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Legal Opinion on Amending a GOCC created by a Marcos Martial Law Era Executive Order

Requested from OGCC by Julius Dalay at 10:30 PM on Sep 04, 2019.
Purpose: Research
Date of Coverage: 09/21/1972 - 09/04/2019
Tracking no: #OGCC-890890404085

Julius 10:30 PM, Sep 04, 2019

Hi! I would like to inquire about amending charters of GOCCs created during the Marcos Martial Law era through Executive Orders. The legal queries are the following: 

1. Are these charters/mandates of existing GOCCs which were created via EO of this period possible to be amended by another Executive Order signed by the incumbent president today? This is assuming that it still operates still under that Marcos EO today. (Duterte Administration-onwards) 

2. If no in no. 1, what is the exact legal basis for such not to be allowed, given that normally an EO can be amended by another EO? Thank you

Rhoda 10:23 AM, Oct 29, 2019

October 29, 2019

Dear Julius,

Thank you for your request dated Sep 04, 2019 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Legal Opinion on Amending a GOCC created by a Marcos Martial Law Era Executive Order.

We received your request on Sep 04, 2019 and will respond on or before Sep 25, 2019 10:30:26 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/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEU9HQ0MtODkwODkwNDA0MDg1DA, for request with ticket number #OGCC-890890404085.

Thank you.

Respectfully,

Rhoda Daet
FOI Officer
October 29, 2019

Dear Julius Dalay,

Greetings!

Thank you for your request dated Sep 04, 2019 10:30:26 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
 
Specifically, you asked for Legal Opinion on Amending a GOCC created by a Marcos Martial Law Era Executive Order.
 
While our aim is to provide information whenever possible, in this instance this Office is constrained to politely refuse replying to your query.  

EO 2 grants the freedom for every Filipino "access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development."

Relatively, we note that your query does not seek to secure access to information or official records, as they are defined under EO 2.  Rather it seeks to obtain our legal opinion.

For your information. 


Respectfully,
Elpidio J. Vega
Government Corporate Counsel
FOI Decision Maker

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