Law Summary
Overview of Certification Rights
The issuance of certifications is grounded in Article III, Section 7 of the Philippine Constitution, which recognizes the public's right to access information on matters of public concern.
Request Submission Guidelines
- Formal Requests: All requests for information and certifications must be formal and submitted to the Records Section.
- First-Come, First-Served Basis: Requests will be processed in the order they are received.
Key Requirements for Requests:
• Requests must be typewritten on official stationery (for official requests) or legibly on clean paper (for personal requests).
• Haphazardly written requests will not be honored.
• Each request must include:
- Date of the request
- Name and address of the requestor
- Name of the individual whose records are being requested
- Purpose of the request and specific information sought
- Valid identification documents of the requestor
- For government office use, include the name and address of the relevant official
Accompanying Documentation
- Stamped Envelope Requirement: All requests must be accompanied by a stamped envelope addressed to the requestor. If the certification is for use by another government office, the envelope must reflect the relevant official's name and address.
Processing of Requests
- Checklist Availability: The Records Section must maintain a checklist of all requirements, which should be posted for public viewing.
- Completion Check: Requests will be reviewed for completeness prior to acceptance.
- Approval Process: Requests are forwarded to the Office of the Commissioner for approval.
Timeframes and Procedures:
• The Records Section must process steps 1 to 6 within 15 minutes.
• The Office of the Commissioner is required to act on requests within the same day.
• Upon approval, the requestor must pay the necessary fees before processing continues.
Issuance of Certifications
- Specificity Required: Each certification or letter response must clearly state its specific purpose, avoiding vague terms like "for whatever purpose."
- Record Keeping: The Records Section is responsible for documenting certifications/letter responses and mailing them using the provided stamped envelope.
Adoption and Implementation
- Date of Adoption: This administrative instruction was adopted on February 2, 1988, and is signed by Commissioner Miriam Defensor Santiago.
Key Takeaways
- The right to information is constitutionally protected; requests for certifications must follow strict guidelines.
- Requests must be formal, complete, and processed on a first-come, first-served basis.
- Clear documentation and specific purposes are essential for certifications.
- Compliance with processing timeframes is mandated to ensure timely responses to requests.