Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3004

House Bill No.

Introduced by: Hon. Gus S. Tambunting

EXPLANATORY NOTE

“Public office is a public trust.” This is the very principle declared in our Constitution that
should embody each public officer and each government employee. As public servants, we are
entrusted with power but endowed with the responsibility to be accountable at all times to the
people whom we owe our very title and position. Further, as a State Principle, it is with the
people whom our sovereignty resides and thus all government authority emanates from them.
Clearly, the people are our boss — and we are answerable to them.

Pursuant to these, the right of the people to information held by government should not
only be recognized but should be accessible through the adoption and implementation of a
policy of full public disclosure of all its transactions. The people's access to information held by
government is necessary in the exercise of the people's right to effective and reasonable
Participation at all levels of decision-making affecting our nation.

‘The latest scandal that has shaken our nation pushed the people back to the streets and
cried their sentiment, anger and unprecedented opinion against our institution. Indeed, the
pork-barrel scam calls upon us legislators to respond to the apprehension of the people in the
proper disbursement of public funds through a transparent mechanism. Hence, enabling the
people to exercise their right to information will assure a vigilant public against unscrupulous
government officials from committing atrocity against integrity of our nation. Moreover, this
will stand as a staunch reminder to all government officials and employees of their duty to the
people as well as the obligation to always act to the benefit of the people.

Thus, bill has long been overdue and now it passage into law.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

004

House Bill No.

Introduced by: Hon. Gus S. Tambunting

AN ACT TO STRENGTHEN THE PEOPLE'S RIGHT TO INFORMATION.

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 "People's Freedom of information Act of
2013"

SECTION 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 meant to enhance the significant and widening role of the citizenry in
governmental decision-making as well as in checking abuse in government.

Public officials and employees, in the performance of their duties under this Act, as well as
citizens in the exercise of their rights under this Act, shall act with justice, give everyone his or
her due, and observe honesty and good faith. Public officials and employees as well as citizens
hall endeavor to handle information kept or obtained under this Act with due care, to the end
that inaccuracies and distortions are avoided.

SECTION 3. Coverage. - This Act shall cover all government agencies, Government agency or
agencies shall include the executive, legislative and judicial branches as well as constitutional
bodies of the Republic of the Philippines including but not limited to the national government
10 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, Public service contractors or any
other entity shall make their records available to the public insofar as they are related to any


contract or transactions that they have with the government or government agencies,
Provided, that such contracts or transactions are of the highest public interest by reason of the
amounts involved and the impact of the transaction to the public.

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

(a) "Information" shall mean any record, document, paper, report, letter, contract, minutes,
transcript, map, book, photograph, film, sound and video recording, magnetic or other tape,
electronic data, computer stored data, or any other like or similar material recorded, stored or
archived in whatever form or format, which: (i) are made or received by, or kept under the
control or 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 or official; (ii) are part of official or public records in the
custody of government agencies or officials; (iii) record, evidence, establish, confirm, support,
justify, or explain official acts, transactions or decisions of government agencies or officials; or
(iv) are part of research data, whether raw, collated or processed, in the custody of the
government and used in formulating government policies;

(b) "Government agency" shall include the executive, legislative and judicial branches as well as.
the constitutional bodies of the Republic of the Philippines including, but not limited to, the
national government and all its agencies, departments, bureaus, offices and instrumentalities,
constitutional commissions and constitutionally mandated bodies, local governments and all
their agencies, regulatory agencies, chartered institutions, government-owned or controlled
corporations, including wholly-owned or controlled subsidiaries, government financial
institutions, state universities and colleges, the Armed Forces of the Philippines, the Philippine
National Police, all offices in the Congress of the Philippines including the offices of Senators
and Representatives, the Supreme Court and all lower courts by law.

(c) "Official record/s" 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.

(d) "Public record/s" includes information required by law, executive orders, rules, or
regulations to be entered, kept and made publicly available by a government agency.

SECTION 5. Access to Information. - Every person who is a Filipino citizen has a right to and
shall, on request, be given access to any information under the control of a government agency,
regardless of the physical form or format in which these are contained, subject only to the
exceptions enumerated under section 7 of this Act.

SECTION 6. Presumption. - There shall be a legal presumption in favor of access to information.
Accordingly, government agencies shall have the burden of proving that the information
requested is exempted from disclosure by this Act.


SECTION 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 will cause serious
damage to the national security or internal and/or external defense of the State; or (2) The
information requested pertains to the foreign affairs of the Republic of the Philippines, when its
revelation will unduly weaken the negotiating position of the government in an ongoing or
proposed 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 in government decision-making on bilateral and
multilateral agreements. The Executive Order shall specify the reasonable period after which
the information shall be automatically declassified or be subject to mandatory declassification
review. Any reasonable doubt as to classification and dectassification shall be settled in favor of
the right to information.

(b) The information consists of minutes or records of advice given or of opinions expressed
during decision-making or policy formulation, invoked by the Chief Executive to be privileged by
reason of the impairment of the Chief Executive's presidential communications privilege that
would result from the disclosure thereof: Provided, that an Executive Order shall be issued
specifying the reasonable period after which information invoked to be privileged under this
paragraph shall be made accessible to the public.

(c) The information requested pertains to internal and/or external defense and law
enforcement, when the disclosure thereof would:
(i) Compromise or interfere with any legitimate military or law enforcement operation;
(ii) Compromise or interfere with the prevention, detection or suppression of criminal
activity or the effective implementation of immigration controls and border security;
(lil) Disclose the identity of a confidential source, including a government, foreign
agency or authority, or private institution which furnished information on a confidential
basis, or, in the case of information compiled by a law enforcement authority in the
course of an investigation or by an agency conducting a lawful national security
intelligence investigation, disclose the information furnished by a confidential source;
(iv) Disclose techniques and procedures for law enforcement investigations or
prosecutions, or guidelines for law enforcement investigations or prosecutions, if such
disclosure could reasonably be expected to risk circumvention of the law; or
(v) Endanger the life or physical safety of any individual.

(d) The information requested consists of drafts of orders, resolutions, or decisions by any
executive, administrative, regulatory, constitutional, judicial or quasi-judicial body in the
exercise of their adjudicatory function, the revelation of which would impair the impartiality of
verdicts, or otherwise obstruct the administration of justice.


(e) The information requested is obtained by either House of Congress, or any committee
thereof, in executive session whenever the information falls under any of the exceptions
provided in this section.

(f) 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 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.

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

{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.

j) The information is of a nature that its premature disclosure would seriously undermine the
effectiveness of an intended action by a government agency: Provided, that the information
shall be accessible once the anticipated danger has ceased.

(k) The information is requested by a person whose request for an identical or substantially
similar information has recently been complied with, and no meritorious reason is given to
justify a repeat of the request: Provided, that this exception applies exclusively to the person
making the repeated request. Provided, that:
(1) The exceptions set forth in this section shall be strictly construed;
(2) Exceptions cannot be invoked 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 part not covered by the exception shall be disclosed to the requester;
(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 a compelling or overriding public interest in disclosure; and
(5) In the exercise of the judicial power to interpret the Constitution, the exceptions set
forth in this section may be overcome if the requester is able to prove before a court of
competent jurisdiction that there is a compelling public interest or need that outweighs
the interest in keeping the information secret or confidential.


For letters ( c) to (k) of this section, the determination whether any of these grounds shall apply
shall be the responsibility of the head of office of the government agency in custody or control
of the information, or of a responsible central or field officer duly designated by him.

SECTION 8. Keeping of Records. - (a) Government agencies shall create and/or maintain in
appropriate formats, accurate and reasonably complete documentation or official records of
their organization, policies, transactions, decisions, resolutions, enactments, actions,
procedures, operations, activities, communications and documents received or filed with them
and data generated or collected. These shall include working documents such as drafts or
notes, whenever these have been circulated within the agency for official purpose such as for
discussion, comment or approval or when these contain unique information that can
substantially contribute to a proper understanding of the agency organization, policies,
transactions, decisions, resolutions, enactments, actions, procedures, operations, and
activities.

(b) Government agencies shall identify specific and classes of information in their custody or
control that have continuing historical, administrative, informational, legal, evidentiary, or
research value for preservation by such agencies, or for transfer to the National Archives of the
Philippines. In addition, the National Archives of the Philippines shall likewise identify specific
and classes of information that it shall require agencies to preserve and transfer to it.

(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 of loans obtained or guaranteed by the government;
(2) Records of government contracts; and
(3) The declaration under oath of the assets, liabilities and net worth of public officers
and employees, as required by law

(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 2007, a records
management program that includes the following:

(1) A records maintenance system for the creation, selection, classification, indexing
and filing of information that facilitates the easy identification, retrieval and
communication of information to the public; and

(2)

(2) A records maintenance, archival and disposition schedule providing a listing of

information under current use, for retention by the agency, for transfer to the National

Archives, or for destruction: Provided, that destruction of information may be

implemented only upon approval of the National Archives of the Philippines.

(e) In addition to its function as repository of all rules and regulations issued by agencies as
provided under Book Vil, 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 the same in print in Official Gazette or in digital or
online form, the following:
(21) 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.

SECTION 9. 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 may make an oral request, and the public official who receives the oral request
shall reduce it to writing and give a copy thereof to the person who made the request.

The request shall state the name and contact information of the requesting party, a reasonable
description of the information requested, and the reason for the request: Provided, that the
stated reason cannot be used as a ground to deny the request or to refuse the acceptance of
the request, unless such reason is contrary to law. If the request is submitted personally, the
requesting party shall show his current identification card issued by any government agency, or
government or private employer or school, or other reasonable means of identification. If the
Fequest 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,
to enable all requesters and particularly those with special needs, to comply with the request
requirements under this section.

(c) The request shall be stamped by the government agency, indicating the date and time of
receipt and the name, rank, title and position of the receiving public officer or employee with
the corresponding signature, and a copy thereof furnished to the requesting party. In case the
request is submitted by electronic means, the government agency shall provide for an
equivalent means by which the requirements of this paragraph shall be met. Each government
agency shall establish a system to trace the status of all requests for information received by it.

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


effective operation of the agency, or the agency has no capability to communicate the
information in the preferred format, or the preferred means would be detrimental to the
preservation of the record.

(e) The government agency shall comply with such request as soon as practicable, and in any
case within fifteen (15) working days from the receipt thereof: Provided, that where the
information requested is shown to be urgently needed for the protection of the life or liberty of
@ person, the same shall be provided within two (2) working days from the receipt of the
request.

(f) The period of fifteen (15) days 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. 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 by more than
twenty (20) working days

(g) If the information is not held by the government agency to which the request was made, it
shall notify the requester that it does not hold the information, and indicate to the requester
which agency holds the record, if known. Whenever practicable, the agency receiving the
request may cause the transfer of the request to the appropriate agency that holds the
information: Provided, that the period to comply with the request under this section shall begin
to run only upon receipt by the agency to which the request is transferred.

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

SECTION 11. 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 16 days
from the receipt of the request, notify the requester of the 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/s and circumstances on which the denial is
based, and indicate available rights of reconsideration or appeal.

SECTION 12. Remedies in Cases of Denial. —
(a) In all government agencies other than the judicial branch-
(1) A person whose request for information has been denied may ask for a
reconsideration from the same official who originally denied the request, or file an
administrative appeal following the procedure mentioned in Section 15 (8) of this Act:


Provided, That the administrative appeal must be filed within fifteen (15) calendar days
from the receipt of the notice of original denial or denial on reconsideration.

Every notice of denial shalll include check-box options of whether the requester will ask
for reconsideration or file an administrative appeal. The requester may submit further
arguments to strengthen his request.

(2) Instead of appealing, or after the denial of the administrative appeal, the person
denied access to information may file a verified appeal with the Office of the
Ombudsman, praying that the government agency concerned be directed to
immediately afford access to the information being requested. Such Appeal shall be
resolved by the Office of the Ombudsman within sixty (60) calendar days from filing, or
earlier when time is of the essence based on factors such as the nature of the
information requested, the context of the request, or the danger that the information
requested will become moot. The Office of the Ombudsman shall promulgate its special
rules of procedure for the immediate disposition of Appeals filed pursuant to this
Section. Unless restrained or enjoined, the decision of the Office of the Ombudsman
shall be immediately executory, without to review in accordance with the Rules of
Court.

(3) instead of filing a Complaint with the Office of the Ombudsman, whenever a request
for information is denied originally or on administrative appeal, the requesting party
may file a verified petition for mandamus in the proper court, alleging the facts with
certainty and praying that judgment be rendered ordering the respondent to disclose
the information. The procedure for such petition shall be summary in nature.

Unless restrained or enjoined, the decision of the court shall be immediately executory,
without prejudice to review in accordance with the Rules of Court;

(4) In resolving a Complaint or Petition brought under the preceding paragraphs (2) and
(3), the Ombudsman or the court is empowered to receive the information subject of a
claim of exception under Section 7 herein and examine 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.

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


(d) The remedies available under this Act shall be exempt from the rules on non-exhaustion of
administrative remedies and the application of the provisions of Republic Act No. 9285,
otherwise known as the Alternative Dispute Resolution Act of2004.

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

SECTION 13. Mandatory Disclosure of Information. - (a) In fulfillment of Article XI, Section 17 of
the Constitution, the following national officials shall disclose to the public their Statement of
Assets, Liabilities, and Net Worth (SALN) on an annual basis in their official website:

(1) President;

(2) Vice-President;

(3) Members ofthe Cabinet;

(4) Members of Congress;

(5) Justices of Supreme Court;

(6) Members of Constitutional Commissions and other constitutional offices,

(7) Officers of the armed forces with general or flag rank.

(b) All agencies of all branches of government shall upload on their websites, which shall be
updated monthly, a register of the following public interest transactions, 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 IRA Utilization;

(5) Annual Procurement Plau and Procurement List;

(6) An updated plantilla of positions and vacant positions with qualifications/

requirements in their organizations that need to be filled-up;

(7) Items to Bid;

(8) Bid Results on Civil Works, and Goods and Services;

(9) Abstract of Bids as Calculated;

(10) Procurement contracts entered into by’ a government agency;

(11) Construction or concession agreements or contracts entered into by a government

‘agency with any domestic or foreign person or entity;

(12) Private sector participation agreements or contracts in infrastructure and

development projects under Republic Act No. 6957, as amended by Republic Act No.

7718, authorizing the financing, construction, operation and maintenance of

infrastructure projects;

(13) Public finding extended to any private entity;

(14) Bilateral or multilateral agreements and treaties in trade, economic partnership,

investments, cooperation and similar binding commitments;


(15) Licenses, permits or agreements granted by any government agency to any person
or entity for the extraction and/or utilization of natural resources and a list of the
grantees;

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

(17) Loans from domestic and foreign financial institutions;

(18) Loans, grants, development assistance, technical assistance, and programs entered
into by a government agency with official bilateral or multilateral agencies, as well as
with private aid agencies or institutions; and

(19) Compromise agreements entered into by a government agency with any person or
entity.

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 (Php 50,000,000.00) shall be
uploaded in full on the website of the concerned government agency or the Official Gazette
online. A covered record shall be enrolled in the register not later than thirty (30) working days
from its perfection or issuance.

SECTION 14. Capacity-Building, Promotion of Best Practices and Continuous Updating of
Appropriate Information Technology and FOI. - All government agencies must ensure that they
have a compliant website within two (2) years from the date of effectivity of this Act.

The National Computer Center shall monitor all government agency websites and render the
appropriate support including capacity-bullding program and coordination with another
appropriate agency, utilizing alternative mechanism and seeking the assistance of private
relevant and willing volunteer groups to ensure full compliance with the requirements of this
Act.

In the performance of its monitoring nmetion of government websites and portals, the National
Computer Center 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.

Every government agency shall ensure the provision of adequate training for its officials to
improve awareness of the people's 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.

SECTION 15. People's Freedom Information (FO!) Manual. -
(a) For the effective implementation of this Act, all government agencies shall prepare and
regularly update a People's Freedom of Information (FOI) Manual, setting forth the following:


(1) The location and contact information of the head, regional, provincial and field
offices of the agency, 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 and the decision-making process
for the grant or denial of the request;

(8) The procedure for the administrative appeal of any denial for access to information;
(9) The schedule of fees;

(10) The process and procedure for the mandatory disclosure of information under
Section 13 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 People's FO! Manual shall be posted in the agency website and a hard copy shall be
available at the agency reception area for use by the public.

(c) In no case shall the absence of the People’s FO! Manual be a reason for the denial of any
request for information made in accordance with this Act.

SECTION 16. Administrative Liability. - The following acts proven to have been committed
willfully in an administrative proceeding before the appropriate disciplining authority as
provided under existing laws, rules or regulations, shall be subject to the administrative
penalty of suspension of six (6) months and one (1) day to one (1) year for the first offense, and
dismissal from the service for the second offense:

(1) Failure to promptly forward a request for information 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;

(2) Failure to act on a request for information within the periods required by this Act;

(3) Denial of a request for information without any valid ground;

(4) Claiming an exception under Section 7 of this Act when the claim is manifestly devoid of
factual or legal basis;

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

(6) 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.


In determining the duration of suspension for the first offense, circumstances that mitigate or
aggravate the offense shall be considered. Provided: That this provision is without prejudice to
the imposition of a lower penalty applicable under existing administrative laws, rules, or
regulation, if the acts are not done willfully.

SECTION 17. Criminal Liability. - (2) The following acts 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 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 and/or documents being
requested under this Act, for the purpose of frustrating the requesting party's access
thereto.

(b) 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.

(c) The acts under paragraph (a) of this Section, if proven in an administrative proceeding, shall
be subject to the penalty of dismissal, even if no criminal prosecution is instituted against him.

SECTION 18. Mere Denial in Good Faith 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, civil or criminal liability.

SECTION 19. Publication in the Official Gazette.

(a) For purposes of mandatory disclosure as provided in section 13 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.

(b) 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:
(1) All important legislative acts and resolutions of a public nature of the Congress of the
Philippines;
(2) All executive and administrative orders and proclamations of general application;
(3) 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;
(4) Such documents or classes of documents as the President shall determine from time
to time to have general application or which he may authorize so to be published.


However, other documents or classes of documents required by law to be published, 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.

SECTION 20. 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 Ill, Section 7 of the 1987 Constitution.

SECTION 21. 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.

SECTION 22. Separability Clause. - If any section or part of this Act is held unconstitutional or
invalid, the other sections or provisions shall remain in full force and effect.

SECTION 23. 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 in relation to Article 2 of Republic Act No. 386,
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. Provided, that Memorandum Circular No. 78 shall be
deemed repealed after one (1) year from the effectivity of this Act or upon issuance of the
Executive Order in Section 7(a), whichever comes first.

SECTION 24. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.

Approved,