FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
, SENATE 
Senate Bill No. 1254 
INTRODUCED BY SEN. MANNY VILLAR 
EXPLANATORY NOTE 
Article II Section 28 of the Constitution provides that: 
1 0 ,.!UL 12 P.3 :24 
"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 III Section 7 also states that: 
"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 such 
limitations as may be prdvided by law," 
The above-quoted constitutional provisions are clear affirmations of our 
adherence to a basic republicCjn 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 of 
the working and operation of Government are shrouded in secrecy. 
Many of the Government's action in the past were effectively shielded 
away from public scrutiny. This resulted in the unbridled use of power which, 
among others, virtually licensed the rise of graft and corruption to unprecedented 
heights, 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 this bill is earnestly requested, 
MANNY ILLAR 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No.1254 
INTRODUCED BY SEN. MANNY VILLAR 
AN ACT 
10 
JUL 12 p.? :7.4 
IMPLEMENTING THE RIGHT OF ACCESS OF THE PEOPLE TO 
INFORMATION ON MATTERS OF PUBLIC CONCERN GUARANTEED 
UNDER SECTION SEVEN, ARTICLE III OF THE NEW CONSTITUTION AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Title. - This Act shall be known as the "Freedom of Access to 
Information Act." 
SECTION 2. Declaration of Policy. -
It is the avowed policy of this 
Government to afford to all its citizens broad access to public records consistent 
with their constitutional right to obtain information on governmental transactions 
involving the public interest and on matters of national concern. 
SECTION 3. Right of the Public to Information. - The following shall be 
made available for public scrutiny, copying and reproduction: -
records, 
documents, papers, research materials, data, 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 custody of any 
department, bureau, agency, instrumentality, office, board 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. 
SECTION 4. Exemptions. - The following matters are deemed exempted: 
a. When the reproduction thereof or revelation of information will 
create a clear and present danger to the security of the State as 
determined by the President in an executive order duly published in the 
Official Gazette or in at least two (2) newspapers of general circulation in 
the Philippines, in which case the documents and papers pertaining to 
such official acts, transactions and deCisions shall be considered 
"classified" information. 
b. Records compiled for law enforcement purposes, if the 
production of such records would: 
1. Unduly interfere with law enforcement proceeding; 
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 policy or intelligence investigation; 
4. Constitute an unwarranted invasion of personal privacy; 
5. Disclose investigative procedures, operations and techniques; 
6. Endanger the life or physical safety of law enforcement 
personnel or their immediate families. 
c. All information data records obtained by any Committee of the 
two Houses of Congress in Executive Session. 
d. Medical, personnel and similar files, the unauthorized disclosure 
of which would constitute an invasion of personal privacy. 
e. Inter-agency memoranda, opinions, communications, or letters, 
except those which may be disclosed to any party in a case under 
established discovery processes. 


f. Trade secrets, commercial or financial information obtained by a 
government agency, confidential or privileged communications as defined 
by law. 
g. Those which are contained in or related to examination, 
operating or condition reports prepared by or made on behalf or for the 
use of any government agency responsible for the supervision and 
regulation of financial institutions. 
h. Those which are exempted by law or other than the provisions of 
this Act. 
Provided, however, That any reasonably segregable portion of a record 
shall be provided to any person' requesting such record after the exempt portions 
under this Act have been deleted. 
SECTION 5. Procedure.'- Any person who wishes to obtain information, 
or any specific record, document and the like shall notify the government agency 
concerned, orally or in writing,. reasonable describing them. The government 
agency concerned shall comply with such request within five (5) working days 
from the time it was made. 
If the government agency decides to deny the request, 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 set forth 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 the 
request without prejudice, however, to the right of the government agency to 
charge reasonable reimbursement. 
SECTION 6. Extensions. - In unusual circumstances as defined under this 
Act, the time limits prescribed in the above section may be extended. Unusual 


circumstances arise where, in the production of the requested information, 
documents or records, there is a need: 
a. 
To search for and collect the requested records from field 
facilities or other establishments that are separate from the office 
processing the request; 
b. 
To search for, 
collect and 
appropriately examine a 
voluminous amount of separate and distinct records which are demanded 
in a single request, or 
c. 
For consultation, 
which 
shall 
be 
conducted with all 
practicable speed, with another agency having a substantial interest in the 
determination of the request or among two or more components of the 
agency having substantial subject matter interest therein. 
The agency shall, in writing, notify the person making the request of the 
extension setting forth the reasons for such extension 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 for more than ten (10) 
working days. 
SECTION 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 di(ectly 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. 
SECTION 8. Preferential Disposition of Cases Under this Act. - Except as 
to cases the court considers of greater importance, proceedings before the court, 
as authorized by this Act, take precedence on the docket over all cases. 


It shall commence proceedings without delays 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) days, without extension. Thereafter, the 
case shall be deemed submitted for decision. 
The court shall decide the case within fifteen (15) days from submission of 
the verified complaint and verifie'd answer of the parties. 
SECTION 9. Appeal. - The decision of the lower court may be appealed 
to the Court of Appeals within fifteen (15) days, from receipt by lOSing party of the 
decision. 
The appeal must be under oath and must set forth the legal and factual 
basis therefore. 
The appellee has an in extensible period of fifteen (15) days 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. 
The Court of Appeals must give priority to the Appeal and must render its 
decision within thirty (30) days from the date of the appeal is submitted for 
decision. 
SECTION 10. Penalties. - Any person found guilty of unreasonable and 
unjust withholding any information or record, document and the like requested 
under this Act shall be punish~d with a fine of not more than One Thousand 
• 
Pesos (P1,OOO.OO), or imprisonment of not less than one (1) month but not more 
than six (6) months with all the accessory penalties as provided for by law, or 
both, at the discretion of the court. 
SECTION 11. Duty of government Agency. - Each government agency, 
which shall be deemed to be acting under authority and with permission of the 
highest authority having jurisdi9tion over the particular agency concerned, shall 
make the following information available to the public: 


a. Location of h~ad, regional, provincial or field offices or other 
established places where the public can obtain information or submit 
request therefore. 
b. The person or office authorized or responsible to receive the 
request and act thereon. 
c. Any change, amendment or revision of the foregoing. Each 
government agency shall cause to be published in the Official Gazette 
and any newspaper of general circulation, the above-stated information for 
the guidance of the public. 
SECTION 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 reasonable and standard charges for document 
search and reproduction, and provide only for recovery of the direct costs of such 
search or reproduction. 
SECTION 13. Declassification of Documents Involving National Security. -
Any classifies 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 in an 
Executive Order declares its COntinued classification. 
SECTION 14. 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. 


• 
• 
SECTION 15. Repealing Clause. -
All laws, decrees, rules and 
regulations, issuances or any part or parts thereof inconsistent with the 
provisions of this Act are deemed repealed or amended accordingly. 
SECTION 16. Effectivity.Clause. - This Act shall take effect fifteen (15) 
days after its publication in th~ Official Gazette or in at least two (2) national 
newspapers of general circulation. 
Approved,