FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 
~ 
INTRODUCED BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
It is the avowed policy of the government to afford to all its citizens broad access 
to public records consistent with their Constitutional right to obtain information on 
government transactions involving public interest and on matters of national concern. 
This Constitutional right is embodied in Article II, Section 28 of the Constitution which 
provides: “Subject to reasonable conditions prescribed by law. the State adopts and 
implements a policy of full public disclosure of all its transactions involving public 
interest.” Article 111, Section 7 also states: “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 far policy development, shall be afforded 
the citizen, subject to such limitations as may be provided by law.” 
The above-quoted Constitutional provisions are clear affirmations of our 
adherence to a basic republican and democratic tenet -- the recognition of the people’s 
primordial right to be informed of the workings of its government. Our rights and 
obligations enshrined under the Constitution would be meaningless if the working and 
operation of Government are shrouded in secrecy. This bill seeks to put an end to such 
deplorable practice which did not only wreak havoc on our economy but also eroded the 
trust that the people had reposed on the government. 
Approval of the Bill is earnestly requested, 
M 
~~ NNY ILLAR 


FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 2578 
INTRODUCED BY HON. MANNY VILLAR 
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AN ACT IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON 
MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, 
ARTICLE 111 OF THE 1987 CONSTITUTION AND FOR OTHER PURPOSES 
Be if enacted by the Senate and House of Represenfafives of fbe Philippines in 
SECTION 1. Title. - This Act shall be known as the “Freedom of Access to 
Congress assembled: 
Information Act.” 
SEC. 2. 
Declaration ofPolicy. - It is the policy of the State to afford to all its 
citizens broad access to public records consistent with their constitutional right to obtain 
information on government transactions involving public interest and matters of national 
concern. 
SEC. 3. 
Access to Information. - The following shall be made available for 
public scrutiny: 
records, documents, papers, research materials, tapes, microfilm, 
videotapes and the like, statements of policy and interpretations thereof, final opinions, 
as well as orders made in the adjudication of cases, administrative staff manuals and 
instructions affecting the public which are kept in or under the executive branch of the 
government, including the Office of the President, government research institutions, 
local governments, the military establishment and government-owned or -controlled 
corporations which are hereinafter referred to as government agencies. 
SEC. 4. 
Exemptions. - The following are deemed exempted from Section 3 
hereof: 
(a) 
Documents and papers pertaining to such official acts, transactions and 
decisions, determined by the President as “Classified Information” in an 


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Executive Order duly published in the Official Gazette or in at least two (2) 
newspapers of general circulation in the Philippines, which, when the 
reproduction or revelation of information thereof, will create a clear and present 
danger to the security of the State. 
(b) 
which, when the reproduction or revelation of information thereof would: 
Documents, records and papers compiled for law enforcement purposes, 
(1) Unduly interfere with law enforcement proceedings; 
(2) Deprive a person of the right to a fair trial or an impartial adjudication; 
(3) Disclose the identity of a confidential source or reveal confidential 
information furnished by the confidential source to the government agency on 
policy or intelligence investigations; 
(4) Constitute an unwarranted invasion of personal privacy; 
(5) Disclose investigative procedures, operations and techniques; and 
Endanger the life or physical safety of law enforcement personnel or their 
(6) 
immediate families. 
(c) 
committee of the two Houses of Congress in executive session; 
(d) 
Documents, papers and similar information on medical and personnel 
records, which, when the reproduction or revelation or unauthorized disclosure of 
information thereof, would constitute an invasion of personal privacy; 
(e) 
case under established discovery processes; 
(9 
Trade secrets, commercial or financial information obtained by a 
government agency responsible for the supervision and regulation of financial 
institutions, including those which are contained in or related to examination, 
operating or condition reports prepared by or made on behalf of or for the use of 
any government agency responsible for the supervision and regulation of 
financial institutions; and 
All documents, papers, information, data and records obtained by any 
Inter-agency memoranda, opinions and communications concerning a 


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(9) 
Those which are exempted by law or other than the provisions of this Act: 
Provided, however, That any reasonably segregable portion of the record shall 
be provided to any person requesting such record after the exempt portions 
under this Act have been deleted. 
SEC. 
5. 
Procedure. - Any person who wishes to obtain information or any 
specific records, documents, papers and the like, shall notify the government agency 
concerned in writing, reasonably describing the information required. The government 
agency concerned shall comply with such request within five (5) working days from the 
receipt thereof. 
If the government agency decides to deny the requests, in whole or in part, it 
shall, within five (5) working days from receipt of request, notify the person making the 
request of such denial in writing. 
The notification shall clearly indicate the name, rank and title or position of the 
person making the denial and the grounds for the denial. 
Cost of the reproduction, copying or transcription of the record or document requested 
shall not constitute a valid ground for the denial of a request without prejudice, however, 
to the right of the government agency to charge reasonable reimbursement. 
SEC. 6. 
Extensions. - In unusual circumstances, as defined under this Act, 
the time limits prescribed in Section 5 above may be extended. Unusual circumstances 
arise where, in the production of the requested information, documents or records, 
there is a need: 
(a) 
other establishments that are separate from the office processing the request: 
(b) 
separate and distinct records which are demanded in a single request; or 
(c) 
For consultation, which shall be conducted within all practicable speed, 
with another agency having a substantial interest in the determination of the 
request of among two or more components of the agency having substantial 
subject matter interest therein. 
To search for and collect the requested records from field facilities or 
To search for, collect and appropriately examine a voluminous amount of 


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The agency shall, in writing, notify the person making the request of the 
extension setting forth the reasons for such extensions and the date on which a 
determination is expected to be dispatched: Provided, however, That no such notice 
shall specify a date that would result in an extension of more than fifteen (15) working 
days. 
SEC. 7. 
Jurisdiction of the Court. - The denial made by the government 
agency is deemed to have been made with permission or clearance from the highest 
authority having jurisdiction over the government agency concerned and may, thus, be 
directly brought within fifteen (15) days from receipt of notice of denial to the Regional 
Trial Court where the agency records are situated or held in official custody. 
The Regional Trial Court shall have exclusive and original jurisdiction over the cases 
filed under this Act. 
SEC. 8. 
Preferential Disposition of Cases Under this Act. - Except for cases 
the court considers of greater importance, proceedings before the court, as authorized 
by this Act, take precedence on the docket over all cases. 
The court shall commence proceedings without delay and shall be conducted 
summarily where the complainant and the defendant may submit their verified 
complaint and verified answer together with supporting documents and affidavits of 
merit, within a period of fifteen (15) working days, without extension. Thereafter, the 
case shall be deemed submitted for decision. 
The court shall decide the case within fifteen (15) working days from submission 
of the verified complaint and verified answer of the parties. 
SEC. 9. 
Appeal. - The decision of the lower court may be appealed to the 
Court of Appeals within fifteen (15) days from receipt by the losing party of the decision. 
The appeal must be under oath and must set forth the legal and factual basis therefor. 
The appellee has a period of fifteen (15) days without extension, within which to file his 
verified reply which must set forth the factual and legal basis of the reply, after which 
the appeal shall be deemed submitted for decision. 


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The Court of Appeals must give priority to the appeal and must render its decision 
within thirty (30) days from the date the appeal is submitted for decision. 
SEC. IO. 
Penalties. - Any person found guilty of unreasonably and unjustly 
withholding any information or record, document and the like, requested under this Act 
shall be punished with a fine of not more than Twenty thousand pesos (P20,OOO.OO) or 
imprisonment of at least six (6) months and one (1) day but not more than six (6) years 
with all the accessory penalties as provided for by law, or both, at the discretion of the 
court. 
SEC. 11. 
Duties of Government Agency. - Each government agency, which 
shall be deemed to be acting under authority and with permission of the highest 
authority having jurisdiction over the particular agency concerned, shall make the 
following information available to the public: 
(a) 
places where the public can obtain information or submit requests therefor. 
(b) 
request; and 
(c) 
Location of head, regional, provincial or field offices or other established 
The person or office authorizedlresponsible to receive and act on the 
Any change, amendment or revision of the foregoing. 
Each government agency shall publish the above-stated information in the 
Official Gazette and any newspaper of general circulation for the guidance of the public. 
Each government agency shall, within six (6) months after the effectivity of this Act, 
promulgate its procedures, rules and regulations, including fees and charges for the 
retrieval and production of information as provided in this Act. 
The guidelines shall be submitted to the Philippine Information Agency for review as 
provided in Section 14 of this Act. 
SEC. 12. 
Schedule of Fees. - Each government agency shall promulgate its 
rules and regulations, specifying a uniform schedule of fees applicable to all constituent 
units of such government agency: Provided, That such fees shall be limited to the 
reasonable and standard charges for document search and reproduction, and provide 
only for recovery of the direct costs of such search or reproduction: Provided, further, 


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That documents shall be furnished without charge or at a reduced charge where the 
agency determines that a waiver or reduction of the fee is in the public interest. 
SEC. 13. 
Declassification of Documents. - Any classified document or paper 
involving national security shall be reviewed every five (5) years by the head of the 
appropriate agency concerned for purposes of declassification. 
Declassified 
information or records shall always be made available to the public: Provided, That any 
classified document or paper involving national security shall be deemed declassified 
and open to the public after a period of twenty (20) years from the date of publication in 
the Official Gazette of the Executive Order declaring it to be so, unless the President of 
the Philippines in an executive order declares its continued classified status. 
SEC. 14. 
General Guidelines. - For the implementation of this Act, the Office 
of the Press Secretary in coordination with the Philippine Information Agency shall 
promulgate, within three (3) months after the effectivity of this Act, the general 
guidelines by which the government agencies shall adhere to in the establishment of 
their specific procedures, rules and regulations. 
Each agency shall submit its 
guidelines to the Philippine Information Agency for review to ensure standardization of 
procedures and uniformity of fees, without prejudice to the right of an agency to adopt 
appropriate procedures for its unique functions and responsibilities. 
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SEC. 15. 
Separability Clause. - If for any reason, any section or provision of 
this Act is held unconstitutional or invalid, no other section or provision shall be 
affected. 
SEC. 16. 
Repealing Clause. - All laws, decrees, executive orders, rules and 
regulations, issuances or any parts thereof inconsistent with the provisions of this Act 
are deemed repealed or amended accordingly. 
SEC. 17. 
Effectivity Clause. -This Act shall take effect fifteen (15) days after 
its publication in at least two (2) national newspapers of general circulation. 
Approved,