. *  . 
~ 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
A!% 
-4 A 9 5 1  
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator S. R. Osmeiia 111 
~ 
EXPLANATORY NOTE 
~ 
Public office is a public trust. 
! 
Article 11, Section 24, "The State recognizes the vital role of 
~ 
communication and information in nation building." 
i 
Article I I ,  Section 28: "Subject to reasonable conditions prescribed 
1 
by law, the State adopts and implements a policy of full public disclosure 
I 
of all its transactions involving public interest." 
I 
Article Ill, Section 7, "The right of the people to information on 
matters of public concern shall be recognized. Access to official records, 
and to documents and papers pertaining to official acts, transactions or 
decisionk, as well as to government research data used as basis for policy 
development, shall be afforded the citizen subject to such limitations as 
may be provided by law. 
To strengthen his mandate, the Constitution 
provides in: 
i 
~ 
f 
These constitutional provisions underscore the crucial need in a democracy for 
open access to government information by citizens. 
Importance is attached to 
accountability in government. 
This proposed legislation not only affirms the 
importance, but also the challenge of maintaining openness in government. 
To further give meaning to this mandate, this bill establishes an effective access 
to government information thereby forging an important link between duly constituted 
authorities and the Filipino people. 
It requires government agencies: 1) to publish in 
the official Gazette or in a newspaper of general circulation rules, regulations, 
procedures issued by them, and official acts performed by said agency; and 2) to make 
available to the public, upon request, information not otherwise exempted by the bill. 
In view of the foregoing passage of this bill is earnestly requested. 
SERGJO OSMENA Ill 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
'04 
AlJG -4 A9 :51 
First Regular Session 
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
GIVING MEANING TO THE RIGHT OF THE PEOPLE TO INFORMATION ON 
MATTERS OF PUBLIC CONCERN GUARANTEED UNDER THE CONSTITUTION 
AND FOR OTHER PURPOSES 
Be it enacted by the House of Representatives and the Senate of the Republic of the 
Philippines in Congress assembled: 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
SECTION 1. Short Title. - This Act shall be cited as the "Freedom of 
Information Act." 
SEC. 2. Definition of Agency, - For purposes of this Act, the term 
"agency" refers to the whole executive department, including the Executive 
Officer of the President and all line agencies down to the municipal level; it shall 
include all presidential commissions, the military and armed forces, all 
government-owned or controlled corporation, any independent regulatory 
agency, the constitutional commissions and other establishments in the 
executive branch of the government. 
SEC. 3. Duty of Government Agencies to Publish. - Each agency shall 
currently publish in the Official Gazette, or in a newspaper of general circulation, 
for the guidance of the public: 
a. descriptions of its central and field organization and the established 
places at which, the employees (and in the case of a uniformed 
service, the members) from whom, and the manner whereby, the 
pyblic may obtain information, make submittals or requests, or obtain 
decisions; 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
b. statements of the general course and method by which its functions 
are channeled and determined, including the nature and requirements 
of all formal and informal procedures available; 
c. rules of procedures, 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; 
d. 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; and 
e. each amendment, revision, or repeal of the foregoing 
SEC. 4 .  Effect of Non-publication. - Except to the extent that a person 
has actual and timely notice of the terms thereof, a person may not in any 
manner be required to resort to, or be adversely affected by a manner required to 
be published in the Official Gazette and a newspaper of general circulation not so 
published. For the purpose of this paragraph, matters reasonably available to the 
class of persons affected thereby is deemed published in the Official Gazette or a 
newspaper of general circulation when incorporated by reference therein with the 
approval of the Director of the National Printing Office or the head of the agency 
concerned. 
SEC. 5. Records Available to fhe Public. - Unless the materials are 
promptly published and copies offered for sale, each agency, in accordance with 
published rules, shall make available for public inspection and copying: 
a. final opinions, including concurring and dissenting opinions, as well as 
orders, made in the adjudication of cases; 
b. those statements of policy and interpretations which have been 
adopted by the agency and are not published in the Official Gazette; 
and 
c. administrative staff manuals and instructions to staff that effect a 
member of the public 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
To the extent required to prevent a clearly unwarranted invasion of 
personal privacy, an agency may delete identifying details when it make available 
or publishes an opinion, statement of policy, interpretation, or staff manual or 
instruction. However, in each case the justification for the deletion shall be 
explained fully in writing. 
Each agency shall also maintain and make available for public inspection 
and copying, current indexes providing identifying information for the public as to 
any matter issued, adopted or promulgated after 1 January 2005, and required 
by this Act to be made available or published. Each agency shall promptly 
publish, quarterly or more frequently, and distribute (by sale or otherwise) copies 
of each index or supplements thereto unless it determines by order published in 
the Official Gazette that the publication would be unnecessary and impracticable 
in which case the agency shall nonetheless provide copies of such index on 
request at a cost not to exceed the direct cost of duplication. A final order, 
opinion, statement of policy, interpretation, or staff manual or instruction that 
effects a member of the public may be relied on, used, or cited as precedent by 
an agency against a party other than a government agency only if: 
(i) 
it has been indexed and either made available or published as 
provided by this sector; or 
the party has actual and timely notice of the terms thereof. 
(ii) 
SEC: 6. Duty of Government Agency Upon Request. - Except with 
respect to the records made available under Section 3 and 5 of this Act, each 
agency, upon any request for records which (a) reasonably describes such 
records and (b) is made in accordance with published rules stating the time, 
place, fees (if any), and procedures to be followed, shall make the records 
immediately available to any person. 
SEC. 7. Rules Governing Publication. - a. Each agency shall 
promulgate regulations, pursuant to notice and receipt of public comment, 
specifying a uniform schedule of fees applicable to all constituent units of such 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
I9 
20 
21 
22 
23 
24 
25 
26 
27 
28 
agency. Such fees shall be limited to reasonable standard charges for document 
search and'duplication and provide for recovery of only the direct costs of such 
search and duplication and provide for recovery of only the direct costs of such 
search and duplication. Documents shall be furnished without charge or at a 
reduced charge where the agency determines that waiver or reduction of the fee 
is in the public because furnishing the information can be considered as primarily 
benefiting the general public. 
b. 
On complaint, the appropriate regional trial court (hereafter court) 
where the complaint resides, or has his principal place of business, or where the 
agency records are situated, has the power to enjoin the agency from withholding 
agency records and to order the production of any agency records improperly 
withheld from the complaint. In such a case, the court shall determine the matter 
de novo, and may examine the contents of such agency records in camera to 
determine whether such records regret any part thereof shall be withheld under 
any of the exemptions set forth in Section 12 of this Act, and the burden is on the 
agency to sustain its action. 
c. 
Notwithstanding any other provision of law, the defendant shall 
serve an answer or otherwise plead to any complaint made under this subsection 
within ten (IO) days after service of the pleading in which such complaint is 
made, unless the court directs otherwise for good cause shown. 
d. 
Except as to cases the court considers of greater importance, 
proceedings before the court, as authorized by this subsection, and appeals 
therefrom, take precedence on the docket over all cases and shall be assigned 
for hearing and trial or for argument at the earliest practicable date and expedited 
in every way. 
e. 
The court may assess against the Government reasonable 
attorney's fees and other litigation costs incurred in any case under this section in 
which the complainant substantially prevailed. 


1 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
f. 
Whenever the court orders the production of any agency record 
improperly withheld from the complainant, and the court finds that the 
circumstances surrounding the withholding raise questions whether agency 
personnel acted unreasonably, arbitrarily or capriciously raise questions whether 
agency personnel acted unreasonably, arbitrarily or capriciously with respect to 
the withholding, the Civil Service Commission (hereafter Commission) shall 
promptly initiate a proceeding to determine whether disciplinary action is 
warranted against the officer or employee who was primarily responsible for the 
withholding. The Commission, after investigation and consideration of the 
evidence submitted, shall submit its findings and recommendations to the 
administrative authority of the agency concerned and shall send copies of the 
findings and recommendations to the officer or employee. 
g. 
In the event of non-compliance with the order of the court, the court 
may punish for contempt the responsible employee, and in the case of the 
uniformed service, the responsible member. 
SEC. 8. Publication of Board Member's Roles. - Each agency 
governed by a board or a collegial body shall maintain and make available for 
public inspection a record of the final roles of each member in every agency 
proceeding. 
SEC. 9. Time Limits for Administrative Decisions. - Each agency, 
upon the instruction for records made under Sections 3, 5, or 6 of this Act, shall: 
a. 
' determine within ten ( I O )  days (except Saturdays, Sundays, and 
legal public holidays) after the receipt of any such request whether to comply with 
such request and shall immediately notify the person making such request of 
such determination and the reasons therefor, and of the right of such person to 
appeal any adverse determination to the head of the agency; and 
b. 
make a determination with respect to any appeal within twenty (20) 
days (excepting Saturdays, Sundays, and legal public holidays) after the receipt 
of such appeal. If on appeal the denial of the request for records is in whole or in 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
part upheld, the agency shall notify the person making such request of the 
provisions for judicial review of that determination under Section 7. 
SEC. 10. Extensions of Time. - In unusual circumstances as specified in 
this Act, the time limits prescribed in either 9.1 or 9.2 may be extended by written 
notice to the person making such request setting forth the reasons for such 
extension and the date on which a determination is expected to be dispatched. 
No such notice shall specify a date that would result in an extension for more 
than ten (IO) working days. As used in this Act, "unusual circumstances" means, 
but only to the extent reasonably necessary to the proper processing of the 
particular request. 
a. 
the need to search for and collect the requested records from the 
field facilities or other establishments that are separate from the office processing 
the request. 
b. 
the need to search for, collect and appropriately examine a 
voluminous amount of separate and distinct records which are demanded in a 
single request; or 
C. 
the need for consultation, which shall be conducted with all 
practicable speed, with another agency having substantial interest in the 
determination of the request or among two or more components of the agency 
having substantial subject matter interest therein. 
SEC. 11. Presumption of Exhaustion of Remedies. - Any person 
making a request to any agency for records under Section 3, 5 or 6 of this Act 
shall be deemed. to have exhausted his administrative remedies with respect to 
such request if the agency fails to comply with the applicable time limit provisions 
of this paragraph. If the government can show exceptional circumstances exist 
and the agency is exercising due diligence in responding to the request, the court 
may retain jurisdiction and allow the agency additional time to complete its review 
of the records. Upon any determination by an agency to comply with a request 
29 
for records, the records shall be made promptly available to such person making 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
such request. Any notification of denial of any request for records under this 
28 
reasons for such determination. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
b. 
the number of appeals made by persons under. Sections 9, 10, and 
11 the result of such appeals and the reason for the action upon each appeal that 
results in the denial of information; 
c. 
the names and titles or positions of each person responsible for the 
denial of records requested under this Act, and the number of instances of 
participation of each; 
d. 
the result of each proceeding conducted pursuant to Section 7 (5), 
including a report of the disciplinary action taken against the officer or employee 
who was primarily responsible for improperly withholding records or an 
explanation of why disciplinary action was not taken. 
e. 
a copy of every rule made by such agency regarding this section; 
f. 
a copy of the fee schedule and the total amount of fees collected by 
the agency for making records available under this section; and 
g. 
section. 
such other information as indicates efforts to administer fully this 
The Solicitor General shall submit an annual report on or before March 1 
of each calendar year a listing of the number of cases arising under this section, 
the exemption involved in each case, the disposition of each case, and the cost, 
fees, and penalties assessed under Section 7(5), 7(6) and 7(7). Such report shall 
also include a description of efforts undertaken by the Department of Justice to 
encourage agency compliance with this section. 
SEC. 14. Separability Clause. - If any part, section or provision of this 
Act shall be held invalid or unconstitutional, no other part, section, or provision 
shall be affected thereby. 
SEC. 15. Repealing Clause. - All existing laws, executive orders, letters 
of instruction, proclamations, presidential decrees, rules and regulations 
promulgated thereby, and other government issuances which have the force of 
law inconsistent with or in conflict with the provisions of this Act, particularly 


1 
2 
3 
4 
those which provide confidentiality of government records, unless exempted by 
this Act, are hereby repealed or modified accordingly. 
SEC. 16. Effectivity. -This Act shall take effect fifteen (15) days after the 
date of it publication in two (2) newspapers of general circulation. 
Approved,