HOUSE °F REPRESENTATIVES
RECEIVED

SEVENTEENTH CONGRESS OF THE REPUBLIC ) pate: 30 JUN 20ts
OF THE PHILIPPINES )

| TINE Bier
First Regular Session ) i BM iia fC ~
| a;
|

HOUSE OF REPRESENTATIVES
HB. No. 224

HOST RATION UNIT

Wie INGEX SERN

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON
MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVE)
ARTICLE THREE OF THE 1987 CONSTITUTION AND THE STATE POLICY OF
FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING
PUBLIC INTEREST UNDER SECTION TWENTY-EIGHT, ARTICLE TWO OF
THE 1987 CONSTITUTION

EXPLANATORY NOTE

‘The public’s right to information on matters of public concern and access to official
records pertaining to official acts and transactions are recognized to be principles of utmost

importance in a free society.

The Constitution, Article 14, Section 28 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.

and corollary thereto, Article 2, Section 7 stat

‘The right of the people to information on matters of public concerns
shall be recognized. Access to official records, and to documents, and
papers pertaining to official acts, transactions, or decisions, as well as
government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.

Pursuant to these constitutional dictates, this bill seeks the passage of legislation that

will ensure that the State shall remain fully accountable to the people by:


a) providing for disclosure of all government information in order to facilitate
informed public participation in policy formulation and promote transparency and
fairness in government decision-making; and

b) giving the people the right of access to information on matters involving public
interest and/ or of public concern,

This bill was originally filed by Sen. Rodolfo G. Biazon in the Fourteenth Congress.

LEVIN

HERMINIO HARRY L. ROQUE JR.


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SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session

)
HOUSE OF REERESENTATIVES
HB. No. 4

Introduced by Representative Herminio Harry L. Roque Jr.

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION 01
MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN,
ARTICLE THREE OF THE 1987 CON: UTION AND THE STATE POLICY OF
FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING
PUBLIC INTEREST UNDER SECTION TWENTY-EIGHT, ARTICLE TWO OF
THE 1987 CONSTITUTION

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 “Freedom of Information

Act”.

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 indispensable to the exercise of the right of the

people and their organizations to effective and reasonable participation at all levels of social,

political and economic decision-making

Sec. 3. Coverage. - This Act shall cover all government agencies as defined under

Section 4 of this Act.

SEC. 4. Definition of Terms. ~ As used in this Act:


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(a) “Information” shall mean any knowledge, 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) “Government agency” shall include the executive, legislative and judicial branches as
well as the constitutional bodies of the Republic of the 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 universities and
colleges, 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.

(c) “Official 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, and is not meant to be a stage or status of the information.

(d) “Public records” shall include information required by law, executive orders, rules, or

regulations to be entered, kept and made publicly available by a government agency.

Sec. 5. Presumption. — There shall be a legal presumption in favor of access to

information. Accordingly, government agencies shall have the burden of proof of showing by

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clear and convincing evidence that the information requested is exempted from disclosure by

this Act.

SEC. 6. Access to Information. ~ Government agencies shall make available to the
public for scrutiny, copying and reproduction in the manner provided by this Act, all
information pertaining to official acts, transactions or decisions, as well as government
research data used as basis for policy development, regardless of their physical form or

format in which they are contained and by whom they were made.

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access to information may be denied when:

Sec. 7. Exceptions. — Subject to the qualifications set forth in Section 8 of this Act,

(a) The information is specifically authorized to 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 defense and its
revelation will cause grave damage to the 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 unduly weaken the negotiating position of the
government in an ongoing bilateral or multilateral negotiation or seriously jeopardize
the diplomatic relations of the Philippines with one or more states with which it
intends to keep friendly relations: Provided, further, That the executive order shall
specify the reasonable period by 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 requested pertains to internal and external defense and law

enforcement, when the revelation thereof would render a legitimate military or law


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enforcement operation ineffective, unduly compromise the prevention, detection or
suppression of a criminal activity, or endanger the life or physical safety of
confidential or protected sources or witnesses, law enforcement and military
personnel or their immediate families. Information relating to the details of the
administration, budget and expenditure, and management of the defense and law
enforcement agencies shall always be accessible to the public;

(c) The information requested pertains to the personal information of a natural person
other than the requesting party, and its disclosure would constitute a clearly
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 or her public function, or the person has consented to the disclosure of
the information;

(d) The information requested pertains to trade, industrial, financial or commercial secrets
of a natural or juridical person other than the requesting party, obtained in confidence
by, and/or filed with a government agency, whenever the revelation thereof would
seriously prejudice the interests of such natural or juridical person in trade, industrial,
financial or commercial competition, unless such natural or juridical person has
consented to the disclosure of the information;

(c) The information is privileged from production in legal proceedings by law or by the
Rules of Court, unless the person entitled to the privilege has waived it;

() The information requested is exempted by law or the Constitution, in addition to those
provided in this section;

(g) The information requested is obtained by any committee of either House of Congress

in executive session, whenever such information falls under any of the foregoing

exceptions; and


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(h) The information requested consists of drafts of decisions by any executive,
administrative, judicial or quasi-judicial body in the exercise of their adjudicatory
functions whenever the revelation thereof would reasonably tend to impair the
impartiality of verdicts, or otherwise obstruct the administration of justice.

For letters (b) to (h) 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 officer/s

duly designated by him.

See. 8. Qualifications. ~ Even if the information falls under the exceptions set forth in
the preceding section, access to information shall not be denied if:
(a) The information may be reasonably severed from the body of the information which
would be subject to the exceptions;
(b) The public interest in the disclosure outweighs the harm to the interest sought to be
protected by the exceptions; or
(c) The requesting party is either House of Congress, or any of its Committees and the
disclosure is to be made in executive session, unless the disclosure will constitute a

violation of the Constitution.

Sec. 9, Procedure of Access. ~ (a) Any person who wishes to obtain information shall
submit a request to the government agency concerned personally, by mail, or through
electronic means. The request shall state the name and preferred contact information of the
requesting party, and reasonably 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


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

(b) 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.

(c) The request may indicate the following preferred means of communication:

(1) A tue copy of the information in permanent or other form;

(2) An opportunity to inspect the information, using equipment normally available
to the government agency when necessary;

(3) An opportunity to copy the information using personal equipment;

(4) A written transcript of the information contained in a audio or visual form;

(5) A transcript of the content of an information requested, in print, sound or
visual form, where such transcript is capable of being produced using
equipment normally available to the government agency;

(6) A transcript of the information from shorthand or codified form; or

(7) Other reasonable means or format.

(4) A government agency may communicate the information requested in a form other
than the preferred means whenever such preferred means would unreasonably interfere with

the effective operation of the agency. or be detrimental to the preservation of the record.


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(c) The government agency shall comply with such request within seven (7) working
from the receipt thereof.

(f) The time limits prescribed in this Section for the production of the requested
information may be extended whenever there is a need for any of the following:

(1) To search for and collect the requested information from field facilities or
other establishments that are separate from the office processing the request;

(2) To search for, collect and appropriately examine a voluminous amount of
separate and distinct information which are demanded in a single request;

(3) Consultation, which shall be conducted in all practicable speed, with another
government agency or among two (2) or more components of the government
ageney having substantial interest in the determination of the request; and

(4) To consider fortuitous events or other events due to force majeure 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: Provided, That no such notice shall

specify a date that would result in an extension of more than fifteen (15) working days from

the original deadline.

Sec. 10. Access Fees. - Government agencies may charge a reasonable fee to
reimburse the actual cost of reproduction, copying or transcription and the communication of

the information requested.

Sec. 11. Notice of Denial. ~ If the government agency decides to deny the request, in
whole or in part, it shall, within seven (7) working days from the receipt of the request, notify

the person making the request of such denial in writing or through electronic means. The


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notice shall clearly indicate the name, rank, title or position of the person making the denial,
and the grounds for the denial. In case the denial is by reason of a claimed exception, the
denial shall also state clearly the legitimate aim or interest sought to be protected in the
confidentiality, and the facts and circumstances invoked showing the substantial harm to, or
frustration of, the legitimate aim or interest that will result in the disclosure of the information
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. 12, Implementation Requirements. ~ (a) For the effective implementation of this
Act, all government agencies shall prepare a Freedom of Information Manual, with the end in
view of facilitating easy access to information, which shall include 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
information or submit requests;

(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
acknowledgement 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, and the grant or denial of access and its implementation;

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

information;


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(9) The schedule of fees:

(10) The process and procedure for the mandatory disclosure of information
under Section 14 of this Act;

(11) Should the agency lack the capacity to comply with Section 14(a) of this

Act, a brief description o

plan to facilitate compliance within three (3)
years from the approval of this Act; and
(12) Such other information, taking into consideration the unique characteristics
of an agency, that will help facilitate the effective implementation of this
Act.
(b) The Judiciary shall prepare a similar manual as directed by the Supreme Court;
(c) The foregoing information shall also be posted in its website and bulletin boards,
and shall be regularly updated;
(d) 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.

Sec. 13. Remedies in Cases of Denial. ~ (a) In all government agencies other than the
judicial branch—

(1) Every denial of any request for access to information may be appealed to the
person or office next higher in authority, following the procedure mentioned
in Section 12(a) (8) of this Act: Provided, That the appeal must be filed
within fifteen (15) calendar days from the notice of denial and must be
decided within fifteen (15) calendar days from filing, Failure of the
government agency to decide within the aforestated period shall constitute a
denial of the appeal; and

(2) Instead of appealing or after the denial of the appeal, the person denied access

to information may file a verified complaint with the Office of the


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Ombudsman, praying that the government agency concerned be directed to
immediately afford access to the information being requested. Such complaint
shall be resolved by the Office of the Ombudsman within sixty (60) calendar
days from filing, or earlier when time is of the essence, taking into account
such factors as the nature of the information requested, context of the request,
public interest and danger that the information requested will become moot.

The Office of the Ombudsman shall promulgate its special rules of procedure

for the immediate disposition of complaints filed pursuant to this Section.
Unless restrained or enjoined, the decisions of the Office of the Ombudsman
shall be immediately executory, without prejudice to review in accordance
with the Rules of Court

(3) Instead of filing a complaint with the Office of the Ombudsman, whenever a
request for information is denied originally or on administrative appeal, 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 information and to pay the damages sustained by the

requesting party by reason of the denial. The procedure for such petition shall
be summary in nature.

(4) In resolving a complaint or petition brought under the preceding paragraphs
(2) and (3), the Ombudsman or the court 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 claim, when such sufficiency cannot be reasonably determined

through evidence and circumstances apart from the information.


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(b) In the Judicial Branch - The Judiciary shall be governed by such remedies as
promulgated by the Supreme Court.

(©) The remedies under this section are without prejudice to any other administrative,
civil or criminal action covering the same act.

(d) The remedies available under this Act shall be exempt from the rules on non-
exhaustion of administrative remedies and the application of the provisions of Republic Act
No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004.

(e) 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. 14. Mandatory Disclosure of Transactions Involving Public Interest. ~
(a) Subject to Sections 7 and 8 of this Act, all government agencies shall upload on
their websites, which shall be regularly updated every fifteen (15) days, all the steps,
negotiations and key government positions pertaining to definite propositions of the
government, as well as the contents of the contract, agreement or treaty in the following
transactions involving public interest:
(1) Compromise agreements entered into by a government agency with any
person or entity involving any waiver of its rights or claims;
(2) 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;
(3) Procurement contracts entered into by a government agency;
(4) Construction or concession agreements or contracts entered into by a

government agency with any domestic or foreign person or entity;

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5) Loans, grants, development assistance, technical assistance and programs
entered into by a government agency with official bilateral or multilateral

agencies, as well as with private aid agencies or institutions:

(6) Loans from domestic and foreign financial institutions;

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

(8) Public funding extended to any private entity;

(9) Bilateral or multilateral agreements and treaties in defense, trade, economic

partnership, investments, cooperation and similar binding commitments; or

(10) Licenses, permits or agreements given by any government agency to
any person or entity for the extraction and/or utilization of natural resources,

‘A summary list of the foregoing information uploaded in the website shall be posted
in the bulletin boards of the concerned government agency.

(b) The information uploaded in the website under letter (a) of this Section may be
withdrawn afier a period of three (3) years from the time of uploading: Provided, That an
abstract of the information withdrawn shall remain uploaded in the website, containing a brief
description of the transaction and an enumeration of the information withdrawn, and
indicating the dates of posting and withdrawal

(c) Should an agency lack the capacity to comply with letter (a) of this Section, the
agency shall initiate a capacity-building program, or coordinate with another appropriate
agency, to facilitate substantive compliance not later than three (3) years upon approval of

this Act.

Sec. 15. 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, resolution, enactments, actions, procedures,

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operations, activities, communications, 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,
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 Philippines. 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.

) In addition to the specific and classes of official records indentified 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 on graft and corruption practices of public
officers.

4) Government agencies shall prepare, following standards and period promulgated
pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act of 2007, a

records management programs 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 facilitates e: 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 ageney, for transfer to the National
Archives, or for destruction: Provided, That destruction of the official records may be
implemented only upon approval of the National Archives of the Philippines; and

3) A specifications 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 rules 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, in coordination with the National Printing Office as
the agency with exclusive printing jurisdiction over the Official Gazette, shall maintain a
database, and publish the same in print in 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) All presidential issuances from November 15. 1935
to the present, including but limited, to executive orders, presidential proclamations,
administrative orders, memorandum circulars, general orders, and other similar issuances; 3)

‘A database of all appointments made by the President of the Philippines; and 4) Opinions of

the Secretary of Justice.

SEC. 16. Promotion of Openness in Government. ~ (a) Duty to Publish Information ~
Government agencies shall regularly publish, print and disseminate at no cost to the public
and in an accessible form, in conjunction with R.A. 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) Current and important database and statistics that it generates;

(7) Bidding processes and requirements; and

(8) Mechanisms or procedures by which the public may participate in or
otherwise influence the formulation of policy or the exercise of its powers

(b) Accessibility of Language and Form — Every government agency shall endeavor to
translate key information into major Filipino languages and present them in popular form and
means

(c) Improving Capability — Every government agency shall ensure the provision of
adequate training for its officials to improve awareness of the right to information and the
provisions of this Act, and to keep updated of best practices in relation to information

disclosure, records maintenance and archiving.

Sec. 17. Criminal Liability and Administrative Liability, - The penalty of
imprisonment of not less than one (1) month but not more than six (6) months shall be

imposed upon

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(a) Any public officer or employee receiving the request under Section 9 of this Act
who shall fail to promptly forward the request to the public officer within the
same office or agency responsible for officially acting on the request when such is
the direct cause of the failure to disclose the information within the periods
required by this Act;

(b) Any public officer or employee responsible for officially acting on the request,
who shall:

(1) Fail, to act on the request within the periods required by this Act;

(2) Knowingly deny the existence of existing information;

(3) Destroy information being requested for the purpose of frustrating the
requester’s access thereto:

(4) Claim an exception under Section 7 of this Act, or under the

Constitution, when the claim is manifestly devoid of factual bas

(3) Refuse to comply with the decision of his immediate supervisor, the
Ombudsman or the court ordering the release of information that is
not restrained or enjoined by a court:

(c) The head of office of the government agency directly and principally responsible
for the negotiation and perfection of any of the transactions enumerated in Section
14(a) of this Act, who shall knowingly refuse, to direct the mandatory posting or
uploading of such transaction despite the agency capacity to implement such
directive. The same penalty shall be imposed upon the public officer or employee
who, despite a directive from the head of office, shall fail, to post or upload any of
the transactions enumerated in Section 14(a) of this Act;

(d) Any public officer or employee who shall destroy, or cause to destroy, records of

information covered by Section 15(c) of this Act;

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(e) Any public officer who formulates policies, rules and regulations manifestly
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; or

(f) Any public or private individual who knowingly induced or caused the
commission of the foregoing acts under this section.

The foregoing shall be without prejudice to any administrative liability of the offender

under existing laws and regulations.

Sec. 18. 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 denial of the right to

information under Article III, Section 7 of the 1987 Constitution.

Sec. 19. 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. 20. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of this Act,
including 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.

Sec. 21. Effectivity. — This Act shall take effect fifteen (15) days after its publication

in at least two (2) national newspapers of general circulation.

Approved,

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