Department of National Defense(DND)

Hi, 

This is to request the following documents from your Department: 
1. The status of the preparation of Devolution Transition Plans pursuant to EO 138, 2021. 
2. A copy of the Devolution Transition Plan that the Department submitted to the Committee for Devolution. 

This is for academic research purposes. 

Regards, 
Lawrence Velasco

January 25, 2023

Dear Mr. Velasco,

Our response to your request is due on Jan 24, 2023 01:41:51 PM. Unfortunately, it is taking longer than expected to deal with your request. 

I apologize for this delay but have applied for an extension so we could work further on your request. We hope to be able to send you a response on or before Feb 21, 2023 01:41:51 PM.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster08232018140000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERORC0yOTEyMTg5NTIxNjYM, for request with ticket number #DND-291218952166.

Thank you.

Respectfully,

FOI Officer

February 21, 2023

Dear Mr. Velasco,

Greetings!

Thank you for your request dated Jan 03, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Devolution Transition Plan pursuant to EO No. 138, s. 2021.

Response to your request

EO No. 138, s. 2021, with subject, Full Devolution of Certain Functions of the Executive Branch to Local Governments, Creation of a Committee on Devolution, and for other purposes was issued by former President Rodrigo Roa Duterte pursuant to the Mandanas, et al. v. Executive Secretary, et al. ruling of the Supreme Court wherein the latter declared that all collections of national taxes, except those accruing to special purpose funds and special allotments for the utilization and development of the national wealth, should be included in the computation of the base of the just share of LGUs. To implement this ruling, there are functions, services and facilities which shall be fully devolved from the National Government (NG) to the LGUs particularly those indicated under Section 17 of RA No. 7160.

However, based on Annex C (Matrix of Devolved Basic Services and Facilities on the Local Government Code of 1991) of Joint Memorandum Circular No. 2021-12 issued by the DBM and DILG, the Department of National Defense is not among those identified NGs with basic services and facilities which may be devolved to the LGUs. Hence, this Department has no Devolution Transition Plan for EO 138.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to the Undersecretary of National Defense who heads the Central Appeals and Review Committee. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).


Thank you very much.


Respectfully yours,
FOI Officer