HOUSE OF Ri-Pid2SENTATIVES

RECEIVID
Date: 26 JUL 2016
TIME:

BY: S
17* CONGRESS OF THE REPUBLIC OF THE PHILIPPINES __

FIRST REGULAR SESSION bahia lk
BILLS ANS Ae x \eVicE

House of Representatives
HOUSE BILL NO.

INTRODUCED BY HONORABLE TEODORO G. MONTORO

EXPLANATORY NOTE

The Philippines is currently the largest importer of rice in the world, importing around
1.8 million tons of rice in 2008 (World Rice Statistics).
As International Rice Research Institute (IRI) advocates rice food security, rice is

the most important human food, eaten by more than half of the world’s population. In
Asia, where 90% of rice is consumed rice security is equivalent to food security.

This bill seeks to adopt and implement a policy of full public disclosure of all
government transactions involving food and basic commodities, consistent with the
Constitutional right of the people to information, by requiring all government bodies,
specifically, but not limited to the Department of Agriculture and Department of
Trade and Industry, to grant written requests for information on food and food supply,
and prescribing the penalty in the event of violations thereof, The bill also requires the
Department of Agriculture to publish all relevant information on the importation of
basic food commodities, such as rice and corn, as well as to maintain records and a
database containing said information.

It is provided under Article II Declaration of Principles and State Policies Section 9
that the State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, arising
standard of living, and an improved quality of life for all.



17" CONGRESS OF THE REPUBLIC OF THE PHILIPPINES.
FIRST REGULAR SESSION

nous BILL ao. 4893

INTRODUCED BY HONORABLE TEODORO G. MONTORO.

AN ACT
MANDATING THE GOVERNMENT TO PROVIDE ACCESS TO
INFORMATION ON FOOD AND OTHER BASIC
COMMODITIES TO GUARANTEE THE RIGHT OF THE
PEOPLE TO AFFORDABLE FOOD AND ADEQUATE FOOD
SUPPLY, PRESCRIBING GUIDELINES THEREFOR, AND FOR
OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Affordable Food
Transparency Act of 2016.”

SECTION 2. Declaration of Policy. Article II Declaration of Principles and
State Policies Section 9 states “ The State shall promote a just and dynamic social
order that will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social services, promote
full employment, arising standard of living, and an improved quality of life for all”.
More so, Article III of the bill of Rights, Section 7 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 for policy
development, shall be afforded the citizen, subject to such limitations as may be
provided by law.

SECTION 3. Definition of Terms.

(a) “Basic commodities” for purposes of this Act includes: rice; com; bread; fresh,
dried and canned fish and other marine products, fresh pork, beef and poultry meal;
fresh eggs; fresh and processed milk; fresh vegetables; root crops; coffee; sugar:
instant noodles; salt;

(b) “Government body” shall mean any Executive, specifically, but not limited to, the
Department of Agriculture (DA) and Department of Trade and Industry (DTI),
Legislative, Judicial or Constitutional body of the Government of the Republic of the


Philippines, including local government units, the Armed Forces of the Philippines
and the Philippine National Police, government financial institutions and government-
owned and controlled corporations, whether created by its own charter or by
registration with the Securities and Exchange Commission (SEC), and all such other
entities where the government has substantial interest in,

(©) “Information” shall mean all documents, papers, letters, minutes and transcripts
of official meetings, maps, books, photographs, films, sound and video recordings,
magnetic or other tapes, electronic data processing records, computer stored data,
electronic mail messages, 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 contro! and custody of any government body pursuant to law, executive
order, rules and regulation, ordinance or in connection with the performance or
transaction of official business by any government body.

(d) “Requesting person” shall mean a natural person, whether on his own or as a
representative of another natural person or a juridical person, who makes a request to
obtain, have a copy of or have access to information from any government body as
defined in this Section.

(©) “Trade secret” shall mean any information, including a formula, pattern,
compilation, program, device, product, method, technique or process, that is used, or
may be used, in business or for any commercial advantage; derives independent
economic value, actual or potential, from not being generally known to the public or
to persons who can obtain economic value from its disclosure or use; is the subject of
reasonable efforts to prevent it from becoming generally known, and the disclosure of
which would result in harm or improper benefit.

SECTION 4. Publication of Importation Permits. In the spirit of transparency and
accountability, the Department of Agriculture shall cause the publication of the
following information on all basic commodities, especially rice, com, and sugar
importation permits that it has granted:

(a) Name and address of importer, either as a natural or juridical entity;

(b) Name and address of supplier from whom importation is sourced;

(©) Country of origin of the import per shipment;

(d) Date of contract of import;(e) Date of arrival of import per shipment;

(f) Schedule, cargo or vessel, and maximum tonnage per shipment;

(g) Contracted and actual volume of import per shipment;

(h) Specification of import per shipment:

(i) Contracted price of import per shipment;

(j) Value or cost of import per volume and for each source;


(k) Mode of purchase of import per shipment;
(0) Drop-off points or ports per shipment shipment; and

(m) Such other information that may be necessary to ensure a complete and proper
inventory of imported rice and corn.

The Department of Agriculture shall also prepare, keep and maintain records and a
database containing the above-enumerated information, which shall be made readily
available to the public.

SECTION 5. Coverage and Limitations, All information, as herein defined, which
are in the custody or under the control of a government body shall be made accessible
and available for public scrutiny, copying and reproduction, except when:

(a) The information pertains fo personal information on a third party natural person,
but only when its revelation would constitute a violation of an individual's right
against self-incrimination, including, but not limited to, records or information subject
to attorney-client or doctor-patient relationship;

(b) The information has been specifically authorized to be kept secret or considered
classified in the interest of national security by the President through an Executive
Order duly published in the Official Gazette and in at least two (2) newspapers of
general circulation, subject to the following provisions:

(i) The Supreme Court may, upon complaint by any citizen, inquire into the
sufficiency of the factual basis for the President's determination;

(ii) Such information shall be reviewed every five (5) years by the head of the
appropriate agency concerned for purposes of declassification and making
available to the public; and

(iii) Such information shall finally be deemed declassified and open to the
public after a period of fifteen (15) years from the date of publication of the
said Executive Order in the Official Gazette or in a newspaper of general
circulation, whichever was first.

(©) The information is maintained by law enforcement agencies for criminal law
enforcement, or, relates to the detection and investigation of crime, including those
maintained on any individual or compiled in the course of a criminal investigation by
any law enforcement agency: Provided that the disclosure of such public record or
information:

(Could reasonably be expected to interfere with the prevention,
detection, suppression, or investigation of any criminal activity or
with law enforcement operations;

(ii) Would deprive a person of a right to a fair trial or an impartial
adjudication;

(iii) Could reasonably be expected to constitute an unwarranted invasion of
personal privacy;


(iv) Could reasonably be expected to disclose the identity of a confidential
source, including a foreign agency or authority, or any private
institution, which furnished information on a confidential basis, or
the information furnished by a confidential source;

(v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions;

(vi) Could reasonably be expected to endanger the life or physical safety of
any individual, harm the security of any property or system,
including a building; or

(vii) Could harm the security of any property or system, including, but not
limited to, a building, vehicle, computer or communications
system: Provided, however, that records or information relating to
the administration, management and direction of a law enforcement
agency shall be public.

(d) The information is maintained by the Department of Foreign Affairs and other
relevant government bodies on another sovereign state, and the disclosure of such
records or information could reasonably be expected to jeopardize the diplomatic
relations of the Government of the Republic of the Philippines with the said sovereign
state: Provided, that treaties, trade agreements, contracts between agencies and/or
government-owned and controlled corporations, and implementing agreements,
annexes, side letters and other such documents and records pertaining to or related to
the same, and any other documents pertaining to dealings entered into by, the
Government of the Republic of the Philippines with another sovereign State and binds
the Government to uphold such transactions under international and local law, shall
not be covered by this exception;

(e) The information pertains to trade secrets and commercial or financial information
obtained from a person, firm, or corporation which is of a privileged or confidential
nature; or

(f) The information is exempted from disclosure by another law or by the Rules of
Court, including, but not limited to, information considered as privileged
communication or gathered by any government body in closed or executive session.

In cases where access is requested to a portion of a record or information that is
exempt from disclosure pursuant to this Act, the public shall have the right of access
to the remainder of the record Provided, that the exempt portion of the record can be
reasonably separated, severed, deleted or concealed from the record.

Nothing in this Act shall, however:

(a) Authorize the withholding of information from, or limit the availability of records
to, Congress or any of its committees;


(b) Affect the power of any court, tribunal, investigative body, or any government
body exercising quasi-judicial functions to compel a witness to testify or so compel
the production of documents;

imit the information otherwise available by law to a party to litigation including a

(d) Prohibit the transfer, storage or destruction of any record pursuant to law, decree,
order, ordinance or rules and regulations;

(©) Prevent access to records maintained in a public office for the purpose of
providing the public access to information; or

( Restrict disclosure of information for the purpose of an investigation or
prosecution of a criminal case or a case of graft and corruption.

SECTION 6. Procedure for Access. Any person who seeks to obtain, have a copy of
or have access to any information shall file a request in writing, as much as
practicable, to the government body concerned, reasonably describing the information
being sought, and stating details on how he could be contacted by the said
government body.

The government body shall comply with the said request within two (2) working days
after the receipt of the request, or within a reasonable period of time mutually agreed
upon by the requesting person and the government body's employee concerned, but
not to exceed five (5) working days.

The time for compliance may, with due notice to the requesting person, be extended
by the head of the government body to a period not exceeding fifteen (15) days if:

(a) The requesting person failed to give enough details about the information or
record sought to be obtained.

(b) A large number of records is sought to be obtained in a single request, or when it
has received voluminous requests, that compliance within the prescribed period under
this Act would unreasonably interfere with its operations;

(c) The request requires search and collation of records from its field offices;

(d) Additional time is needed to consult with another government body having
material or substantial interest in the determination of the request; and

(©) There are fortuitous events or other events from force majeure, or other analogous
cases.

SECTION 7. Payment of Reasonable Fees. Copies or reproductions of information,
whether in print or electronic media, may be obtained by the requesting person whose
request has been approved upon payment of a reasonable fee which shall not exceed
the actual cost of reproduction plus a reasonable margin not exceeding ten percent
(10%): Provided, that proceeds from the reproduction fees charged shall be used


exclusively for the purchase and maintenance of equipment and supplies required to
produce copies or reproductions of the said records.

Upon request, the government body shall provide a detailed itemization of the costs
charged for the reproduction. No government body may, however, require the
advanced payment of any reproduction fee.

SECTION 8. Transfer of Request. If the government body to which the request was
filed determines that the information being sought is not in its custody or control, it
shall, within two (2) days, notify the requesting person of the same, through writing or
other contact channels that the requesting person has provided, and shall then either:
1) transmit the said request to the government body which has the possession or
custody of the information being sought; or 2) provide the requesting person with a
referral letter, signed by its head and addressed to the head of the government body
which has the possession or custody of the information being sought.

The government body receiving of such transmittal or referral letter shall then act on
such request in the manner set forth in Section 5 hereof.

SECTION 9. Denial of Request. If the government body decides to deny the request,
in whole or in part, it shall within two (2) working days from the receipt of the request.
notify the requesting person of such denial in writing, signed by the head of the
government body, and the specific grounds for the denial and the corresponding legal
basis, as allowed in Section 4 hereof.

SECTION 10. Remedies to Compel Disclosure. Every denial of any request for
access to information may be appealed before the Office of the Ombudsman by filing,
within fifteen (15) days from receipt of a letter of denial, a prayer for the disclosure of
the information being sought.

If the Office of the Ombudsman upholds such denial or fails to act on such prayer
within sixty (60) days, the requesting person may then file a verified petition for
mandamus before the Regional Trial Court with jurisdiction over the government
body's office receiving the request for information. A decision of the court granting
the request for information shall be subject to the proper judicial remedies available to
the affected government body, following the procedure provided under the Rules of
Court.

Nothing in this Section shall prejudice any other available administrative, civil or
criminal remedy.

SECTION 11. Mandatory Disclosure of Food Information. Each government body
that possesses any significant information that affects food supply and prices shail
readily disseminate the same to the public and regularly update said information. The
means of disclosure and dissemination of such information shall include, but not be
limited to: (a) manuals, pamphlets, brochures, bulletins, posters, announcements, or
any other printed collaterals, for distribution or for posting by the government body
concerned in conspicuous places in its central and field offices; and (b) electronically
uploading of such information on its website.



SECTION 12. Mandatory Disclosure for Public Interest. Any government body
which is in possession or has knowledge of any information, not otherwise declared
classified or exempt pursuant to this Act, about the existence of a factor or risk
significant to food supply and prices, or which clearly affects public’s right to
affordable food and adequate food supply, shall without delay disclose such
information to the public.

SECTION 13. Penal Provisions. Any official or employee of the government body
which has possession of any significant information on food supply and prices found
guilty by final judgment of the proper court of denying access to information, or parts
thereof, without a valid legal ground as provided for in this Act, or who shall
knowingly release false and/or misleading information, shall be punished with a fine
of not less than Twenty Thousand Pesos (P20,000.00) but not more than Forty
‘Thousand Pesos (P40,000.00), and/or imprisonment of not less than one (1) year but
not more than three (3) years, including all the accessory penalties provided by law,
upon the discretion of the court.

Any official or employee who shall fail to respond to a request due to negligence, or
fail to meet the time limits for response set forth in this Act, without reasonable
reasons for such, shall be punished with a fine of not less than Ten Thousand Pesos
(P10,000.00) but not more than Twenty Thousand Pesos (P20,000.00), and/or
imprisonment of not less than six (6) months but not more than one (1) year, including
all the accessory penalties provided by law, upon the discretion of the court.

Any official or employee who shall deliberately and knowingly refuse, or because of
negligence fail, to update any information his or her office is required to disclose
under Section 10 of this Act shall be penalized administratively with suspension from
service, without play, of at least six (6) months but not more than one (1) year. A
subsequent offense shall cause his dismissal from service.

SECTION 14. Implementing Guidelines. Each government body shall, within sixty
(60) days from the effectivity of this Act, promulgate guidelines specifying the office,
and employees from whom, and the methods and process whereby, the public may
request access to or obtain information which are kept in or held under its custody or
control.

SECTION 15. Reports. On or before March | of each caldar year, each government
body shall submit a report covering the preceding year to the Speaker of the House of
Representatives and President of the Senate for referral to the appropriate committees
of Congress. The report shalll include:

(a) A copy of the implementing guidelines and rules crafted by such government body
in the implementation of this Act;

(b) A copy of the reproduction fee schedule under Section 6 of this act, the total
proceeds collected from such fees and the use of such proceeds by the government
body;


(©) The number of determinations made by such government body to refuse the
requests for information made to such government body under Section 8, the reasons
for such determination;

(d) The names and titles or positions of officials responsible for the refusal of requests
under this Act, and the number of instances of participation of each;

(©) The number of refused requests wherein the requesting person sought remedies
before the Office of the Ombudsman or before the regular courts, and the names and
titles or positions of officials concerned in these cases;

(f) A copy of the information disclosed by the government body pursuant to Section
10 of this act, including a description of the collaterals, whether print or electronic,
used in the dissemination of the said disclosed information.

(g) A summary of other initiatives made by the government body, whether or not
mandated by this Act or any other law, that sought to enhance and assist the
implementation of this Act: and

(h) Such other information, which the government body deems as necessary to
disclose in relation to the implementation of this Act.

The Office of the Ombudsman shall submit an annual report on or before March 1 of
each calendar year, listing the number of cases filed before it under Section 9 of this
Act and the disposition of each case. The Solicitor General shall likewise submit an
annual report on or before March 1 of each calendar year, listing the number of cases
filed before the regular courts under Section 9 of this Act, the disposition of each
case, the names and positions or titles of the officials penalized and the penalties
assessed.

SECTION 16. Oversight Committee. For the effective implementation of this Act,
there shall be a Congressional Oversight Committee consisting of five (5) members
each from the Senate and House Representatives, which shall be composed of the
Chairpersons and members of the Committees on Agriculture, Trade and Commerce,
and Justice and Human Rights of both the Senate and House of Representatives,
which shall meet bi-annually to oversee its implementation. The Congressional
Oversight Committee shall be jointly chaired by the Chairpersons of the Committees
on Agriculture and Trade and Commerce of the Senate and House and
Representatives and shall be jointly vice-chaired by the Chairpersons of the
Committees on Justice and Human Rights of the Senate and House and
Representatives.

SECTION 17. Separability Clause. If for any reason, any part, section or provision
of this Act shall be held unconstitutional or invalid, no other part, section or provision
shall be affected thereby.

SECTION 18. 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.


SECTION 19. Effectivity Clause. This Act shall take effect immediately after its
publication in at least two (2) national newspapers of general circulation.

Approved,