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

EIGHTEENTH CONGRESS
First Regular Session

3597
HOUSE BILL NO.

Introduced by Representative Sharon S. Garin

EXPLANATORY NOTE

The average Filipino family spends a total 41.9% of their annual family expenditures
‘on food. For families in the bottom 30% income group, the percentage is much higher at
59.7%. For some, even earning enough money to spend on the standard three (3) meals a
day is a constant daily struggle.

Access to affordable food should be among the top priorities of the government.
There are several factors that may contribute to higher-than-ideal prices even for basic
commodities. This includes supply shortages and inflated prices brought about by collusion
and cartel, to name a few.

In order to reinforce the right of the people to affordable food and adequate food
supply, the State should adopt and implement a policy of full Public disclosure of all
government transactions involving food and basic commodities. This is consistent with Art Il,
Section 28 of the Constitution which guarantees the right of people to information of
transactions involving public interest.

Any person could request any government body regarding information on
government dealings related to food. This information would include all documents, papers,
letters, minutes and transcripts of official meetings, and all other records, received or kept in
or under the control of custody of any govemment body, including but not limited to the
Department of Agriculture (DA), the Department of Trade and Industry (DT!) and other
agencies involved in handling the country's food supply. Of particular note are importation

«Permits for basic commodities like rice, com, and sugar, granted by said agencies. To
strengthen the mandate of this act, government agencies refusing to disclose such
information shall be met with strict penalties.

A more transparent system when it comes to food transactions should lead to more
honest dealings by the goverment, and all other parties involved. In view of the forgoing,
passage of this bill is earnestly sought.

S. GARIN
Owa Partylist


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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL. NO. __3597

‘ Introduced by Representative Sharon S. Garin

AN ACT
MANDATING THE GOVERNMENT TO PROVIDE ACCESS TO INFORMATION ON
FOOD AND OTHER BASIC COMMODITIES TO GUARANTEE THE RIGHT OF
THE PEOPLE TO AFFORDABLE FOOD AND ADEQUATE FOOD SUPPLY
PRESCRIBING GUIDELINES THEREFOR, AND FOR OTHER PURPOSES

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 “Affordable Food
Transparency Act."

SEC. 2. Declaration of Policy. - The State recognizes as a matter of policy

‘the fundamental right of the people to affordable food and adequate food supply. The
State therefore acknowledges its obligation in ensuring the steady ‘supply of food and
other basic commodities, as well as maintaining transparency in alll its transactions
relative thereto, and in preventing any and all forms of collusion and cartel that would
restrict the people's access to affordable food and adequate food supply. In order to
reinforce the right of the people to affordable food and adequate food supply, the
State shall adopt and implement a Policy of full public disclosure of all government
transactions involving food and basic commodities, consistent with the Constitutional

Fight of the people to information on all matters of Public concern.


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To guarantee the people's fundamental human right to affordable food and
food supply, the State shall afford to citizens, non-government organizations (NGO),
civil society groups, and other private entities access to official records, and to
“documents and papers pertaining to official acts, transactions or decisions, as well
as to government research data used as basis for policy development, except for
such information affecting national security or foreign diplomatic relations

SEC. 3. Definition of Terms. -

(a) "Basic commodities" for purposes of this Act includes: rice, com; bread; fresh,
dried and canned fish and other marine products, fresh pork, beef and poultry
meal; fresh eggs; fresh and processed milk; fresh vegetables; root crops;
coffee; sugar; instant noodles; salt;

(b) "Government body" shall mean any Executive, ‘specifically, but not limited to,
the Department of Agriculture (DA) and Department of Trade and Industry
(DTI), Legislative, Judicial or Constitutional body of the Government of the
Republic of the Philippines, including local government units, the Armed
Forces of the Philippines (AFP) and the Philippine National Police (PNP),
government financial institutions and government-owned and controlled
corporations, whether created by its own charter or by registration with the
Securities and Exchange Commission (SEC), and all such other entities
where the government has substantial interest in;

() "Information" shall mean all documents, Papers, letters, minutes and
transcripts of official meetings, maps, books, photographs, films, sound and
video recordings, magnetic or other tapes, electronic data processing records,
computer stored data, electronic mail messages, or any other like or similar

data or material, recorded, stored or archived in whatever form or format,


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which are made, received or kept in or under the control and custody of any
government body pursuant to law, executive order, rules and regulation,
ordinance or in connection with the performance or transaction of official
business by any government body.

(d) “Requesting person" shall mean a natural person, whether on his own or as a
representative of another natural person or a juridical person, who makes a
request to obtain, have a copy of or have access to information from any
government body as defined in this section.

(e) "Trade secret" shall mean any information, including a formula, pattern,
compilation, program, device, product, method, technique or process, that is
used, or may be used, in business or for any commercial advantage; derives
independent economic value, actual or potential, from not being generally
known to the public or to persons who can obtain economic value from its
disclosure or use, is the subject of reasonable efforts to prevent it from
becoming generally known, and the disclosure of which would result in harm
or improper benefit.

SEC. 4. Publication of Importation Permits. — In the spirit of transparency

and accountability, the Department of Agriculture shall cause the publication of the
following information on importation permits that it has granted for basic

commodities, such as rice, corn, and sugar.

(a) Name and address of importer, whether a natural or juridical entity,
(b) Name and address of supplier from whom importation is sourced;
(c) Country of origin of the import per shipment;

(d) Date of contract of import;

(e) Date of arrival of import per shipment;


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(f) Schedule, cargo or vessel, and maximum tonnage per shipment;

(g) Contracted and actual volume of import per shipment;

(h) Specification of import per shipment;

(i) Contracted price of import per shipment;

() Value or cost of import per volume and for each source;

(k) Mode of purchase of import per shipment;

(!) Drop-off points or ports per shipment; and

(m)Such other information that may be necessary to ensure a complete and
proper inventory of basic commodities.

The Department of Agriculture shall also prepare, keep and maintain records
and a database containing the above-enumerated information which shall be made
readily available to the public.

SEC. 5. Coverage and Limitations. — All information, as herein defined,
which are in the custody or under the control of a government body shall be made
accessible and available for public scrutiny, copying and reproduction, except when:

(@) The information pertains to personal information on a third party natural

Person, but only when its revelation would constitute a violation of an

individual's right against self-incrimination, including, but not limited to,

records or information covered by attomey-client or doctor-patient
relationship;

(b) The information has been specifically authorized to be kept secret or
considered classified in the interest of national security by the President
through an Executive Order duly. published in the Official Gazette and in at

least two (2) newspapers of general circulation, subject to the following

provisions.


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iii,

The Supreme Court may, upon complaint by any citizen, inquire into
the sufficiency of the factual basis for the President's determination;
Such information shall be reviewed every five (5) years by the head of
the appropriate agency concerned for purposes of declassification and
making available to the public, and

‘Such information shall finally be deemed declassified and open to the
Public after a period of fifteen (15) years from the date of publication of
the said Executive Order in the Official Gazette or in a newspaper of

general circulation, whichever was first.

(c) The information is maintained by law enforcement agencies for criminal law

enforcement, or, relates to the detection and investigation of crime, including

those maintained on any individual or compiled in the Course of a criminal

investigation by any law enforcement agency. Provided that the disclosure of

such public record or information:

Could reasonably be expected to interfere with the prevention,
detection, suppression, or investigation of any criminal activity or with
law enforcement operations;

Would deprive a person of a right to a fair trial or an impartial
adjudication;

Could reasonably be expected to constitute an unwarranted invasion of
personal privacy;

Could reasonably be expected to disclose the identity of a confidential
source, including a foreign agency or authority, or any private institution
which furnished information on a confidential basis, or the information
furnished by a confidential source;


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v. Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions;

vi. Could reasonably be expected to endanger the life or physical safety of
any individual, harm the security of any Property or system; or

vii. Could harm the security of any property or ‘system, including, but not
limited to, a building, vehicle, computer or communications system:
Provided, however, that records or information relating to the
administration, management and direction of a law enforcement
agency shall be public.

(d) The information is maintained by the Department of Foreign Affairs and other
relevant government bodies on another Sovereign state, and the disclosure of
Such records or information could reasonably be expected to jeopardize the
diplomatic relations of the Government of the Republic of the Philippines with
the said sovereign state: Provided, that treaties, trade agreements, contracts
between agencies and/or government-owned and controlled corporations, and
implementing agreements, annexes, side letters and other such documents
and records pertaining to or related to the same, and any other documents
Pertaining to dealings entered into by, the Government of the Republic of the
Philippines with another sovereign State and binds the Government to uphold
such transactions under international and local law, shall not be covered by
this exception;

(e) The information pertains to trade secrets and commercial or financial
information obtained from a Person, firm, or corporation which is of a

privileged or confidential nature, or


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(f) The information is exempted from disclosure by another law or by the Rules of
Court, including, but not limited to, information considered as privileged
communication or gathered by any government body in closed or executive
‘session.

In cases where access is requested to a portion of a record or information that
is exempt from disclosure pursuant to this Act, the public shall have the right of

access to the remainder of the record: Provided, that the exempt portion of the

“record can be reasonably separated, severed, deleted or concealed from the record.

Nothing in this Act shall, however:

(a) authorize the withholding of information from, or limit the availability of records
to Congress or any of its committees;

(©) affect the power of any court, tribunal, investigative body, or any government
body exercising quasi-judicial functions to compel a witness to testify or to
compel the production of documents;

(C) limit the information otherwise available by law to a party to litigation including
a civil, criminal or administrative Proceeding;

(d) prohibit the transfer, Storage or destruction of any record Pursuant to law,

decree, order, ordinance or rules and regulations;
(€) prevent access to records maintained in a public office for the purpose of
Providing the public access to information; or
(A) restrict disclosure of information for the purpose of an investigation or
Prosecution of a criminal case or a case of graft and corruption.
SEC. 6. Procedure for Access. - Any person who seeks to obtain, have a
Copy of or have access to any information shall file a request in writing, as much as

Practicable, to the government body concerned, reasonably describing the


1 information being sought, and stating details on how he could be contacted by the
2 said government body.

3 The government body shall comply with the said request within two (2)
4 working days after the receipt of the request, or within a reasonable period of time
5 ‘mutually agreed upon by the requesting person and the government body's
6 _ employee concerned, but not to exceed five (5) working days.

7 The time for compliance may, with due notice to the requesting person, be
8 extended by the head of the government body to a period not exceeding fifteen (15)
9 days if:

10 (a) The requesting person failed to give enough details about the information or

11 record sought to be obtained.

12 (b) A large number of records is sought to be obtained in a single request, or
13 when it has received voluminous requests, that compliance within the
14 Prescribed period under this Act would unreasonably interfere with its
1 operations;

16 (c) The request requires search and collation of records from its field Offices,

7 (2) Additional time is needed to consult with another goverment body having

18 material or substantial interest in the determination of the request; and

19 (e) There are fortuitous events or other events from force majeure, or other
20 analogous cases.

21 SEC. 7. Payment of Reasonable Fees. — Copies or reproductions of

22 _ information, whether in print or electronic media, may be obtained by the requesting

23 person whose request has been approved upon payment of a reasonable fee which

. Shall not exceed the actual cost of reproduction plus a reasonable margin not

25 exceeding ten percent (10%). Provided, that proceeds from the reproduction fees


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charged shall be used exclusively for the purchase and maintenance of equipment
“ and supplies required to produce copies or reproductions of the said records.

Upon request, the government body shall provide a detailed itemization of the
costs charged for the reproduction. No government body may, however, require the
advanced payment of any reproduction fee.

SEC. 8. Transfer of Request — If the government body to which the request
was filed determines that the information being sought is not in its custody or control,
it shall, within two (2) days, notify the requesting person of the same, through writing
or other contact channels that the requesting person has provided, and shall then
either: 1) transmit the said request to the govemment body which has the

; Possession or custody of the information being Sought, or 2) provide the requesting
Person with a referral letter, signed by its head and addressed to the head of the
government body which has the possession or custody of the information being
sought.

The government body receiving of such transmittal or referral letter shall then
act on such request in the manner set forth in Section 5 hereof.

SEC. 9. Denial of Request — If the government body decides to deny the
request, in whole or in part, it shall within two (2) working days from the receipt of the
request notify the requesting person of such denial in writing, signed by the head of
the government body, and the ‘specific grounds for the denial and the corresponding

legal basis, as allowed in Section 5 hereof

SEC. 10. Remedies to Compel Disclosure. - Every denial of any request for
access to information may be appealed before the Office of the Ombudsman by
filing, within fifteen (15) days from receipt of a letter of denial, a prayer for the

disclosure of the information being sought.


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If the Office of the Ombudsman upholds such denial or fails to act on such
prayer within sixty (60) days, the requesting person may then file a verified petition
for mandamus before the Regional Trial Court with jurisdiction over the government
body's office receiving the request for information. A decision of the court granting
the request for information shall be subject to the Proper judicial remedies available
to the affected government body, following the procedure provided under the Rules
of Court.

Nothing in this Section shall prejudice any other available administrative, civil
or criminal remedy.

SEC. 11. Mandatory Disclosure of Food Information. — Each government
body that possesses any significant information that affects food supply and prices
shall readily disseminate the same to the Public and regularly update said
information. The means of disclosure and dissemination of such information shall
include, but not be limited to: (a) manuals, Pamphlets, brochures, bulletins, posters,
announcements, or any other printed collaterals, for distribution or for posting by the
government body concemed in conspicuous places in its central and field offices,
and (b) electronically uploading of such information on its website

SEC. 12. Mandatory Disclosure for Public Interest. — Any government
body which is in possession or has knowledge of any information, not otherwise
declared classified or exempt pursuant to this Act, about the existence of a factor or
tisk significant to food supply and Prices, or which clearly affects public's right to
affordable food and adequate food supply, shall without delay disclose such
information to the public.

SEC. 13. Penal Provisions. - Any official or employee of the government

body which has possession of any significant information on food ‘supply and prices

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1 found guilty by final judgment of the proper court of denying access to information, or
2. parts thereof, without a valid legal ground as provided for in this Act, or who shall
3 knowingly release false and/or misleading information, shall be punished with a fine
4 of not less than Twenty Thousand Pesos (P20,000.00) but not more than Forty
5 «Thousand Pesos (P40,000.00), and/or imprisonment of not less than one (1) year
6 — but not more than three (3) years, including all the accessory penalties provided by
7 law, upon the discretion of the Court.

8 Any official or employee who shall fail to respond to a request due to
9 negligence, or fail to meet the time limits for response set forth in this Act, without
10 reasonable reasons for such, shall be punished with a fine of not less than Ten
11 Thousand Pesos (P10,000.00) but “not more than Twenty Thousand Pesos
12 (P20,000.00), and/or imprisonment of not less than six'(6) months but not more than
13 one (1) year, including all the accessory penalties provided by law, upon the
14 discretion of the court.

15‘ Any official or employee who shall deliberately and knowingly refuse, or
16 because of negligence fail, to update any information his or her office is required to
17 disclose under Section 10 of this Act shall be penalized administratively with
18 suspension from service, without pay, of at least six (6) months but not more than
19 one (1) year. A subsequent offense shall cause his dismissal from service.

20 SEC. 14. Implementing Guidelines. — Each government body shall, within
21 sixty (60) days from the effectivity of this Act, promulgate guidelines specifying the
22 office, and employees from whom, and the methods and process whereby, the public
23 May request access to or obtain information which are kept in or held under its
24 — custody or Control.


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SEC.15. Reports. - On or before March 1 of each calendar year, each

“government body shall submit a report covering the preceding year to the Speaker of

the House of Representatives and President of the Senate for referral to the
appropriate committees of Congress. The report shall include:

(a) A copy of the implementing guidelines and rules crafted by such government
body in the implementation of this Act;

(b) A copy of the reproduction fee schedule under Section 6 of this act, the total
Proceeds collected from such fees and the use of such proceeds by the
government body;

(c) The number of determinations made by such government body to refuse the
requests for information made to such government body under Section 9, the
reasons for such determination;

(d) The names and titles or positions of officials responsible for the refusal of
requests under this Act, and the number of instances of participation of each;

(e) The number of refused requests wherein the requesting person sought
remedies before the Office of the Ombudsman or before the regular courts,
and the names and titles or positions of officials Concerned in these cases;

() A copy of the information disclosed by the government body pursuant to
Section 11 of this act, including a description of the Collaterals, whether print
or electronic, used in the dissemination of the said disclosed information;

(g) A summary of other initiatives made by the government body, whether or not
mandated by this Act or any other law, that sought to enhance and assist the
implementation of this Act; and

(h) Such other information which the government body deems as necessary to

disclose in relation to the implementation of this Act.


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The Office of the Ombudsman shall submit an annual report on or before
March 1 of each calendar year, listing the number of cases filed before it under
Section 10 of this Act and the disposition of each case. The Solicitor General shall
likewise submit an annual report on or before March 1 of each calendar year, listing
the number of cases filed before the regular Courts under Section 10 of this Act, the
disposition of each case, the names and positions or titles of the officials penalized
and the penalties assessed.

SEC. 16. Oversight Committee. — For the effective implementation of this

“Act, there shall be a Congressional Oversight Committee consisting of five (5)
members each from the Senate and House Representatives, which shall be
composed of the Chairpersons and members of the Committees on Agriculture,
Trade and Commerce, and Justice and Human Rights of both the Senate and House
of Representatives, which shall meet bi-annually to oversee its implementation. The
Congressional Oversight Committee shall be jointly chaired by the Chairpersons of
the Committees on Agriculture and Trade and Commerce of the Senate and House
and Representatives and shall be jointly vice-chaired by the Chairpersons of the

Committees on Justice and Human Rights of the Senate and House and
Representatives.

: SEC. 17. Separability Clause. - If for any reason, any part, section or
Provision of this Act shall be held unconstitutional or invalid, no other part, section or
provision shall be affected thereby, ”

SEC. 18. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, issuances or any parts thereof inconsistent with the provisions of this Act

are deemed repealed or amended accordingly.

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SEC. 19. Effectivity Clause. — This Act shall take effect immediately after its

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

Approved,

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