EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
SENATE 
S. No. "^9 5
o( ;iu si'i ci.'tnn1
*19 JUL25 P6:28
RECciVi D j i.
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT STRENGHTENING THE RIGHT OF CITIZENS TO INFORMATION HELD 
BY THE GOVERNMENT, INSTITUTIONALIZING OPEN DATA GOVERNANCE 
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The principles of transparency and accountability are cornerstones of good 
governance. Without these core principles, a democracy will not work. That 'public 
office is a public trust will be a lame constitutional maxim that will not resonate with 
citizens demanding access to governmental papers and processes; it will alienate the 
public already suffering from decades of rampant graft and corruption and the 
ostensible impunity of public officers from effective forms of redress. The failure to 
establish an open government will be a betrayal of the people as the sovereign power, 
from whom all political powers supposedly should emanate from.
Consistent with this democratic principle is Article II Section 28 of the 1987 
Philippine Constitution which provides that the State is adopting and implementing a 
policy of full public disclosure of all its transactions involving public interest. On the side 
of the citizens is a statement by Article III Section 7 which guarantees the right of the 
people to information on matters of public concern. This right is furthered bolstered by 
Article 19 of the Universal Declaration of Human Rights (UDHR) affirming the right to 
freedom of opinion and expression, which includes the freedom to receive and impart 
information. This is a confirmation that access to information is a prerequisite for 
achieving transparency and accountability in government. 
In fact, almost all 
democracies have enacted various forms of freedom of information laws. It is time we 
should enforce our own policy of full public disclosure and our commitment to good 
governance in this part of the world.


This proposed legislation guarantees the right to information by providing access 
points, procedures for access, and penalties for denial and neglect thereof. It will also 
provide clearly defined exceptions and strict legal presumption against government 
agencies claiming exemption and denying disclosure. This Freedom of Information Act 
also mandates the establishment of Open Data Governance compelling government 
agencies to provide an online platform for all government data of public interest.
This measure when enacted into law will be a significant contribution to 
institutionalizing transparency and accountability in our government. It will empower 
our citizens and make our government agencies responsive and effective. It will nourish 
and fortify public participation in policy formulation and implementation. It will help our 
fight against corruption. The passage of this bill is earnestly sought.
RISA HONTIVEROS 
U
Senator


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
' i . i ' '
SENATE 
S. No. V 9 5
'19 
JUL 25 P6 ;28
RECEIViOtiT _
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT STRENGHTENING THE RIGHT OF CITIZENS TO INFORMATION HELD 
BY THE GOVERNMENT, INSTITUTIONALIZING OPEN DATA GOVERNANCE 
AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section. 1. Short Title. - This Act shall be known as the "Freedom of Information
2 
Act of 2016."
3 
Sec. 2. Declaration o f Policy. - The State recognizes the right of the people to
4 
information on matters of public concern, and adopts and implements a policy of full
5 
public disclosure of all its transactions involving public interest, subject to the
6 
procedures and limitations provided by this Act. This right is indispensable to the
7 
exercise of the right of the people and their organizations to effective and reasonable
8 
participation at all levels of social, political and economic decision-making.
9 
Sec. 3. Coverage. - This Act shall cover all government agencies, to refer to the
10 
executive, legislative, and judicial branches as well as the constitutional bodies of the
11 
Republic of the Philippines, including the national government and all its agencies,
12 
departments, bureaus, offices and instrumentalities, constitutional commissions and
13 
constitutionally mandated bodies, local governments and all their agencies, regulatory
14 
agencies, 
chartered 
institutions, 
government-owned or -controlled 
corporations,
15 
including wholly-owned or controlled subsidiaries, government financial institutions,
16 
state universities and colleges, the Armed Forces of the Philippines, the Philippine
17 
National Police, all offices in the Congress of the Philippines including the offices of
18 
Senators and Representatives, the Supreme Court and all lower courts established by
19 
law.
20 
Sec. 4. Definition o f Terms. - As used in this Act:
21 
a) Dataset refers to an organized collection of data in a variety of forms,
22 
including tabular, geospatial, or image data files.


1 
b) Information refers to data that have been processed into a record,
2 
document, paper, report, letter, contract, minutes and transcripts of
3 
official meetings, maps, books, photographs, data, research materials, in
4 
whatever form, or films, audio and video recordings, magnetic or other
5 
tapes, electronic data, in whatever format, which are made, received or
6 
kept in or under the control and custody of any government agency
7 
pursuant to law, executive order, rules and regulations, ordinance, or in
8 
connection with the performance or transaction of official business by
9 
any government agency.
10 
c) Machine-readable refers to formats that allow data to be extracted and
11 
processed by computer programs.
12 
d) Official record refers to information produced or received by a public
13 
officer or employee, or by a government agency in an official capacity or
14 
pursuant to a public function or duty. This shall not refer to the stage or
15 
status of the information.
16 
e) Open format refers to one that is platform independent, machine
17 
readable, and made available to the public without restrictions that
18 
would impede the re-use of that information.
19 
f) Public record refers to information required by law, executive orders,
20 
rules, or regulations to be entered, kept, and made publicly available by
21 
a government agency.
22 
Sec. 5. Access to Information. -  Every person who is a Filipino citizen has a right
23 
to and shall, on request, be given access to any record under the control of a
24 
government agency. Government agencies and public officials shall have the duty to
25 
disclose and make available for scrutiny, copying, and reproduction in the manner
26 
provided by this Act, all information pertaining to official acts, transactions, or decisions
27 
as well as government research data used as a basis for policy development, subject to
28 
the exceptions enumerated under Section 7 of this Act, regardless of their physical form
29 
or format in which they are contained and by whom they were made.
30 
Sec. 6. Presumption. - There shall be a legal presumption in favor of access to
31 
information. The request for information may be denied only if it clearly falls under the
32 
exceptions provided under this Act. Accordingly, government agencies shall have the
33 
burden of proving that the information requested is exempted from disclosure.
34 
Sec. 7. Exceptions. - Access to information shall be granted unless:
35 
a) the information is specifically authorized to be kept secret under
36 
guidelines established by an executive order, and properly classified


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
30
31
32
33
34
35
1
pursuant thereto: Provided, That 1) The information directly relates to 
national security or defense and its revelation may cause grave damage 
to the national security or internal and external defense of the State; or 
2) The information requested pertains to the foreign affairs of the 
Republic of the Philippines, when its revelation shall unduly weaken the 
negotiating position of the government in an ongoing bilateral or 
multilateral negotiation or seriously jeopardize the diplomatic relations of 
the Philippines with one or more States: and provided further. That the 
executive order shall specify the reasonable period after which the 
information shall 
be automatically declassified or be subject to 
mandatory declassification review, and that any reasonable doubt as to 
classification and declassification shall be settled in favor of the right to 
information;
b) the information consists of records of minutes and advice given and 
opinions expressed during decision-making or policy formulation, 
invoked by the Chief Executive to be privileged by reason of the 
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 consists of drafts of the following: orders, 
resolutions, decisions, memoranda or audit reports by any executive, 
administrative, regulatory, constitutional, judicial or quasi-judicial body 
in the exercise of their adjudicatory and/or audit function;
d) the information requested is obtained by any committee of either House 
of Congress in executive session;
e) the information requested pertains to trade secrets and commercial or 
financial information or intellectual property obtained from a natural or 
juridical 
person other than the requesting party, whenever the 
revelation thereof would seriously prejudice the interests of such natural 
or juridical 
person 
in trade, 
industrial, 
financial 
or commercial 
competition;
f) the information is classified as privileged communications in legal 
proceedings by law or by the Rules of Court, unless the person entitled 
to the privilege has waived it;


1 
g) the information requested is exempted by law or the Constitution, in
2 
addition to those provided in this section;
3 
h) when prematurely disclosed, the information, would, in the case of a
4 
government agency that regulates or deals with the commodities
5 
markets, currencies, interest rates, securities, or financial institutions,
6 
likely lead to fraud, manipulation, or other unlawful acts or schemes
7 
involving currencies, interest rates, securities, or, in the case of other
8 
government agencies, likely frustrate the effective implementation of a
9 
proposed official action: Provided, That the information 
shall 
be
10 
accessible once the anticipated danger has ceased.
11 
i) i the information has already been made accessible as provided for in
12 
Section 12.
13 
For paragraphs (c) to (k) of this section, the determination whether any of these
14 
grounds shall apply shall be the responsibility of the head of office of the government
15 
agency in custody or control of the information, or any responsible central or field
16 
officer/s duly designated by him.
17 
Sec. 8. Qualifications to the Exceptions. -
18 
a) The exceptions in the preceding section shall be strictly construed;
19 
b) The exceptions cannot be invoked to cover-up a crime, wrongdoing,
20 
graft, or corruption;
21 
c) Whenever the information covered by an exception may be reasonably
22 
severed from a record, the record shall be released with the exempt
23 
information redacted, or the information not covered by the exception
24 
shall otherwise be communicated to the requesting party,
25 
d) The 
President, the Supreme Court, 
the Senate, the House of
26 
Representatives, and the Constitutional Commissions may waive an
27 
exception with respect to information in the custody of offices under
28 
their respective supervision or control, when they deem that there is an
29 
overriding public interest in disclosure;
30 
e) The exceptions do not constitute authority to withhold information from
31 
Congress, nor authority for the executive branch of a local government
32 
unit to withhold information from the legislative body of such local
33 
government unit.
34 
Sec. 9. Mandatory Disclosure o f Information. -
35 
a) In fulfillment of Article XI, Section 17 of the Constitution and subject to
36 
Section 5 and Section 7 (f) of this Act, the websites of their respective


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
30
31
32
33
34
35
1
offices shall provide to the public, the Statement of Assets, Liabilities, 
and Net worth (SALN) on an annual basis of the following national 
officials:
1. the President;
2. the Vice-President;
3. the Members of the Cabinet;
4. the Members of the Senate and the House of Representatives;
5. the Justices of the Supreme Court;
6. the Commissioners of the Constitutional Commissions and other 
constitutional offices; and
7. the officers of the Armed Forces with the rank of general or the 
equivalent flag rank.
b) All agencies of all branches of government shall publish in their websites 
and update on a monthly basis, a register containing the following 
information:
1. Freedom of Information Manual in full;
2. 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;
3. 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;
4. Public interest documents or records, including:
Annual Budget of Government Agencies 
Itemized Monthly Collections and Disbursement 
Summary of Income and Expenditures 
Component of the Internal Revenue Allotment (IRA) 
Utilization
Annual Procurement Plan and Procurement List 
Items for Bidding
Bid Results on Civil Works, and Goods and Services 
Abstract of Bids, as Calculated
Procurement contracts entered into by a government 
agency
I
ii
iv.
V.
vi.
vii.
viii. 
ix.


1 
X. 
Construction 
or concession 
agreements or contracts
2 
entered into by a government agency with any domestic or
3 
foreign person or entity;
4 
xi. 
Private sector participation agreements or contracts in
5 
infrastructure and development projects under Republic
6 
Act No. 6957, otherwise known as the Philippine BOT Law,
7 
as amended by Republic Act No. 7718;
8 
xii. 
Public funding extended to any private entity,
9 
xiii. 
Bilateral or multilateral agreements and treaties in trade,
10 
economic 
partnership, 
investments, 
cooperation 
and
11 
similar binding commitments;
12 
xiv. 
List of persons or entities who were granted licenses,
13 
permits or agreements for the extraction and/or utilization
14 
of natural resources given by any government agency;
15 
XV. 
Statement of Assets and Liabilities of the public officers of
16 
the government agency, and
17 
xvi. 
Guarantees 
given 
by 
any 
government 
agency 
to
18 
government-owned or -controlled corporations and to
19 
private corporations, persons or entities.
20 
The register shall contain a brief description of the transaction involved, including the
21 
nature and object of the transaction, the parties and amounts involved, the key steps
22 
undertaken towards its conclusion, and the relevant dates: Provided, That contracts and
23 
agreements involving an amount of at least Fifty Million Pesos (P50,000,000.00) shall be
24 
published in full in the website of the concerned government agency or the Official
25 
Gazette Online, subject to the succeeding section. A covered record shall be published
26 
in the website not later than thirty (30) working days from its perfection or issuance.
27 
c) All government agencies shall, over time, endeavor to build their
28 
capacity and practice to publish in full all other contracts, agreements,
29 
or treaties covered under this Section, specially those that are of the
30 
highest public interest by reason of the amounts involved and the
31 
impact of the transaction to the public. All government agencies must
32 
ensure that they have a compliant website within two (2) years from the
33 
effectivity of this Act.
34 
d) Should an agency lack the capacity to comply with the website
35 
publication 
requirement of this Section, the agency shall initiate a
36 
capacity-building program, coordinate with another appropriate agency.


1 
or use an alternative mechanism, to facilitate substantive compliance
2 
not later than three (3) years from the effectivity of this Act.
3 
Sec. 10. Promotion o f Openness in Government -
4 
a) Duty to Publish Information - In conjunction with Republic Act 9485, or
5 
the Anti Red Tape Act of 2007, government agencies shall regularly
6 
publish, print and disseminate at no cost to the public, in an accessible
7 
form, and through their website, timely, true, accurate and updated key
8 
information, including:
9 
1. a description of its mandate, structure, powers, functions, duties
10 
and decision making processes;
11 
2. a description of the frontline services it delivers and the procedure
12 
and length of time by which they may be availed of;
13 
3. the names of its key officials, their powers, functions and
14 
responsibilities, and their profiles and curriculum vitae;
15 
4. work programs, development plans, investment plans, projects,
16 
performance targets and accomplishments, and budgets, revenue
17 
allotments and expenditures;
18 
5. 5. important rules and regulations, orders or decisions: Provided,
19 
That they be published within fifteen (15) calendar days from
20 
promulgation;
21 
6. datasets generated in the implementation of agency mandates,
22 
programs, activities, and projects 
such as statistics, figures, and
23 
geospatial data;
24 
7. current and important database and statistics that it generates;
25 
8. bidding processes and requirements; and
26 
9. 9. mechanisms or procedures by which the public may participate
27 
in or otherwise influence the formulation of policy or the exercise of
28 
its powers.
29 
b) Accessibility of Language and Form - Every government agency shall
30 
endeavor to translate key information into major Filipino languages and
31 
present them in popular form and means.
32 
Sec. 11. Capacity-Building, Promotion o f Best Practices, and Continuous Updating
33 
o f Appropriate Use o f Information Technology. 
-  All government agencies shall
34 
establish, operate, and maintain a website with features that are compliant with all the
35 
provisions of this Act, within two (2) years from the effectivity of this Act.


1 
Every government agency shall ensure the provision of adequate training for its officials
2 
and employees to improve awareness of the people's right to information on matters of
3 
public concern and the provisions of this Act. Similarly, all government agencies shall
4 
endeavor to study and adopt best practices in relation to information disclosure, records
5 
maintenance, and archiving.
6 
The National Computer Center shall monitor all government agency websites and
7 
provide appropriate support for their development and ensure full compliance with the
8 
requirements of this Act.
9 
Sec. 12. Exemption from Compliance. -  The government agency shall be excused
10 
from complying with a subsequent identical or substantially similar request from the
11 
same requesting party where it has previously complied with a request for information
12 
unless a reasonable interval has lapsed between compliance with the previous request
13 
and the making of the current request: Provided, That the government agency, in
14 
denying the request, complies with Section 20 of this Act.
15 
Sec. 13. Additional Protection o f Privacy. 
-  While providing for access to
16 
information in public records, this Act also affords full protection of the right to privacy
17 
of individuals, as follows:
18 
a) a government agency must ensure that personal information in its
19 
custody or under its control is disclosed only as permitted under this Act.
20 
b) a government agency must protect personal information in its custody
21 
or under its control by making reasonable security arrangements against
22 
such risks as unauthorized access, collection, use, disclosure, or
23 
disposal;
24 
c) an employee, officer or director of a government agency who has
25 
access, whether authorized or unauthorized, to personal information in
26 
the custody of the agency, must not disclose that information except as
27 
authorized under this Act.
28 
Sec. 14. Administrative Liability. -  It shall be tantamount to gross neglect of duty
29 
and shall as a ground for administrative and disciplinary sanction against any public
30 
official or employee who willfully and knowingly commits the following acts:
31 
a) refusal to promptly forward the request under Section 18 of this Act to
32 
the public officer within the same office or agency responsible for
33 
officially acting on the request when such is the direct cause of the
34 
failure to disclose the information within the periods required by this
35 
Act;
36 
b) failure to act on the request within the periods required by this Act;


1 
c) claim an exception under Section 7 of this Act when the claim is
2 
manifestly devoid of factual or legal basis;
3 
d) refusal to comply with the decision of immediate supervisor, the
4 
Ombudsman, or of any court ordering the release of information;
5 
e) approval of policies, rules and regulations manifestly contrary to the
6 
provisions of this Act, and which policies, rules and regulations are the
7 
direct cause of the denial of a request for information.
8 
Sec. 15. Criminal Liability. -
9 
a) The following acts shall be subject to the penalty of imprisonment of not
10 
less than one (1) month but not more than six (6) months, with 
the
11 
accessory penalty of dismissal from service:
12 
1. falsely denying 
or concealing 
the 
existence 
of information
13 
mandated for disclosure under this Act; and
14 
2. destroying, or causing to 
be destroyed, 
information and/or
15 
documents being requested under this Act, for the purpose of
16 
frustrating the requesting party's access thereto.
17 
b) Any private individual who knowingly induces or causes the commission
18 
of the foregoing acts shall be liable as principal by inducement in the
19 
prosecution of public officials or employees under this section.
20 
c) The acts under paragraph (a) of this Section, if proven in an
21 
administrative proceeding, shall be subject to the penalty of dismissal,
22 
even if no criminal prosecution 
is instituted against 
the person found
23 
liable.
24 
Sec 16. Denial in Good Faith Not a Ground for Liability. -  A denial in good faith of
25 
a request for access to information made pursuant to the provisions of this Act shall not
26 
constitute grounds for administrative or criminal liability.
27 
Sec. 17. Freedom o f Information (FOI) Manual. -
28 
a) For the effective implementation of this Act, all government agencies
29 
shall prepare a Freedom of Information (FOI) Manual, setting forth 
the
30 
following:
31 
1. the location and contact information of the head, regional,
32 
provincial and field offices of the agency, and other established
33 
places where the public can obtain information or submit
34 
requests;
35 
2. the types of information it generates, produces, holds and/or
36 
publishes;


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
30
31
32
33
34
35
1
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;
9. the schedule of sen/ice or processing fees pertinent to a request 
for information;
10. the process and procedure for the mandatory disclosure of 
information under Section 9 of this Act: Provided, That, should 
the agency lack the capacity to comply with Section 9 of this Act, 
a brief description of its plan to facilitate compliance within three 
(3) years from the approval of this Act; and
11. such other information, taking into consideration the unique 
characteristics of the agency, that will help facilitate the effective 
implementation of this Act.
b) The FOI Manual shall also be posted in the agency website and a hard 
copy shall be available at the agency reception area for use by the 
public;
c) In no case shall the absence of the aforementioned FOI Manual be a 
reason for the denial of any request for information made in accordance 
with this Act.
d) The heads of each of the departments and agencies may designate 
liaison units or committees which shall coordinate with the other units of 
the agency in implementing this Act. The composition, functions, and 
duties of these liaison units or committees shall be included in the FOI 
Manual.
Sec. 18. Procedure o f Access. -
10


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
30
31
32
33
34
35
1
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 disability, to make a written request for information may 
make an oral request instead. The public officer who receives the oral 
request shall reduce it to writing, indicating therein one's name and 
position within the government agency, and give a copy thereof to the 
perso 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 the request is contrary 
to law. If the request is submitted personally, the requesting party shall 
show a current identification document issued by any government 
agency, or government or private employer or school, or a community 
tax certificate. If the request is submitted by mail or through electronic 
means, the requesting party may submit a photostatic or electronically 
scanned copy of the identification, or other convenient means as 
determined by the agency.
b) The public official receiving the request shall provide reasonable 
assistance, free of charge, to enable all requesting parties and 
particularly those with special needs, to comply with the requirements 
under this Section.
c) The request shall be duly received by the concerned government 
agency, which shall forthwith indicate the date and time of receipt and 
the name, rank, title and position of the receiving public officer or 
employee who shall likewise affix one's signature thereon, and shall 
furnish the requesting party a copy thereof. In case the request is 
submitted by electronic means, the government agency shall provide for 
an equivalent means by which the requirements of this paragraph shall 
be met. Each government agency shall establish a system by which the 
status of all requests for information received by it may be verified at 
any time.
11


1 
d) The request may indicate the requesting party's preferred mode and
2 
means of receiving the information requested, provided that the mode
3 
and 
means are reasonable, taking into consideration equipment
4 
normally available to the concerned government agency.
5 
e) A government agency may communicate the information requested in a
6 
form other than the preferred means whenever such preferred means
7 
would unreasonably interfere with the effective operation of the agency,
8 
or if the agency has no capability in communicating the information in
9 
the preferred format, or when the preferred format may be detrimental
10 
to the preservation of the record.
11 
f) The government agency shall comply with the request as soon as
12 
practicable and, in any case, within fifteen (15) working days from the
13 
receipt thereof. The period may be extended whenever the information
14 
requested requires a search of the government agency's field or satellite
15 
offices, examination of voluminous records, the occurrence of fortuitous
16 
events or other analogous cases.
17 
g) The government agency shall, in writing or through electronic means,
18 
notify the person making the request of the extension, setting forth the
19 
reasons for such extension and the date when the information shall be
20 
made available, which in no case shall result in an extension of more
21 
than twenty (20) working days.
22 
h) Once a decision is made to grant the request, the person making the
23 
request shall be notified of such and shall pay the required access and
24 
processing fees.
25 
i) If the information is not held by the government agency from which the
26 
request was made, it shall notify the requesting party that it does not
27 
hold the information and indicate which agency holds the record, if
28 
known. Whenever practicable, the agency receiving the request may
29 
also cause the transfer of the request to the appropriate agency that
30 
holds the information: Provided, That the period to comply with the
31 
request under this Section shall begin to run only upon the receipt of the
32 
agency to which the request is transferred.
33 
Sec. 19. Access and Processing Fees. 
-  Government agencies may charge a
34 
reasonable fee to reimburse the actual cost of reproduction, copying or transcription,
35 
and the communication of the information requested. An agency may waive the fees
12


1 
whenever it is satisfied that the requester is an indigent, or that the cost of
2 
reproduction is negligible, or that it is pursuant to a program for proactive disclosure.
3 
Sec. 20. Notice o f Denial. - If the government agency decides to deny the
4 
request, in whole or in part, it shall, as soon as practicable, and in any case within
5 
fifteen (15) working days from the receipt of the request, notify the person making the
6 
request of such denial in writing or through electronic means. The notice shall indicate
7 
the name, rank, title or position of the person making the denial, clearly set forth the
8 
ground or grounds for denial and the circumstances on which the denial is based, and
9 
indicate available rights of reconsideration or appeal. Failure to notify the person
10 
making the request of the denial, or of the extension, shall be deemed a denial of the
11 
request for access to information.
12 
Sec. 21. Remedies in Cases o f Denial. -
13 
a) In all government agencies other than the judicial branch -
14 
1. A denial of a request for access to information may be appealed to
15 
the Head 
of Agency, following the procedure required under
16 
Section 17 (a) (8) of this Act: Provided, That the appeal must be
17 
filed within fifteen (15) calendar days from the receipt of the notice
18 
of denial and must be decided within fifteen (15) calendar days
19 
from filing. Failure to resolve the appeal within the aforementioned
20 
period shall constitute a denial of the appeal.
21 
2. A person denied access to information may file a verified complaint
22 
with the Office of the Ombudsman, praying that the government
23 
agency concerned be directed to immediately afford access to the
24 
information being requested. The Office of the Ombudsman shall
25 
promulgate its special rules of procedure for the immediate
26 
disposition of complaints 
filed pursuant to this Section. Unless
27 
restrained 
or enjoined, 
the decision 
of the Office of the
28 
Ombudsman shall be immediately executory, without prejudice to
29 
review in accordance with the Rules of Court.
30 
3. A party whose request for information has been denied, whether or
31 
not such decision has been appealed to the head of an agency,
32 
may file a verified petition for mandamus in the proper court,
33 
alleging the facts with certainty and praying that judgment be
34 
rendered, ordering the respondent immediately or at some other
35 
time to be specified by the court, to disclose the information and to
36 
pay the damages sustained by the requesting party by reason of
13


1 
the denial. The procedure for such petition shall be summary in
2 
nature.
3 
In resolving a complaint or petition brought under paragraphs (2) and (3)
4 
hereof, the Ombudsman or the court is empowered to receive the
5 
information subject of a claim of exception under Section 7 herein, and to
6 
examine them in camera to determine the sufficiency of the factual and
7 
legal basis of such claim, when the sufficiency cannot be reasonably
8 
determined 
through 
evidence 
and 
circumstances 
apart 
from 
the
9 
information.
10 
b) In the Judicial Branch -  The Judiciary shall be governed by remedies as
11 
promulgated by the Supreme Court.
12 
The remedies under this section shall be sought or granted without
13 
prejudice to any other administrative, civil or criminal action covering the
14 
same act.
15
16 
The remedies available under this Act shall be exempt from the rules on non-exhaustion
17 
of administrative remedies and the application of the provisions of Republic Act No.
18 
9285, otherwise known as the Alternative Dispute Resolution Act of 2004.
19 
In case the requesting party has limited or no financial capacity, the Public Attorney's
20 
Office is mandated to provide legal assistance to the requesting party in availing of the
21 
remedies provided under this Act.
22 
Sec. 22. Keeping o f Records. —
23 
a) Government agencies shall create and maintain in appropriate formats,
24 
accurate and reasonably complete documentation or records of their
25 
organization, policies, transactions, decisions, resolutions, enactments,
26 
actions, 
procedures, 
operations, 
activities, 
communications 
and
27 
documents received or filed with them and the data generated or
28 
collected. These shall include working files such as drafts or notes,
29 
whenever these have been circulated within the agency for official
30 
purpose such as for discussion, comment or approval or when these
31 
contain unique information that can substantially contribute to a proper
32 
understanding of the agency organization, 
policies, 
transactions,
33 
decisions, resolutions, enactments, actions, procedures, operations, and
34 
activities;
35 
b) Government agencies, in coordination with the National Archives of the
36 
Philippines, shall identify specific and classes of official records in their
14


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
30
31
32
33
34
35
1
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 
proper 
documentation if and when the records are transferred to the National 
Archives of the Philippines.
c) In addition to the specific and classes of official records identified for 
preservation under letter (b) of this section, the following shall not be 
destroyed:
1. records pertaining to loans obtained or guaranteed by the 
government;
2. records of government contracts involving amounts Fifty Million 
Pesos (Php 50,000.00) or more, or related to infrastructure, 
public and private partnerships, utilities, or other important 
projects;
3. the original Declarations under oath of the assets, liabilities and 
net worth of public officers and employees submitted to the 
Office of the Ombudsman, as required by law; and
4. records of official investigations pertaining to allegations of graft 
and corruption of public officers.
d) Government agencies shall prepare, according to the standards set in 
and within the period mandated by Republic Act No. 9470 or the 
National Archives of the Philippines Act of 2007, a records management 
program that includes the following:
1. a records maintenance system for the creation, selection, 
classification, indexing and filing of official records that facilitate 
the 
easy 
identification, 
retrieval 
and 
communication 
of 
information to the public;
2. a 
records 
maintenance, 
archival 
and 
disposition 
schedule 
providing a 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. identification of the specific roles and responsibilities of agency 
personnel in the implementation of such system and schedule.
15


1 
e) In addition to its function as repository of all rules and regulations
2 
issued by agencies as provided under Book VII, Chapter II of the
3 
Administrative Code of 1987, the University of the Philippines Law
4 
Center shall, in coordination with the Office of the President which has
5 
exclusive editorial and printing jurisdiction over the Official Gazette, and
6 
with other relevant agencies, maintain a database, and publish in the
7 
Official Gazette or in digital or online form, the following:
8 
1. all laws of the Philippines and their amendments, from the period
9 
of the Philippine Commission to the present;
10 
2. all presidential issuances from November 15, 1935 to the present,
11 
including but not limited, to executive orders, presidential
12 
proclamations, administrative orders, memorandum circulars,
13 
general orders, and other similar issuances;
14 
3. a database of all appointments and designations made by the
15 
President of the Philippines; and
16 
4. opinions rendered by the Secretary of Justice.
17 
Sec. 23. Publication in the Official Gazette. - For purposes of mandatory
18 
disclosure as provided in Section 9 of this Act, the publication in the Official Gazette
19 
website shall be considered official publication provided there shall be a timestamp in
20 
the said document.
21 
For purposes of compliance with Article 2 of the Civil Code of the Philippines,
22 
publication of the following in the online version of the Official Gazette, with the
23 
corresponding timestamps on the document, shall be considered as official publication:
24 
a) All important legislative acts and resolutions of a public nature of the
25 
Congress of the Philippines;
26 
b) All executive and administrative orders and proclamations of general
27 
application;
28 
c) Decisions or abstracts of decisions of the Supreme Court and the Court
29 
of Appeals or other courts of similar rank, as may be deemed by said
30 
courts of sufficient importance to be so published;
31 
d) Such documents or classes of documents as the President shall
32 
determine from time to time to have general application or which he
33 
may authorize to be published.
34 
However, other documents or classes of documents as may be required to be published
35 
by law, such as petitions and/or legal notices in connection with land titles,
36 
naturalization or special proceedings shall continue to be published in the print version
16


1 
of the Official Gazette or in any newspaper of general circulation for purposes of
2 
compliance with the publication requirement.
3 
Sec. 24. Act Not a Bar to Claim o f Right to Information Under the Constitution. -
4 
No provision of this Act shall be interpreted as a bar to any claim of denial of the right
5 
to information under Article III, Section 7 of the 1987 Constitution.
6 
Sec. 25. Publication o f Government Data in the Open Data Philippines Website. - 
1 
For purposes of enhancing the public's access to government information and abiding
8 
by the Philippines' international commitments to transparency and government
9 
openness, all government agencies shall publish in the Open Data Philippines website,
10 
datasets generated in the implementation of agency mandates, programs, activities,
11 
and projects. These datasets shall be updated, whenever permissible, at least once in
12 
every quarter of every year.
13 
The Open Data website shall be maintained and administered by an Open Data Task
14 
Force under the Office of the President, or any such similar body designated by the
15 
President for this purpose.
16 
For the purpose of making government data more accessible to the public, all datasets
17 
published on the Open Data Philippines website and on LGU W
18 
Data Philippines website and on LGU website Section 9 of this Act shall be, whenever
19 
practicable, of a machine-readable and open format.
20 
Sec. 26. Tracking Requests for Information. - Websites of government agencies
21 
shall contain a matrix of requests made, their status, and the decision regarding the
22 
request. The matrix shall also contain links to uploaded information from approved
23 
requests. In such cases where requests are denied, the matrix shall contain the reasons
24 
for denial and the status of the appeal if such is done.
25 
Sec. 27. Release to One, Release to AH. - For purposes of streamlining requests
26 
for information, once an information has been made available to an individual through a
27 
request for information, the said dataset shall also be published in an appropriate
28 
website such as, but not limited to, the Open Data Philippines website. Official Gazette
29 
website. Departmental website, or Local Government website thus allowing the public
30 
access to all information that has been requested.
31 
Sec. 28. Integration o f Freedom o f Information (FOI) and Good Governance In
32 
Elementary and Secondary Curriculum. - To ensure well-informed generations of
33 
citizens, the right to information, the principles of accountability and transparency,
34 
democracy and leadership, and good governance shall be integrated in such subjects as
35 
Heyograpiya, Kasaysayan at Sibika (HEKASI) and Araling Panlipunan in the elementary
36 
level and in such subjects as Social Studies and Makabayan or its equivalent subjects in
17


1 
high school level. The Department of Education, in coordination with the Civil Service
2 
Commission and other relevant offices, shall prepare the necessary modules and
3 
teaching programs consistent with the objectives of this Act.
4 
Sec 29. Annual Reports on Actions Taken on Requests for Access to Information.
5 
- All government agencies shall prepare, for each fiscal year, a report on the number of
6 
requests for information they received, processed, granted and denied; of appeals
7 
made from denials of such requests; and of pending court actions they are a party to as
8 
result of such requests. These reports may be integrated in the main annual reports of
9 
government agencies and may be posted and published in their respective websites.
10 
Sec. 30. Appropriations. -  The amount necessary to carry out the provisions of
11 
this Act shall be charged against those authorized in the current and subsequent
12 
General Appropriations Acts.
13 
Sec. 31. Separability Clause. 
- If any provision of this Act is declared
14 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
15 
remain in full force and effect.
16 
Sec. 32. Repealing Clause. 
-  All laws, decrees, executive orders, rules and
17 
regulations, issuances or any part thereof inconsistent with the provisions of this Act,
18 
including Sections 18 on Operation and Effect of Laws, 24 and 25 on the Contents,
19 
Editing and Publications of the Official Gazette, Book I, of Executive Order No. 292 or
20 
the Administrative Code of 1987 in relation to Article 2 on Effect and Application of
21 
Laws of Republic Act No. 386 or the Civil Code, Memorandum Circular No. 78 dated 14
22 
August 1964 (Promulgating Rules Governing Security of Classified Matter in Government
23 
Offices), as amended, and Section 3, Rule IV of the Rules Implementing Republic Act
24 
No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees),
25 
are deemed repealed: Provided, That Memorandum Circular No. 78 shall be deemed
26 
repealed after one (1) year from the effectivity of this Act or upon issuance of the
27 
Executive Order in Section 7(a).
28 
Sec. 33. Effectivity. - This Act shall take effect fifteen (15) days after its
29 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,
18