V7OFe 2012

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Third Regular Session

COMMITTEE REPORTNO._ 2035

Submitted by the COMMITTEE ON PUBLIC INFORMATION on 17 DEC 2012
Re House BillNo.__ 6 76 &

Recommending its approval in substitution of House Bill Nos. 11, 22, 53, 59, 86, 133, 301,
830, 1713, 1968, 2128, 2969, 4252, 4851 and 6555 and Petition No. 0002

Sponsors: Reps. Ben P. Evardone, Lorenzo R. Tajiada Ill, Rodolfo G. Biazon,
Marcelino “Marcy” R. Teodoro, Karlo Alexei B. Nograles, Juan Edgardo
“Sonny” M. Angara, Teddy A. Casifio, Neri Javier Colmenares, Walden
F. Bello, Kaka J. Bag-ao, Sergio AF. Apostol, Rachel Marguerite B. Del
Mar, Winston T. Castelo, Sherwin N. Tugna, Joseph Victor G. Ejercito,
Bernadette Herrera-Dy and Cinchona Cruz-Gonzales

MR. SPEAKER:
The Committee on Public Information to which were referred:
House Bill No. 11, authored by Rep. Rodolfo G. Biazon, entitled

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF
PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE Il OF THE
1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF
ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY-
EIGHT, ARTICLE I! OF THE 1987 CONSTITUTION,
AND FOR OTHER PURPOSES

House Bill No. 22, authored by Rep. Marcelino “Marcy” R. Teodoro, entitled:

AN ACT
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON MATTERS OF PUBLIC
CONCERN GUARANTEED UNDER SECTION TWENTY-EIGHT, ARTICLE Il AND
SECTION SEVEN, ARTICLE Ili OF THE 1987 CONSTITUTION AND FOR OTHER
PURPOSES



House Bill No. 53, authored by Rep. Lorenzo R. Tafiada Ill, entitled:

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF
PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE Ill OF THE
1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF
ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY-
EIGHT, ARTICLE I! OF THE 1987 CONSTITUTION,
AND FOR OTHER PURPOSES

House Bill No. 59, authored by Rep. Kario Alexei B. Nograles, entitled:

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF
PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE Ill OF THE
1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF
ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY-
EIGHT, ARTICLE Il OF THE 1987 CONSTITUTION,
AND FOR OTHER PURPOSES

House Bill No. 86, authored by Rep. Juan Edgardo “Sonny” M. Angara, entitled:

AN ACT
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON MATTERS OF PUBLIC
CONCERN GUARANTEED UNDER SECTION TWENTY-EIGHT, ARTICLE I] AND
SECTION SEVEN, ARTICLE Ili OF THE 1987 CONSTITUTION AND FOR OTHER.
PURPOSES

House Bill No. 133, authored by Reps. Teddy A. Casifio and Neri Javier Colmenares,
entitled:

AN ACT
TO ENSURE PUBLIC ACCESS TO OFFICIAL RECORDS, DOCUMENTS AND ANY
OTHER IINFORMATION OF PUBLIC CONCERN

House Bill No. 301, authored by Reps. Walden F. Bello and Kaka J. Bag-ao, entitled:

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF
PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE Ill OF THE
1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF
ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY-
EIGHT, ARTICLE Il OF THE 1987 CONSTITUTION,
AND FOR OTHER PURPOSES,

House Bill No. 830, authored by Rep. Pedro P. Romualdo, entitled:
AN ACT UPHOLDING THE CONSTITUTIONAL RIGHTS OF THE PEOPLE TO

INFORMATION ON MATTERS OF PUBLIC CONCERN
AND FOR OTHER PURPOSES


House Bill No. 1713, authored by Rep. Sergio AF. Apostol, entitled:

AN ACT
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION
ON MATTERS OF PUBLIC INTEREST AS GUARANTEED UNDER SECTION TWENTY-
EIGHT, ARTICLE li AND SECTION SEVEN, ARTICLE Ill OF THE 1987 CONSTITUTION,
AND RECOGNIZING THE PROTECTION OF PRIVACY AS GUARANTEED UNDER
SECTIONS TWO AND THREE, ARTICLE II! OF THE 1987 CONSTITUTION, AND FOR
OTHER PURPOSES

House Bill No. 1968, authored by Rep. Rachel Marguerite B. Del Mar, entitled!

AN ACT
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON MATTERS OF PUBLIC
CONCERN GUARANTEED UNDER SECTION TWENTY-EIGHT, ARTICLE Il AND
SECTION SEVEN, ARTICLE Ill OF THE 1987 CONSTITUTION AND FOR OTHER
PURPOSES

House Bill No. 2128, authored by Rep. Winston T. Castelo, entitled

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF
PUBLIC CONCERN AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF ALL
ITS TRANSACTIONS INVOLVING PUBLIC INTEREST AND FOR OTHER PURPOSES

House Bill No. 2969, authored by Rep. Salvador H. Escudero III, entitled:

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF
PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE Ill OF THE
1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF
ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY-
EIGHT, ARTICLE II OF THE 1987 CONSTITUTION,
AND FOR OTHER PURPOSES

House Bill No. 4252, authored by Rep. Rodelfo W. Antonino, entitled:

AN ACT
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON MATTERS OF PUBLIC
CONCERN GUARANTEED UNDER SECTION TWENTY-EIGHT, ARTICLE I! AND
SECTION SEVEN, ARTICLE Ill OF THE 1987 CONSTITUTION AND FOR OTHER
PURPOSES

House Bill No. 4851. authored by Rep. Sherwin N. Tugna, entitled:

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF
PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE Ill OF THE
1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF
ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY-
EIGHT, ARTICLE Il OF THE 1987 CONSTITUTION,
AND FOR OTHER PURPOSES,


House Bill No. 6555, authored by Rep. Joseph Victor G. Ejercito, entitled:

AN ACT
TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION
HELD BY THE GOVERNMENT

and Petition No. 0002, introduced by Ang Kapatiran Party, Through Indirect Initiative Under
Sections 3(B) and 11 of Republic Act No. 6735 (Initiative and Referendum Act), entitled:

AN ACT
PRESCRIBING THE CONDITIONS AND LIMITATIONS TO ENFORCE:

1) THE STATE POLICY MANDATING FULL PUBLIC DISCLOSURE OF ALL ITS
TRANSACTIONS INVOLVING PUBLIC INTEREST (SEC. 28, ART. li OF THE 1987
CONSTITUTION); AND
2) THE STATE POLICY RECOGNIZING THE RIGHT OF THE PEOPLE TO ACCESS
OFFICIAL RECORDS, DOCUMENTS, AND PAPERS PERTAINING TO OFFICIAL ACTS,
TRANSACTIONS, AND DECISIONS OF GOVERNMENT, AS WELL AS GOVERNMENT
RESEARCH DATA USED FOR POLICY DEVELOPMENT (SEC. 7, ART. Ill, 1987
CONSTITUTION);

PROVIDING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES,
OTHERWISE KNOWN AS THE FREEDOM OF INFORMATION ACT OE Be

ahs)

has considered the same and recommends that the attached House Bill No. , entitled

AN ACT
TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION
HELD BY THE GOVERNMENT

be approved in substitution of House Bill Nos. 11, 22, 53, 59, 86, 133, 301, 830, 1713, 1968,
2128, 2969, 4252, 4851 and 6555 and Petition No. 0002 with Representatives Rodolfo G.
Biazon, Marcelino “Marcy” R. Teodoro, Lorenzo R. Tafiada Ill, Kario Alexei 8. Nograles,
Juan Edgardo “Sonny” M. Angara, Teddy A. Casifio, Neri Javier Colmenares, Walden F.
Bello, Kaka J. Bag-ao, Pedro P. Romualdo, Sergio A.F. Apostol, Rachel Marguerite B, Del
Mar, Winston T. Castelo, Salvador H. Escudero II, Rodolfo W. Antonino, Sherwin N. Tugna,
Joseph Victor G. Ejercito, Ben P. Evardone, Bernadette Herrera-Dy, Cinchona Cruz-
Gonzales, Ma. Victoria R. Sy-Alvarado and Jim Hataman-Salliman as authors thereof.

Respectfully submitted

DE cove

Chairman
Committee on Public information

THE HONORABLE SPEAKER
House of Representatives
Quezon City


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Fifteenth Congress
Third Regular Session

House Bill No. 6766

Introduced by Reps. Biazon, Teodoro, Tafiada, Nograles, Angara, Casiiio, Colmenares,
Bello, Bag-ao, Romualdo, Apostol, Del Mar, Castelo, Escudero, Antonino, Tugna,
Ejercito, Evardone, Herrera-Dy, Cruz-Gonzales, Sy-Alvarado and Hataman-Salliman

AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS
TO INFORMATION HELD BY THE GOVERNMENT

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 of 2012.”

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 government agencies. Government agencies
refers to 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.

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

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(a) Information refers to data that have been processed into a record, document, paper,
report, letter, contract, minutes and transcripts of official meetings, maps, books,
photographs, data, research materials, in whatever form, or films, sound and video
recordings, magnetic or other tapes, electronic data, in whatever 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 refers 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. This shall not refer to the stage or status of the information.

(©) Public record refers to information required by law, executive orders, rules, or
regulations to be entered, kept and made publicly available by a government agency.

SEC. 5 . Access to Information. ~ Every person who is a Filipino citizen has a right to
and shall, on request, be given access to any record under the control of a government
agency. 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 a basis for
policy development, subject to the exceptions enumerated under Section 7 of this Act,
regardless of their physical form or format in which they are contained and by whom they
were made.

SEC. 6. Presumption. — There shall be a legal presumption in favor of access to
information. The request for information may be denied only if it clearly falls under the
exceptions provided under this Act.

SEC. 7. Exceptions. — Access to information shall be granted unless:

(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 security or defense and
its revelation may cause grave 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 the Philippines with
one or more states: 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 consists of records of minutes and advice given and 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 of the

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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;

(c) The information requested pertains to internal and/or extemal defense, law

enforcement, and border control, when the disclosure thereof would:

(® unduly compromise or interfere with any legitimate military or law
enforcement operation; or

(ii) unduly compromise or interfere with the prevention, detection or
suppression of criminal activity, the effective implementation of
immigration controls and border security; or

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

(ivylead 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 Jaw enforcement authority in the
course of an investigation or by an agency conducting a lawful national
security intelligence investigation. information furnished by a confidential

(v) disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement
investigations or prosecutions if such disclosure could reasonably be
expected to risk circumvention of the law; or

(vi) endanger the life or physical safety of any individual;

(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:

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

(f)

in executive session:

The information requested pertains to the personal information of a natural person
other than the requesting party, and its disclosure would clearly constitute an
unwarranted invasion of one’s 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 the public function or the person has consented in writing to the disclosure

of the information:

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(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, or obtained in confidence or covered by privileged communication, and 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:

(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 by law or the Constitution, in addition to
those provided in this section; and

(j) The information has already been made accessible as provided for in Section 10.
For paragraphs (c) to (j) 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 oF control of the information, or any responsible central or field officer/s duly
designated by him:

Provided, That:

_ The exceptions are strictly construed:

The exceptions are not used to cover-up a crime, wrongdoing, graft, or corruption;

3. Whenever the information covered by an exception may be reasonably severed from
a record, the record shall be released with the exempt information redacted, or the
information not covered by the exception shall otherwise be communicated to the
requesting party;

4. ‘The President, the Supreme Court, the Senate, the House of Representatives, and the
Constitutional Commissions may waive an exception with respect to information in
the custody of offices under their respective supervision or control, when they deem
that there is an overriding public interest in disclosure: and

5. 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.

SEC. 8. Mandatory Disclosure of Information. — (a) in fulfillment of Article Xi, Section
17 of the Constitution the following national officials shall provide to the public, through
the websites of their respective offices. their Statement of Assets, Liabilities, and Net
worth (SALN) on an annual basis:

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(1) the President;
(2) the Vice- President;

(3) the Members of the Cabinet;

(4) the Members of the Senate and the House of Representatives;

(5) the Justices of the Supreme Court;

(6) the Commissioners of the Constitutional Commissions and other
constitutional offices; and

(7) the officers of the Armed Forces with the rank of general or the equivalent
flag rank.

(b) All agencies of all branches of government shall publish on their websites and update
ona monthly basis, a register of the following:

(i) Freedom of Information Manual in full;

(ii) 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;

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;

(iv) Public interest documents or records, including:
(1) Annual Budget of Government Agencies
(2) Itemized Monthly Collections and Disbursement
(3) Summary of Income and Expenditures
(4) Component of the Internal Revenue Allotment (IRA) Utilization
(5) Annual Procurement Plan and Procurement List
(6) Items for Bidding
(7) Bid Results on Civil Works, and Goods and Services
(8) Abstract of Bids as Calculated

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(9) Procurement contracts entered into by a government agency

(10) Construction or concession agreements or contracts entered into by
‘a government agency with any domestic or foreign person or entit

(11) Private sector participation agreements or contracts in
infrastructure and development projects under Republic Act No. 6957
otherwise known as the Philippine BOT Law, as amended by Republic
Act No. 7718;

(12) Public funding extended to any private entity;

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

(14) List of persons or entities who were granted licenses, permits or
agreements for the extraction and/or utilization of natural resources given
by any government agency;

(15) Projects identified by legislators pursuant to any Congressional
allocations, including the Priority Development Assistance Fund, the
Financial Subsidy to Local Government Units, the Regular Congressional
Allocation for infrastructure projects under the Department 0 Public
Works and Highways, Congressional Insertions, and other similar
Congressional allocation modalities;

(16) Statement of Assets and Liabilities of the public officers of the
government agency; and

(17) Guarantees given by any government agency to government-
‘owned or -controlled corporations and to private corporations, persons or
entities.

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
(P50,000,000.00) shall be published in full on the website of the concerned government
agency or the Official Gazette Online subject to the succeeding section. A covered record
shall be enrolled in the register not later than 30 working days from its perfection or

issuance.

() All government agencies shall, over time, endeavor and build the capacity and
practice to publish in full all other contracts, agreements, or treaties covered under this
Section, specially those that are of the highest public interest by reason of the amounts

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involved and the impact of the transaction to the public, All government agencies must
ensure that they have a compliant website within two (2) years from the effectivity of this
Act.

(4) Should an agency lack the capacity to comply with the website publication
requirement of this Section, the agency shall initiate a capacity-building program,
coordinate with another appropriate agency, or use an alternative mechanism, to facilitate
substantive compliance not later than three (3) years from the effectivity of this Act.

SEC. 9. 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 Republic Act 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:

(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 fifieen (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 10
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 as to best practices in relation to information
disclosure, records maintenance and archiving.

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SEC. 10. Exemption From Compliance. — The government agency shall be 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 18 of this Act.

EC. 11. Additional 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;

(©) 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.

SEC. 12. Administrative Liability. — ‘The acts enumerated in this Section shall be
tantamount to gross neglect of duty and shall constitute grounds for administrative and
disciplinary sanction against any public official or employee who willfully and
knowingly commits the followin,

(a) Refusal to promptly forward the request under Section 16 of this Act 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) Failure to act on the request within the periods required by this Act;

(c) Claim an exception under Section 7 of this Act when the claim is manifestly devoid of
factual or legal basi

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

(e) Approval of 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.

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(a) Any public official or employee who falsely denies or
conceals the existence of information mandated for disclosure under this Act shall be
liable for the crime of removal, concealment or destruction of documents as defined
under Article 226 of the Revised Penal Code.

(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, shall be liable for the crime of removal, concealment or
destruction of documents as defined under Article 226 of the Revised Penal Code.

(c) Any private individual who knowingly induced or caused the commission of the
foregoing acts shall be liable as principal by inducement in the prosecution of public
officials or employees under this section.

SEC 14. Mere Denial 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 sanetion or criminal liability.

SEC. 15. Implementation Requirements. ~ (a) For the effective implementation of this
Act, all government agencies shall prepare a Freedom of Information Manual, setting

forth 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 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:

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(9) The schedule of service or processing fees pertinent to a request for
information;

(10) The process and procedure for the mandatory disclosure of information under
Section 7 of this Act; provided that, should the agency lack the capacity to
comply with Section 7 of this Act, a brief description of its plan to fa
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.

(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 which 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 set out in the Implementing Rules of this Act and shall be included in the Freedom of

Information Manual

SEC. 16. 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
disability, to make a written request for information may make an oral request instead.
The public officer who receives the oral request shall reduce it to writing, indicating
therein his or her 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 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 such request is contrary to
law. If the request is submitted personally. the requesting party shall show a current
identification document 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 public official receiving the request shall provide reasonable assistance. free of
charge, io enable all requesting parties and particularly those with special needs, to
comply with the requirements under this Section.

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(c) The request shall be duly received by the concemed government agency. which shall
forthwith indicate the date and time of receipt and the name, rank. title and position of the
receiving public officer or employee who shall likewise affix his or her signature thereon,
and shall furnish the requesting party a copy thereof. 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 by which the status of all requests for information received by it may be verified

at any time

(@) 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 concemed government
agency.

(e) A government agency may communicate the information requested in @ form other
than the preferred means whenever such preferred means would unreasonably interfere
with the effective operation of the agency, or if the agency has no capability in
communicating the information in the preferred format, or when the preferred format
may be detrimental to the preservation of the record.

(f) The goverment 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 pay the required access and processing fees.

(i) If the information is not held by the government agency from which the request was
made. it shall notify the requesting party that it does not hold the information and indicate
which agency holds the record, if known, Whenever practicable, the agency receiving the
request may also cause the transfer of the request to the appropfiate 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.

SEC. 17. Access and Processing Fees. ~ Government agencies may charge « reasonable
fee to reimburse the actual cost of reproduction, copying or transcription and the
communication 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

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SEC. 18. 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)
working 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 indicate the name,
rank, title or position of the person making the denial, 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. 19. Remedies in Cases of Denial. — (a) In all government agencies other than the
judicial branch—

(1) A denial of a request for access to information may be appealed to the Head of
Agency, following the procedure required under Section 15 (a) (8) of this Act: Provided,
That the appeal must be filed within fifteen (15) calendar days from the receipt of the
notice of denial and must be decided within fifteen (15) calendar days from filing, Failure
to resolve the appeal within the aforementioned period shall constitute a denial of the
appeal.

(2) A person denied access to information may file a verified complaint with the Office
of the Ombudsman, praying that the government agency concemed be directed to
immediately afford access to the information being requested. 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) A party whose request for information has been denied, whether or not such decision
has been appealed to the Head of the Agency, 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.

In resolving a complaint or petition brought under paragraphs (2) and (3) hereof,
the Ombudsman or the court is empowered to receive the information subject of a claim
of exception under Section 7 herein and examine them 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.

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

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The remedies under this section shall be sought or granted without prejudice to
any other administrative, civil or criminal action covering the same act.

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.

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 requesting party in
availing of the remedies provided under this Act

SEC. 20. Keeping of Records. ~ (a) Government agencies shall create and 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, decisions, resolutions, enactments, actions, procedures, operations,
and activities;

(b) Government agencies, in coordination with the National Archives of the Philippines,
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

(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;

) Records of government coniracts involving amounts Fifty Million or more, or
related to infrastructure, public and private partnerships, utilities, or other important
projects

(3) The original declaration under oath of the assets, liabilities and net worth of
public officers and employees submitted to the Office of the Ombudsman, 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 of

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2007, a records management program that includes the following:

(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 records
may be implemented only upon approval of the National Archives of the
Philippines; and

(3) Identification of the specific 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 Il 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 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) All 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;

(3) A database of all appointments and designations made by the President of the
Philippines; and

(4) Opinions of the Secretary of Justice.

SEC 21. 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 official 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;

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

SEC 22. 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 23. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall

remain valid and subsisting.

SEC 24. 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 or the Administrative Code of 1987 in
relation to Article 2 of Republic Act No. 386 or the Civil Code, 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 25. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Page 15 of 15


FACT SHEET

HOUSEBILLNO.___676&
(As Approved by the Committee)

AN ACT
TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION
HELD BY THE GOVERNMENT

Introduced by
Representatives Rodolfo G. Biazon, Marcelino “Marcy” R. Teodoro, Lorenzo R. Tafiada III, Karlo Alexei B.
Nograles, Juan Edgardo “Sonny” M. Angara, Teddy A. Casifi, Neri Javier Colmenares, Walden F. Bello,
Kaka J. Bag-ao, Pedro P_ Romuaildo, Sergio AF. Apostol, Rachel Marguerite 8. Del Mar, Winston T.
Castelo, Salvador H. Escudero II!, Rodolfo W. Antonino, Sherwin N. Tugna, Joseph Victor G. Ejercito, Ben P.
Evardone, Bernadette Herrera-Dy, Cinchone Cruz-Gonzales, Ma. Victoria R. ‘Sy-Alvarado and Jim Hataman-
Salliman

Committee Referral: COMMITTEE ON PUBLIC INFORMATION
Committee Chairperson: REP. BEN P. EVARDONE

OBJECTIVES:

+ To give flesh to the constitutional provisions on the right of the people to information on matters
of public concern, the mandate of the State to implement a policy of full public disclosure of all
its transactions involving public interest, and the protection of the privacy of the individual

* To provide the parameters and mechanisms for the citizens’ access to information in all
government offices

KEY PROVISIONS:

* Covers all government offices in the executive, legislative and judicial branches as well as the
Constitutional bodies of the Republic of the Philippines;

* Makes available for public scrutiny, copying and reproduction all information pertaining to
official acts, transactions or decisions, as well as government reseerch data used as basis for
Policy development;

* Exempts the following from pubiic access:

1. Information that is specifically authorized to be kept secret under guidelines established by an
executive order, and in fact properly classified pursuant thereto, provided that the information
directly relates to national security or defense and its revelation may cause grave damage to
the national security or internal and extemal defense of the State, or Information that 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 the Philippines with one or more states

2. Information that consists of records of minutes and advice given and opinions expressed during
decision-making or policy formulation, invoked by the Chief Executive to be privileged by
feason of the sensitivity of the subject matter or of the impairment of the Chief Executive's
deliberative process that would result from the disclosure thereof:


3. Information that pertains to internal and/or external defense, law enforcement, and border
control, when the disclosure thereof would:

unduly compromise or interfere with any legitimate military or law enforcement
operation, or

ji unduly compromise or interfere with the prevention, detection or suppression of
criminal activity, the effective implementation of immigration controls and border
security, or

ili, deprive a person of a right to a fair trial or an impartial adjudication, or

iv. 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 @ 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

v. disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to risk circumvention
of the law, or

vi. endanger the iife or physical safety of any individual;

4. Information that 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;

5. Information that is obtained by any committee of either House of Congress in executive
session;

6. Information that pertains to the personal information of a natural person other than the
Tequesting party, and its disclosure would clearly 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 or her public function or the person
has consented in writing to the disclosure of the information;

7. Information that 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 e government agency, whenever the
revelation thereof would seriously prejudice the interests of such natural or juridical person in
trade, industrial, financial or commercial competition;

8. Information that is classified as privileged communications in legal proceedings by law or by
the Rules of Court

9. Information that is exempted by law or the Constitution, in addition to those provided in this
section;

10. Information that has already been made accessible as provided for in Section 10.


Ensures that

1
2.
3.

The exceptions are strictly construed;
The exceptions are not used to cover up a crime, wrongdoing, graft or corruption;
Whenever the information covered by an exception may be reasonably severed from a
record, the record shall be released with the exempt information redacted, or the
information not covered by the exception shall otherwise be communicated to the
requester;

The President, the Justices of the Supreme Court, the members of the Senate and the
House of Representatives, and the Commissioners of the Constitutional Commissions
may waive an exception with respect to information in the custody of offices under their
respective supervision or control, when they deem that there is an overriding public
interest in disclosure; and

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

* Requires the following national officials to publish their Statement of Assets, Liabilities and Net
Worth (SALN) on their official websites:

®PARON=

7.

the President:

the Vice- President;

the Members of the Cabinet;

the Members of the Senate and the House of Representatives;

the Justices of the Supreme Court;

the Commissioners of the Constitutional Commissions and other constitutional offices;
and

the officers of the Armed Forces with the rank of general or the equivalent flag rank.

Requires all agencies of all branches of government to publish on their websites, a register of
the following:

4
2

3.
4.

Freedom of information Manual in full;
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;

Substantive rules of general applicability and statements of general policy, including
‘subsequent amendments;

Public interest documents or records

‘Affords full protection of the right to privacy of individuals by requiring government agencies to
protect personal information in their custody and disclose the same only as permitted under the

Act

Prohibits the destruction of certain records or information

Establishes the procedure for access of information by requiring any person who wishes to
obtain information to submit a request to the government agency concerned stating the name
and preferred contact information, and reasonably describing the information requested, the
reason for the request and the preferred means by which the government agency will
communicate the information to the requesting party


‘* Provides remedies to the requesting party in case of denial

*  Imposes administrative and/or criminal liabilities upon any public official or employee who shall
violate the provisions of the Act

RELATED LAWS:

+ Implementing Rules and Regulations of Republic Act No. 6713 or the Code of Conduct and
Ethical Standards for Public Officials and Employees

* Memorandum Circular No. 78 dated 14 August 1964 - Promulgating Rules Governing Security

of Classified Matter in Government Offices, as amended

Republic Act No. 9485 or the Anti-Red Tape Act of 2007

Republic Act No. 9470 or the National Archives of the Philippines Act

Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004

Republic Act No. 6957 as amended by RA 7718, or the Philippine BOT Law

Article 226 af the Revised Penal Code

Book VII, Chapter Il of the Administrative Code of 1987

Article Il of the Civil Code

As of Dec. 11, 2012