University of the Philippines Mindanao

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  • REQUEST SUBMITTED

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    Date: 2019-10-23 15:44:03.131644

  • PROCESSING REQUEST

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    Date: 2019-10-25 14:45:45.250364

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    Your request was denied

    Date: 2019-12-20 23:32:11.577525

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Number of unfilled Plantilla Positions

Requested from UPMIN by P. Perez at 03:44 PM on Oct 23, 2019.
Purpose: Research
Date of Coverage: 10/23/1900 - 10/23/2019
Tracking no: #UPMIN-675647039432

Perez 03:44 PM, Oct 23, 2019 

Hi,

I would like to request for the latest number of unfilled plantilla positions per office for UP Mindanao. This will be used for research purposes

Receiving Officer 02:45 PM, Oct 25, 2019 

October 25, 2019

Dear Paul Jason,

Thank you for your request dated Oct 23, 2019 03:44:03 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Number of unfilled Plantilla Positions.

We received your request on Oct 23, 2019 03:44:03 PM and will respond on or before Nov 13, 2019 03:44:03 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/aglzfmVmb2ktcGhyHwsSB0NvbnRlbnQiElVQTUlOLTY3NTY0NzAzOTQzMgw, for request with ticket number #UPMIN-675647039432.

Thank you.

Respectfully,

FOI Receiving Officer
FOI Officer


December 20, 2019

Dear Paul Jason Perez,

Greetings!

Thank you for your request dated Oct 23, 2019 03:44:03 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Number of unfilled Plantilla Positions.

Response to your request

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. 

For further assistance you may review the FAQ section of the eFOI site: https://pcoomaster09132018120000-dot-efoi-ph.appspot.com/help.

Thank you,

Respectfully,

Larry  N. Digal
UPMin Chancellor
FOI Officer

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