Curso GRATIS de Derechos de Petición para GANAR un EMPLEO en los Concursos de Mérito — Transcript
Full transcript
- 0:03The topic we are going to see today is
- 0:05fundamental for preparing for
- 0:07merit-based competitions, and it is
- 0:08that in many competitions, in many
- 0:10exams, they could ask us questions such
- 0:12as, for example, who can file a right
- 0:14of petition? Or, "What happens if a
- 0:17petition is disrespectful? Should it be
- 0:20accepted? Should it be rejected? What
- 0:22happens if I don't have, for example, a
- 0:24lawyer to be able to file my right of
- 0:26petition? These questions, perhaps a
- 0:29bit more complex using the situational
- 0:31judgment methodology, could appear on
- 0:33your exam. Not directly asking you
- 0:37perhaps specific legal issues, but for
- 0:39you to implement the situational
- 0:41judgment methodology to answer these
- 0:43questions. The subject of rights of
- 0:47petition is a very important topic in
- 0:49all competitions. It is almost
- 0:52guaranteed that they will ask you about
- 0:53this topic, so it is very important
- 0:55that you know it. In my experience, I
- 1:00have taken more than 10 exams and in
- 1:01almost all of them they have asked me
- 1:03about this topic, so it is very
- 1:05important, not only at the professional
- 1:07level, but also at the assistant and
- 1:09technical levels; this topic is asked
- 1:11at practically all levels. So, in
- 1:16today's video, we are going to look at
- 1:18the most important information that you
- 1:20need to know about this topic. I
- 1:25welcome the people who are connected at
- 1:27this moment, the people who are joining
- 1:28. We are going to look at the topic of
- 1:34rights of petition, which is a very,
- 1:36very important topic in all tests in
- 1:38general. So, well, allow me a moment
- 1:45and we are going to start, I think in a
- 1:47minute to wait for the other people who
- 1:49wish to participate in today's live
- 1:50stream to connect. So, well, welcome to
- 1:57everyone who is connected at this
- 1:59moment. We are going to wait perhaps
- 2:03one more minute for people to finish
- 2:05connecting and then we will begin. As I
- 2:11mentioned, this topic I would say is
- 2:13one of the most important, perhaps it
- 2:15is not the only one we should study;
- 2:17clearly, the idea is that in these
- 2:19sessions we are going to study all
- 2:20these topics to prepare for the
- 2:22upcoming competitions. We have the
- 2:29registry competition, district 6
- 2:30competition, territorial 11 competition
- 2:33, I think territorial 10 as well, the
- 2:35Comptroller's Office, and in all of
- 2:37them they will practically ask us this,
- 2:39of course, it depends a bit on the
- 2:41level we are applying for. Well, so we
- 2:47are going to start, we are going to
- 2:49start with the topic of rights of
- 2:51petition. Uh uh well, let's get started
- 2:57now, I think it's already 7:05, we
- 3:01already have a good number of people
- 3:02connected, so we can start. Chapter 1
- 3:09of the Law on Rights of Petition, which
- 3:12is Law 1755 of 2015, we must keep in
- 3:15mind that Law 1755 has only two
- 3:20articles. Sometimes, perhaps mistakenly
- 3:24, we might say Article 13 of Law 1755,
- 3:27when in reality this law only has two
- 3:29articles. The first one modifies Law
- 3:331437 of 2011 and the second one is
- 3:35regarding its entry into force. But
- 3:41well, if you hear someone talking
- 3:43perhaps about Article 13 or Article 14
- 3:45of Law 1755, what they actually mean is
- 3:48that they are referring to Law 1437 of
- 3:502011. Now we are going to talk about
- 3:56this first chapter, which is the right
- 3:58of petition before authorities. What
- 4:01are those general rules that we must
- 4:03keep in mind? What will you answer if
- 4:07on your exam they ask you, for example,
- 4:09is legal representation required to
- 4:11file a right of petition? Or if they
- 4:14ask you if minors can file a right of
- 4:16petition by themselves or if they must
- 4:17be accompanied by an adult? What would
- 4:20you answer? Well, the law speaks to us
- 4:23precisely about the object and
- 4:25modalities of the right of petition
- 4:27before authorities. Basically, here
- 4:32they are telling us that every person,
- 4:34yes, every person, has the right to
- 4:36present respectful petitions to the
- 4:37authorities, to the entities, in the
- 4:39terms indicated in the law, which we
- 4:41will see shortly, and it can be for
- 4:43reasons of general interest or reasons
- 4:45of private interest. There is a doubt
- 4:52that is perhaps frequent, and it is if
- 4:54I am going to make use of the right of
- 4:55petition, uh, for example, in a virtual
- 4:57channel. Let's take the example of"
- 5:01Bogotá te escucha "or an entity, for
- 5:03example, the CNSC, which has its PQRSD
- 5:06channel. Do I have to invoke the right
- 5:09of petition, the article; that is, do I
- 5:11have to invoke Article 23 of the
- 5:13Political Constitution? And well no, if
- 5:17you file a PQR, you don't have to
- 5:18indicate that, making use of my
- 5:20fundamental rights, Article 23 of the
- 5:22Political Constitution; rather, just by
- 5:24the fact of you filing the petition, it
- 5:26is understood that you are making use
- 5:28of that right without it being
- 5:30necessary to invoke it. So, through a
- 5:35right of petition, you can request
- 5:36different things. For example, to have
- 5:39a right recognized. You can request an
- 5:43entity's intervention, the provision of
- 5:45a service, request information, or make
- 5:47an inquiry. Well, you can request many
- 5:50different things. One of them, for
- 5:55example, is requesting copies of
- 5:57documents, and one of the most common
- 5:59is the PQRSD, which would be petitions,
- 6:01inquiries, complaints, reports, and
- 6:04claims. Well, and also the matter of
- 6:08filing appeals. You can request
- 6:13different things through a right of
- 6:15petition, and normally when you make a
- 6:16petition, whether through Bogotá Te
- 6:18Escucha or the CNSC, you see that there
- 6:20are different categories under which
- 6:22you can classify your petition. Now,
- 6:31this is likely a topic we already
- 6:33handle very well, which is important;
- 6:35but for those who may not know: the
- 6:37right of petition is completely free;
- 6:39you don't have to pay anything to file
- 6:41one, and very importantly, it can be
- 6:43done without any need for
- 6:44representation, such as through a
- 6:46lawyer. Or also, and this was a
- 6:56question that came up—that I got in a
- 6:57competition—it can be submitted
- 6:59without needing to be represented by an
- 7:01adult when it concerns minors, as long
- 7:03as it relates to entities dedicated to
- 7:05their protection or education. But
- 7:14let's keep in mind, a minor does not
- 7:16need, provided it concerns one of these
- 7:18entities, any kind of accompaniment or
- 7:19any kind of representation through an
- 7:21adult. A minor is also a citizen and
- 7:27can also file a right of petition. Well
- 7:36, in written tests, they might ask you,
- 7:38for example, how many days you have to
- 7:40respond to a petition, or how many days
- 7:42you have to answer a request for
- 7:44information or an inquiry. It is also
- 7:49important to know, are they business
- 7:50days or calendar days? Or what happens,
- 7:53for example, if for some reason you
- 7:55cannot provide a response to a petition
- 7:57within the terms established by law?
- 8:02Well, regarding this topic, the law
- 8:04tells us about the terms to respond to
- 8:06the different types of petitions, which
- 8:08are basically three. On one hand, and
- 8:13this is like the general rule, every
- 8:15petition must be resolved within 15,
- 8:17yes, within the 15 days following its
- 8:19receipt. Now, the question would be,
- 8:23are they business days or calendar days
- 8:25? Well, rights of petition are always
- 8:29answered in business days, okay?
- 8:31Calendar days are not taken into
- 8:33account; instead, they are business
- 8:35days. Well, there are some exceptions,
- 8:38which are two. On one hand, requests
- 8:43for documents and information that must
- 8:45be resolved within the 10 business days
- 8:47following their receipt. That is to say
- 8:51, it is 5 days less than a standard
- 8:53petition, let's say. And there is
- 9:00something special here: if a response
- 9:01is not given to the petitioner within
- 9:03those 10 days, it is understood that
- 9:05the request they filed has been
- 9:06accepted, and the entity can no longer
- 9:08refuse to provide the requested
- 9:10documents. So, those documents must be
- 9:17delivered within the 3 business days
- 9:19following the expiration of that
- 9:20deadline. And the other exception is
- 9:27for petitions when a consultation is
- 9:29raised to authorities regarding matters
- 9:30under their charge. These petitions, as
- 9:37they are also special, must be answered
- 9:39within 30 business days following their
- 9:41receipt. Now, what happens if, for some
- 9:47reason, the entity cannot respond to
- 9:49that petition within the terms of the
- 9:51law? For example, if it is a request
- 9:56for information, the entity may be 7 or
- 9:588 days in and sees that it will not be
- 10:00able to respond within the 10 days. So,
- 10:04what should be done in those cases?
- 10:07Well, those must be exceptional cases,
- 10:10yes? It should not be the norm. And in
- 10:15these cases, which could be an exam
- 10:17question, what must be done is, before
- 10:19the deadline expires—remembering that
- 10:21it depends on the modality that was
- 10:23used, it could be 15 days, it could be
- 10:2510, or it could be 30 days. Before that
- 10:32deadline expires, the entity must
- 10:33inform the petitioner why they will not
- 10:35be able to provide a response. I don't
- 10:40know, it could be that the internet
- 10:42went out, or maybe some natural
- 10:44disaster; I mean, these can be
- 10:45exceptional things that are clearly out
- 10:47of the entity's control. So, that
- 10:51situation must be reported to the
- 10:53petitioner, and they must be told why
- 10:55and when the response will be provided.
- 11:00It is important to keep in mind that
- 11:02the deadline indicated cannot be double
- 11:04the one initially established. So, if
- 11:08it is a request for information that
- 11:10has 10 business days, it cannot exceed
- 11:1220 business days, that is, another 10
- 11:14business days. Well, now on your exam,
- 11:21they might ask you how a petition can
- 11:23be filed, or for example, what happens
- 11:25if the petitioner submits an incomplete
- 11:27petition? The law speaks to the
- 11:35presentation and filing of petitions
- 11:36and tells us there are different ways
- 11:38in which they can be submitted. For
- 11:46example, petitions can be presented
- 11:47verbally, and a written record of it
- 11:49must be kept, or a receipt; or they can
- 11:51also be submitted in writing and
- 11:53through any means suitable for
- 11:54communication or data transfer. Here we
- 12:02can see, for example, I believe the
- 12:03most popular method for submitting
- 12:05petitions is the virtual channel. We
- 12:13see that, for instance, there are
- 12:15increasingly popular platforms like"
- 12:17Bogotá Escucha, "where the different
- 12:19District entities are centralized; it
- 12:21is a very good system for centralizing
- 12:23and assigning, by jurisdiction, to the
- 12:25different secretariats or the mayor's
- 12:27office, well, to the District entities.
- 12:36Well, it is also important to address
- 12:38the topic of incomplete petitions. For
- 12:43example, if there is a petition being
- 12:45filed, but it does not have all the
- 12:47documents that are requested, let's say
- 12:49, by law. Then, when that petition is
- 12:54received, the petitioner must be told
- 12:56which documents are missing. But of
- 13:02course, the entity cannot refuse to
- 13:04receive a petition even if it is
- 13:05incomplete. So, in the event that the
- 13:12petitioner insists on filing that
- 13:13petition, the entity must file it,
- 13:15while, of course, leaving a record of
- 13:17which requirements or documents are
- 13:19missing. Uh, in the event that, for
- 13:30example, the petition is verbal, if the
- 13:32petitioner requests proof that they
- 13:34submitted that petition...because, of
- 13:36course, when you present a verbal
- 13:37petition, there isn't really a piece of
- 13:39evidence left; but if the petitioner
- 13:41requests that proof of submission, then
- 13:43that evidence, that receipt which is
- 13:45requested, must be issued. Well, it is
- 14:02important to keep in mind that,
- 14:04although verbal and written petitions
- 14:06can be submitted, entities can also
- 14:07require that some petitions be
- 14:09presented in writing, and, well,
- 14:10entities can also offer some forms or
- 14:12templates to make it easier for the
- 14:14petitioner to fill them out or submit
- 14:16that petition. I don't know if you have
- 14:25ever submitted one. I, for example,
- 14:28once filed a petition at Alcosto, and
- 14:30they have a document there that you can
- 14:32fill out. You can say," Well, I'll put
- 14:35my name, explain what the case was, and
- 14:37state what I am requesting. "It's a
- 14:41structured document; the idea is to
- 14:43make it easier for the petitioner to
- 14:45submit that request. What is important
- 14:48to keep in mind here? Even if the form
- 14:57or that format doesn't have a specific
- 14:59place to add attachments or anything
- 15:01like that, it does not prevent the
- 15:02petitioner from attaching other items,
- 15:04such as evidence or documentation they
- 15:06believe will support their petition. So
- 15:17, and also at the time of delivery,
- 15:19let's use the Alcosto example again.
- 15:26You submit that petition, but you don't
- 15:28know if they will follow up on it, or
- 15:30if it is being saved in some electronic
- 15:32system. So, what can you do? You can
- 15:37ask for, you can request a copy. Ready?
- 15:41You can request a copy of the petition
- 15:43you are submitting with a note
- 15:44indicating the date and time of filing.
- 15:48It usually also has a tracking number.
- 15:53And also how many attachments are
- 15:55included, because otherwise, they could
- 15:57claim that you only submitted a single
- 15:59page with no attachments. So, that copy
- 16:06should also have the date, the time,
- 16:08perhaps the tracking number, and how
- 16:10many attachments the document has, and
- 16:12the copy they give you has the same
- 16:14legal value as the original petition
- 16:16you delivered. And, well, it must be
- 16:24issued at no cost; it is usually a bit
- 16:26simpler with public entities because
- 16:28they give it to you easily. Perhaps
- 16:31with private entities it is a bit more
- 16:33complicated, and sometimes you have to
- 16:35ask for it, you have to request that
- 16:37copy. Well, it's important that in case
- 16:42you file or submit a petition through
- 16:50some data transfer method, for instance
- 16:52, let's use the example of the CNSC
- 16:54website, the date and time of filing
- 16:56will be recorded. The date and time of
- 17:02filing would be the moment at which you
- 17:04send that petition. And it is also
- 17:11important to keep in mind or highlight
- 17:13that no entity or authority can refuse
- 17:15to receive and file requests that are
- 17:17respectful, okay? That they are
- 17:22respectful. That is sort of the
- 17:24requirement. Well, uh well, that would
- 17:32be like the the first part. Uh, these
- 17:34are very general topics regarding the
- 17:36rights of petition. Let's remember that
- 17:41the subject of rights of petition is
- 17:43not something that will only serve me
- 17:45for one exam, for example: only for the
- 17:47Registrar's Office, only for the
- 17:49Comptroller's Office, only for the
- 17:51Prosecutor's Office; rather, it is an
- 17:53integral topic that will serve us for
- 17:55practically all the exams we take and,
- 17:57once we become public servants, it will
- 17:59serve us in our day-to-day work to know
- 18:01, for example, the terms, the
- 18:02requirements, well, and other
- 18:04information about this law. Um let's
- 18:14let's continue. So, we are going to
- 18:18look at an important topic regarding
- 18:19rights of petition that will surely
- 18:21help you answer your exam, which is the
- 18:23requirements and the process of the
- 18:24right of petition. Now, what would you
- 18:30answer on your exam if they were to ask
- 18:32you, for example, what information must
- 18:34a petition contain in order to be valid
- 18:36? Or if they give you a case where a
- 18:40citizen submits a right of petition
- 18:42with certain information, but it is
- 18:43missing, I don't know, maybe the email,
- 18:45maybe the cell phone, maybe the ID
- 18:47number, the name. Would that right of
- 18:51petition be valid? Well, the law speaks
- 18:57to us precisely about the content of
- 18:58petitions and tells us that every
- 19:00petition must contain, at least
- 19:02initially, which entity that petition
- 19:04is directed to. For example, to the
- 19:09Registrar's Office, for example, to the
- 19:11Prosecutor's Office, to the CNSC, to
- 19:14which entity do I direct my request. It
- 19:20must also include the full names and
- 19:22surnames of the applicant or their
- 19:23attorney, if applicable, along with the
- 19:25identity document number and, very
- 19:27importantly, the address where that
- 19:29correspondence will be received.
- 19:35Generally, and what I do, the
- 19:37recommendation I also give is to add
- 19:39the email or include the email. Why?
- 19:43Because, for example, if you sometimes
- 19:45file a right of petition, uh if you
- 19:47also file a petition for protection,
- 19:49for example, uh and you put your
- 19:50physical address, what happens? That
- 19:56sometimes the entities are not very
- 19:58careful with that information and, for
- 19:59example, by law, sometimes the judge
- 20:01orders them to publish that information
- 20:03so that interested parties can act or
- 20:05can attach themselves to that petition.
- 20:10So, what happens? that the moment you
- 20:14provide your address, if that
- 20:15information is published, well,
- 20:17practically all your information ends
- 20:19up, uh, well, in the cloud, and
- 20:21practically anyone could access it.
- 20:25They can get your ID number, your full
- 20:27name, your address, uh, your phone
- 20:29number, your email; all the information
- 20:31you put there, well, be very careful
- 20:33because sometimes entities are not very
- 20:35careful with that issue. Of course, you
- 20:39can request, uh, uh—as a matter of
- 20:41fact, it happened to me once—I filed
- 20:43a petition and the CNSC published the
- 20:46petition with, well, a bunch of my
- 20:47personal information. So I asked the
- 20:52CNSC to remove that information because
- 20:54it was my private information and, well
- 20:56, in the end they did, they took the
- 20:58petition off the website, but in that
- 21:00lapse, you don't know who might see all
- 21:02that information and for what purposes
- 21:04they might use it. So, that is why I
- 21:10highly recommend that instead of
- 21:12putting your physical address, you put
- 21:13your electronic address, that is, your
- 21:15email, since this is a valid means for
- 21:17you to receive the response to your
- 21:19request or your petition. Uh, well, uh,
- 21:27also another another item, another
- 21:29another uh important characteristic
- 21:31that petitions must have is the object,
- 21:33that is, what are you asking for with
- 21:35your petition? This, well, is very
- 21:42important because basically, uh, this
- 21:44is the core of the petition. It is,
- 21:46what are you filing this petition for?
- 21:49Do you want them to help you with, I
- 21:50don't know, a procedure? Do you want
- 21:52them to help you, uh, perhaps with, I
- 21:54don't know, a medicine from a health
- 21:56provider? Do you think a right is
- 21:59perhaps being violated or that they are
- 22:01not acting in a proper manner? I mean,
- 22:04what do you want to achieve with your
- 22:06petition? That would be the object, and
- 22:08it's very important that it be there,
- 22:10because if a petition has no object,
- 22:12well, there is no way to respond to it.
- 22:14I mean, what are you going to, what are
- 22:15you going to answer if they aren't
- 22:17asking you anything? If they aren't
- 22:18requesting anything, there is no way to
- 22:20respond to it. That is why the object
- 22:22is very, very important. Then, the
- 22:25reasons on which the petition is based.
- 22:27This, well, although it is in the law.
- 22:29Hm. Yes. Well, it should it should have
- 22:34a justification for why you are filing
- 22:36that petition, but well, I don't know
- 22:38to what extent this would be, uh. Well,
- 22:44it's within the law, but I consider
- 22:46that if you are asking for something,
- 22:47regardless of what your reasoning is,
- 22:49well, your request should be taken into
- 22:51account. But anyway, the law indicates
- 22:55that you must have the reasons upon
- 22:57which you base your petition. On the
- 23:01other hand, there must be a list of the
- 23:02documents you wish to present to
- 23:04initiate the process, which would be
- 23:06the attachments. You can include, I
- 23:08don’t know, an attachment. Sometimes
- 23:11some procedures ask for your ID,
- 23:13sometimes they ask for, I don't know, a
- 23:15registration, some type of certificate,
- 23:17so you can attach that to your petition
- 23:20. And well, finally the signature when,
- 23:25when it is the case, because we know
- 23:27that, for example, through virtual
- 23:29means, well, there is no need to put
- 23:31your signature, as you can perhaps
- 23:32sometimes create your account. For
- 23:37example, I have an account on the"
- 23:38Bogotá te escucha "page; in others,
- 23:40you simply put your name, your details,
- 23:43your email, and the answers reach your
- 23:45email in the end. So, the signature is
- 23:48not always necessary. Perhaps when you
- 23:51submit it in physical form, yes, but
- 23:53through digital means, it is not
- 23:54mandatory. Well, for that petition that
- 24:03you, that you submit to the entity, the
- 24:05company, or wherever, the authority has
- 24:07the obligation to examine this petition
- 24:09comprehensively and, super important,
- 24:11in no case can they dismiss that
- 24:13petition or say it is incomplete due to
- 24:15a lack of requirements or missing
- 24:16documents that are not within the
- 24:18current legal framework or, very
- 24:20importantly, that are not necessary. In
- 24:27other words, they cannot tell you or
- 24:28reject your petition because you didn't
- 24:30provide a document that is useless,
- 24:32that has nothing to do with the
- 24:33petition. So, it is important to keep
- 24:36that in mind. And also in the case,
- 24:40let’s remember, perhaps the anti-red
- 24:41tape law, that you cannot be asked for
- 24:43information that is already held in the
- 24:45entity’s files. So, they cannot deny
- 24:49a petition because you were missing a
- 24:51document that the entity already has.
- 24:54Got it? It's important; it might come
- 24:57up in some document or in some exam. Eh
- 25:00, so, let's keep that in mind. And also
- 25:06, a bit in line with the above, you
- 25:08cannot reject the petition by arguing
- 25:10that it is poorly grounded or
- 25:11incomplete. Got it? Basically, it is
- 25:17very, very complicated to reject a
- 25:19petition. Practically, there is only
- 25:22one case that we will see later, for
- 25:24which a petition can be rejected, but
- 25:26otherwise it is very, very difficult
- 25:28and I would say that in 95 to 98%of
- 25:30cases, the petition must always be
- 25:32received. Now, on your exam, they might
- 25:37ask you, what happens if there is an
- 25:39incomplete petition? What happens if
- 25:41that petition is missing, for example,
- 25:43the object? If we don't know what the
- 25:47petitioner is asking for, they might
- 25:49also ask you in what cases these
- 25:50petitions can be archived. Could it be
- 25:54that a petition can be archived if it
- 25:55is incomplete? If we don't know what
- 25:58the petitioner is asking, can we simply
- 25:59archive it? Well, the law speaks
- 26:03precisely about the subject of
- 26:04incomplete petitions and tacit
- 26:06withdrawal. Here they are telling us
- 26:16that when the entity, when the entity
- 26:18sees that a petition that has already
- 26:20been filed is incomplete, or that the
- 26:22applicant or petitioner must perhaps
- 26:23carry out a procedure, yes, an
- 26:25additional procedure that is necessary
- 26:27to respond to that petition, then they
- 26:29will be required; that is, that
- 26:30applicant will be informed. The entity
- 26:39must communicate with that petitioner.
- 26:43That is what requiring means, it will
- 26:45be required for, well, and for this
- 26:47there are 10 days, okay? I mean, the
- 26:51entity here really has to be very
- 26:53attentive, and 10 days is a
- 26:54considerable amount of time. Let's
- 26:57remember: these are business days,
- 26:59because if an entity hasn't responded
- 27:01to, or hasn't reviewed a petition in 10
- 27:03days, then it's in bad shape, because
- 27:0510 days can be, for example, or is the
- 27:07deadline for an information request. So
- 27:11, an entity should not leave a petition
- 27:13for 10 days without looking at what it
- 27:15is about, because it could be an
- 27:16information request and it would
- 27:18already be past the deadline. So,
- 27:23within the 10 days following the filing
- 27:25date, the petitioner will be required
- 27:27to complete their request within a
- 27:29period of one month, okay? Or within a
- 27:34maximum term of one month. And, well,
- 27:42let's say the entity had 10 days to
- 27:44communicate with the petitioner and on
- 27:46day 7, or better yet on day 5, it sent
- 27:48that communication to request that the
- 27:50petitioner complete it, and for example
- 27:52, five or 10 days later the petitioner
- 27:54sends the document or complements their
- 27:56petition. So, what happens? Starting
- 28:06the day after the petitioner provides
- 28:08the documents or gives the missing
- 28:09information, the term to resolve the
- 28:11petition is reactivated. For example,
- 28:17if the entity had 10 days, it was an
- 28:19information request and on day 5 it
- 28:21required the petitioner. When the
- 28:28petitioner replies, then the entity
- 28:29will have the following 5 days to
- 28:31finish responding to the petition. Well
- 28:40, that would be in the case where the
- 28:41petitioner responds to or supplements
- 28:43their petition. But, what happens if
- 28:47suddenly the 30 days pass, that month
- 28:49goes by, and the petitioner does not
- 28:51provide the information, does not
- 28:53provide the missing documents? What is
- 28:56done in that case? In that case, if the
- 29:00petitioner definitely did not
- 29:02communicate, even though the entity
- 29:04requested it, then it is understood
- 29:05that they withdrew their request and
- 29:14unless, yes, I mean, they withdrew the
- 29:16request, unless before the deadline
- 29:18expires, unless before those 30 days
- 29:20pass, an extension is requested which
- 29:22can be for a period of up to 30 days;
- 29:24but if they definitely do not
- 29:25communicate, then the entity can decree
- 29:27the withdrawal and the filing of the
- 29:29case. Ready? How is this done? It is
- 29:36done through a reasoned administrative
- 29:37act that must be notified personally to
- 29:43the petitioner and, well, against which
- 29:45an appeal for reconsideration may be
- 29:47filed, but let's also keep in mind that
- 29:49a right of petition is relatively easy,
- 29:51it is relatively easy to carry out. So,
- 29:57if that petition is filed away, the
- 29:59petitioner can still submit it again,
- 30:01of course, meeting all the requirements
- 30:03, providing all the information,
- 30:05providing everything, well, everything
- 30:07that the entity requests for that
- 30:09process. There is, let's say, no
- 30:13prohibition that if a petition was
- 30:15filed away, it cannot be submitted
- 30:17again. If they file away your petition,
- 30:20you can simply submit it again, you can
- 30:22submit it again to that entity. Now,
- 30:26what would you answer if, for example,
- 30:28these questions appear on the exam? Is
- 30:31it possible to reject a petition or
- 30:33what happens if there is a petition
- 30:34that has been filed multiple times?
- 30:37That is to say, there is a petition
- 30:39that is like a frequently asked
- 30:40question that has been submitted many
- 30:42times to an entity. Well, the law
- 30:46speaks to us about disrespectful,
- 30:48obscure, or repetitive petitions. What
- 30:52is important to keep in mind here? Here
- 30:55they are telling us that all petitions
- 30:57submitted to entities must be
- 30:58respectful under penalty of rejection.
- 31:01What does that mean? That the only
- 31:05petitions that an entity can actually
- 31:07reject—we already saw that it is very
- 31:08complicated to reject one—but the
- 31:10case in which it can actually be
- 31:12rejected is when a petition is
- 31:13disrespectful. That would be like the
- 31:18only case, because the law indicates
- 31:19that all petitions must be respectful
- 31:21under penalty of rejection. So, that
- 31:24would be the only, only situation. Also
- 31:30, what I was mentioning to you earlier:
- 31:32if the purpose or the object of the
- 31:34petition is not understood, that is,
- 31:35the petitioner requested something, or
- 31:37filed a petition, but it is not clear
- 31:39what they actually want. In other words
- 31:45, perhaps they talk, perhaps they state
- 31:46their reasons, but in the end they
- 31:48don't say what their demands are or
- 31:50what they intend to achieve; what they
- 31:52expect from the entity, or how they
- 31:53want to be helped. Therefore, it cannot
- 31:56be answered because there is no
- 31:58question, there is no actual question.
- 32:02In such cases, that petition must be
- 32:03returned to the interested party so
- 32:05that they may clarify it within the
- 32:07following 10 days. And well, in case it
- 32:10is not corrected or clarified, then the
- 32:12petition will be filed away. That is
- 32:16what we saw earlier: that within 10
- 32:18days of receiving the petition, the
- 32:19citizen must be required to clarify or
- 32:21supplement their request. And in case
- 32:27they don't end up supplementing it, in
- 32:29case they don't communicate, then the
- 32:31petition is archived, and, likewise, it
- 32:33can be filed again. Let's remember that
- 32:38petitions that the entity considers
- 32:40inadequate or incomplete cannot be
- 32:42returned. The only petitions that can
- 32:46be returned or rejected are those that
- 32:48are disrespectful. Now, regarding
- 33:00petitions that have already been filed
- 33:02multiple times, perhaps by different
- 33:04people, petitions that are repetitive
- 33:06and that have already been answered
- 33:07previously, the entity can refer to
- 33:09responses that it has already given; or
- 33:11, well, here there would be a small
- 33:13exception, which would be in the case
- 33:14of rights or petitions that were denied
- 33:16for not meeting requirements. That
- 33:27would be the only exception to this
- 33:29section. Well, let's see. Um. Let's—
- 33:39well, you are asking a lot about the
- 33:41registrar's office competition. Yes, I
- 33:43believe the registrar's office
- 33:45competition was postponed. Keep in mind
- 33:50that the response to the—well, not
- 33:52the response, but the list of admitted
- 33:54candidates, that is, the people who
- 33:56passed the minimum requirements
- 33:58verification, was going to be published
- 34:00tomorrow, tomorrow, May 6th. But if you
- 34:06go and look at the registrar's schedule
- 34:08right now, it was extended, I think,
- 34:09until next month or two months from now
- 34:11. I think they extended it by quite a
- 34:14long deadline. So if we have time,
- 34:17we'll review the schedule now; we're
- 34:19going to continue reviewing the topic,
- 34:20and if we have time, we'll look at the
- 34:22issue of the registry office. Well,
- 34:30let's continue. An important topic
- 34:37regarding the right of petition that
- 34:39will surely help you answer your exam
- 34:40is the subject of priority petitions
- 34:42and how they are handled. On your exam,
- 34:48they might ask you, what happens, for
- 34:50example, if a journalist files a right
- 34:52of petition? Is it the same as if a
- 34:55regular person files it, or what
- 34:56treatment should it be given? The law
- 35:07speaks to us about the priority
- 35:08attention of petitions and basically
- 35:10tells us that entities can give
- 35:12priority attention to petitions where a
- 35:13fundamental right is recognized, when
- 35:15these petitions must be resolved to
- 35:17avoid irreparable harm to the
- 35:18petitioner. Let's remember that,
- 35:29likewise, if it is a right that could
- 35:31be affected, there is also the remedy
- 35:33of protection (tutela), which exists
- 35:35precisely for those cases where a
- 35:36fundamental right could be affected.
- 35:42And this happens a lot, for example, in
- 35:44health cases, where they don't deliver,
- 35:46for instance, a medication that could
- 35:48become indispensable if it isn't
- 35:50consumed within, I don't know, 24 or 48
- 35:52hours. That is precisely what the*
- 35:56tutelas*are for, but well, you could
- 35:58also submit a right of petition, which
- 36:00perhaps isn't as recommended given the
- 36:02existence of the*tutela*figure, but the
- 36:04option is there. Hm. Also when, for
- 36:10security reasons, the life or integrity
- 36:17of the petitioner is in danger, the
- 36:19authority or entity must adopt the
- 36:21necessary emergency measures to protect
- 36:23that person. Which, well, this would be
- 36:28the ideal. I have never had to file
- 36:31such a petition, but I don't know how
- 36:32much it is applied in practice. Let's
- 36:35say this is sort of the theory. I don't
- 36:38know if when it comes to applying it—
- 36:40I'm not saying no, maybe so—but I
- 36:42have never, ever had to file a petition
- 36:44for security reasons. So, I don't know
- 36:49if effectively the police or the
- 36:51authority to whom we file this petition
- 36:53would act in accordance with this law,
- 36:54quickly ensuring that the petitioner is
- 36:56in no danger. And we are also told that
- 37:02if the petition is raised or carried
- 37:04out by a journalist for the exercise of
- 37:06their journalistic activity, it will
- 37:08also be given preferential processing.
- 37:16So, basically here we can see that when
- 37:18there are fundamental rights that could
- 37:20cause harm to the petitioner, or when
- 37:22it involves security issues, or when
- 37:23the request is filed by a journalist,
- 37:25these are requests that have
- 37:27preferential treatment, a priority
- 37:28process. What would you answer if your
- 37:38exam asks you what to do with a request
- 37:39about a topic? that is not within the
- 37:42entity's jurisdiction. What to do if a
- 37:45person, for example, files a request
- 37:47regarding mobility at the Department of
- 37:49Health? The Department of Health has
- 37:52nothing to do with mobility. What would
- 37:54be done in that case? If you receive,
- 37:57if you work at the Department of Health
- 37:59and you get a request about mobility
- 38:00issues, what should you do? Well, the
- 38:12law speaks to us about officials
- 38:13without jurisdiction, and basically it
- 38:15says that if the entity to which the
- 38:17request is addressed is not the
- 38:18competent one—for example, if the
- 38:20request is written to the Department of
- 38:22Health, but upon reading it, it’s
- 38:24actually about, I don't know, vehicle
- 38:26impound lots, something related to
- 38:27roads, or infrastructure, matters that
- 38:29have nothing to do with the Department
- 38:31of Health—then in that case, the
- 38:33interested party or petitioner must be
- 38:35informed, whether it is being handled
- 38:37verbally or if it is a written request,
- 38:38they must be informed within the 5
- 38:40business days following the receipt of
- 38:42that request. Now, what happens within
- 38:53these 5 business days? That within
- 38:56these 5 days, that request must be
- 38:58transferred. So, the request is
- 39:02forwarded to the competent entity. If
- 39:06it is, for example, mobility, then the
- 39:08Department of Health must forward that
- 39:10request, must transfer it, precisely
- 39:12because it is a matter within their
- 39:14jurisdiction. And for this action, for
- 39:22this transfer, a copy must be sent to
- 39:24the petitioner, so they know that the
- 39:26entity where they filed the request was
- 39:28not the competent one, but that it will
- 39:30be processed because the request was
- 39:32transferred to the competent entity,
- 39:33and in. in the event that there is no
- 39:40competent entity, I don't know, they
- 39:42are asking something, I don't know,
- 39:44very random. then they must be informed
- 39:48that there is no entity that has
- 39:49jurisdiction over that subject matter.
- 39:55And, uh, of course, during, uh, during
- 39:58the transfer, some amount of time may
- 40:00pass, because if it's a physical
- 40:02petition, maybe the courier...If it's,
- 40:04uh, virtual, well, maybe with virtual
- 40:06there isn't so much of a problem. But
- 40:12here they tell us that the terms to
- 40:14respond to that request will be counted
- 40:16starting from the day after the receipt
- 40:17of the petition by the competent
- 40:19authority. What would you answer if on
- 40:28your exam they ask you what happens if
- 40:30more than 10 people file the same
- 40:32petition? What happens if a very large
- 40:34group of people files a petition that
- 40:36is exactly the same? Well, the law
- 40:40tells us, uh, it speaks to us about the
- 40:42organization for internal processing
- 40:44and the decision on petitions. Hm. Here
- 40:53they tell us that entities must
- 40:54regulate or must organize themselves to
- 40:56know how they are going to process
- 40:57those petitions internally. If you have
- 41:03worked in public entities, well, you
- 41:04know that perhaps not all of them work
- 41:06in the same way. Some make great use of
- 41:10information and communications
- 41:12technology. Others handle more virtual
- 41:18petitions, perhaps, but all of them
- 41:19must have a way in which they process
- 41:21those petitions and the way they are
- 41:23going to address complaints to ensure
- 41:24the proper functioning of services that
- 41:26fall under that entity's jurisdiction.
- 41:33So, I have seen, for example, that, in
- 41:35fact, all entities should have, like,
- 41:37their citizen service area; they should
- 41:40have, well, a management system for
- 41:42those petitions. Some, well, have a
- 41:46very, very good system; others, uh,
- 41:48like in the district-level sector, for
- 41:51example, they use" Bogotá Escucha, "
- 41:53which is also very good because it
- 41:55integrates, or utilizes, or coordinates
- 41:57, rather, the different district
- 41:59entities. But all without exception
- 42:04must have a procedure by which they
- 42:05will respond to those requests. Now,
- 42:11what happens if more than 10 people
- 42:13formulate analogous petitions or
- 42:15identical petitions that are very, very
- 42:17similar, that at their core are asking
- 42:19for the same thing, whether it's for
- 42:20information—let's remember the terms?
- 42:27For information, it's 10 business days;
- 42:29for general interest, which as a
- 42:30general rule is 15 business days; or
- 42:32for consultation, which we should
- 42:34remember that when they are
- 42:36consultations within the entity's
- 42:37jurisdiction, it's 30 business days.
- 42:42Well, in those cases, the entity can
- 42:44provide a single response, and this is
- 42:46a question that often appears on exams.
- 42:50Exactly, what happens when more than 10
- 42:52people file a petition? Well, the
- 42:56entity may provide a single response
- 42:58which must be published in a widely
- 43:00circulated newspaper. Ready? Let's
- 43:04remember this. When there are more than
- 43:0910 people submitting similar petitions
- 43:11or the same petition, the entity may
- 43:13provide a single response and must
- 43:15publish it in a widely circulated
- 43:16newspaper. That question has appeared,
- 43:22I think, two or three times on the, uh,
- 43:25on the exams. And, well, they will also
- 43:31post it on their website and must
- 43:32provide a copy to all interested
- 43:34parties or all petitioners who request
- 43:36it. Let's remember this one very well
- 43:41because it is very possible that they
- 43:43will ask us about it on an exam. On
- 43:48your exam, they may ask you where a
- 43:49citizen should turn if their right to
- 43:51petition was not accepted. What entity
- 43:55can support them if, for example, that
- 43:58citizen went to, well, an entity, let's
- 44:00not mention any names, and they did not
- 44:02accept that request? Well, the law
- 44:07speaks to us about the special duties
- 44:09of district and municipal personeros
- 44:10and the officials of the Inspector
- 44:12General's Office and the Ombudsman's
- 44:14Office. of the people. Basically, they
- 44:19tell us that the officials of the
- 44:21Office of the Inspector General of the
- 44:23Nation, the Ombudsman's Office, and the
- 44:25district and municipal personeros,
- 44:27according to their jurisdiction, have
- 44:28the duty, right? It is, it is as they
- 44:33have the authority to provide
- 44:35assistance to all persons who request
- 44:37it to guarantee them the exercise of
- 44:38the right of petition. Also, this, this
- 44:42question hasn't been asked of me, but
- 44:44well, they could eventually ask it
- 44:46because it is an important topic. If
- 44:49necessary, they must intervene before
- 44:50the competent authorities. If a person
- 44:56went to the Health Secretariat, well,
- 44:58to health, and they didn't accept the
- 45:00right of petition, well, they can go to
- 45:02one of these entities and they can
- 45:03intervene before these, uh, authorities
- 45:05that are indeed competent to demand,
- 45:07well, the fulfillment of their duties,
- 45:09since they would have to respond to
- 45:11that right of petition. But they can
- 45:19also receive, let's say if, if they
- 45:21didn't receive a person's petition at a
- 45:23certain entity, they can receive it in
- 45:25place of that competent entity. And,
- 45:32well, clearly afterwards they would
- 45:33have to, as we already saw, they would
- 45:36have to forward it and ensure that it
- 45:42is processed correctly, that they
- 45:43provide a response to that petitioner.
- 45:50Well, let's look at some questions that
- 45:52have been asked of us. They ask us if
- 45:59this, if this live session remains
- 46:01recorded. Yes, remember that it remains
- 46:04recorded in the, well, on my channel,
- 46:06in the live or broadcast section. If
- 46:10you want to check it later, you can to,
- 46:12well, to continue studying. They ask us
- 46:15, what does analogous mean? Well,
- 46:16analogous is how I interpret it, right?
- 46:19I don't know the exact definition, but
- 46:21I interpret it as very similar, as
- 46:22almost the same. How should anonymous
- 46:26petitions be handled? John asks us.
- 46:32Well, I think in Law 1755, as such, the
- 46:34topic of anonymous petitions isn't
- 46:36there, but normally it's done...If you
- 46:38try to file an anonymous petition, you
- 46:40still have to be given a filing number
- 46:43if you do it online, because an
- 46:44anonymous petition in person is more
- 46:46difficult. Online, you can do it, you
- 46:53can be given a filing number and you
- 46:55can subsequently check it with that
- 46:57filing number. That would be one way to
- 47:00deal with anonymous petitions. They ask
- 47:07us if the questions we are going to be
- 47:09asked about rights of petition, or in
- 47:11general, might include true or false
- 47:12questions. Normally, no. Normally, if
- 47:19you take a test, I mean, there are
- 47:21questions that are true or false, but
- 47:23only in very, very specific competitive
- 47:25exams. Usually, in the CNSC
- 47:28competitions or practically any
- 47:30competition, you won't get true or
- 47:32false questions. Always, or at least in
- 47:37all the competitions I have taken, they
- 47:39are questions with three answer options
- 47:41, A, B, or C, which use the situational
- 47:43judgment methodology. But that's
- 47:48because I haven't applied to entities
- 47:50like the INPEC, where they have these
- 47:51types of different tests that aren't
- 47:53just three answer options; sometimes
- 47:55there are six, sometimes five, and I
- 47:57think there are also true or false ones
- 47:59. So, well, that's something to keep in
- 48:05mind. Let's continue with the topic.
- 48:19Well, uh...we are going to look at
- 48:23chapter two of the right of petition
- 48:24before authorities. What are those
- 48:26special rules? This is a fundamental
- 48:30chapter of the rights of petition and
- 48:31in exams they usually ask quite a few
- 48:33questions about this topic. For example
- 48:39, in the written tests of a competition
- 48:41, you might be asked what type of
- 48:42information can only be requested by
- 48:44the holders of that information. Well,
- 48:51the law speaks to us about confidential
- 48:53information and documents and tells us
- 48:55that only information and documents
- 48:57expressly subjected to confidentiality
- 48:59by the Political Constitution or law
- 49:01will be considered confidential. And
- 49:11they give us some, well, some examples:
- 49:13for instance, those related to national
- 49:15defense or security, those that are
- 49:17instructions on diplomatic matters or
- 49:19reserved negotiations, and this is
- 49:21important, those involving rights to
- 49:23people’s privacy and intimacy. Uh,
- 49:32here we have, for example, résumés,
- 49:34employment history, pension files, and,
- 49:36well, other information that may be in
- 49:38entities or in the archives of public
- 49:40or private entities. And here we also
- 49:45have medical records. Medical records
- 49:48also, uh, well, have confidential
- 49:50treatment. Those related to financial
- 49:56conditions of public credit operations
- 49:58and the national treasury; these are
- 50:00perhaps a bit more abstract, maybe they
- 50:02don’t affect us as much in our
- 50:03day-to-day lives. And also matters
- 50:09regarding technical studies of national
- 50:11assets. I don’t think they would ever
- 50:15ask about this in any competition or
- 50:16exam, but it’s still good, good to
- 50:18know. Uh topics, for example, such as
- 50:27data concerning financial and
- 50:28commercial information or topics like,
- 50:30for instance, commercial or industrial
- 50:33secrets. Well, this one is quite
- 50:39important, too; topics like strategic
- 50:41plans of public companies or public
- 50:43utilities. Well, we see that there are
- 50:47different, like, like different, uh
- 50:52types or different confidential
- 50:54categories. Uh there would be some a
- 50:59bit, a bit more, I don't know, abstract
- 51:01, it seems to me, which are, for
- 51:03example, human genetic data. Those also
- 51:06have confidential treatment. Uh, really
- 51:10, on this particular topic, I have
- 51:12never been asked; no one has asked me a
- 51:14question about, for example, whether
- 51:16trade or industrial secrets are
- 51:18protected; they haven't asked those
- 51:20kinds of questions. Or about whether
- 51:25financial information data, uh, under
- 51:27the terms of the statutory law, are
- 51:29protected. Well, no, but that doesn't
- 51:34mean that at some point we couldn't be
- 51:36asked a question about this topic,
- 51:38especially regarding data that has to
- 51:40do with people’s right to privacy and
- 51:42intimacy. That is more likely to be
- 51:47asked in an exam. Now, what is
- 51:51important to keep in mind? That for the
- 51:59purposes of requesting confidential
- 52:01information, those related to the
- 52:03rights to people’s privacy and
- 52:05intimacy, those referring to financial
- 52:07and commercial information, those
- 52:08protected by industrial secrets, and
- 52:10those covered by professional secrecy.
- 52:20Those four can only be requested by the
- 52:22owner of the information or by their
- 52:23legal representatives and/or authorized
- 52:25persons. Those would be the only cases.
- 52:30Uh, but well, this topic is very
- 52:32specific, really almost never. Well, I
- 52:34think, as far as I can remember, I have
- 52:36never been asked this in an exam.
- 52:40Perhaps the issue of, of, uh, what I
- 52:41was telling you about the right to
- 52:43privacy and intimacy would be the only
- 52:45one; but the others are perhaps a bit
- 52:47more ambiguous and we might not get
- 52:48asked about them. If they ask you on
- 52:55your exam what to do when a document
- 52:57containing private information is
- 52:58requested, what would you answer? We
- 53:02have already seen what some categories
- 53:04of confidential information are. Well,
- 53:08the law tells us about the rejection of
- 53:11requests, uh, information requests due
- 53:13to confidentiality. So, if for example
- 53:18they are requesting a medical record,
- 53:19we have already seen that medical
- 53:21records are confidential, they are
- 53:23protected, so, what is important to
- 53:25keep in mind? Practically here we must
- 53:30consider that any decision made by the
- 53:32entity to reject the request for
- 53:34information or documents must be
- 53:36justified. Ready? It must be justified,
- 53:40in this case due to the fact that it is
- 53:42confidential information, reserved
- 53:44information. But the entity must also
- 53:50precisely indicate what those legal
- 53:51provisions are that prevent it from
- 53:53handing over the information or those
- 53:55documents that the petitioner is
- 53:56requesting, and this information must
- 53:58be communicated in the response. Well,
- 54:06this information would practically be
- 54:08the same Law 1755 or Law 1437 of 2011,
- 54:10where they tell us what those
- 54:12categories are with a reserved
- 54:14character or classified information.
- 54:19And well, but anyway that information
- 54:21must be communicated to the petitioner,
- 54:23so that he knows. Uh, and well, against
- 54:27this decision that the entity takes to
- 54:29reject that request for reasons of
- 54:31legal reservation, no appeal proceeds.
- 54:35Ready? Except, uh, well, what we are
- 54:38going to see later on. Uh, but
- 54:42basically the restriction due to this
- 54:44legal reservation, which also must be
- 54:46kept very much in mind. This
- 54:50restriction due to reservation does not
- 54:52extend to other parts of the document
- 54:54being requested. What happens? For
- 54:58example, there may be a, I don't know,
- 55:00a contract, let's use that example,
- 55:02that has some sections that are
- 55:04classified. For example, page 5 to 10
- 55:08is classified, that information cannot
- 55:10be shown, but the first pages can, and
- 55:12page 11 to 20 as well. Therefore, the
- 55:18entity cannot simply refuse to hand
- 55:19over that document because it has
- 55:21classified information. What should be
- 55:29done is to provide the information that
- 55:30is not classified and censor or remove
- 55:32the information that is, because what
- 55:34the law tells us is that this
- 55:35restriction does not extend to other
- 55:37parts of that file or proceeding. On
- 55:46your exam, they might ask you, for
- 55:48example, what to do if a person insists
- 55:50on a request that was denied due to
- 55:52confidentiality. So, that person
- 55:56already requested information that is
- 55:58protected or classified, but that
- 56:00person insists. The law speaks to us
- 56:05precisely about the applicant's
- 56:06insistence in the event that the
- 56:08information is confidential. And what
- 56:11does it tell us? Well, if the entity
- 56:18already received the first request,
- 56:20told the petitioner that said request
- 56:22or information could not be provided
- 56:24because it was confidential, and that
- 56:26petitioner asks the same thing again,
- 56:28well in those cases, yes, in those
- 56:29cases the entity that states or invokes
- 56:31that legal confidentiality, well, in
- 56:44this case, the, well, it depends; it
- 56:46may correspond to the administrative
- 56:48tribunal that has jurisdiction in the
- 56:50place where the documents are located,
- 56:52if it is a national authority, or to an
- 57:01administrative judge, if it concerns
- 57:03district and municipal authorities. But
- 57:10basically, here it is a matter of
- 57:12competence. It may be either the
- 57:22administrative tribunal or the
- 57:23administrative judge, but the important
- 57:25thing is that in these cases, it is not
- 57:27the entity that decides again or denies
- 57:29the request to the petitioner again,
- 57:31but rather it refers it to the
- 57:32competent authority, whether it be the
- 57:34administrative judge, if it is a
- 57:36district or municipal authority, or the
- 57:38administrative tribunal that has
- 57:39jurisdiction where the documents
- 57:41requested are located. To do this, to
- 57:54send that request to either the
- 57:56tribunal or the judge, the official
- 57:57sends this documentation, which either
- 57:59the judge or the tribunal must decide
- 58:01upon within the following 10 days. In
- 58:08other words, it is very, very similar.
- 58:12Well, this term I think is a little
- 58:13different, because if the tribunal has
- 58:1510 days to respond, it is as if it had
- 58:17those 10 days which are the 10 days for
- 58:19an information request. But that term
- 58:26can be interrupted; those 10 days that
- 58:28the administrative tribunal or
- 58:30administrative judge has can be
- 58:31interrupted, for example, when the
- 58:33tribunal or judge requests a copy of
- 58:35the documents upon which they must
- 58:37decide. I mean, if they didn't send the
- 58:43judge the information, then they have
- 58:45to send it to him; otherwise, he won't
- 58:47be able to respond. Well, one moment,
- 58:56let's see, give me a moment. Ready.
- 59:08Another way this deadline can be
- 59:09interrupted is when the entity asks the
- 59:11Council of State section to take up the
- 59:13matter due to its legal importance in
- 59:15order to unify criteria on the subject.
- 59:22Well, this has never actually come up
- 59:24on an exam for me, but that doesn't
- 59:25mean they couldn't ask about it. And
- 59:31well, if after 5 days, let's say, the
- 59:33section remains silent or decides not
- 59:35to take up the case, the proceedings
- 59:37continue before the respective court or
- 59:39administrative judge. So, well, these
- 59:44are somewhat special cases in which
- 59:46that term can be interrupted, but it is
- 59:48important that we keep them in mind.
- 59:55Here, ultimately, the important thing
- 59:57to know is that if the petitioner has
- 59:58already been told that they cannot,
- 1:00:00well, that the information is
- 1:00:02confidential and the petitioner insists
- 1:00:04, then in that case the information or
- 1:00:05that case must be sent to the court or
- 1:00:07administrative judge, depending on
- 1:00:09jurisdiction, for them to respond. That
- 1:00:15is the most important thing to keep in
- 1:00:16mind in this section. Well, the law
- 1:00:23also tells us about the inapplicability
- 1:00:25of the exceptions. We already saw what
- 1:00:30those exceptions are, but we must keep
- 1:00:31in mind that they will not always apply
- 1:00:33. In what cases might they not apply?
- 1:00:45For example, if there is information
- 1:00:47that is confidential, or certain
- 1:00:48documents are classified, this does not
- 1:00:50apply to judicial or legislative
- 1:00:52authorities, nor to administrative
- 1:00:54authorities that, being competent,
- 1:00:56request it for the exercise of their
- 1:00:58functions. So, those would be like some
- 1:01:07exceptions. In those cases, that
- 1:01:10information could indeed be sent. And
- 1:01:14in these cases, it is up to those
- 1:01:16entities to ensure the confidentiality
- 1:01:18of that information. That information
- 1:01:25cannot be handled carelessly; rather,
- 1:01:27these entities must ensure they guard
- 1:01:29and take very good care of that
- 1:01:30information because, in a way, they
- 1:01:32were granted control and the protection
- 1:01:34of that confidential or classified
- 1:01:36information. Now, something else the
- 1:01:46law tells us is the scope of legal
- 1:01:48opinions. What is important to keep in
- 1:01:51mind here? Well, regarding legal
- 1:02:01opinions, we must keep in mind that
- 1:02:03when an entity responds to a petition
- 1:02:04that is in the nature of a consultation
- 1:02:06, we must remember that those responses
- 1:02:08are not mandatory or binding. This is
- 1:02:20something many of us have surely seen
- 1:02:22in the opinions issued by the Civil
- 1:02:23Service Department, for instance, which
- 1:02:25issues very good opinions. Here, they
- 1:02:30basically clarify information for the
- 1:02:32petitioner on different topics. I have
- 1:02:34seen very, very different topics. What
- 1:02:39I have searched for the most are topics
- 1:02:41related to public employment, which is
- 1:02:43what the Civil Service Department does
- 1:02:45most; it is like their strong suit, and
- 1:02:47they provide a very good explanation of
- 1:02:48the law, of how they believe it should
- 1:02:50be interpreted. But, in the end, they
- 1:02:57say:" in the opinion of this authority,
- 1:02:59we believe such and such is the case
- 1:03:01because of this, "but that does not
- 1:03:02mean that the information they provide,
- 1:03:04that opinion given, for example, by the
- 1:03:06Civil Service Department on a different
- 1:03:08subject, is mandatory to follow or
- 1:03:10execute. That is important for us to
- 1:03:15keep in mind. Well, let's look at some
- 1:03:21questions that have come in. Lina,
- 1:03:23thank you very much for purchasing the
- 1:03:25membership; I welcome you. Well, they
- 1:03:29are talking a lot about the National
- 1:03:31Registry here. Yes, I think we are
- 1:03:33already finishing this topic. So, as
- 1:03:35soon as we finish it, we will review
- 1:03:37the topic of the National Registry.
- 1:03:46Well, let's continue. An important
- 1:03:54topic that you might be asked about
- 1:03:56regarding rights of petition, and which
- 1:03:58will very likely help you answer your
- 1:03:59exam, is the topic of petitions before
- 1:04:01authorities and sanctions. What is
- 1:04:06important to keep in mind here? Here
- 1:04:08they tell us, for example, about the
- 1:04:10reproduction of documents. So, what
- 1:04:14would you answer if, on your exam, they
- 1:04:16ask you what happens if a petitioner
- 1:04:18requests a large quantity of documents?
- 1:04:23Should those copies be paid for by,
- 1:04:25let's say, the entity? Or is the
- 1:04:29petitioner the one in charge of paying
- 1:04:31for the cost of reproducing those
- 1:04:33documents? It is a question that could
- 1:04:36potentially come up. What is important
- 1:04:39to keep in mind here? That in no case
- 1:04:43can the price of the copies, yes, the
- 1:04:45price of those copies that the
- 1:04:46petitioner is requesting, exceed the
- 1:04:48cost of reproduction, meaning the value
- 1:04:51it costs to, I don't know, make each
- 1:04:52copy. So, for example, if you go to a
- 1:05:00stationery store, a copy might cost you
- 1:05:03200 pesos because they have to spend on
- 1:05:05ink, they have to spend on electricity,
- 1:05:07they have to spend on, well, the
- 1:05:09printer, the depreciation, and they
- 1:05:11also have to make a profit margin. But
- 1:05:19let's assume that a stationery store
- 1:05:21spends 100 pesos to make each copy and
- 1:05:23sells them for 200; well, they would
- 1:05:25have those 100 pesos in profit before
- 1:05:27taxes. In the case of government
- 1:05:30entities, it is not like that. If it
- 1:05:33costs the entity 100 pesos to make a
- 1:05:36copy in electricity, ink, printer
- 1:05:38depreciation, and so on, that is the
- 1:05:40maximum amount they can charge. This
- 1:05:47reproduction of documents cannot
- 1:05:48represent a profit for the entity; it
- 1:05:50cannot be a form of revenue for the
- 1:05:52nation. So, it is important to keep in
- 1:06:00mind that the cost of this reproduction
- 1:06:02cannot exceed the commercial reference
- 1:06:03value in the market. Got it? It cannot
- 1:06:07be higher than that value. What would
- 1:06:16you answer if, on an exam, they asked
- 1:06:18you, for example, if the Secretary of
- 1:06:20Health makes a request for information
- 1:06:22or a petition to the Secretary of
- 1:06:23Mobility, how many days would that
- 1:06:25secretariat have to respond? Could it
- 1:06:32be the same timeframe? Could it be a
- 1:06:34shorter timeframe? A longer timeframe.
- 1:06:41Well, the law speaks to us precisely
- 1:06:43about petitions between authorities and
- 1:06:45tells us that when one entity submits a
- 1:06:46request for information or documents to
- 1:06:48another entity, that entity must
- 1:06:50resolve it within a period of no more
- 1:06:52than 10 days. What does this mean? Well
- 1:06:59, practically, even if it is an
- 1:07:01authority—for example, one district
- 1:07:03secretariat asking another district or
- 1:07:05territorial secretariat—the timeframe
- 1:07:08is the same. It is those 10 days for a
- 1:07:14request for information, and in other
- 1:07:16cases, the requests are resolved within
- 1:07:18the terms already seen previously. If
- 1:07:23it is general, it is 15 days, and if it
- 1:07:26is an inquiry, it is 30 days. So, this
- 1:07:33information given in the law is a bit
- 1:07:35curious because one might think that
- 1:07:37from one authority or entity to another
- 1:07:39, there would be some kind of
- 1:07:40preference, a way to respond faster.
- 1:07:48But no, practically, they are telling
- 1:07:50us here that even if it is an authority
- 1:07:52or an entity making a request to
- 1:07:54another, it must be answered exactly as
- 1:07:56if it were a normal petition submitted
- 1:07:57by a citizen. Now, what would you
- 1:08:06answer if on your exam they asked you
- 1:08:07what the consequences are if a public
- 1:08:09servant does not respond to a petition
- 1:08:11within the established terms? Does it
- 1:08:16have any consequence? Could it be that
- 1:08:19nothing happens? Could it be a
- 1:08:20reprimand? What would happen in this
- 1:08:22case? Well, the law speaks to us about
- 1:08:26disciplinary offenses, disciplinary
- 1:08:28faults, and sanctions for public
- 1:08:30servants. And here they are telling us
- 1:08:36that when a petition is not addressed,
- 1:08:37and the deadlines for resolving each
- 1:08:39petition according to its type are not
- 1:08:41met, well, um, in these cases, this
- 1:08:51inaction, this omission on the part of
- 1:08:53the public servant, leads to the
- 1:08:55corresponding sanctions in accordance
- 1:08:56with the disciplinary regime. So, let's
- 1:09:04keep in mind that if a public servant
- 1:09:06does not respond to a petition within
- 1:09:08the established terms, it leads to an
- 1:09:10investigation and a possible
- 1:09:11disciplinary sanction. So, there is
- 1:09:16indeed a consequence for public
- 1:09:18servants who fail to respond to a
- 1:09:19petition. Well, let's see. Uh, I think
- 1:09:31more questions here talk to us about
- 1:09:34various contests. We are about to
- 1:09:37finish this topic. We are going to
- 1:09:39finish the topic of rights of petition
- 1:09:41and start answering the questions you
- 1:09:42have. We are going to talk about
- 1:09:48Chapter 3 of Law 1755, which speaks to
- 1:09:52us about the right of petition before
- 1:09:54private organizations and institutions.
- 1:09:57What is important to keep in mind? I
- 1:10:00would say this is not such an important
- 1:10:02topic because, personally, I don't
- 1:10:03think I've ever been asked about it. I
- 1:10:07don't think I've ever been asked, but
- 1:10:08it is important that you at least know
- 1:10:10what it is about. Now, here they talk
- 1:10:15to us about the right of petition
- 1:10:17before private organizations to
- 1:10:18guarantee fundamental rights. What do
- 1:10:22they tell us here? They tell us that
- 1:10:28everyone, any citizen, can exercise the
- 1:10:30right of petition to guarantee their
- 1:10:32fundamental rights before private
- 1:10:34institutions with or without legal
- 1:10:36personality, for example, societies,
- 1:10:39corporations, foundations, associations
- 1:10:41, religious organizations, cooperatives
- 1:10:43, financial institutions, or clubs. And
- 1:10:53well, practically these entities or
- 1:10:55these private organizations—this
- 1:10:57could actually be a question on an exam
- 1:10:59—are subject to the same principles
- 1:11:01and rules established in Chapter One,
- 1:11:03which is the one we already saw. Now,
- 1:11:16on the subject of these institutions—
- 1:11:17yes, these private institutions—in
- 1:11:19order for them to invoke a reservation
- 1:11:21regarding the requested information,
- 1:11:23that information can only be withheld
- 1:11:25in cases expressly established in the
- 1:11:27Political Constitution and the law.
- 1:11:37which, well, ultimately I would believe
- 1:11:39they would be very similar to those
- 1:11:40that already exist, but clearly with
- 1:11:42the exceptions that these entities do
- 1:11:44not manage public resources and, well,
- 1:11:46there would be some that would not
- 1:11:47apply, but many of those we saw would
- 1:11:49indeed have that reservation in
- 1:11:51companies. It is important that
- 1:12:03requests made to companies or
- 1:12:05individuals who manage financial,
- 1:12:07credit, commercial, service, or foreign
- 1:12:09databases, are governed by the
- 1:12:10provisions found in the Habeas Data law
- 1:12:12. This is a law that we might look at
- 1:12:23later on. It is a very interesting law.
- 1:12:28It might not be asked about that often
- 1:12:29in examinations, but it could be good
- 1:12:31for you to know it. The subject of
- 1:12:42personal data protection is becoming
- 1:12:43increasingly important in organizations
- 1:12:45, or at least that is my perception
- 1:12:47from working in these entities; it
- 1:12:49seems that more and more importance is
- 1:12:51being given to data protection, which I
- 1:12:53think is a very good approach to
- 1:12:54protect sensitive, private information
- 1:12:56belonging to us all—information that
- 1:12:58entities hold but do not always protect
- 1:13:00well, leaving it exposed. That is
- 1:13:10precisely why the Habeas Data law and
- 1:13:12others aim to protect the information
- 1:13:14of citizens and individuals. Mm. Well,
- 1:13:21let's continue. In general, private
- 1:13:29organizations are treated practically
- 1:13:31the same as public entities regarding
- 1:13:33rights of petition. For example, they
- 1:13:38cannot refuse to receive a petition.
- 1:13:44However, in these cases, if an entity
- 1:13:46refuses to respond to a petition, they
- 1:13:48may incur sanctions or fines from the
- 1:13:50competent authorities. So, in a way,
- 1:13:56they are treated very similarly to
- 1:13:58public entities. Well, the law also
- 1:14:04tells us about the right of petition
- 1:14:06for users before private institutions.
- 1:14:11And here they speak to us about some
- 1:14:15specific institutions. They mention
- 1:14:23family compensation funds, social
- 1:14:24security system institutions, financial
- 1:14:27system entities, public utility
- 1:14:28services, and those governed by private
- 1:14:30law. They tell us that practically in
- 1:14:41all of them, in their relationship with
- 1:14:43users—or clients, we could say—all
- 1:14:45the provisions on rights of petition
- 1:14:47that we saw in chapters one and two
- 1:14:49apply. As I mentioned, these entities
- 1:14:57have practically the same
- 1:14:58responsibilities as a public entity.
- 1:15:03Therefore, practically the entirety of
- 1:15:06Law 1755 of 2015 applies to all of them
- 1:15:11. Well, that is all for this topic. I
- 1:15:21hope it has been helpful, I hope that
- 1:15:23it is, well, useful for answering those
- 1:15:25questions you might be asked regarding
- 1:15:27petitions. Uh, much of the information
- 1:15:33we saw today has, in fact, been asked
- 1:15:35on my exams. Other information perhaps
- 1:15:39not, perhaps I haven't been asked it,
- 1:15:41but that doesn't mean they won't ask it
- 1:15:43at some point. So, this law is
- 1:15:46important, Law 1755, it is very short.
- 1:15:51It is a law, a very, very short law, it
- 1:15:54has like six or seven pages. So, it is
- 1:15:57highly recommended that we review it,
- 1:15:59that we know it, that I, for example,
- 1:16:01before every, practically before every
- 1:16:06uh, exam, right? Before every exam I
- 1:16:11review it, I go over it to remember the
- 1:16:13most important information. And, very
- 1:16:18surely, I know that they will very
- 1:16:19surely ask me about much of the
- 1:16:21information that is there. So, it is
- 1:16:26important to study this law, to know it
- 1:16:28, so that we can use it, so that the
- 1:16:30information helps us in the
- 1:16:31competitions and the exams we take.
- 1:16:37Well, let's answer the questions. Let's
- 1:16:40answer the questions that are in the
- 1:16:41chat. Uh, give me a moment here. Hm. I
- 1:16:47am going to set it up to be able to see
- 1:16:49the chat here. Well, I think now ready.
- 1:17:02Let's see. Mm. Mm. There. Ready. Well,
- 1:17:13let's look at the chat. Let's see some
- 1:17:16questions we received. Uh, Lina, thank
- 1:17:18you very much again for purchasing the
- 1:17:20membership. Uh, here which which topic
- 1:17:29would you like us to look at later?
- 1:17:32What topic would you like us to cover
- 1:17:34for the next live streams? Well, one of
- 1:17:39the topics we are going to look at is
- 1:17:41customer service, which is also an
- 1:17:43important topic for the competitions.
- 1:17:49Uh, basically, we are going to look at
- 1:17:51all the basic competencies that are
- 1:17:53super relevant. But well, what other
- 1:17:56topic would you like? Let's remember
- 1:18:01that I did today's topic thinking a bit
- 1:18:03about the registrar's office
- 1:18:04competition that was going to start,
- 1:18:06the day the exam was going to be held
- 1:18:08next month, but it was postponed, they
- 1:18:09postponed it. Let's see what people are
- 1:18:21commenting a lot about, which is the
- 1:18:23registrar's office calendar. Let's see,
- 1:18:28because, well, I don't think this is
- 1:18:30the page, I think this is already
- 1:18:32redirecting to another page. W
- 1:18:37Registraduría is this one here. Let's
- 1:18:41look at the schedule. What happened?
- 1:18:43What happened here? Well, they changed
- 1:18:46this schedule today, I think, or maybe
- 1:18:48yesterday. If we look here at the
- 1:18:56Registrar's website, we can see that
- 1:18:58the schedule, which previously had the
- 1:19:00BRM publication date set for tomorrow,
- 1:19:02I believe, May 6th, has been extended a
- 1:19:05lot, a whole lot, I would say. They
- 1:19:11extended it until July 15th. July 15th.
- 1:19:19So, well, clearly they are no longer
- 1:19:21going to hold the exam next month. It
- 1:19:25did seem a bit, uh, exaggerated to me,
- 1:19:27the like the, the time they had given
- 1:19:33for these stages, because practically
- 1:19:34they were giving I think less than two
- 1:19:36months to Yes, less than 1 2 3 4 5.
- 1:19:44Well, they were giving two months to—
- 1:19:46yes, less than two, less than two—to
- 1:19:48review all the requirements, the entire
- 1:19:50verification of minimum requirements
- 1:19:52for all the people who applied. I don't
- 1:19:57remember how many had applied, but I
- 1:19:59think it was 300,000, 200,000. Of
- 1:20:02course, that's a lot. And that's even
- 1:20:07though the website was malfunctioning,
- 1:20:09many, many people still applied. Hm.
- 1:20:16Well, let's see. Let's answer the
- 1:20:20questions. I remind those people who
- 1:20:25might want to purchase the membership,
- 1:20:27some people have purchased it in this
- 1:20:29live stream, that they can do it here
- 1:20:31on my channel, Misión Mérito, right
- 1:20:33here where it says" Join. "Remember
- 1:20:35that the cost is 10,000 per month. Well
- 1:20:37, you have access to different benefits
- 1:20:39. This live stream today might remain
- 1:20:43only for channel members, but later on,
- 1:20:45later on, uh, so that everyone can
- 1:20:47study, and well, later it will be only
- 1:20:49for channel members. John, thank you
- 1:20:55very much for purchasing the membership
- 1:20:57, I welcome you. Let's see what
- 1:20:59questions, what questions had come in.
- 1:21:03I'm going to leave the schedule here so
- 1:21:05we can keep it in mind. The results of
- 1:21:10the minimum requirements verification
- 1:21:12will no longer be published tomorrow,
- 1:21:14but rather in two months, in more than
- 1:21:16two months. Jorge tells us about the
- 1:21:29topic of document management, well, it
- 1:21:31could be document management, it could
- 1:21:33be. Milena says, office automation.
- 1:21:37Well, office automation could also be
- 1:21:39it, it is a very important topic.
- 1:21:42Camila says to us," Document management
- 1:21:44, "they tell us MIPG. Well, MIPG is not
- 1:21:48a topic I like very much, to be honest,
- 1:21:51but it is also important. Go ahead,
- 1:21:55Paola. Ready, with pleasure. Regardless
- 1:21:57, this is the schedule. Ready. This is
- 1:22:00the new schedule for us to keep in mind
- 1:22:02. Document management, office
- 1:22:05automation. Well, let's do a survey.
- 1:22:08We're going to do a survey. tell us
- 1:22:13what topic you would like for, well, it
- 1:22:19won't be the next one, I mean, it won't
- 1:22:21be the Wednesday live stream, but I
- 1:22:23think maybe we can do a live study
- 1:22:25session every week for the competitions
- 1:22:26. the next study live stream. So
- 1:22:34they're saying over here office
- 1:22:36software, they're mentioning document
- 1:22:40management and MPG and what was the
- 1:22:47other one MIPG. Well, it could be the
- 1:22:52Political Constitution. We'll look into
- 1:22:58those. To start with the basic
- 1:23:06competencies and then from there move
- 1:23:08towards competencies that are, well,
- 1:23:10more mission-specific to each entity.
- 1:23:29The next one I still think will be
- 1:23:30about citizen service, I believe. But
- 1:23:34afterwards, we could look at document
- 1:23:36management. I see that it's the one
- 1:23:38people are most interested in. Document
- 1:23:40management and then office software. It
- 1:23:43could be the unified civil registry
- 1:23:48circular. Well, the thing about the
- 1:23:50circular is that we have more time now.
- 1:23:56I mean, I was going to do them, I
- 1:23:57really was going to do those, but
- 1:23:59because I thought, well, until
- 1:24:01yesterday that was the case, that the
- 1:24:03exam was going to be next month, that
- 1:24:04we had practically less than a month to
- 1:24:06study; but with this new schedule, we
- 1:24:08see that we have, what? Maybe about 4
- 1:24:15months, 4 months until the registrar's
- 1:24:17office tests. So, well, they might be
- 1:24:24close to the National University tests,
- 1:24:26to the tests of the Comptroller's
- 1:24:31Office which are in October. These
- 1:24:34tests will possibly be in September.
- 1:24:38Maybe the registrar's office will hold
- 1:24:40their tests in September. So, all the
- 1:24:44topics we are covering in these live
- 1:24:46streams, citizen service, right to
- 1:24:48petition, document management, office
- 1:24:50software, MIPG, Constitution, are
- 1:24:52topics that will be useful for all the
- 1:24:54competitions you are applying for. Well
- 1:24:59, I will take this distribution into
- 1:25:01account. I'll do citizen service, then
- 1:25:03I'll do document management, which is
- 1:25:05not a subject that, I mean, I did work
- 1:25:07on that topic, but it's not like I
- 1:25:09master it. I'll try to explain at least
- 1:25:12the basics that you should know. And
- 1:25:17then we can look at the Political
- 1:25:18Constitution and MIPG. Those would be
- 1:25:24the next topics to review. Hm. the link
- 1:25:30for the schedule. Oh, well, I'll share
- 1:25:34it with you anyway, I'll share this
- 1:25:36link for the people who are registered
- 1:25:38in the" concur "or who signed up for
- 1:25:40the registrar's office competition. At
- 1:25:44this link you can see the new schedule.
- 1:25:52I pinned it there so those on TikTok
- 1:25:53can see it too. Well, there's the link.
- 1:26:04Uh, well, differences between YouTube
- 1:26:09and TikTok memberships. I actually
- 1:26:12recommend the YouTube one more, because
- 1:26:14on YouTube there are some exclusive
- 1:26:16videos, uh, there's study material. On
- 1:26:20TikTok, well, I always try to respond,
- 1:26:22uh, to the comments from the TikTok
- 1:26:24members. But truthfully, I'm always
- 1:26:28more attentive to those on YouTube. So
- 1:26:31if you want to get one, well, I'd
- 1:26:32recommend the YouTube one more. Well,
- 1:26:39Mari asks us a question: how often are
- 1:26:41calls for applications published for
- 1:26:43the Prosecutor's Office and which
- 1:26:45professions or technical roles are most
- 1:26:47in demand? Well, Mari, how often? I
- 1:26:50think they've been published more or
- 1:26:52less every 2 years, possibly the next
- 1:26:54one will also be in a year and a half
- 1:26:56or 2 years. And the one, the most
- 1:26:59requested profession is uh, law. Law is
- 1:27:06the most requested field. Well,
- 1:27:17remember, remember that the, the the
- 1:27:25list of admitted candidates for the
- 1:27:27Registrar's Office is not coming out
- 1:27:28tomorrow. It's not coming out tomorrow.
- 1:27:31I think I'm going to make a video, uh,
- 1:27:33about that, okay? I'm going to make a
- 1:27:35video to explain the new schedule, okay
- 1:27:37? Because now the new date is July 15th
- 1:27:45, in two, in two months. In two months.
- 1:27:51Uh, the lists from the Registrar's
- 1:27:53Office, why aren't they coming out
- 1:27:55tomorrow? Because I don't know, I think
- 1:27:58it's because the date was too soon.
- 1:28:00This is the list of registered
- 1:28:02applicants. This is the list of
- 1:28:03registered applicants. This is not the
- 1:28:05list of admitted candidates. That is
- 1:28:07different. It's one thing for me to
- 1:28:10register, another for me to be admitted
- 1:28:12. I mean, I register by uploading my
- 1:28:17documents, uh, by staying alert,
- 1:28:18clicking register, and that simply
- 1:28:20implies that I registered, that I'm
- 1:28:22participating in that selection process
- 1:28:24. It's something else entirely for me
- 1:28:29to be admitted; in order to be admitted
- 1:28:31, I had to have uploaded my high school
- 1:28:33diploma, basically, and my ID. This
- 1:28:40list simply says, everyone here
- 1:28:41registered; we don't know if they
- 1:28:43uploaded their ID, we don't know if
- 1:28:45they uploaded their high school diploma
- 1:28:47. That, we will perform that analysis
- 1:28:55and we will let you know who did upload
- 1:28:57all the information on July 15th. Got
- 1:29:02it. On July 15th, the results of who
- 1:29:05was admitted to the Registrar's Office
- 1:29:07will be released. Did they postpone the
- 1:29:13exam, Juan asks us. Yes, of course. The
- 1:29:17exam was actually in June, but clearly
- 1:29:19now, if they postponed the minimum
- 1:29:21requirements verification by two months
- 1:29:23, I’d say they’re going to postpone
- 1:29:25the exam by two months too, I would
- 1:29:26think. Like it was in June or maybe
- 1:29:34even more, because I’d say in August,
- 1:29:36but in August the the final list only
- 1:29:41just comes out, so maybe up to 3 months
- 1:29:43, it could be. Emerson asks us," I’ve
- 1:29:48been a professional in public
- 1:29:49accounting since 2023. My professional
- 1:29:53license is currently being processed.
- 1:29:55From what date should my professional
- 1:29:57experience count? "" Well, Emerson, in
- 1:30:00that case, you should count your
- 1:30:02experience starting from your
- 1:30:03graduation date. There are some
- 1:30:08professions that count their
- 1:30:10professional experience starting from
- 1:30:11the professional license, but
- 1:30:13accounting is not among those
- 1:30:14professions. The professions that are
- 1:30:19there are engineering and health
- 1:30:20professions. Maria tells us, "I
- 1:30:30registered and I don't appear in the
- 1:30:32list of registrants. Why does that
- 1:30:34happen?" Well, Maria, if you have the
- 1:30:38code you were given at registration, uh
- 1:30:40, if you want, file a formal petition.
- 1:30:43Actually, I haven't seen if I appear on
- 1:30:45that list. I have to check. Well, I
- 1:30:48would have to look for the code. I
- 1:30:50don't know if I have it here. No, but
- 1:30:51that code is the registration one,
- 1:30:53right? Hm. Maybe I took a screenshot,
- 1:30:58but well, I’d have to look for myself
- 1:31:00, but clearly, if you registered, you
- 1:31:02should be here, and in case you're not,
- 1:31:04but you do have the code, well, I would
- 1:31:06recommend that you send a formal
- 1:31:08petition to this email here. Concurso
- 1:31:132025 [email protected]. Take advantage
- 1:31:19of the fact that they postponed the
- 1:31:21publication of results and do it right
- 1:31:22away so you don't have problems later
- 1:31:24on. Ready. Emerson asks us, Mari, where
- 1:31:30can that list be seen? Mari, you can
- 1:31:34see it in the chat, I'm posting a link.
- 1:31:38Through that link, you will be able to
- 1:31:40access this page and here you simply
- 1:31:45click where it says list of registrants
- 1:31:47. It opens this list that has everyone
- 1:31:51registered in this contest. How many
- 1:31:56registered? I don't remember. Does
- 1:31:58anyone happen to have the number? Let's
- 1:32:01count. Let's see. 2 4 6 8 10 12 14 16
- 1:32:0918 20 22 24 26 28 30 36 38 40 43*4
- 1:32:27let's see 4225 more or less, well, it
- 1:32:30wasn't as many as you thought, about
- 1:32:33185,000 signed up more or less 185,000.
- 1:32:41So, clearly, I think that's why they
- 1:32:43postponed it. They postponed it because
- 1:32:46, I mean, 185,000 people—let’s say
- 1:32:49they have a team of, I don't know, 10
- 1:32:51people—that would be 10 people
- 1:32:53reviewing documents. Hm. That would
- 1:33:01mean each person would have to review
- 1:33:0318,000 documents, and if you divide
- 1:33:05that into, I don't know, they had about
- 1:33:072 months, into 60 days. I mean, each
- 1:33:11person would have to review 300
- 1:33:13documents every day, including weekends
- 1:33:15. That, with a team of 10 people—the
- 1:33:19fact is, all the dates were very, very
- 1:33:21close together. Surely that’s why
- 1:33:24they extended it so much, 2 months.
- 1:33:26It’s just that even with 2 months,
- 1:33:28they would still have to review 150
- 1:33:30applications daily. That, well, is not
- 1:33:32that easy. Okay, let's see, Alberto
- 1:33:42asks us, "Regarding professional
- 1:33:46experience, when several degrees are
- 1:33:48applying for a job, is professional
- 1:33:49experience counted from the issuance of
- 1:33:51the professional title?""Yes." Yes,
- 1:33:55Alberto, when only, for example, health
- 1:33:58professions are competing, experience
- 1:34:00is counted from the issuance of the
- 1:34:02professional license. But if health
- 1:34:08professions are competing with, for
- 1:34:10example, administration, for example, I
- 1:34:12don't know, psychology, education
- 1:34:14degrees, where experience counts from
- 1:34:16the graduation date, it would be unfair
- 1:34:18for those professions to have their
- 1:34:20experience counted from the...uh...
- 1:34:22license. So, in those cases, it is
- 1:34:28counted from the title, but if they are
- 1:34:30only competing among themselves, then
- 1:34:32the principle of equality applies, and
- 1:34:34for all of them, experience counts from
- 1:34:36the professional license. But Ana asks
- 1:34:41us, when is the District 6 exam? I
- 1:34:44think next month, it might be next
- 1:34:46month. District 6. District 6 is very
- 1:34:51close now, I mean, the Registrar’s
- 1:34:53Office and District 6 were, were very
- 1:34:56close. In fact, when I saw that they
- 1:35:02changed the Registrar’s Office
- 1:35:04schedule, I said, "Well, maybe, the
- 1:35:06topic for today wasn't that, that
- 1:35:07important." But then I remembered
- 1:35:12District 6, because District 6 is also
- 1:35:14right around the corner; we are one or
- 1:35:16two months away from taking the tests
- 1:35:18for that competition. I think I signed
- 1:35:20up, actually, I think I signed up for
- 1:35:22that competition. Hm, I have to check.
- 1:35:25I think so. So, well, I'm going to go
- 1:35:29take the tests, and that day we'll do a
- 1:35:31live stream to see what we thought of
- 1:35:33the tests. The tests are always cool.
- 1:35:38The district ones are almost always
- 1:35:40done by the Libre, right? I think
- 1:35:42they’ve always done them. I don't
- 1:35:44remember if the Libre University did
- 1:35:46the District 5 ones, but I think the
- 1:35:48Gran Colombiano did them. But I
- 1:35:50actually quite like the Libre
- 1:35:51University tests. So, they are, they're
- 1:35:53interesting. Emerson asks us, when do
- 1:35:56you think the date for Territorial 11
- 1:35:58will be? That one is also coming up
- 1:36:00very soon. I think, for example, we'll
- 1:36:05take Territorial 11 or District 6, one
- 1:36:07of the two, and a week or two weeks or
- 1:36:09maybe three weeks later we'll take the
- 1:36:11other; I mean, Territorial 11 and
- 1:36:13District 6 are very close, and I think
- 1:36:15the tests will be, most likely, in the
- 1:36:17same month or at most a month apart.
- 1:36:26What happened with Antioquia 3? Well,
- 1:36:29Antioquia 3, Territorial Comptroller's
- 1:36:31Offices, Ministry of Labor, those calls
- 1:36:34are going super slow. Could it be in
- 1:36:38July, Daniel asks? It could be, it
- 1:36:40might be in July. Comptroller's Office
- 1:36:43exam, October 18th. October 18th is the
- 1:36:46Comptroller's Office exam. Eh, do you
- 1:36:51think they'll change it? I don't think
- 1:36:54so. I think that, I mean, it's the same
- 1:36:58day as the National University tests,
- 1:37:00but what I think will happen is that
- 1:37:01they will change the National
- 1:37:03University tests. I think they'll
- 1:37:07postpone them, even if it's just by a
- 1:37:08week, because here on the calendar we
- 1:37:13see that the tests eh, where is it?
- 1:37:18Around here they were scheduled for the
- 1:37:19same day as the Comptroller's Office.
- 1:37:23Right, surely during the planning they
- 1:37:25didn't know that, eh, because nobody
- 1:37:27knew the Comptroller's schedule anyway,
- 1:37:28and it turns out they ended up on the
- 1:37:30same day. They ended up on the same day
- 1:37:34. So surely they're going to postpone
- 1:37:36one of them, right? I think this one
- 1:37:40because it doesn't have, it's not going
- 1:37:42to have as many registrants, maybe
- 1:37:44about 20%of the registrants that the
- 1:37:45Comptroller's Office has. So, surely
- 1:37:50this is the one they'll postpone. Jair
- 1:37:54says to us, "For business
- 1:37:56administrators, is it mandatory to have
- 1:37:58the professional license?""Yes, it is
- 1:38:00mandatory, Jair, if you don't have it,
- 1:38:02I recommend you get it. Eh, I took a
- 1:38:06while to get mine. I got it after about
- 1:38:10about 6 months, but the recommendation
- 1:38:12is that you get it. John says to us,"
- 1:38:17eh, where can I see my registration for
- 1:38:19the registrar's office? "I go to the
- 1:38:21website, but I don't see the option.
- 1:38:24John, you can see that here. You go to
- 1:38:27the page and click here on the right
- 1:38:29where it says list of registrants. You
- 1:38:33can see the registration there, I mean,
- 1:38:35you can see this list here. Verify that
- 1:38:37you have been registered. Enter the
- 1:38:41registration number the page gave you
- 1:38:42when you registered. Dani asks," What
- 1:38:53current open calls are there for
- 1:38:54registration besides the National
- 1:38:56University? "" Right now there is only
- 1:39:00INPEC. And the National University
- 1:39:04hasn't started yet, I mean, the
- 1:39:06National University starts on June 16th
- 1:39:12, so, in a month and a half the
- 1:39:14registrations begin. It's only for 5
- 1:39:16days. It's a good competition, honestly
- 1:39:19. I think this is a good competition
- 1:39:21because the National University, I feel
- 1:39:23, pays well. Uh, I don't think it will
- 1:39:28have that many applicants because the
- 1:39:29PIN is more expensive. The PIN is more
- 1:39:32expensive. The exam is cool, but well,
- 1:39:36it's for certain types of profiles,
- 1:39:38right? There is something for all
- 1:39:41profiles. Also, thinking a bit about
- 1:39:43the future of the National University,
- 1:39:44well, I don't know how convenient it is
- 1:39:46. This is also something you have to
- 1:39:49analyze when applying to an entity. I
- 1:39:52mean, you should think about how much
- 1:39:54stability this entity has. Could it be
- 1:39:57that in the future it, I don't know,
- 1:39:59disappears? It could happen. It might
- 1:40:01disappear for some reason. For example,
- 1:40:04what entities wouldn't disappear? What
- 1:40:07entities do you think will never
- 1:40:09disappear? Will all the ministries
- 1:40:12always be there? For example, an entity
- 1:40:20that I think will never disappear.
- 1:40:22Exactly. As Wilson says, the DIAN. I
- 1:40:25mean, if the DIAN ends, it's the end of
- 1:40:31the state, because the DIAN collects
- 1:40:32all the state's resources. The DIAN is
- 1:40:37a very, very secure entity, but for
- 1:40:39example, some ministries, I don't know,
- 1:40:42I'm not really up to date on the
- 1:40:43ministries. Which are the latest
- 1:40:48ministries? Let's see. Ah, this is the
- 1:40:53one for ministries. in Colombia. Hm.
- 1:41:00Well, the Ministry of the Interior
- 1:41:02clearly won't disappear either, but
- 1:41:04well, there may be entities that
- 1:41:06perhaps aren't so secure. So, thinking
- 1:41:10about it from that side, it's something
- 1:41:12you also have to keep in mind. The
- 1:41:16university, I don't think the National
- 1:41:18University is such an well, the
- 1:41:23National University has funding
- 1:41:25problems, that's the issue. I mean, a
- 1:41:27large amount of the money, they finance
- 1:41:29themselves. Natasha asks, "UNAL seems
- 1:41:33stable, will it really disappear?""I
- 1:41:35don't think it will disappear. I don't
- 1:41:37think so, but it will have to undergo
- 1:41:39some kind of transformation. He says,"
- 1:41:42The UGPP is on thin ice. "" For example
- 1:41:45, the UGP, why not? "I'm not really up
- 1:41:48to date. Because the pension and
- 1:41:51parafiscal management unit. Well, maybe
- 1:41:54the Ministry of Equality. Could it be
- 1:41:56the Ministry of Equality? It could be.
- 1:41:58It's possible that in 15 or 20 years it
- 1:42:00might not be here. Or it might have
- 1:42:03changed its name. It could be.
- 1:42:06Aerocivil. Hm. Well, I think Aerocivil,
- 1:42:11yes. Ministry of Sport, no. I think,
- 1:42:13well, Ministry of Sport, I think it
- 1:42:15will continue. The Registrar's Office,
- 1:42:22or the Registrar's Office could be,
- 1:42:23because the Registrar's Office, if
- 1:42:25everything starts being done virtually,
- 1:42:27if they start implementing artificial
- 1:42:29intelligence systems, it might, I mean,
- 1:42:31the Registrar's Office might not
- 1:42:33disappear, but it might be, uh, I don't
- 1:42:35know, one that doesn't need staff. Well
- 1:42:45, but I don't know if they are
- 1:42:46mentioning entities that won't
- 1:42:48disappear or entities that will
- 1:42:49disappear. DIAN, they closed it. Well,
- 1:42:53I don't think it's that easy. Uh,
- 1:42:57Julian tells us," The Ministry of
- 1:42:58Equality is already abolished, it's
- 1:43:00just that the budget and other things
- 1:43:02have to run out. "Well, I'm not very up
- 1:43:05to date on those issues, but it could
- 1:43:06be. Of course, there can be entities
- 1:43:09that disappear. So you should think
- 1:43:11about it. The National University isn't
- 1:43:14going to disappear, but it's an entity
- 1:43:16that has funding problems, it's an
- 1:43:17entity that...Well, it's good, I don't
- 1:43:23know, it's cool. I am a graduate of the
- 1:43:26National University, I think it's an
- 1:43:27excellent university, but you shouldn't
- 1:43:29be oblivious to the problems it has.
- 1:43:32Maybe thinking 15 to 20 years ahead, it
- 1:43:34might not be as good an option as
- 1:43:36others. So, it could still help you get
- 1:43:40in and later you can obviously continue
- 1:43:42applying to other entities and maybe go
- 1:43:44to one that is more stable, more...Yes,
- 1:43:51with greater certainty that it will
- 1:43:53continue 50 or 100 years from now. Well
- 1:43:56, 100 years might be too much, but 50
- 1:43:58years from now. John says," I don't
- 1:44:02know what my registration number is for
- 1:44:03the vacancy at the Registrar's Office.
- 1:44:06"Where can I find it? If you want, try
- 1:44:09logging in. I don't know either because
- 1:44:11honestly, I haven't logged in for a
- 1:44:12while, but try logging in here. I just
- 1:44:17don't remember where the...I think in
- 1:44:21the guides. Let's see, guide for
- 1:44:24applicant orientation, registrations. I
- 1:44:27think the page was around here
- 1:44:29somewhere. It’s this one,
- 1:44:31concurso2.sesap.edu.com. I'm going to
- 1:44:35share the link in the chat for you to
- 1:44:37access it. Log in here with your
- 1:44:40username and password and perhaps you
- 1:44:42can find it there. Perhaps you can find
- 1:44:45it there. Just like Lira John tells us,
- 1:44:49enter the page with your ID and
- 1:44:50password and it will appear in large
- 1:44:52blue letters on the right side. Got it.
- 1:44:55Thanks, Lira. There you have the
- 1:44:57step-by-step. Ready. Well, another one
- 1:45:02I’ve been thinking about lately that
- 1:45:04I don’t know how much how much of a
- 1:45:10future it has is—well, of course it
- 1:45:12has a future, but maybe in the long
- 1:45:14term, I don’t know, or short term, it
- 1:45:16might have difficulties—which is the
- 1:45:18whole issue of schools. The issue of
- 1:45:22schools, well, the ideal would be for
- 1:45:24them to start improving quality by
- 1:45:26reducing the number of students per
- 1:45:28classroom. I think it would be good to
- 1:45:32go from having 40 kids in a room to
- 1:45:33having 30, to having 20, with the same
- 1:45:35number of teachers. That would clearly
- 1:45:39improve quality, but we don’t know
- 1:45:40what decisions will be made. We don’t
- 1:45:43know what decisions will be made. So,
- 1:45:48the teacher contest topic, I don’t
- 1:45:50know, I mean, there is like a lot of
- 1:45:56uncertainty as well with some things.
- 1:46:00Pao asks," Were the preliminary results
- 1:46:02from the registrar's office supposed to
- 1:46:04come out today? "It was tomorrow, Pao,
- 1:46:06but they postponed them for two months.
- 1:46:09So, they come out in the month of July.
- 1:46:11In the month of July they come out Ah.
- 1:46:15Well, let’s see. Mm. Let’s see,
- 1:46:21what other questions are there? Well,
- 1:46:26well, I don’t know if you have more
- 1:46:27questions. Let’s look here finally at
- 1:46:31the hm Well, remember for those who
- 1:46:36wish to acquire a membership, you can
- 1:46:38do so here on my channel and on a merit
- 1:46:40basis. You can also join if you wish,
- 1:46:43you can follow me, you can subscribe to
- 1:46:45the channel. Remember that when we
- 1:46:50reach 50,000 I will re-enable for
- 1:46:51everyone the artificial intelligence
- 1:46:53chat to identify the topics we need to
- 1:46:55study. So, we are very close now. We
- 1:47:00only have about 8,600 left to reach it.
- 1:47:06So, anyway, thank you all very much for
- 1:47:08the support. Also, many thanks to the
- 1:47:10channel members for supporting these
- 1:47:12spaces. I hope that later on the other
- 1:47:15live streams we do will be very useful
- 1:47:17to you. Eh, also for those who were
- 1:47:25asking about study material, remember
- 1:47:27that on my page misión.com, I have a
- 1:47:29free course, a free course with study
- 1:47:31material where we have mm eh where we
- 1:47:40have bibliography and practice tests.
- 1:47:46Uh, for example, I think I'll also
- 1:47:47upload today's live stream here. Done.
- 1:47:51I'll see if I can edit it, just to keep
- 1:47:53the part about petitions. I would
- 1:47:56upload the study material for the
- 1:47:58competitions here, and also in my paid
- 1:48:00course on strategies to win merit-based
- 1:48:02competitions. I'm going to start
- 1:48:06supplementing these two courses, taking
- 1:48:08into account that we are about to start
- 1:48:09with the exams. Uh, also for those who
- 1:48:14wish to purchase my paid course, you
- 1:48:16have more practice tests here, you have
- 1:48:18some support videos, and some
- 1:48:19artificial intelligence tools. Remember
- 1:48:25that in the free course, I have this
- 1:48:27study material where there are
- 1:48:28different documents that can help you
- 1:48:30study for various competitions. I am
- 1:48:34going to supplement it with other
- 1:48:36competitions. For now, we have the
- 1:48:38Registry, Prosecutor's Office, Dian,
- 1:48:40and Comptroller's Office. Here are the
- 1:48:43different thematic axes, and the
- 1:48:45thematic axes that have practice tests.
- 1:48:49Here you can click to start, and there
- 1:48:51are practice tests for different
- 1:48:53thematic axes. At this moment there are
- 1:48:5855, well, there are 110 free practice
- 1:49:00tests you can take. Uh, if you purchase
- 1:49:05the paid course, you can acquire all
- 1:49:07four, you can take all four. So, there
- 1:49:10would be a larger amount. Each one has
- 1:49:1312 questions, there are more than 13
- 1:49:15questions you can do. So, I highly
- 1:49:22recommend that you study, read, and
- 1:49:23look at these documents depending on
- 1:49:25the job you are applying for, practice
- 1:49:27with the tests, and check your
- 1:49:29knowledge, maybe if if you find any
- 1:49:35error in the practice test, which can
- 1:49:37also happen. Uh, practically all exams
- 1:49:41have errors. I mean, when you take an
- 1:49:45exam, I always find ambiguous questions
- 1:49:47. Sometimes the statement has nothing
- 1:49:50to do with the answers. Sometimes it is
- 1:49:53not clear what they are asking. So,
- 1:49:55these are things that can happen. Uh,
- 1:50:00so keep that in mind for the day you go
- 1:50:02to take the tests. Well, I think that
- 1:50:07would be all for today's live stream.
- 1:50:10The next live stream will be on
- 1:50:11Wednesday. On Wednesday we are not
- 1:50:13going to review the information on
- 1:50:17petitions, or well, not petitions, but
- 1:50:19customer service. Maybe on Friday or
- 1:50:22next Monday we will review it. On
- 1:50:26Wednesday we will see, we will continue
- 1:50:27reviewing, possibly the National
- 1:50:29University of Colombia competition, and
- 1:50:31we will look at the current status of
- 1:50:33the calls. So, that would be all for
- 1:50:37today's live stream. Thank you very
- 1:50:39much for attending. We will see you on
- 1:50:41Wednesday, for all those who wish to
- 1:50:43participate. And well, have a good time
- 1:50:46, rest well, and have a happy evening.
- 1:50:49Take care.
About this transcript
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