Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BillNo,__ 8183

Introduced by REP. JOSE CHRISTOPHER Y, BELMONTE.

EXPLANATORY NOTE

The people’s right to information on matters of public concern has a deep historical
foundation. Its inclusion in the Bill of Rights was neither a spur of the moment nor
whimsical. Rather, it was an offshoot of the long and persistent struggle of the people for
Senuine reforms, transparency and accountability in governance and an indispensable
element of the right to free speech, expression and people’s initiative.

Section 7, Article III of the Constitution explicitly provides that “the right of the
People 10 information on matters of public concern shall be recognized. Access 10 official
records, and to documents, and papers pertaining 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, shall be afforded the citizen, subject to
such limitations as may be provided by law.” Alongside with this is Article 28, Article Il of
the Constitution which mandates full disclosure of all transactions involving public interest,
thus: “subject 10 reasonable conditions prescribed by law, the State adopts and implements
policy of full public disclosure of all its transactions involving public interest."

‘These provisions are self-executory and no longer require statutory enactments for its
enjoyment. What the Constitution requires is the setting-up of reasonable standards and
limitations to prevent abuse in its exercise. In spite of its self-executory nature however,
Sovernment officials in custody of official records and information upon which these
constitutional guarantees are asserted, most of the time invoke discretion and the absence of
an enabling law for its implementation. Thus, what could have been a ministerial duty
became a discretionary function, defeating thereby the purpose for which the constitutional
mandate was enshrined, and denying the rights which the people are entitled,

To address this flaw, several attempts were made in the past to enact a Freedom of

Information Act but all these attempts never succeeded. It is hoped that the 16" Congress,
with all the issues it now faces, shall see the importance of a Freedom of Information Act.

Sb A

JOSE CHRISTOPHER Y. BELMONTE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS.
First Regular Session

3183

House Bill No._~~

Introduced by Rep. JOSE CHRISTOPHER Y. BELMONTE

AN ACT
AFFIRMING AND STRENGTHENING THE PEOPLE’S CONSTITUTIONAL
RIGHT TO INFORMATION ON MATTERS OF PUBLIC CONCERN AND OF
THE STATE POLICY OF FULL PUBLIC DISCOLUSRE OF ALL ITS
TRANSACTIONS INVOLVING PUBLIC INTEREST, 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 “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, subject to the procedures and limitations
provided by this Act. This right is indispensable to the exercise of the people's right
to effective and reasonable participation at all levels of social, political and economic
decision-making.

SECTION 3. Coverage. ~ This Act shall cover all government agencies as defined
under Section 4 of this Act,

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 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.


(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 established by law.

(©) “Official records” refer 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.

(A) “Public records” include 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 and shall be allowed to scrutinize,
copy and reproduce, in the manner provided by this Act, any information under the
custody and/or 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 by
clear and convincing evidence that the information requested is exempted from
disclosure by this Act.

SECTION 7. Exceptions. - Access to information shall be granted unless:

(a) The information requested 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 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 with which it intends to keep friendly relations:

Provided, further, 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 declassification shall be settled in favor of the right to
information.

(b) The information requested pertains to internal and/or external defense and law
enforcement, when the disclosure thereof would render a legitimate military or law
enforcement operation ineffective, unduly compromise the prevention, detection or
suppression of a criminal activity, or endanger the life or physical safety of
confidential or protected witnesses, law enforcement and military personnel or their
immediate families. Information relating to details of the administration, budget and
expenditure, and management of the defense and law enforcement agencies shall
always be accessible to the public.

(©) 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,

(d) The information requested is obtained by either House of Congress, or any
committee thereof, in executive session, Provided, that, such information falls under
any of the exceptions provided in this section,

(ec) 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.

( 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, unless such natural or juridical
person has consented to the disclosure of the information.

(g) The information is classified as privileged in legal proceedings by law or by the
Rules of Court, unless the person entitled to the privilege has waived it.
(h) The information requested is exempted by law or the Constitution, in addition to


those provided in this section.

For letters (b) to (h) 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/s
duly designated by him.

SECTION 8. Qualifications. - Even if the information falls under the exceptions set
forth in the preceding section, access to information shall not be denied if:

(a) The information may be reasonably severed from the body of the information
which would be subject to the exceptions;

(b) The public interest in the disclosure outweighs the harm to the interest sought to
be protected by the exceptions;

(©) The requesting party is either House of Congress, or any of its Committees and
the disclosure is to be made in executive session, unless the disclosure will constitute
a violation of the Constitution.

(@) Exceptions cannot be invoked to cover-up a crime, wrongdoing, graft, or
corruption;

(©) 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

(8 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.

SECTION 9. 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, documents
received or filed with them and 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 shall identify specific or 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. In
addition, the National Archives of the Philippines shall likewise identify specific or
classes of official records that it shall require agencies to preserve and transfer to it.

(©) In addition to the specific or classes of official records identified for preservation
under letter (b) of this section, the following shall not be destroyed:

(1) Records or contracts pertaining to loans obtained or guaranteed by the
government;

(2) Records pertaining to government contracts;

(3) The declaration under oath of the assets, liabilities and net worth of
public officers and employees, as required by law;

(4) Records of official investigations on graft and corrupt practices of
public officers.

(a) 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 official records that facilitates the easy
ication, retrieval and communication of information to the

QQ)A records maintenance, archival and disposition schedule providing a
listing of records under current use, for retention by the agency, for
transfer to the National Archives, or for destruction: Provided, that
destruction of official records may be implemented only upon
approval of, or following the guidelines set by, the National Archives
of the Philippines; and

(3) A specification of the rules 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 shalll, in coordination with the Office of
the President which has exclusive printing jurisdiction over the Official Gazette, and
with other relevant agencies, maintain a database, and publish the same in print 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, 1985 to the present,
including but not limited to, executive orders, presidential
proclamations, administrative orders, memorandum circulars, general
orders, and other similar issuances;

()A database of all appointments and designations made by the
President of the Philippines; and

(4) Opinions of the Secretary of Justice, the Office of the Solicitor General,
the Presidential Legal Counsel, Office of the Government Corporate
Counsel, and the Congressional legal offices.

SECTION 10. 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, because of illiteracy
or disability, is unable to make a written request may make an oral request, and the
public official or employee 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 preferred means by which the government
agency shall communicate such information to the requesting party: 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 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 agency/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.

(©) 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.

(a) 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.

(©) The government agency shall comply with such request as soon as practicable,
and in any case within seven (7) 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 a person, the same shall be provided within a non-extendible
period of two (2) working days from the receipt of the request.

(f) The period of seven (7) days may be extended whenever there is a need for any of
the following:

(1) To search for and collect the requested information from field facilities or
other establishments that are separate from the office processing the request;

(2) To search for, collect and appropriately examine a voluminous amount of
separate and distinct information which are demanded in a single request;
and

(8) To consider fortuitous events or other events due to force majeure or other
analogous cases.

(g) The government agency shall, notify in writing 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 fifteen (15) working days from the original deadline.

(h) 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, Provided further, that such transfer of request shall
be made within the original seven- (7) working day period.

SECTION 11. Processing Fees. - Government agencies shall not charge any
processing fees, but may charge for the reimbursement of the actual cost of
reproduction, copying or transcription and the communication of the information
requested. An agency may waive these charges 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 12. 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
seven (7) working 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 the remedies. In case the denial is by reason of a claimed
exception, the denial shall also state clearly the legitimate aim or interest that will
result in the disclosure of the information. 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.

SECTION 13. Remedies in Cases of Denial. -
(a) Inall government agencies other than the judicial branch-

(1)A person whose request for information has been denied may file an
administrative appeal following the procedure mentioned in Section
16 (a) (8) of this Act: Provided, That the administrative appeal must be
filed within fifteen (15) calendar days from the receipt of the notice of
denial and the appeal must be decided within fifteen (15) calendar
days from filing. Failure of the government agency to decide within
the aforesaid period shall constitute a denial of the appeal; and

(2)'The 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. Such complaint 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 complaints filed pursuant to this Section
Unless restrained or enjoined, the decision of the Office of the
Ombudsman shall be immediately executory, without prejudice to
review in accordance with the Rules of Court.

In resolving a complaint or petition brought under the preceding paragraphs,
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, such as filing a verified petition for mandamus
or any applicable or appropriate remedy, in the proper court, alleging the facts with
certainty and praying that judgment be rendered ordering the respondent 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. Unless
restrained or enjoined, the decision of the court shall be immediately executory,
without prejudice to review in accordance with the Rules of Court.

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

(a) ‘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 provide legal assistance to the requester in availing of the
remedies provided under this Act.

SECTION 14. Mandatory Disclosure of Information. - (a) Subject to Section 7 of this
Act, all government agencies shall upload on their websites, the following
information within fifteen (15) days from their availability or in case of agreements
such as contracts, memoranda, from the date such agreement is entered into :

(1) Budget information, including: Annual Budget; Itemized Monthly
Collections and Disbursement; Summary of Income and Expenditures; and
Component of the IRA Utilization.

(2) Procurement information, including: Annual Procurement Plan and
Procurement List; Items to Bid; Bid Results on Civil Works, Goods and
Services; and Abstract of Bids as Calculated,

(3) A register of the following transactions:
() Procurement contracts entered into by a government agency;

(ii) Construction or concession agreements or contracts entered into by a
government agency or government-owned-or controlled corporation
with any domestic or foreign person or entity;

(iii) 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;


(iv) Public funding extended to any private entity;

(v) Bilateral or multilateral agreements and treaties in defense, trade,
economic partnership, investments, cooperation and similar binding
agreements;

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

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

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

(&%) 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 (P50,000,000.00) shall be uploaded in full on the website of the
concerned government agency or the Official Gazette Online. A covered information
shall be enrolled in the register not later than 30 working days from its perfection or
issuance.

(4) Agency information, including:
(i A description of its mandate, structure, powers, functions, duties and
decision-making processes;

(ii) A description of the frontline services it delivers and the procedure
and length of time by which they may be availed of;

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

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

(v) Important rules and regulations, orders or decisions: Provided, that

10


they shall be published within fifteen (15) calendar days from
promulgation;

(vi) Categories of documents and current and important database and
statistics that it generates; and

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

(b) The information uploaded in the website under letter (a) of this Section may be
withdrawn after a period of three (3) years from the time of uploading: Provided,
‘That an abstract of the information withdrawn shall remain uploaded in the website,
containing a brief description of the transaction and an enumeration of the
information withdrawn, and indicating the dates of posting and withdrawal;
Provided further, That in case the information covers an ongoing project, such
information shall remain in the website even three (3) years after the termination of
said project.

(©) Should an agency lack the capacity to comply with letter (a) of this Section, the
agency shall initiate a capacity-building program, or coordinate with another
appropriate agency, to facilitate substantive compliance not later than one (1) year
upon approval of this Act. An agency’s failure to comply with letter (a) of this
Section shall make the responsible official/s liable under Section 16 of this Act.

SECTION 15. Promotion of Freedom of Information in Government. - (a) Duty to
Publish Information - Government agencies shall regularly publish, print and
disseminate at no cost to the public and in an accessible form, in conjunction with
R.A. 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

1


be published within fifteen (15) calendar days from promulgation;
(6) Current and important database and statistics that it generates;
(2) 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.

(©) 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 of best practices in relation to
information disclosure, records maintenance and archiving.

(d) Freedom of Information Manual - For the effective implementation of this Act,
all government agencies shall prepare and regularly update a Freedom of
Information (FO!) 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;

12


(9) The schedule of fees/ charges;

(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.

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

SECTION 16, Administrative Liability & Criminal Liability. - The penalty of
imprisonment of not less than one (1) month but not more than one (1) year shall be
imposed upon:

(a) Any public officer or employee receiving the request under Section 10 of this Act
who shall fail to promptly forward the request 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) Any public officer or employee responsible for officially acting on the request,
who shall:

(1) Fail to act on the request within the periods required by this Act;
(2) Knowingly deny the existence of existing information,

(8) Destroy information being requested for the purpose of frustrating the
requester’s access thereto;

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

(5) Refuse to comply with the decision of his immediate supervisor, the
Ombudsman or the Court ordering the release of information that is not
restrained or enjoined by a Court;

(©) The head of office of the government agency directly and principally responsible
for the negotiation and perfection of any of the transactions enumerated in Section
14(a) of this Act, who shall knowingly refuse to direct the mandatory posting or
uploading of such transaction despite the agency’s capacity to implement such
directive, Provided that, the public officer or employee who, despite a directive from
the head of office, to post or upload any of the transactions enumerated in Section
14(a) of this Act shall likewise be liable;

13


(d) Any public officer or employee who shall destroy, or cause to destroy, records of
information covered by Section 9(c) of this Act;

(©) Any public officer who formulates 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; or

() Any public or private individual who knowingly induced or caused the
commission of the foregoing acts under this section.

The foregoing shall be without prejudice to any administrative liability of the
offender under existing law and regulations.

SECTION 17. 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.

SECTION 18. 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

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version of the Official Gazette or in any newspaper of general circulation for
purposes of compliance with the publication requirement.

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, for any reason, any section or provision of this
Act is held unconstitutional or invalid, no other section or provision shall be
affected.

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.

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