ed

HOUSE OF REPRESENTATIVES

Republic of the Philippi: RECE ER.
HOMECrEMRISERTCTNS go EO a

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en Gh va

SEVENTEENTH CONGRES! BY:
First Regular Session

REGISTRATION UNIT
) INDPX SERVICE

House Bill No. #354

Introduced by REPRESENTATIVE CARLOS O. COJUANGCO

EXPLANATORY NOTE

"The right of the people to information on matters of public concern
shall be recognized. Access to official records, and to documents, and papers
pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be
afforded the citizen, subject to limitations as may be provided by law." —
Article III, Section 7 of the 1987 Constitution. This protects the right the
right to information.

Even with this Constitutional assurance and its affirmation in a
number of Supreme Court decisions, we are aware of the excessive violation
by a lot of government agencies of the right of Filipinos to access
information of public interest and concern.

The main problem is lack of legislation. While the Supreme Court has
upheld the constitutional right to information, its effective implementation
has for the past two decades suffered from the lack of the necessary
substantive and procedural details that only Congress can provide. As the
Supreme Court lamented in Chavez v. NHA (G.R. No. 164527; August 15,
2007):

"It is unfortunate, however, that after ialaioatiiweny (20)
years from birth of the 1987 Constitution, there
enabling law that provides the mechanics for the compulsory
duty of government agencies to disclose information on
government transactions, Hopefully, the desired enabling law
will finally see the light of day when Congress decides to
approve the proposed "Freedom of Access to Information Act."

This bill realizes the long delayed legislative responsibility of
Congress by laying in place the following major features:


e An expansive scope in terms of government agencies as well as
information covered. A narrow list of exceptions circumscribed by
clearly stated public harm that we wish to avoid in withholding
certain information;

e An opportunity and the right for citizens to counterbalance and
override a recognized exception when there is greater public
interest in information disclosure;

© A cclear, uniform and speedy procedure for access to information;

* A provision implementing automatic disclosure of transactions of
public concern as required by Section 28, Article II of the
constitution;

e A system of a sible and speedy remedies for a citizen whose
access to information has been denied;

¢ The institution of mechanisms to promote a culture of openness
within government; and

¢ The introduction of clear administrative, criminal and civil liability
for the violation of the right to information.

Freedom of information is an indispensable requirement for a
democracy. It is main base to the effective exercise of equivalent rights such
as the freedoms of speech, of the press, and of expression, as well as the
right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic decision-making.
Transparency in the public sector enables our people to engage in
meaningful participation, promotes accountability, and mitigates corruption,
which has long been a major obstacle to our country's development.

In view of the foregoing, early passage of this bill is therefore
earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Sessi

House Bill No.

Introduced by REPRESENTATIVE CARLOS O. COJUANGCO

AN ACT
IMPLEMENTING THE PEOPLE’S RIGHT TO
INFORMATION AND THE CONSITUTIONAL
POLICIES OF FULL PUBLIC DISCLOSURE AND
HONESTY IN THE PUBLIC SERVICE AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled.

SECTION 1. Short Title. - This Act shall be known as the "People's
Freedom of Information Act of 2016."

SEC. 2. Declaration of Policy. - The State recognizes the right of the
people to information on matters of public concern and adopts and
implements a policy of full public disclosure of all its transactions involving
public interest, subject to the procedures and limitations provided by this
Act. This right is meant to enhance the significant and widening role of the
citizenry in governmental decision-making as well as in checking abuse in
government.

Public officials and employees, in the performance of their duties
under this Act, as well as citizens in the exercise of their rights under this

Act, shall act with justice, give everyone his or her due, and observe honesty


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and good faith. Public officials and employees as well as citizens shall
endeavor to handle information kept or obtained under this Act with due
care, to the end that inaccuracies and distortions are avoided.

SEC. 3. Definition of Terms. - As used in this Act:

(a) “Information” shall mean any record, document, paper, report,
letters, contract, minutes and transcripts of official meetings, maps,
books, photographs, data, research material, film, sound and video
recordings, magnetic or other tapes, electronic data, computer stored
data, or any other like or similar data or material recorded, stored or
archived in whatever form or format, which are made, received or
kept in or under the control and custody of any government agency
pursuant to law, executive order, rules and regulations, ordinance or in
connection with the performance or transaction of official business by
any government agency.

(b) "Official record/records" shall refer to information produced or
received by a public officer or employee, or by a government agency
in an official capacity or pursuant to a public function or duty,
regardless of whether the information is in the draft, final or any other
stage or status.

(c) "Public record/records" shall include information required by law,
executive orders, rules, or regulations to be entered, kept and made
publicly available by a government agency.

SE

. 4, Coverage. - This Act shall cover all government agencies.
Government agency or agencies shall include the executive, legislative and

judicial branches as well as constitutional bodies of the Republic of the


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Philippines including but not limited to the national government and all its
agencies, departments, bureaus, offices and instrumentalities, constitutional
commissions and constitutionally mandated bodies, local governments and
all their agencies, regulatory agencies, chartered institutions, government-
owned or controlled corporations, including wholly-owned or controlled
subsidiaries, government financial institutions, state colleges and
universities, the Armed Forces of the Philippines, the Philippine National
Police, all offices in the Congress of the Philippines including the offices of
Senators and Representatives, the Supreme Court and all lower courts
established by law.

Public service contractors or any other entity shall make their records
available to the public insofar as they are related to any contract or
transactions that they have with the government or government agencies,
Provided, that such contracts or transactions are of the highest public interest
by reason of the amounts involved and the impact of the transaction to the
public.

SEC. 5. Access to Information, - Every Filipino citizen has a right to
and shall, on request, be given access to any record under the control of a
government agency regardless of the physical form or format in which they
are contained subject only to the exceptions enumerated in Section 7 of this

Act.

SEC. 6. Presumption, - There shall be a legal presumption in favor
of access to information. No request for information shall be denied unless it

clearly falls under the exceptions provided under this Act.

SEC. 7. Exceptions.

Access to information shall be granted unless:


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(a) The information is specifically authorized be kept secret under guidelines

established by an Executive Order, and in fact properly classified

pursuant thereto: Provided, that
(1) The information directly relates to national security or defense and
its revelation may cause serious damage to the national security or
internal and external defense of the State; or
(2) The information requested pertains to the foreign affairs of the
Republic of the Philippines, when its revelation shall unduly weaken
the negotiating position of the government in an ongoing bilateral or
multilateral negotiation or seriously jeopardize the diplomatic
relations of tile Philippines with any state, Provided, further, that the
Executive Order shall specify the reasonable period after which the
information shall be automatically declassified or subject to
mandatory declassification review, and that any reasonable doubt as to
classification and declassification shall be settled in favor of the right

to information;

(b) The information consist of records of minutes, advice given or opinions

expressed during decision-making or policy formulation, invoked by the
Chief Executive to be privileged by reason of the sensitivity of the
subject matter or by reason of the impairment of the Chief Executive's
deliberative process that would result from the disclosure thereof. Once
policy has been formulated and decisions made, minutes and research
data may be made available for disclosure unless they were made in

executive session;


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ye)

(c) The information requested pertains to internal and/or external defense,
law enforcement, and border control, when the disclosure thereof may:
(1) Compromise or interfere with any legitimate military or law
enforcement operation, or

(2) Compromise or interfere with the legitimate prevention, detection or

suppression of criminal activity, or the legitimate implementation of
immigration controls and border security, or
(3) Lead to the disclosure of the identity of a confidential source,
including a government, or foreign agency or authority or any private
institution which furnished information on a confidential basis, and,
in the case of a record or information compiled by a law enforcement
authority in the course of an investigation or by an agency
conducting a lawful national security intelligence investigation,
information furnished by a confidential source, or
(4) Disclose legitimate techniques and procedures for law enforcement
investigations or prosecutions, or would disclose legitimate
guidelines for law enforcement investigations or prosecutions if such
disclosure could reasonably be expected to risk circumvention of the
law, or
(5) Endanger the life or physical safety of any individual, or
(6) Deprive a person of a right to a fair trial and impartial adjudication.
(d) The information requested consists of drafts of orders, resolutions,
decisions, memoranda or audit reports by any executive, administrative,
regulatory, constitutional, judicial or quasi-judicial body in the exercise

of their regulatory, audit and adjudicatory function.


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(c) The information requested is obtained by either House of Congress, ot

any committee thereof, in executive session.

(1) The information requested pertains to the personal information of a

natural person other than the requesting party, and its disclosure would

constitute an unwarranted invasion of his or her personal privacy, unless

it forms part of a public record, or the person is or was an official of a
government agency and the information relates to his other public

function or the person has consented, in writing, to the disclosure of the

information.

(g) The information requested pertains to trade secrets and commercial or

financial information obtained from a natural or juridical person other
than the requesting party, obtained in confidence or covered by
privileged communication, and/or filed with a government agency,
whenever the revelation thereof would prejudice the interests of such
natural or juridical person in trade, industrial, financial or commercial

competition.

(h)The information is classified as privileged communications in legal

proceedings by law or by the Rules of Court,

(i) The information requested is exempted from disclosure by law or by the

Constitution, in addition to those provided in this section.

(j) The information is of a nature that its premature disclosure would:

(1) in the case of an agency that regulates or deals with currencies,
interest rates, securities, commodities, or financial institutions, be likely
to lead speculations in currencies, interest rates, securities, or

commodities market; or


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(2) in the case of other agencies, be likely to frustrate the effective

implementation of a proposed official action: Provided, that the

information shall be disclosed once the abovementioned dangers have
ceased.
(k) The information has already been made accessible as provided in Section

14 of this Act.

For paragraphs (c) to (k) of this section, the determination whether any of
these grounds shall apply shall be the responsibility of the head of office of
the government agency in custody or control of the information, or any
responsible central or field officers duly designated by him. Provided, that:

(1) The exceptions are strictly construed;

(2) The exceptions are not used to cover-up a crime, wrong-doing, graft,

or corruption;

(3) The President, the Supreme Court, the Senate, the House of

Representatives, and the Constitutional Commissions may waive an

under

exception with respect to information in the custody of offices
their respective supervision or control, when they deem that there is
an overriding public interest in disclosure;

(4) The exceptions do not constitute authority to withhold information
from Congress, nor authority for the executive branch of a local
government unit to withhold information from the legislative body of
such local government unit;

(5) Whenever the information requested is part of a record, whose other

parts are covered by an exception, but may be reasonably severed


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from a record, the responding official shall communicate the
information not covered by the exception to the requester; and
(6) The exceptions set forth in this section may be overcome if the

requester is able to prove before the Ombudsman or a court of
competent jurisdiction that the public interest in the disclosure of
information outweighs the public interest in keeping the information
secret or confidential.
SEC. 8. Mandatory Disclosure of Information, —

(a) In fulfillment of Article XI, Section 17 of the Constitution, the following

national officials shall disclose to the public their Statement of Assets,

Liabilities, and Net Worth (SALN) on an annual basis in their official
website:

(1) President;

(2) Vice-President:

(3) Members of the Cabinet;

(4) Members of Congress;

(5) Justices of Supreme Court;

(6) Members of Constitutional Commissions and other constitutional
offices;

(7) Officers of the armed forces with general or flag rank.

(b) All agencies of all branches of government shall upload on their
websites, which shall be updated monthly, a register of the following
public interest transactions, documents or records, including:

(1) Annual Budget of Government Agencies;

(2) Itemized Monthly Collections and Disbursement;


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(3) Summary of Income and Expenditures;

(4) Component of the IRA Utilization;

(5) Annual Procurement Plan and Procurement List;

(6) An updated plantilla of positions and vacant positions with
qualifications/requirements in their organizations that need to be
filled-up;

(7) Items to Bid;

(8) Bid Results on Civil Works, and Goods and Services;

(9) Abstract of Bids as Calculated;

(10) Procurement contracts entered into by a government agency;

(11) Construction or concession agreements or contracts entered into
by a government agency with any domestic or foreign person or
entity;

(12) Private sector participation agreements or contracts in
infrastructure and development projects under Republic Act No.
6957, as amended by Republic Act No. 7718, authorizing the

financing, construction, operation and maintenance of

infrastructure projects;

(13) Public funding extended to any private entity;

(14) Bilateral or multilateral agreements and treaties in trade,
economic partnership, investments, cooperation and similar
binding commitments;

(15) Licenses, permits or agreements granted by any government

agency to any person or entity for the extraction and/or utilization

of natural resources and a list of the grantees;


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(16) Guarantees given by any government agency to government-
owned or -controlled corporations and to private corporations,
persons or entities;

(17) Loans from domestic and foreign financial institutions;

(18) Loans, grants, development assistance, technical assistance, and

programs entered into by a government agency with official

bilater

1 or multilateral agencies, as well as with private aid
agencies or institutions; and

(19) Compromise agreements entered into by a government agency

with any person or entity.

The register shall contain a brief description of the transaction
involved, including, but not limited to: the nature and object of the
transaction, the parties and amounts involved, the key steps undertaken
towards its conclusion, and the relevant dates provided that contracts and
agreements involving an amount of at least Fifty Million Pesos (Php
50,000,000.00) shall be uploaded in full on the website of the concerned
government agency or the Official Gazette online. A covered record shall be
enrolled in the register not later than thirty (30) working days from its
perfection or issuance.

SEC. 9, Openness and Transparency in Government Agencies.
Each government agency shall regularly publish, print and disseminate at no
cost to the public and in an accessible form, consistent with the provisions of
Republic Act No. 9485, or the Anti-Red Tape Act of 2007, and through their
website, timely, true, accurate and updated key information including, but

not limited to:


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(1) A description of its mandate, structure, powers, functions, duties
and decision- making processes;

(2) A description of the frontline services it delivers and the procedure
and length of time by which they may be availed of;

(3) The names of its key officials, their powers, functions and
responsibilities, and their profiles and curriculum vitae;

(4) Work programs, development plans, investment plans, projects,
performance targets and accomplishments, and budgets, revenue
allotments and expenditures;

(5) Important rules and regulations, orders or decisions: Provided, that
they be published within fifteen (15) calendar days from
promulgation;

(6) Rules of procedure, descriptions of forms available or the places at
which forms may be obtained, and instructions as to the scope and
contents of all papers, reports, or examinations;

(7) Substantive rules of general applicability adopted as authorized by
law, and statements of general policy or interpretations of general
applicability formulated and adopted by the agency, including
subsequent amendments;

(8) Current and important database and statistics tl,at it generates;

(9) Bidding processes and requirements; and

(10) Mechanisms or procedures by which the public may participate

in or otherwise influence the formulation of policy or the exercise

of its powers.


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All government agencies shall over time endeavor and build the
capacity and practice to upload in full all other contracts, agreements, or

treaties covered under this section, in particular those that

of the highest
public interest by reason of the amounts involved and the impact of the
transaction to the public.

SEC. 10. Protection of Privacy. — While providing for access to
information in public records, this Act also affords full protection of the
right to privacy of individuals, as follows:

(a) A government agency must ensure that.personal information in its
custody or under its control is disclosed only as permitted under
this Act;

(b) A government agency must protect personal information in its
custody or under its control by making reasonable security
arrangements against such risks as unauthorized access, collection,
use, disclosure, or disposal;

(c) An employee, officer or director of a government agency who has
access, whether authorized or unauthorized, to personal
information in the custody of the agency, must not disclose that

information except as authorized under this Act.

EC. 11, Freedom of Information Manual. —
(a) For the effective implementation of this Act, all government agencies
shall prepare a Freedom of Information Manual, indicating the following:
(1) The location and contact information of the head, regional,
provincial and field offices, and other established places where the

public can obtain government information or submit requests;


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(2) The types of information it generates, produces, holds and/or
publishes;

(3) A description of its record-keeping system;

(4) The person or office responsible for receiving requests for
information;

(5) The procedure for the filing of requests personally, by mail, or
through the identified electronic means;

(6) The standard forms for the submission of request and for the
proper acknowledgment of the request;

(7) The process for the disposition of the request, including the
routing of the request to the person or office with the duty to act on
the request, the decision making process, and the grant or denial of
access and its implementation;

(8) The procedure for the administrative appeal of any denial for
access to information;

(9) The schedule of fees;

(10) The process and procedure for the mandatory disclosure of
information under Section 8 of this Act: Provided, That, should the
agency lack the capacity to fully comply therewith, a brief
description of its plan to facilitate compliance within three (3)
years from the approval of this Act; and

(11) Such other information, taking into consideration the unique
characteristics of an agency, that will help facilitate the effective

implementation of this Act.


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(b) The foregoing information shall also be posted in its website and bulletin
boards, and shall be regularly updated;

(c) In no case shall the absence of the aforementioned Manual be a reason
for the denial of any request for information made in accordance with this

Act.

(d) The heads of each of the departments and agencies may designate liaison
units or Committees who shall coordinate with the other units of the
agency in implementing this Act. The composition, functions and duties
of these liaison units or Committees shall be included in the FOI Manual.

SEC. 12. Procedure of Access. —

(a) Any person who wishes to obtain information shall submit, free of
charge, a request to the government agency concerned personally, by
mail, or through electronic means. A person who is unable, because of
illiteracy or due to being a person with disability, to make a written
request 'for information may make an oral request, and the public official
who receives the oral request shall reduce it to writing, and include his
name and position within the government agency, and give a copy
thereof to the person who made the request. The request shall state the

name and preferred contact information of the requesting party, and

sonably describe the information required, the reason for the request
of the information and the preferred means by which the government
agency shall communicate such information to the requesting party:
Provided, that the stated reason shall not be used as a ground to deny the
request or to refuse the acceptance of the request, unless such reason is

contrary to law. If the request is submitted personally, the requesting


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‘mo:

party shall show his current identification card issued by any government
agency, or government or private employer or school, or a community
tax certificate. If the request is submitted by mail or through electronic
means, the requesting party may submit a photostatic or electronically
scanned copy of the identification, or other convenient means as

determined by the agent

(b) The public official receiving the request shall provide reasonable

assistance, free of charge, to enable all requesters and particularly those
with special needs, to comply with the request requirements under this
section.

(c) The request shall be stamped by the government agency, indicating the
date and time of receipt and the name, rank, title and position of the
receiving public officer or employee with the corresponding signature,
and a copy thereof furnished to the requesting party. In case the request is
submitted by electronic means, the government agency shall provide for
an equivalent means by which the requirements of this paragraph shall be
met. Each government agency shall establish a system to trace the status
of all requests for information received by it.

(d) The request may indicate the requesting party's preferred mode and
means of receiving the information requested, provided that the mode
and means are reasonable, taking into consideration equipment normally
available to the concerned government agency.

(e) A goverment agency may communicate the information requested in a
form other than the preferred means whenever the agency has no

capability in communicating the information in the preferred format, or


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such preferred means would unreasonably interfere with the effective

operation of the agency or be detrimental to the preservation of the

record.

(f) The government agency shall comply with such request as soon as
practicable, and in any case within fifteen (15) working days from the
receipt thereof. The period may be extended whenever the information
requested requires a search of the government agency's field or satellite
offices, examination of voluminous records, the occurrence of fortuitous
events or other analogous cases.

(g) The government agency shall, in writing or through electronic means,
notify the person making the request of the extension, setting forth the
reasons for such extension and the date when the information shall be
made available, which in no case shall result in an extension of more than
twenty (20) working days.

(h) Once a decision is made to grant the request, the person making the
request shall be notified of such and shall pay the required access and
processing fees.

If the information is not held by the government agency to which the
request was made, it shall notify the requester that it does not hold the
information, and indicate to the requester which agency holds the record, if
known, Whenever practicable, the agency receiving the request may also
cause the transfer of the request to the appropriate agency that holds the
information: Provided, that the period to comply with the request under this
section shall begin to run only upon the receipt of the agency to which the

request is transferred.


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SEC. 13. Access and Processing Fee

Government agencies may

charge a reasonable fee to reimburse the actual cost of reproduction, copying,

or transcription and the communic:

ion of the information requested. An
agency may waive the fees whenever it is satisfied that the requester is an
indigent, or that the cost of reproduction is negligible, or that it is pursuant to
a program for proactive disclosure.

SEC. 14, Exemption from Compliance. - The government agency is
excused from complying with a subsequent identical or substantially similar
request from the same requesting party where it has previously complied
with a request for information unless a reasonable interval has lapsed
between compliance with the previous request and the making of the current
request: Provided, that the government agency complies with Section 15 of
this Act.

SEC. 15. Notice of Denial. - If the government agency decides to
deny the request, in whole or in part, it shall, as soon as practicable, and in
any case within fifteen (15) calendar days from the receipt of the request,
notify the person making the request of such denial in writing or through
electronic means. The notice shall clearly set forth the ground or grounds for
denial and the circumstances on which the denial is based, and indicate
available rights of reconsideration or appeal. Failure to notify the person
making the request of the denial, or of the extension, shall be deemed a
denial of the request for access to information.

SEC. 16. Remedies in Cases of Denial of Request for
Information.-

(a) In all government agencies other than the judicial branch:


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(1) Every denial of any request for access to information may be
appealed to the person or office next higher in authority of the same
agency, following the procedure mentioned in Section 11 (a)(8) of this
Act. Provided, that the written appeal must be filed by the same
person making the request within fifteen (15) calendar days from the
notice of denial. The appeal shall be decided by the person or office
next higher in authority of the same agency within five (5) working
days from filing of said written appeal. Failure of the government
agency to decide within the aforestated period shall constitute denial
of the appeal.

(2) Upon denial of the appeal with the government agency, the requesting
party may file a verified petition for mandamus in the proper court,
alleging the facts with certainty and praying that judgment be
rendered ordering the respondent, immediately or at some other time
to be specified by the court, to disclose the requested information.
Any action for administrative and/or criminal liability arising from the
same act or omission, if any, shall be filed with the Office of the
Ombudsman.

No damages shall be assessed against the respondent unless it is
proven that the respondent acted with malice, bad faith or negligence.
The procedure for such petition shall be summary in nature. The court
hearing the case is empowered to receive the information subject of a
claim of exception under Section 7 herein and examine then in camera

to determine the sufficiency of the factual and legal basis of such


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claim, when such sufficiency cannot be reasonably determined
through evidence and circumstances apart from the information.
(b) In the Judicial Branch, the judiciary shall be governed by such remedies
as promulgated by the Supreme Court.

(c) The remedies provided in this section are without prejudice to any other

strative, civil or criminal action covering the same act.

(d) The remedies available under this Act shall be cumulative and subj

the rule of exhaustion of administrative remedies.

(e) The provisions of Republic Act No. 9285, otherwise known as the
Alternative Dispute Resolution Act of 2004, shall not apply to cases filed
pursuant to this section.

(i) In case the requesting party has limited or no financial capacity, the
Public Attorney's Office shall be mandated to provide legal assistance to
the requester in availing of the remedies provided under this Act.

SEC. 17. Keeping of Records. -
(a) Government agencies shall create and/or maintain in appropriate formats,

accurate and reasonably complete documentation or records of their

organization, policies, transactions, decisions, resolutions, enactments,
actions, procedures, operations, activities, communications and
documents received or filed with them and the data generated or
collected. These shall include working files such as drafts or notes,
whenever these have been circulated within the agency for official
purpose such as for discussion, comment or approval or when these

contain unique information that can substantially contribute to a proper

understanding of the agency organization, policies, transactions,


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decisions, resolutions, enactments, actions, procedures, operations, and
activities;

(b) Government agencies shall identify specific and classes of official
records in their custody or control that have continuing historical,
administrative, informational, legal, evidentiary, or research value for
preservation by such agencies or their legitimate successors, or for
transfer to the National Archives of the 1,'hilippines. In addition, the
National Archives of the Philippines shall likewise identify specific and
classes of official records that it shall require agencies to preserve and
transfer to it.

(c) In addition to the specific and classes of official records identified for
preservation under letter (b) of this Section, the following shall not be
destroyed:

(1) Records pertaining to loans obtained or guaranteed by the
government;
(2) Records of government contracts;
(3) The declaration under oath of the assets, liabilities and net worth
of public officers and employees, as required by law; and
(4) Records of official investigations pertaining to allegations of graft

and corruption of public officers

(d) Government agencies shall prepare, following standards and period
promulgated pursuant to Republic Act No. 9470 or the National Archives
of the Philippines Act 2007records management program that includes

the following:


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(1) A records maintenance system for the creation, selection,
classification, indexing and filing of official records that facilitate
the easy identification, retrieval and communication of
information to the public;

(2) A records maintenance, archival and disposition schedule
providing a listing of records under current use, for retention by
the agency, for transfer to the National Archives, or for

destruction: Provided, That destruction of the official

‘ords may
be implemented only upon approval of the National Archives of
the Philippines; and

(3) A specification of the roles and responsibilities of agency
personnel in the implementation of such system and schedule.

(e) In addition to its function as repository of all mles and regulations issued
by agencies as provided under Book VII, Chapter II of the Administrative
Code of 1987, the University of the Philippines Law Center shall, in
coordination with the Office of the President which has exclusive
editorial and printing jurisdiction over the Official Gazette, and with
other relevant agencies, maintain a database, and publish the same in
print in the Official Gazette or in digital or online form, the following:

(1) All laws of the Philippines and their amendments, from the period
of the Philippine Commission to the present;

(2) AU presidential issuances from November 15, 1935 to the present,
including but not limited, to executive orders, presidential
proclamations, administrative orders, memorandum circulars,

general orders, and other similar issuances;


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(3) A database of all appointments and designations made by the
President of the Philippines; and
(4) Opinions of the Secretary of Justice.
SEC, 18. Publication in the Official Gazette. - For purposes of
mandatory disclosure as provided in Section 8 of this Act, online publication

in the Official Gazette website shall be considered o

al publication
provided there shall be a timestamp in the said document.

For purposes of compliance with Article 2 of the Civil Code of the
Philippines, publication of the following in the online version of the Official
Gazette, with the corresponding timestamps on the document, shall be
considered as official publication:

(a) All important legislative acts and resolutions of a public nature of

the Congress of the Philippines;

(b) All executive and administrative orders and proclamations of
general application;

(c) Decisions or abstracts of decisions of the Supreme Court and the
Court of Appeals or other courts of similar rank, as may be
deemed by said courts of sufficient importance to be so published;

(d) Such documents or classes of documents as the President shall
determine from time to time to have general application or which
he may authorize to be published. However, other documents or
classes of documents as may be required to be published by law,
such as petitions and/or legal notices in connection with land
titles, naturalization or special proceedings shall continue to be

published in the print version of the Official Gazette or in any


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newspaper of general circulation for purposes of compliance with
the publication requirement.

SEC. 19. Capacity-Building, Promotion of Best Practices and
Continuous Updating of Appropriate Information Technology and FOI.
- All government agencies must ensure that they have a compliant website
within two (2) years from the date of effectivity of this Act. The National
Computer Center shall monitor all government agency websites and render
the appropriate support including capacity-building program and
coordination with another appropriate agency, utilizing alternative
mechanism and seeking the assistance of private relevant and willing
volunteer groups to ensure full compliance with the requirements of this Act.

In the performance of its monitoring function of government websites
and portals, the National Computer Center shall endeavor to continuously
develop, improve and update its information technology system taking into

consideration usability and practical accessibility of government documents

by the public.

Every government agency shall ensure the provision of adequate
training for its officials to improve awareness of the people's right to
information and the provisions of this Act, and to keep updated as to best

practices in relation to information d

losure, records maintenance and
archiving.

SEC. 20. Use of Plain Language. - Every government agency shall
endeavor to use plain language in their communications orders, compliance,

requirements or instructions issued to implement the provisions of this Act.


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‘The government agencies shall translate key information into major Filipino
languages and present them in popular form and means.

(1) To carry out the provision of this Act, the Civil Service
Commission (CSC) is designated to issue guidelines on the use of
plain language to suit the needs of the requesting party;

(2) The CSC shall provide the necessary training to employees of each
government agency in using plain language in public documents;

(3) All departments, agencies and instrumentalities of the national
government, including — government-owned or __ controlled
corporations, local government units and state colleges and
universities shall designate an official responsible for
implementing the plain language; and

(4) Website contents, including, but not limited to financial data,
notices and other technical and legal documents, of government
agencies must also be written in plain language to ensure that these
information are easy to read, understand and use.

SEC 21. Administrative Offenses and Penalties. -

(a) The acts enumerated in this sub-section shall be tantamount to grave

administrative offenses and shall constitute grounds for administrative
and disciplinary sanction against any public official or employee who

willfully and knowingly commits the following:

(1) Refusal to promptly forward the request under Section 12 of this
Act to the public officer within the same office or agency

responsible for officially acting on the request when such is the


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direct cause of the failure to disclose the information within the
periods required by this Act;

(2) Failure to act on the request within the periods required by this
Act;

(3) Refusal to comply with the decision of his immediate supervisor,
the Ombudsman, or of any court ordering the release of
information;

(4) Approval of policies, rules and regulations clearly contrary to the
provisions of this Act, and which policies, rules and regulations are
the direct cause of the denial of a request for information.

(b) The preceding subsection does not bar filing of appropriate
administrative cases other than those grave offenses enumerated above.

SEC 22. Criminal Offenses and Penalties. - The penalty of

imprisonment of not less than one (1) month but not more than six (6)
months and a fine ranging from Ten Thousand Pesos (Php 10,000.00) to One
Hundred Thousand Pesos (Php 100,000.00) shall be imposed upon:

(a) Any public official or employee who falsely denies or conceals the
existence of information that is a proper subject for disclosure
under this Act.

(b) Any public official or employee who destroys, or causes to be
destroyed, information and/or documents being requested under
this Act, for the purpose of frustrating the requesting party’s access
thereto.

(c) Any individual who knowingly directed, induced or caused the

commission of the foregoing acts shall be liable as principal by


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inducement in the prosecution of public officials or employees
under this section.

(d) Any public officer or employee responsible for officially acting on
the request, who shall claim an exception under Section 7 of this

Act, or under the Constitution, when such claim is manifestly

devoid of factual b:

(e) Any public officer or employee who divulged or released
information covered under Section 7 of this Act.

(f) Any public officer or employee who divulged or released
information that is altered, tampered or modified to the extent that
the released information materially differs from the original
contents of the document; Provided, that altering or modifying a
document for the purpose of severing an exempt information from
non-exempt information in a single document shall not be
punishable under this subsection.

If the violation committed in this Act is induced and a:

ted by a
private individual or a corporation, partnership or any kind of judicial entity,
the penalty provided herein shall be imposed on its executive officer and/or
other officials responsible therefor. Provided, that they shall suffer, in
addition to the penalties provided herein, the automatic revocation of their
license to operate.

SEC, 23. Mere Denial in Good Faith Not a Ground for Liability. -
A mere denial in good faith of a request made pursuant to the provisions of
this Act shall not constitute grounds for administrative, civil or criminal

liability.


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SEC. 24. Act Not a Bar to Claim of Right to Information Under
the Constitution. - No provision of this Act’shall be interpreted as a bar to
any claim of the right to information under Article III, Section 7 of the 1987
Constitution .

SEC. 25. Integration of Freedom of Information (FOI) and Good
Governance in Elementary and Secondary Curriculum. - To ensure a
well-informed generations of citizens, the right to information, the principles
of accountability and transparency, democracy and leadership, and good
governance shall be integrated in such subjects as Heyograpiya, Kasaysayan
at Sibika (HEKASI) and Araling Panlipunan in the elementary level and in
such subjects as Social Studies and Makabayan or its equivalent subjects in
high school level. The Department of Education in coordination with the
Civil Service Commission and other relevant offices shall prepare the
necessary modules and teaching programs consistent with the objectives of
this Act.

SEC. 26. Reports on FOI. - All government agencies shall be
required to submit annual reports on the number of requests for information
received and processed, of appeals 25 made from the denial thereof, and
such other information as provided in this Act. The said report may be
integrated in the agencies' main Annual Report and its posting and
publication in their respective websites shall be considered as sufficient
compliance.

SEC. 27. System of Incentives and Rewards. - A system of special
incentives and rewards is hereby established to be given to appropriate

government agency or agencies that initiated and displayed compliance and


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full participation in the meaningful implementation of this Act. The
incentives and rewards may include but not limited to social projects, grants-
in-aid, national recognition, and similar entitlements.

SEC. 28. Appropriations, - The amount necessary to carry out the
provisions of this Act shall be charged against the agencies’ current budget
and shall thereafter be included in the annual General Appropriations Act.

SEC. 29, Separability Clause. - If any section or part of this Act is
held unconstitutional or invalid, the other sections or provisions not
otherwise affected shall remain in full force and effect.

SEC. 30. Repealing Clause. - All laws, decrees, executive orders,
rules and regulations, issuances or any part thereof inconsistent with the
provisions of this Act, including Sections 18, 24 and 25 of Executive Order
No. 292 in relation to Article 2 of Republic Act No. 386, Memorandum
Circular No. 78 dated 14 August 1964 (Promulgating Rules Governing
Security of Classified Matter in Government Offices), as amended, and
Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code
of Conduct and Ethical Standards for Public Officials and Employees), are
deemed repealed: Provided, that Memorandum Circular No, 78 shall be
deemed repealed after one (1) year from the effectivity of this Act or upon
issuance of the Executive Order in Section 7(a) whichever comes first.

SEC, 31. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general

circulation, whichever comes earlier.

Approved,