Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 2 59

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

EXPLANATORY NOTE

This bill seeks to put in place the enabling law necessary to implement
the Constitutional provision: “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.” (Article II, Section 7).

Provisions include a clear mandate for promoting a clear transparency
and accountability in government; a convenient procedure to facilitate
access to information; remedies available for denial of access;
administrative, civil and criminal penalties for violation thereof, among
others. Access to public records means access to evidence vital to proving
public officials accountable for wrongdoing. But more than that, it serves as
a great deterrent to wrongdoing.

This same measure was already approved on third and final reading
by both the House and the Senate and further approved by the Bicameral
Conference Committee constituted by both chambers to harmonize their
both version in the last 14% Congress. Unfortunately, however, while the
subject Conference Committee Report was ratified by the Senate, the same
could not be ratified by this House due to lack of quorum of the last session
day of the 14% Congress. This was refiled by this representation during the
15% Congress and was refilled by my father, the late Raul V. Del Mar during
the 16th, 17% and 18% Congresses. Hence, refiling of this bill with the
earnest hope that approval of the same be given the highest priority it
deserves.

RACHEL i DEL MAR


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 253

Introduced by: REP. RACHEL MARGUERITE “CUTIE” DEL MAR

AN ACT
STRENGTHENING THE PEOPLE’S RIGHT TO INFORMATION

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

I. GENERAL PROVISIONS

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 a policy of full
public disclosure of all its transactions involving public interest, subject to
the procedures and limitations provided by law.

Every citizen shall be afforded access to official records, documents and
papers pertaining to official acts, transactions or decisions, and government
research data used as basis for policy development, subject to such
limitations provided under this Act.

This Act shall uphold and strengthen the right to information with due

regard to the full protection of the right to privacy of individuals.
SEC. 3. Coverage. - This Act covers all government agencies in the
executive, legislative, and judicial branches including departments, bureaus,

offices, agencies and instrumentalities of the national government,


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Constitutional Commissions and constitutionally mandated bodies; local
government units 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 and the
Philippine National Police; all offices in the Congress of the Philippines,
including the offices of Senators and Representatives; and the Supreme
Court and all lower courts established by law.

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

a) Dataset refers to an organized collection of data or information in
a variety of forms including tabular, geo-spatial or image data files;

b) Freedom of Information (FOI) request refers to a request made in
accordance with the provisions of this Act;

ce) FOI Website refers to the website with address www.foi.gov.ph
that shall serve as the government’s comprehensive FOI website for all
information on the FOI. It shall be the central resource for the public to:
understand the FOI law, search data and records inventories of agencies,
make a request for information that is not yet publicly available, track all FOI
requests made by other citizens, and monitor agency performance in terms of
FOI. The FOI website shall also be a platform for all government agencies to
facilitate and address all FOI requests of the public;

4) 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 and research material in whatever form,
or films, audio and video recordings, magnetic or other tapes and electronic
data, in whatever format, which are made, received, and under the control
and custody of any government agency pursuant to law, executive order,
rules and regulations, ordinance, or are in its possession in connection with
the performance of its official duty or transaction;

e) Machine-readable refers to formats that allow data to be
extracted and processed by computer programs;

r Official record refers to information generated or received by a

public officer or employee or by a government agency in an official capacity or

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pursuant to a public function or duty, but does not include the current
status of the information;

h) Open Data Philippines Website (www.data.gov.ph) refers to the
official website containing all government data generated by agencies in the
implementation of agency mandates, programs, activities, and projects. The
website shall be the central repository of all searchable, understandable, and
accessible government data;

g) Open format refers to information that is platform-independent,
machine-readable, and made available to the public without restrictions that
impede its reuse;

i) Personal information refers to any information, whether or not
recorded in a material form, which reveals or describes the identity of an
individual or from which such identity can be reasonably and directly
ascertained by the entity handling the information, or when put together with
other information, would directly and certainly identify an individual. It
includes signatures, addresses, telephone numbers, identification numbers,
names of family members, race or ethnicity, religion, health, education,
sexual orientation, and other similar information;

j) 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; and

k) Public service contractor refers to a private entity, domestic or
foreign, that transacts or deals with the government or government agency or
office that utilizes public funds, to provide any form of service or goods for the

official use of such government agency or office.
Il. DUTY TO DISCLOSE

SEC. 5. Mandatory Disclosure of Information. — a) Constitutionally-
Mandated Disclosure of Statement of Assets, Liabilities and Net Worth (SALN)~
Pursuant to the mandate of Section 17, Article XI of the Constitution, the
following public officials and employees shall make their annual SALN


declaration available and accessible in the official website of their respective

offices:
My
2)
3)
4)
5)
6)

President;

Vice-President;
Members of the Cabinet;

Members of Congress;

Justices of Supreme Court;

Members of Constitutional Commissions and other

constitutional offices; and

7) Officers of the Armed Forces of the Philippines with general
or flag rank.
b) Disclosure of information in agency websites — All agencies and

branches of the government shall publish in their websites and update on a

monthly basis the following information in full:

q)
2)

Freedom of Information Manual;

Rules of procedure, description of forms available, the

places at which forms may be obtained, and instructions as to the

scope and contents of all papers, reports, or examinations;

3)

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;

4)

Public documents or records including:

i)
ii)
iii)
iv)
vy)

vi)

vii)

viii)

Annual budget of government agencies;

Itemized monthly collections and disbursement;
Summary of income and expenditures;

Annual procurement plan and procurement list;
Items for bidding;

Bid results on civil works, and goods and services
projects;

Abstract of bids as calculated;

Procurement contracts entered into by the

government agency;


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ix)

x)

xi)
xii)

xiv)

xv)

Construction or concession agreements or contracts
entered into by the government agency with any
public service contractor or domestic or foreign
person or entity;

Private sector participation agreements or contracts
in infrastructure and development projects under
Republic Act No. 6957, otherwise known as “An Act
Authorizing the Financing, Construction, Operation
and Maintenance of Infrastructure Projects by the
Private Sector and for Other Purposes” as amended by
Republic Act No. 7718, otherwise known as the
“Build Operate and Transfer Law,” authorizing the
financing, construction, operation, and maintenance
of infrastructure projects and such amendatory law
thereto;

Public funding extended to any private entity;
Licenses, permits, or agreements granted by any
government agency for the extraction or utilization of
natural resources, as well as the list of persons or
entities who were granted the same;

An updated plantilla of positions including unfilled
positions in the public office or agency, and the
qualifications and requirements for each unfilled
position;

Compromise agreements entered into by the
government agency with any person or entity;

Work programs, development plans, investment
plans, projects, performance targets, and
accomplishments;

Audited financial statements, annual budgets,

revenue allotments and expenditures;


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

xviii) Utilization of the Internal Revenue Allotment (IRA),
Special Education Fund, Local Disaster Risk
Reduction Management Fund, Local Development
Fund, and other local government unit (LGU) funds;

xix) Bilateral or multilateral agreements and treaties in
trade, economic partnerships, _ investments,
cooperation and similar binding commitments; and

xx) Loans from domestic and foreign _ financial
institutions, loans and grants for development
assistance, technical assistance, utilization of all
form of donations for calamity-stricken areas and
programs entered into by a government agency with
official bilateral or multi-lateral agencies, as well as
with private aid agencies or institutions.

All government agencies shall ensure that their websites comply with
the provisions of this Act within two (2) years from its effectivity.

In case an agency lacks 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 two
(2) years from the effectivity of this Act.

SEC. 6. Promotion of Openness in Government. - a) Duty to
Publish Information - Every government agency shall regularly publish, print,
and disseminate in an accessible form through its website and at no cost to
the public, the true, accurate, and updated key information including the
following:

1) description of its mandate, structure, powers, functions,
duties, and decision-making processes;
2) description of the frontline services it delivers and the

procedure and length of time by which they may be availed of;


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3) the names of its key officials, their powers, functions, and
responsibilities, their profiles and curriculum vitae;

4) work programs, development plans, investment plans,
projects, performance targets and accomplishments, budgets, revenue
allotments, and expenditures;

5) important rules and regulations, orders, or decisions:
Provided, That the same shall be published within fifteen (15) calendar
days from promulgation;

6) datasets generated in the implementation of agency
mandates, programs, activities, and projects such as statistics, figures,
and geospatial data;

7) current and important database and statistics that the
database generates;

8) _ bidding processes and requirements; and

9) mechanisms or procedures by which the public may
participate in or otherwise influence the formulation of policy or the
exercise of its powers.

b) — Accessi of Language and Form ~ Every government agency
shall endeavor to translate key information into Filipino and the regional

languages, and present them in popular form and means.

SEC. 7. Publication of Government Data in the Open Data
Philippines Website. - For purposes of enhancing the public's access to
government information and abiding by the international commitments of the
Philippines to transparency and government openness, all government
agencies shall publish in the Open Data Philippines website, datasets
generated in the implementation of agency mandates, programs, activities,
and projects. These datasets shall be updated, whenever permissible, at least
‘once in every quarter of every year, and shall be, whenever practicable, in a
machine-readable and open format.

The Open Data Philippines website shall be maintained and
administered by an Open Data Task Force under the Office of the President,
or any such similar body designated by the President of the Philippines for
this purpose.


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Ml. THE RIGHT TO INFORMATION

A. Access to Information

SEC. 8. Access to Information. - Every Filipino citizen has a right to
and shall, upon request, be given access to any record under the control of a
government agency. Government agencies and public officials have the duty
to disclose and make available 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 10 of this Act, regardless of the physical form or format in which they
are contained and by whom they were made.

Except as provided in this Act, actions, transactions, or records of
private individuals and public officials in their private capacity shall not be
the subject of mandatory disclosure under this Act: Provided, That the SALN
of public officials shall be released in accordance with Section 8 of Republic
Act No. 6713, otherwise known as the “Code of Conduct and Ethical
Standards for Public Officials and Employees.”

SEC. 9. Presumption in Favor of Access to Information. - 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 Section 10 of this Act. Government agencies shall have the
burden of proving that the information requested is exempted from disclosure.

SEC. 10, 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 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, and its revelation shall unduly weaken


wos

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, That sufficient
information is disclosed to afford reasonable public participation and
government decision-making on bilateral and multilateral agreements:
Provided, further, That the executive order shall specify the reasonable
period after which the information shall be automatically declassified or
be subject to mandatory declassification review after six (6) years, and
that any reasonable doubt as to classification and declassification shall
be settled in favor of the right to information: Provided, finally, That all
classified information contained in all government agency records that:
(1) are more than twenty-five (25) years old, and (2) have been
determined to have historical value shall be automatically declassified
whether or not the records have been reviewed. Subsequently, all
classified information in such records shall be automatically
declassified no longer than twenty-five (25) years from the date of its
original classification.

b) the information discloses investigatory records compiled for law

enforcement purposes or information which are contained in such records,
but only to the extent that the production of such records or information will:

1) reasonably be expected to interfere with enforcement
proceedings;

2) deprive a person of the right to a fair trial or an impartial
adjudication;

3) reasonably be expected to constitute an unwarranted
invasion of privacy;

4) the information is furnished by a confidential source and
in the case of a record compiled by a criminal law enforcement
authority in the course of a criminal investigation, or by an agency
conducting a lawful national security intelligence investigation,
confidential information is furnished only by the confidential source;

5) unjustifiably disclose investigative or prosecutorial

techniques and procedures; or


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6) reasonably be expected to endanger the life or physical
safety of any individual;

c) the information pertains to a testimony, report, document, or
discussion obtained during an executive session of the Congress of the
Philippines or any of its Committees;

d) the information pertains to the personal information of a natural
person, whether from the public or the private sector, and its disclosure
constitutes an unwarranted invasion of personal privacy, unless such
information is specifically required by law to be entered into an official record
and made available to the public, or the person has consented in writing to
the disclosure of the information. To the extent required to prevent an
unwarranted invasion of personal privacy, an agency may redact such
information from a record made available to the public. The justification for
the redaction shall be explained fully in writing, and the extent of such
redaction shall be indicated on the portion of the record which is made
available or published;

e) the information pertains to trade secrets, commercial or
financial information, or intellectual property obtained from a natural or
juridical person other than the requesting party, and the revelation thereof
will seriously prejudice the interests of such natural or juridical person in
trade, industrial, financial, or commercial competition;

f) the information is classified as privileged communications in
legal proceedings by law or by the Rules of Court, unless the person entitled
to the privilege has waived it;

2) the information is exempted from disclosure by the Constitution
or law; and

h) when prematurely disclosed, the information would, in case of a
government agency that regulates financial institutions and the financial
markets that they deal in, such as commodities, interest rates, and security
markets, likely lead to fraud, manipulation, or other unlawful acts or
schemes involving financial instruments, or, in the case of other government

agencies, likely impede the effective implementation of a proposed official

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action: Provided, That the information shall be accessible once the
anticipated danger has ceased.

For paragraphs (b) to (h) of this Section, the determination of whether
any of these grounds 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 duly designated by the head of office:
Provided, That with regard to collegial bodies, boards, commissions, or other
courts, the chairperson or presiding officer or member is deemed the head of
office for purposes of this provision.

SEC. 11. Qualifications to the Exceptions. - The exceptions in the
preceding section shall be strictly construed and may not be invoked 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
requesting party.

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.

SEC. 12, 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, or unless the information has already been made available
in the website: Provided, That the government agency, in denying the request,
shall comply with Section 16 of this Act.

SEC. 13. Additional Protection of Privacy. - While providing for
access to information in public records, the right to privacy of individuals
shall at all times be protected in the following manner:

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a) A government agency shall ensure that personal information in
its custody or under its control is disclosed only as permitted under this Act;

b) A government agency shall 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;

c) A director, officer or employee of a government agency who has
access, whether authorized or unauthorized, to personal information in the
custody of the agency, shall not disclose that information except as
authorized under this Act.

B. Procedure of Access

SEC. 14. Procedure of Access. - The following procedure shall
govern the filing and processing of a request for access to information:

a) Any person who requests access to information shall submit an
FOI request to the government office concerned. The request shall state the
name and contact information of the requesting party, provide valid proof of
the identification of the requesting party, reasonably describe the information
requested and the reason for, or purpose of, the request for information:
Provided, That no request shall be denied or refused acceptance unless the
reason for the request is contrary to law or existing rules and regulations or
the information requested is provided under Section 10 of this Act. The public
official receiving the request shall provide reasonable assistance to enable all
requesting parties, particularly those with special needs, to comply with the
necessary requirements under this section;

b) The receiving government office shall indicate on the request the
date and time of receipt, and the name, rank, title, and position of the
receiving public officer or employee who shall correspondingly sign the
request. A copy of the request shall be furnished to the requesting party.
Each government office shall establish a tracking system to monitor the
status of all requests for information received by it;

c) Unless an earlier period is provided under existing laws, the
government office shall respond to a request that is fully compliant with
requirements of sub-section (a) hereof as soon as practicable, but not

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exceeding fifteen (15) working days from receipt of the request. The agency’s
response may either be to grant or deny access to the information requested;
and

d) The period to respond may be extended whenever the information
requested requires extensive search of the government office’s records
facilities, examination of voluminous records, the occurrence of fortuitous
events or other analogous cases. The government office shall notify the
person making the request of the extension, setting forth the reasons for
such extension. In no case shall the extension go beyond twenty (20) working
days unless exceptional circumstances warrant a longer period.

Once a decision is made to grant the request, the requesting party shall
be notified of such decision and directed to pay a reasonable fee.

The same procedure applies when requesting through the FOI website,
except that the requesting party shall file the FOI request at www.foi.gov.ph.

SEC. 15. Access and Processing Fees. - Government offices shall
not charge any fee for accepting requests for access to information. They may,
however, charge a reasonable fee to reimburse necessary costs, including
actual costs of reproduction and copying of the information requested,
subject to existing rules and regulations. In no case shall the applicable fees
be so onerous as to defeat the purpose of this Act.

SEC. 16. Notice of Denial. - If the government office 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 requesting party of the denial in writing. The notice shall clearly state the
ground or grounds for denial and the circumstances on which the denial is
based.

SEC. 17. Remedies in Cases of Denial. - a) In all government
agencies other than the Judicial Branch:

1) The requesting party shall be informed in writing of the
decision within fifteen (15) working days from the receipt of the request.
Denial of any request for access to information may be appealed to the
person or office next higher in authority following the procedure
provided in the FOI Manual as required in Section 25, paragraph (h) of

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this Act: Provided, That the written appeal must be filed by the same

person making the request within fifteen (15) calendar days from the

notice of denial, or from the lapse of the period to respond to the
request;

2) ‘The appeal shall be decided by the person or office next
higher in authority within thirty (30) working days from the filing of
said written appeal. If the appeal is granted, the requested information
shall be released within fifteen working days to the requesting party
from the date of the decision. Failure to decide within the period shall
be deemed an approval and will always be considered in favor of access
unless prohibited due to exceptions. Denial should also be in writing;
and

3) Upon the denial of the appeal, the requesting party may file
the appropriate case in the proper courts in accordance with the Rules
of Court.

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

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

In case the requesting party has limited or no financial capacity, the
Public Attorney's Office is mandated to provide legal assistance to the
requesting party in availing of the remedies provided under this Act.

IV. LIABILITIES AND PENALTIES
SEC. 18. Administrative Liability. - Depending on the gravity and
repetition of the act, the following acts shall be tantamount to neglect of duty,
refusal to perform official duty, or some other appropriate charge under
existing rules of the Civil Service Commission, and shall constitute grounds
for administrative and disciplinary sanction against any public official or
employee:

a) __ refusal to promptly forward the FOI request, pursuant to Section

14 herein, to the public officer within the same office or agency responsible


a)

aa

for officially acting on the request when such is the direct cause of the failure

to disclose the information within the periods required under this Act;

b) failure to act on the request within the periods required under
this Act;
c) claim of an exception under Section 10 of this Act when the claim

is manifestly devoid of factual or legal basis;

d) refusal to comply with the decision of an immediate supervisor or
of any court ordering the release of information; and

) 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.

SEC. 19. Criminal Liability. - a) The commission of the following acts
by a public officer or employee shall be subject to the penalty of
imprisonment of not less than one (1) month, but not more than six (6)
months, with the accessory penalty of dismissal from the service:

1) falsely denying or concealing the existence of information
mandated for disclosure under this Act, and

2) destroying, or causing to be destroyed, information or
documents being requested under this Act for the purpose of
frustrating the requesting party’s access thereto.

b) Any private individual who knowingly induces or causes 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. 20. Denial in Good Faith Not a Ground for Liability. - A
denial in good faith of a request for access to information made pursuant to
the provisions of this Act shall not constitute a ground for administrative or
criminal liability.

SEC. 21. 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.

V. ADMINISTRATIVE DUTIES OF AGENCIES


Sowmrxrauneun

SEC. 22. One-Stop Shop. - Each government office is mandated to
have a one-stop shop for the services made available by this Act.

SEC. 23. Release to One, Release to All. - For purposes of
streamlining requests for information, an information that has been made
available to an individual through a request for information shall also be
published in an appropriate website such as the FOI website, the Open Data
Philippines website, Official Gazette Online, departmental website, or local
government website, thus allowing the public access to all information that
has been requested.

SEC. 24. Tracking of Requests for Information. - Websites of
government agencies shall contain a matrix of requests made, their status,
and the decision regarding the request. The matrix shall also contain links to
uploaded information from approved requests. In such cases where requests
are denied, the matrix shall contain the reasons for denial and the status of
the appeal if such is made.

SEC. 25. Freedom of Information Manual. - For the effective
implementation of this Act, all government agencies shall prepare an FOI
Manual, setting forth the following:

a) the location and contact information of the central, regional,
provincial and field office of the agency, and such other established place
where the public can obtain information or submit requests;

b) the types of information it generates, holds, or publishes;

c) a description of its record-keeping system;

d) the person or office responsible for receiving requests for
information;

e) the procedure for the filing of requests personally, by mail or
through the identified electronic means;

f) the standard forms for the submission of requests and for the
proper acknowledgement of requests;

g) the process for the disposition of requests, including the routing
of requests to the persons or offices with the duty to act on the same and the

decision-making processes for the grant or denial of requests;


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h) the procedure for the administrative appeal of any denial for
access to information;

i) the schedule of service or processing fees pertinent to requests
for information;

ij) the process and procedure for the mandatory disclosure of
information under Section 6 of this Act: Provided, That, should the agency
lack the capacity to comply with Section 6 of this Act, a brief description of its
plan to facilitate compliance within three (3) years from the approval of this
Act; and

k) such other information that will help facilitate the effective
implementation of this Act, taking into consideration the unique
characteristics of the agency.

The FOI Manual shall also be posted in the agency website and a hard
copy shall be available at the agency reception area for use by the public.

In no case, however, shall the absence of the aforementioned FOI
Manual be a reason for the denial of any request for information made in
accordance with this Act.

‘The head 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 included in the FOI Manual.

SEC. 26. Records Management. - Subject to existing laws, rules, and
regulations, government offices shall create and maintain an accurate and
complete record of important information in appropriate formats, and
implement a records management system that facilitates easy identification,
retrieval and communication of information to the public.

SEC. 27. Annual Reports on Actions Taken on Requests for
Access to Information. - All government agencies shall prepare, for each
fiscal year, a report on the number of requests for information received,
processed, granted and denied; of appeals made from denials of such
requests; and of pending court actions they are a party to as a result of such
requests. These reports may be integrated in the main annual reports of

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government agencies and may be posted and published in their respective
websites.
VI. MISCELLANEOUS PROVISIONS

SEC. 28. Capacity-Building and Role of the Department of
Information and Communications Technology (DICT). - Every government
agency shall ensure the provision of adequate training for its officials and
employees to improve awareness of the people’s right to information on
matters of public concern and the provisions of this Act. Similarly, every
government agency shall endeavor to study and adopt best practices in
relation to information disclosure, records maintenance, and archiving.

The DICT shall monitor all government agency websites for compliance
with Section 5 of this Act and render the appropriate technical support to
government agencies to enable their compliance.

In the performance of its monitoring and support function of
government websites and portals, the DICT shall endeavor to continuously
develop, improve, and update its information technology system taking into
consideration usability and practical accessibility of government documents
by the public.

The DICT shall set the standards for the file formats and the system of
archival and preservation of information to be used by all government
agencies in the implementation of this Act.

SEC. 29. Integration of Freedom of Information and Good
Governance in Elementary and Secondary Curricula. - To ensure well-
informed generations of citizens, the right to information, the principles of
accountability and transparency, democracy and leadership, and good
governance shall be integrated in such subjects as “Heyograpiya, Kasaysayan
at Sibika (HEKASI)” and “Araling Panlipunan” in the elementary level and in
such subjects as Social Studies and “Makabayan” or its equivalent subjects
in the high school level. The Department of Education, in coordination with
the Civil Service Commission and other relevant offices, shall prepare the
necessary modules and teaching programs consistent with the objectives of
this Act.


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SEC. 30. Congressional Oversight Committee. - There is hereby
created a Congressional Oversight Committee which shall be composed of six
(6) members from the Senate and six (6) members from the House of
Representatives with the Chairpersons of the Committee on Public
Information and Media of the Senate and the Committee on Public
Information of the House of Representatives as joint Chairpersons of this
Committee. The five (5) other members from each chamber are to be
designated by the Senate President and the Speaker of the House of
Representatives, respectively. The minority shall be entitled to pro rata
representation but shall have at least two (2) representatives from each
chamber.

SEC. 31. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against the agencies’ current budget
and shall thereafter be included in the annual General Appropriations Act.

SEC. 32.  Separability Clause. - If any provision of this Act is
declared unconstitutional, the remainder of this Act or any provisions not
affected thereby shall remain in full force and effect.

SEC. 33. Repealing Clause. - Section 3, Rule IV of the Rules
Implementing Republic Act No. 6713, otherwise known as the “Code of
Conduct and Ethical Standards for Public Officials and Employees,” is hereby
repealed. Memorandum Circular No. 78, dated 14 August 1964, otherwise
known as “Promulgating Rules Governing Security of Classified Matter in
Government Offices” shall be deemed amended one (1) year after the effectivity
of this Act. All other laws, decrees, executive orders, rules and regulations,
issuances, memorandum circulars or any part thereof inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.

SEC. 34. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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