCA and CCP Joint Boards Resolution for the Proclamation of the 2018 National Artists of the Philippines. I make this humble yet solid request, invoking the provisions of the Executive FOI signed in an Executive Order by President Rodrigo Roa Duterte on July 23, 2016, specifically citing the following provisions: "The State adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to reasonable conditions prescribed by law." In October 2016, the NCCA ONA released to me the 2014 document.

Attachments:
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Maricel 02:30 PM, Jun 05, 2018

June 5, 2018

Dear Zandro,

Thank you for your request dated Jun 04, 2018 09:40:06 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for NCCA and CCP Joint Boards Resolution for the Proclamation of the 2018 National Artists.

We received your request on June 5, 2018 02:29:01 PM and will respond on or before June 20, 2018 02:29:01 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/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEU5DQ0EtNTg4NjY5MjMyODA3DA, for request with ticket number #NCCA-588669232807.

Thank you.

Respectfully,

Maricel Malalad
FOI Officer

Zandro 04:06 PM, Jun 05, 2018

Thank you Maricel for your acknowledgment of my request.  On August 9, 2016, a few weeks after the executive FOI was signed by PRRD, the Order of National Artists Secretariat of the NCCA released to me a copy of the CCP and NCCA Joint Boards Resolution for the Proclamation of the 2014 batch of National Artists. This was facilitated then by Manny Hernandez.

As I have carefully read through the implementing rules and regulations of this EO, as well as the exceptions made, I see no reason why this requested information cannot be given me. And, as per consultation with Atty. Trixie Angeles, the Joint Boards Resolution is covered under the FOI, and that invoking Executive Privilege can only be applied to the final list, which will be contained in a Proclamation.

Thank you and I look forward to your next response.

Kind regards,

Zandro G. Rapadas, MDC

Zandro 03:15 PM, Jun 18, 2018

Good afternoon. I am waiting for your action on my request. You committed to give this until June 20, 2018. If the record, as you say, is not on file with your office but was lodged in another office, you are supposed to state it as such.

Remember that under the exceptions to the executive FOI, particularly on matters covered by a deliberative process, there is a footnote to that provision, which says “The privilege of invoking this exception ends when the executive agency adopts a definite proposition.” The Joint Boards Resolution is a definite proposition by the Executive agencies, which are CCP and NCCA.

Moreover, citing from jurisprudence, which is the SC ruling on DFA vs BCA Corporation G.R. 210858, I read: “While the evaluation or review is still on-going, there are no "official acts, transactions, or decisions" on the bids or proposals. However, once the committee makes its official recommendation, there arises a "definite proposition" on the part of the government. From this moment, the public's right to information attaches, and any citizen can access all the non-proprietary information leading to such definite proposition.”

Kind regards,
Zandro

Zandro 03:36 PM, Jun 22, 2018

Good afternoon Rico.

May I bring to your attention that this eFOI request, which was accepted as of June 5, 2018 (as shown here) and to which a response was committed by June 20, 2018, has not been complied with.

This is very disappointing, considering that the NCCA is among the supposedly top-performing government agencies in the Executive branch in the implementation of the FOI program.

I am submitting this to your office for the information of the NCCA Central Appeals and Review Committee, copied to PCOO’s Atty Tristan de Guzman.

Thank you and kind regards.

Don Rapadas

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