Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 26

Introduced by : REP. RAUL V. 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
concems shall be recognized. Access to official records, and to documents, and
papers pertaining to official acts, transactions, or decisions, as well as goverment
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. Hence, refiling of this
bill with the earnest hope that approval of the same be given the highest priority it
deserves.

rab V, DEL MAR


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

SIXTEENTH Congress
First Regular Session

HOUSE BILL NO. 26

Introduced by: REP. RAUL V. DEL MAR

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 Titie. - This Act shall be known as the “Freedom of
Information Act of 2013.”

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 alll 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

(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, photograph, 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,
ules, 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 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 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 external defense, law
enforcement, and border control, when the disclosure thereof would:

(I) 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

(iil) 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 a 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 life or physical safety of any individual;

(d) The information requested consist 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 in executive session;

(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 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;

(g) The information requested pertains to trade secrets and commercial or
financial information obtained form 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 or control of the information, or any responsible
central or field officer/s duly designated by him:

Provided, That:
1. The exceptions are strictly construed;

2. 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 Networth (SALN) on an annual basis:

(1) the President;

(2) the Vice-President;

(3) the Members of the Cabinet;

(4) the Members of the Senate and the House of the 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 on a 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;
(ii) 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

(9) Procurement contracts entered into by a government agency

(40) Construction or concession agreements or contracts entered into
by a government agency with any domestic or foreign person or entity;


(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 that were granted licenses, permits or
agreements for the extraction and/or utilization of natural resources

given by any government agency;

(18) 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 of Public Works and Highways, Congressional Insertions,

and other similar Congressional allocation modalities;

(16) Statements 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 concemed


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.

(c) 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 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.

(d) 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 (2) years from the effectivity of
this Act.

SEC. 9. Promotion of Openness in Government. - (a) Duty to Publish
Information — Government agencies shali 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;

(6) Important rules and regulations, orders or decisions: Provided, that they be
published within fifteen (15) calendar days from promulgation;

(6) Current and important database and statistics that it generates;
(7) Bidding processes and requirements; and

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

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

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

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.

SEC. 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;

(c) 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 following

(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 basis;

(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.

SEC. 13. Criminal Liability. - (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 or
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 sanction 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


acknowledgment 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;

(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 facilitate
compliance within three (3) years from the approval of this Act; and

(11) Such other information, taking into consideration the unique of
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, 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, to enable all requesting parties and particularly those with special needs,
to comply with the requirements under this Section.

(c) The request shall be duly received by the concerned 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 his paragraph shall be met. Each
government shall establish a system by which the status of all requests for

information received by it may be verified at any time.

(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.

(e) 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 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 government 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
occurrences 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 appropriate
agency that holds the information: Provided, That the period to comply with the
Tequest under this Section shall begin to run only upon the receipt of agency to
which the request is transferred,

SEC. 17. Access and 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,

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 concerned 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.

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;

(2) Records of government contracts 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 shalll 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 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
listening 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 II 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;

(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 repeaied.

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.

Approved,