HOUSE F REPRESENTATIVES
RECEFVED
DATE 30 JUN 2016

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

SEVENTEENTH CONGRESS

FIRST REGULAR SESSION REGISTRATION UNT
BILLS AND INDEX SERVICE

House BILL No, __463

Introduced by CIBAC Party List Representative
Sherwin Tugna

AN ACT PROMOTING AND ENFORCING THE RIGHT OF THE PEOPLE TO.
INFORMATION ON MATTERS OF PUBLIC CONCERN, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

The right of the people to information held by the government is an indispensable
element of a functioning representative democracy. The ideal "government by the
people” presupposes that the people have access to information held by the
government in order to effectively exercise its governing power. As observed by the
Philippine Supreme court in one case, “There can be no realistic perception by the
public of the nation's problems, nor a meaningful democratic decision-making if they are
denied access to information of general interest." The free flow of information about the
affairs of government paves the way for debate in public policy, and fosters
accountability in government.

The right of the people to information held by the government is not only a
political imperative. It is also essential in economic life. A free flow of information on
matters of public information results in better government policies. It provides
institutional foundation for a more responsive government planning by enhancing the
capacity of the public to provide timely feedback to government. The availability of
information held by the government widens the base for the generation to more
knowledge about key development issues, not only by researchers and academic
institutions, but also by the public at large. It promotes constructive and informed
debate between and among government and stakeholders, and builds consensus

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around policy objectives and over-all framework. All these promote more informed
government interventions supported by a solid and broad-based constituency.

A free flow of information held by the government is also a vital safeguard
against corruption and rent-seeking in government. The economic costs of corruption
and rent-seeking are well known. There is loss in consumer surplus arising from higher
prices, as well as loss in output because resources are wasted in rent-seeking activities
such as bribery. Secrecy in government makes corruption flourish. It gives government
officials and rent-seekers alike a wider room for maneuver and a greater cover for any
evidence in corruption. In contrast, transparency exposes the vested interests involved,
leads to the identification of corrupt officials, and eventually develops a more level
playing field among economic actors.

Finally, a free flow of information held by the government enhances economic
performance. The availability of information of official rules, policies, programs, and
resource allocation enables the private sector to make sound long-term, economic
decisions. This, in turn, advances economic efficiency and competitiveness.

The Philippine Constitution guarantees the right of its people to information on
matters of public concern. Section 7 of the Bill of Rights states:

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 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.

Jurisprudence has clarified key aspects of the right of the people to information
on matters of public concern, particularly its nature and scope. As regards its nature,
the Philippine Supreme Court has proclaimed that the right to information is not a


private right but a public right, which may be asserted by any citizen. With respect to its
enforceability, the Philippine Supreme Court in the case of Legazpi vs. Civil Service
Commission has ruled that the Constitutional provisions on the right to information are
self-executing. As to the scope of the guarantee, the right covers information which
relates to matters of public concern.

Despite the Constitutional guarantee and the judicial affirmation of the right,
denial of access to information held by the government remains prevalent. This
situation will be mitigated by a law which grants every citizen the right to access
information on matters of public concem. This will complement the existing
Constitutional guarantee and relevant jurisprudence.

In view of this, this bill seeks to:

(a) Put in place a uniform, speedy and effective means of enforcing the right to
information on matters of public concern;

(b) Provide a clear penalty for the unlawful denial of the right to information on
matters of public concern; and

(c) Clarify further the scope of the guarantee by defining its coverage,
exceptions, process of enforcing right, and prescribing reasonable limitations.

Immediate passage of the bill is earnestly sought.

herwin Tugna


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

SEVENTEENTH CONGRESS:
FIRST REGULAR SESSION

HOUSE BILL NO. __ 463

Introduced by CIBAC Party List Representative
Sherwin N. Tugna

AN ACT PROMOTING AND ENFORCING THE PEOPLE’S RIGHT TO INFORMATION
ON MATTERS OF PUBLIC CONCERN, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. - This Act shall be known as"The People’s Right to Public
Information Act of 2016".

SECTION 2. Declaration of Policy. — Section 7 of the 1987 Constitution recognizes that
the right to information on matters of public concern is a basic and indispensable right of
the people. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, is guaranteed. Therefore, the State 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. Promoting and
enforcing the people's right to public information ensures that people will be able to
effectively and reasonably participate at all levels of social, political and economic
decision making.

SECTION 3. Coverage. — This Act shall cover government agencies defined under this
Act.

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

(a) “Information” shall refer to data that have been processed into a record,
document, paper, report, letter, contract, minutes and transcripts of official
meetings, maps, books, photographs, 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 of 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) “Government agency/agencies" shall refer to the executive, legislative and
judicial branches as well as constitutional bodies of the Republic of the
Philippines including, but not limited to, the national government 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.

(c) “Official record/records” shall 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, regardless of whether the information is in
the draft, final, or any other stage or status.

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

SECTION 5. Right of Access to information. - Every Filipino citizen has a right to 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.

SECTION 6. Presumption. - There shall be a legal presumption in favor of access to
information. No request for information shall be denied unless it clearly falls under the
exceptions provided under this Act.

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

(a) The information is specifically authorized to be kept secret under guidelines
established by an executive order, and in fact properly classified pursuant
thereto: Provided, That 1) The information directly relates to national security or
defense and its revelation 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 may weaken the negotiating position of the government in an ongoing
bilateral or multilateral negotiation or seriously jeopardize the diplomatic relations
of the Philippines with any state; Provided, further, That the executive order shall
specify the reasonable period after which the information shall be automatically

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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 consist of records of minutes, records of advice given or records
of 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 by reason 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 may:

(i) compromise or interfere with any legitimate military or law enforcement
operation, or

(ii) compromise or interfere with the legitimate prevention, detection or
suppression of criminal activity, or the legitimate implementation of immigration
controls and border security, or

(iil) 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

(iv) disclose legitimate techniques and procedures for law enforcement
investigations or prosecutions, or would disclose legitimate guidelines for law
enforcement investigations or prosecutions if such disclosure could reasonably
be expected to risk circumvention of the law, or

(v) endanger the life or physical safety of any individual

(d) The information requested consists of drafts of orders, resolutions, 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 either House of Congress, or and
committee thereof, 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 constitute an
unwarranted invasion of his or her personal privacy, unless it forms part of a
public record, or the person is or was an official of a government agency and the
information relates to his or her public function or the person has consented, in
writing, to the disclosure of the information;


(g) The information requested pertains to trade secrets and commercial or financial
information obtained from a natural or juridical person other than the requesting
party, obtained in confidence or covered by privileged communication, and/or
filed with a government agency, whenever the revelation thereof would 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 from disclosure by law or by the
Constitution, in addition to those provided in this section,

(j) The information has already been made accessible as provided in Section 13 of
this Act.

For letters (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 officers duly
designated by him: Provided, That:

(1) The exceptions are strictly construed;

(2) The exceptions are not used to cover-up a crime, wrong-doing, graft, or
corruption;

(3) 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;

(4) 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;

(5) Whenever the information requested is part of a record, whose other parts are
covered by an exception, but may be reasonably severed from a record, the
responding official shall either sever the information not covered by the exception
and communicated it to the requester, or he shall edit the exempt information and
render it suitable for public disclosure and release the record to the requester
with a specific identification of the parts which were edited; and

(6) Even if the information requested falls under the exceptions set forth in this
Section, access to information shall not be denied if public interest in the
disclosure of the information outweighs public interest in securing its
confidentiality.


SECTION 8. Mandatory Disclosure of Information. - Government agencies are
mandated to regularly disclose the following information in the duration and manner
provided hereunder:

(a) In fulfillment of Article XI, Section 17 of the Constitution, the following national
officials shall disclose to the public, through their official website, their Statement
of Assets, Liabilities, and Net worth (SALN) on an annual basis:

(1) the President;

(2) the Vice- President;

(3) the Members of the Cabinet;

(4) the Members of Congress;

(5) the Justices of Supreme Court;

(6) the Members of Constitutional Commissions and other constitutional
offices; and

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

(b) All agencies of all branches of government shall upload on their websites, which
shall be updated monthly, a register of the following public interest transactions,
documents or records, including:

(1) Annual Budget of Government Agencies;

(2) Itemized Monthly Collections and Disbursement;

(3) Summary of Income and Expenditures;

(4) Component of the IRA Utilization;

(5) Annual Procurement Plan and Procurement List;

(6) Items to Bid;

(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;

(10) 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, as amended by Republic Act
No. 7718, authorizing the financing, construction, operation

and maintenance of infrastructure projects;

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

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

(16) Loans from domestic and foreign financial institutions;


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

(18) Compromise agreements entered into by a government agency with any
person or entity; and

(19) Statement of Assets and Liabilities (SALN) of public officers having a salary
grade “27”; Provided that the agency shall make available to the public all the
SALNs of its public officers.

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 record shall be enrolled in
the register not later than 30 working days from its perfection or issuance.

(c) Each government agency shall 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 People’s Right to Public Information Manual in full;

(2) A description of its mandate, structure, powers, functions, duties, and
decision-making processes;

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

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

(5) The Statement of Assets and Liabilities of the public officers of the
government agency;

(6) Work programs, development plans, investment plans, projects, performance
targets and accomplishments, and budgets, revenue allotments and
expenditures;

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

(8) 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;

(9) 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;

(10) Current and important database and statistics that it generates;

(11) Bidding processes and requirements; and

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


(d) All government agencies shall over time endeavor and build the capacity and
practice to upload in full all other contracts, agreements, or treaties covered
under this section 8 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.

(e) Should an agency lack the capacity to comply with the website uploading
requirement of this section, the agency shall initiate a capacity-bullding program,
coordinate with another appropriate agency, or use an alternative mechanism, to
facilitate substantive compliance not later than three (3) years from the effectivity
of this Act. The National Computer Center shall monitor all government agency
websites and render the appropriate support for their development and full
compliance with the requirements of this Act.

(

For purposes of improving capability, every government agency shall ensure the
provision of adequate training for its officials to improve awareness of the
people's ownership of government information and the provisions of this Act, and
to keep updated as to best practices in relation to information disclosure, records
maintenance and archiving.

In order to develop accessibility of language and form, every government agency
shall endeavor to translate key information into major Filipino languages and
present them popular form and means.

SECTION 9. People’s Right to Public Information Manual. —

(a) For the effective implementation of this Act, all government agencies shall prepare a
People's Ownership of Government 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 government
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;

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(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 fees;

(10) The process and procedure for the mandatory disclosure of information 29
under Section 8 of this Act: Provided, That should the agency lack the capacity to
fully comply therewith, 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
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 who 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
included in the People's Right to Public Information Manual.

SECTION 10. 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 goverment 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.

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SECTION 11. Procedure of Access. —

(a) Any person who wishes to obtain information shall submit, free of charge, a request
to the government agency concerned personally, by mail, or through electronic means.
A person who is unable, because of illiteracy or due to being a person with disability, to
make a written request for information may make an oral request, and the public official
who receives the oral request shall reduce it to writing, and include his 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 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 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 requesters and particularly those with special needs, to comply
with the request requirements under this section,

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

(d) The request may indicate the requesting party's preferred mode and means of
receiving the information requested, provided that the mode and means are reasonable
taking into consideration equipment normally available to the concerned government
agency.

(e) A government agency may communicate the information requested in a form other
than the preferred means whenever the agency has no capability in communicating the
information in the preferred format, or such preferred means would unreasonably
interfere with the effective operation of the agency or 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

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agency's field or satellite offices, examination of voluminous records, the occurrence 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 shall pay the required access and processing fees.

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 also 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 the receipt of the agency to which the
request is transferred,

SECTION 12. 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.

SECTION 13. Exemption From Compliance. - The government agency is 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 14 of this Act.

SECTION 14. Notice of Denial, - (A) 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 shalll 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.

SECTION 15. Remedies in Cases of Denial. - (A) In all government agencies other than
‘the judicial branch:

(1) Every denial of a request for access to information may be contested by a Request
for Administrative Reconsideration to the same responsible official who originally denied

13


the request or by an Administrative appeal to the Head of Agency, following the
procedure mentioned in Section 10 (a) (8) and Section 14 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: Provided, Further, That every Notice of Denial shall include check-box options to
be checked or marked by the requester for the Immediate Administrative
Reconsideration or Appeal to the head of the agency. If the requester, after indicating
his desired remedy, submits his Request for Administrative Reconsideration or Appeal
with the government official communicating the Notice of Denial to the requester, that
government official shall be responsible for immediately coursing the Request for
Administrative Reconsideration or Appeal to the appropriate official or head of the
agency: Provided, Finally, That the requester may, in addition to and together with his
Request for Reconsideration or Appeal, submit further arguments to strengthen request;

(2) Instead of appealing or after the denial of the appeal, 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, taking into account such factors as the nature of the information requested,
context of the request, public interest and 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 decisions of the Office of the Ombudsman shall be
immediately executory, without prejudice to review in accordance with the Rules of
Court;

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

(4) In resolving a Complaint or Petition brought under the preceding paragraphs (2) and
(3), the Ombudsman or the court is empowered to receive the information subject of a
claim of exception under Section 7 herein and examine them in camera to determine
the sufficiency of the factual and legal basis of such claim, when such sufficiency cannot
be reasonably determined through evidence and circumstances apart from the
information.

(B) In the Judicial Branch - The Judiciary shall be governed by such remedies as
promulgated by the Supreme Court.

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

(D) The remedies available under this Act shall be exempt from the rules on non-
exhaustion of administrative remedies and the application of the provisions of Republic
Act No, 9285, otherwise known as the Alternative Dispute Resolution Act of 2004.

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

SECTION 16, Keeping of Records. - (A) Government agencies shall create and/or
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 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. In addition, the
National Archives of the Philippines shall likewise identify specific and classes of official
records that it shall require agencies to preserve and transfer to it.

(C) In addition to the specific and classes of official records identified for preservation
under letter (8) 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;
(3) The declaration under oath of the assets, liabilities and net worth of public
officers and employees, as required by law; and
(4) Records of official investigations pertaining to allegations of graft and
corruption of public officers.
(D) Government agencies shall prepare, following standards and period promulgated
pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act of
2007, a records management program that includes the following:

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

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(2) 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 the official
records may be implemented only upon approval of the National Archives of the
Philippines, and

(3) A specifications of the 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 the same in print 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.

SECTION 17. 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

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

SECTION 18. Administrative Liability. - The acts enumerated in this Section shall be
tantamount to grave administrative offenses 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 11 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) Refusal to comply with the decision of his immediate supervisor, the
Ombudsman, or of any court ordering the release of information;

(d) Approval of policies, rules and regulations clearly 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.

SECTION 19. Criminal Liability. - (a) Any public official or employee who falsely denies
or conceals the existence of information which is a proper subject 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 of the Revised Penal Code.

(c) Any individual who knowingly directed, 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.

(d) The penalty of arresto mayor shall be imposed upon any public officer or employee
responsible for officially acting on the request, who shall claim an exception under
Section 7 of this Act, or under the Constitution, when such claim is manifestly devoid of
factual basis.

SECTION 20. No abuse in the exercise of rights and in the performance of duties under
this Act. - Public officials and employees, in the performance of their duties under this
Act, as well as citizens in the exercise of their rights under this Act, shall act with justice,
give everyone his or her due, and observe honesty and good faith.


Public officials and employees as well as citizens shall endeavor to handle information,
kept or obtained under this Act with due care, to the end that inaccuracies and
distortions are avoided.

Any public official or employee, or citizen who, in the performance of duties or exercise
of rights under this Act, willfully or negligently causes loss, damage or injury to
another.in a manner that is contrary to law, morals, good customs or public policy, shall
compensate the latter for the damage incurred. This is without prejudice to other
remedies available to the aggrieved party under any other law for the same acts.

SECTION 21. Mere Denial in Good Faith Not a Ground for Liability. - A mere denial in
good faith of a request made pursuant to the provisions of this Act shall not constitute
grounds for administrative, civil or criminal liability.

SECTION 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.

SECTION 23. 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 24. Separability Clause. - If any section or part of this Act is held
unconstitutional or invalid, the other sections or provisions not otherwise affected shall
remain in full force and effect.

SECTION 25. 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.

SECTION 26. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation

Approved,