Home Development Mutual Fund/Pag-IBIG Fund

05 July 2021

Dear MS. MIRALYN SAN JUAN,

This refers to your eFOI request received on 11 June 2021 sent to the eFOI portal of the Home Development Mutual Fund (Fund) wherein you requested for the Summary of Monthly Contribution of Almajay Enterprises from June 2018 until May 2021 for processing and updating of payments.

Kindly be informed that Section 3 of Executive Order No. 2, series of 2016 (Executive Order) grants every Filipino citizen the right to access 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. 

In accordance with the aforementioned Executive Order, the Fund’s People’s Freedom of Information Manual (Manual) also states that “Information for Disclosure” includes: information promoting the awareness and understanding of policies, programs, activities, rules or regulations affecting the public, government agencies, and the community and economy (Section 2 of the Manual). 

In other words, the nature and subject of requests for information pursuant to Executive Order No. 2, series of 2016 refer to the right of Filipino citizens to information on matters of public concern. It excludes requests pertaining to personal transactions with the Fund which necessarily involves disclosure of personal information.

However, we note that: 1) the requested data may be disclosed, this being necessary or desirable in the context of an employer-employee relationship under the Data Privacy Act of 2012 ; and 2) you are the Admin & Accounting Supervisor of Almajay Enterprises.  In view of this, our Office deemed it proper to raise this matter to and confer with the operating unit concerned – Technical and Administrative Services (TAS) – Southern Tagalog to generate the requested report, upon compliance with verification procedures to determine the existence of an employer-employee relationship and the authority of the officers to make requests on the company’s behalf.

For inquiries, you may contact Mr. Carl Andrew Siy, Head of TAS - Southern Tagalog at (+632) 8422-3000 local 6516 and/or cssiy@pagibigfund.gov.ph. 

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    SEC. 16. Rights of the Data Subject. – The data subject is entitled to:
Xxx
Any information supplied or declaration made to the data subject on these matters shall not be amended without prior notification of data subject: Provided, That the notification under subsection (b) shall not apply should the personal information be needed pursuant to a subpoena or when the collection and processing are for obvious purposes, including when it is necessary for the performance of or in relation to a contract or service or when necessary or desirable in the context of an employer-employee relationship, between the collector and the data subject, or when the information is being collected and processed as a result of legal obligation; xxx (Emphasis supplied.)

Thank you.

eFOI Receiving Officer