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This chapter summarizes the results of the interviews and physical observation
and investigation conducted by the researcher at the LTO Region IV-A.
The researcher conducted interviews with Mr. Francisco P. Ranches, Jr., CESO
VI, Assistant Regional Director of LTO IV-A, Mr. Jose Graciano F. Robles, head of the
LTO Region IV-A DM-PAO and Ms. Jovelyn Caliwag and Ms. Jovelyn Escartin who are
the assigned case resolvers in said office.
Q1: What are the LTO daily transactions involving collection of data of an individual?
The functions of the Land Transportation Office include the inspection and
registration of motor vehicles, issuance of license and permits, enforcement of land
transportation rules and regulations, adjudication of traffic cases, and the collection of
revenues for the government of the Philippines.
For motor vehicle registration, LTO registers brand new vehicles, including
locally manufactured vehicles, imported vehicles, light electric vehicles, low speed
vehicles, three wheeled vehicles, and tax exempt vehicles. Each category has an
obligatory set of requirements and procedures to follow to be fully registered. Renewals
are also obligated to submit the necessary requirements and to follow procedures to be
fully renewed. LTO also oversees miscellaneous transactions, specifically transactions
requiring change of certificate of registration, and transactions that do not require the
change of certificate of registration.
For law enforcement, LTO strictly implements and enforce the laws regarding
land transportation. Necessary requirements and procedures are to be followed in
settlements of admitted cases and contested cases of motor vehicles, plates, and driver's
licenses. LTO also follows a strict procedure in settlements of impounded violations. It
also allows private and for hire motor vehicles to apply for duplicate plates. Furthermore,
the LTO is in charge of ensuring that public land transportation services abide by the
fares set by the LTFRB. It has sanctions for the overcharging and undercharging of fares,
and for non-issuance of fare tickets.
All these data on license issuances, motor vehicle registration and law
enforcement involved collection of an individual’s personal information. For CY 2018,
the LTO agency has accomplished the following transactions:
Q2. What system does LTO utilize in keeping the records of the drivers and registered
owners of the motor vehicles?
According to Mr. Ranches, LTO does not have its own information technology
(IT) systems and facilities. STRADCOM is the private sector operator of the LTO-IT
project under the build-own-operate (BOO) scheme, allowed under the Build Operate
Transfer (BOT) Law. At present, LTO district offices throughout the country are now
operating under a computerized environment facilitated by STRADCOM. However in
2017, the Department of Transportation (DOTr) and Land Transportation Office (LTO)
signed a one-year phase out agreement with STRADCOM. Under the agreement,
STRADCOM will allow the LTO to subscribe to a new IT service provider covering
hardware, software, and data component requirements of the agency. The new IT
provider, Dermalog, was awarded an P829.67-million contract to supply driver's license
cards to LTO.
The introduction and adoption of technology into the LTO’s system helped the
agency maximize the use of technology to make services faster, more efficient,
convenient and comfortable, and more importantly, to check corruption.
Q3. What are the mandates and functions of LTO Region IV-A DM-PAO?
Q4. Who are the personnel in-charge of LTO Region IV-A DM-PAO?
The Regional DM-PAO shall be composed of Digital Media Head, Social Media
Officer, Public Assistance Officer, Case Resolvers, Case Assistant, Graphic Artist /
Designer and Photographer / Videographer. However, due to limited manpower, LTO
Region IV-A only has three (3) personnel for its DM-PAO: DM-PAO head and two (2)
case resolvers who also act as the social media officer and public assistance staff.
The Social Media Officer is in-charge of the social media accounts. Said officer
shall conceptualize and direct content-generation for posting relevant information
materials in the office Facebook page. He/she shall manage the digital presence of the
LTO through posting relevant information materials. Another function is to build string
and professional relationships with users and group admin to promote transparency,
efficient coordination and gain a thorough understanding of interests and/or concerns. It
is also the take of the Social Media Officers to identify and share social media content
contributions from the public and other government agencies. Likewise, the concerns,
comments / suggestions, complaints, queries and requests for information/assistance
lodged through Facebook must be acted upon within 24 hours with empathy, high
quality, speed and accuracy.
The Public Assistance Officer has the same functions as the Social Media Officer.
However, the former is responsible the concerns lodged through the LTO’s email
account, e-888, Presidential Complaint Center and the Freedom of Information Portal.
The case resolvers are tasked to acknowledge receipts of all cases received from
its official Facebook page and act on them within 24 hours. In acting on concerns
received online, the case resolvers shall verify facts stated in the concern and ask for
additional information if necessary. Moreover, they shall review and determine the
proper agency / office to which the issue shall be forwarded to resolve the same. Once the
concern has been addressed, they shall label the status of the case as closed and keep an
inventory of all cases with actions taken.
What are the common concerns of the public coursed through the LTO Region IV-A
official Facebook page?
How does LTO Region IV-A DM-PAO disclose information requested in its official
Facebook page?
According to Mr. Robles, the access to the LTO database is limited only to
authorized personnel. At LTO Region IV-A DMPAO, all three (3) personnel assigned at
said office were granted access to the LTO database. Hence,
In disclosing records in its official Facebook page, the case resolvers do not easily
provide the information requested by any individual. Ms. Escartin explained that:
“For example, may humihingi po ng details ng isang motor
vehicle owner dahil nasangkot sa isang accident at sila ay
apektado, hindi po namin ibinibigay ang details for privacy ng
registered owner. Maari lamang kami magbigay ng
impormasyon kung police po ang pupunta sa opisina para
magpa-verify. Kapag sa mga police naman, kailangan ay may
dala silang sulat at ID. Sa mga cases naman po na nagtatanong
ng details ng isang motor vehicle dahil bibilhin nila ang isang
second hand na sasakyan, yun lang pong details kung may alarm
o pending apprehension ang binbigay naming at kung kailan ang
last registered. Ang mga detalye tulad ng pangalan at address ng
owner ay ang mga pinagbabawal na ibigay basta basta lamang.”
Ms. Caliwag added that the limitations on information disclosure set by LTO IV-
A DMPAO are to ensure that the data shall not be used by any individual to prejudice
another. She further explained that before they provide the requested data and if it
involves disclosure of personal information of a driver or motor vehicle owner, they ask
for additional information to verify first the nature of one’s request. However, if concerns
are those which pertain to LTO processes, they easily provide such for the same are in the
Citizen’s Charter of LTO.
How does LTO Region IV-A comply with the mandate to disclose information to the
public vis-à-vis its compliance with the Data Privacy Act?
Assistant Regional Director Ranches explained that LTO IV-A observes the scope
and limitations provided in the LTO Data Privacy Manual which covers the collection,
use, storage, retention, destruction, access, disclosure and sharing of personal information
Limitations
1.Sensitive Personal Information. Request for information that would constitute an
unwarranted invasion to a person's privacy will be denied. However, the requesting
party can be provided access to such personal information if the official/personnel have
consented, in writing, to the disclosure of information.
As defined in the Data Privacy Act of 2012, sensitive personal information shall refer to
personal information:
(1) About an individual health, education, genetic or sexual life of a person, or to any
proceedings for any offense committed or alleged to have committed by such person,
the disposal of such proceedings or the sentence of any court in such proceedings;
(2) About an individual race, ethnic origin, marital status, age, color, and religious
philosophical or political affiliations;
(3) Issued by government agencies peculiar to an individual which includes, but not
limited to, social security numbers, previous or current health records, licenses or its
denials, suspension or revocation, and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept
classified.
2. Restricted Documents. Information classified or marked as restricted documents in a
legalproceeding (e.g. appealed cases, orders and resolutions pertaining to employees
and officials of the Department).
3. Confidential Documents. The information is classified or marked as confidential
documents (e.g. investigation reports against officials or employees).
4. List of Exceptions. The following are the exceptions to the right of access to
information, as
recognized by the Constitution, existing laws, or jurisprudence:
(1) Information covered by Executive privilege;
(2) Privileged information relating to national security, defense or international
relations;
(3) Information concerning law enforcement and protection of public and personal
safety;
(4) Information deemed confidential for the protection of the privacy of persons and
certain individuals such as minors, victims of crimes, or the accused;
(5) Information, documents or records known by reason of official capacity and are
deemed as confidential, including those submitted or disclosed by entities to
government agencies, tribunals, boards, or officers, in relation to the performance of
their functions, or to inquiries or investigation conducted by them in the exercise of
their administrative, regulatory or quasi-judicial powers;
(6) Prejudicial premature disclosure;
(7) Records of proceedings or information from proceedings, which pursuant to law or
relevant rules and regulations, are treated as confidential or privileged;
(8) Matters considered confidential under banking and finance laws, and their
amendatory laws; and
(9) Other exceptions to the right to information under laws, jurisprudence, rules and
regulations.
5. Files of the Employees.Files that reveal personal information such as address and
contact details.
What is the level of awareness of the LTO Region IV-A DM-PAO personnel on the
Freedom of Information and Data Privacy Act?
We at LTO Region IV-A DM-PAO Section are fully aware with
regards to the provision of RA-10173 or the so called Data
Privacy Act of 2012 in so far as its application is concerned
LTO Region IV-A DM-PAO personnel ay highly aware sa Freedom of Information and
Data Privacy Act. Sakatunayan ay nagkaroonng workshop ang POCC sa Baguio
nainattendanng DM-PAO personnel paramsamapalawig pa angkaalamanlalona at
silaang directly nanakakareceiveng request lalonasa social media.
How do LTO Region IV-A DM-PAO personnel perceive the significance of complying
with the Freedom of Information and Data Privacy Act in relation to the fulfillment of
their duties and responsibilities?
We are thankful that FOI and RA-10173 has been passed into Law
inasmuch as information disclosure is concerned because it
facilitated Date gathering as well as limitation of information to
be divulged.
Q6. What are the challenges encountered by LTO Region IV-A in the implementation of
Freedom of Information and Data Privacy Act?
The challenges being encountered usually comes from those
individuals who resists changes specially those coming from öld
school, and the illiterates
Good side
Monitoring system of the information requested if registration, license or enforcement
concerns
Manuals are readily available in their workstation
Viber account for real time coordination with the concerned chiefs
100% rate on facebook during office hours