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Republic of the Philippines m
HOUSE OF REPRESENTATIVES DATE November 16, 2022 (9)
‘Quezon City * TIME 935am
sy Bai
NINETEENTH CONGRESS Xo
First Regular Session

Wo inpex

HOUSE BILL NO._ 6161
Introduced by Representative Joseph Gilbert F. Violago

EXPLANATORY NOTE

Article Ill, Section 7 of the 1987 Constitution provides that “The right of the
people to information on matters of public concem 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.” Likewise, subject to reasonable conditions prescribed by law, the
State adopts and impiements a policy of full public disclosure of all its transactions
involving public interest. (Art. II, Sec. 28)

According to the Supreme Court of the Philippines, these provisions “are aimed
at ensuring transparency in policy-making as well as in the operations of the
Government, and at safeguarding the exercise by the people of the freedom of
expression. In a democratic society like ours, the free exchange of information is
necessary, and can be possible only if the people are provided the proper information
on matters that affect them.”!

‘This proposed measure grants every Filipino citizen the right to be given access
to any record under the control of a government agency, on request. Consequently,
government agencies and public officials are obligated to disclose and make available
for scrutiny, copying, and reproduction 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. The proposed measure convers all government
agencies, constitutional bodies, the national down to the local governments,
govemment-owned-and-controlled corporations (GOCCs), financial institutions,
among others. There are also provisions for the promotion of openness in the
government, as well as administrative and criminal liabilities for violations of the
proposed bill.

‘This commendable bill had been first filed in the 15" Congress by Rep. Rodolfo
Biazon, and Rep. Marcelino Teodoro, among others, as principal authors, Similar bills

* Sereno v. Committee on Trade and Related Matters (CTRM), G.R. No. 175210, February 1, 2016.


had been filed in the 16", 17" and 18 Congress and the present proponent is
acknowledging the wisdom and hard work of his predecessors.

In view of the foregoing, the passage of this measure is earnestly sought.

soseioant F, VIOLAGO.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 6161
Introduced by Representative Joseph Gilbert F. Violago

AN ACT.
STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION HELD BY
THE GOVERNMENT

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 “People’s Freedom of
Information Act of 2622”.

SECTION 2. Declaration of Policy. — It is a declared policy of the State that 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 this Act. This right is indispensable to the exercise of the right of the people
and their organizations to effective and reasonable participation in all levels of social,
political, and economic decision-making.

This Act shall uphold and strengthen the right to information with due regard to the full
protection of the right to privacy of individuals.

SECTION 3. Coverage. — This Act shall cover all government agencies, to refer to the
executive, legislative, and judicial branches as well as the constitutional bodies of the
Republic of the Philippines, including 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 corporation, 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 the Senators
and Representatives, the Supreme Court and all lower courts established by law.

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


a) “Dataset” refers to an organized collection of data in a variety of forms,
including tabular, geospatial, or image data files.

b) “Information” refers to data that have been processed into record, document,
paper, report, letter, contract, minutes and transcripts of official meetings, maps,
books, photographs, data, research materials, in whatever form, or film, audio
and video recordings, magnetic or other tapes, electronic data, in whatever format,
which are made, received or kept in or under the control and 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.

c) “Machine-readable” refers to formats that allow data to be extracted and
processed by computer programs.

4) “Official record” refers to information produced or received by public officer or
‘employee, or by a governmentagency inan official capacity or pursuant toa public
function or duty. This shall refer to the stage or status of the information.

¢) “Open format” refers to one that is platform independent, machine readable, and
made available to the public without restrictions that would impede the re-use of
that information.

£) “Public record” refers to information required by law, executive orders, rules, or
regulations to be entered, kept, and made publicly available by a government
agency.

SECTION 5. Access fo Information, - Every Filipino citizen has the right to and shall,
‘on request, be given access to any record under the control of a government agency.
Government agencies and public officials shall have the duty to disclose and make
available 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 weremade.

Nothing herein contained shall allow private acts, transactions or records of public
officials and private individuals to be the subject of mandatory disclosure under this Act:
Provided, however, that income tax returns, and statement of assets, liabilities and net
worth (SALN) of public officials shall be released subject to existing laws, rules and
regulations: Provided further, that the limitations and prohibitions to make available to
the public the SALN shall not apply when, upon order of the Sandiganbayan, it has been
established that there is probable cause related to the commission of an offense.

SECTION 6. Presumption. — There shall be a legal presumption in favor of access to


information. The request for information may be denied only if its clearly falls under the
exceptions provided under this Act. Accordingly, government agencies shall have the
burden of proving that the information requested is exempted from disclosure.

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 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 shall unduly weaken the
negotiating position of the goverment in an ongoing bilateral or
multilateral negotiation or seriously jeopardize the diplomatic relations of
the Philippines with one or more States.

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
deliberation 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.

©) The information requested pertains to internal and/or external defense, law
enforcement, and border control, when the disclosure thereof would:

1. unduly compromise or interfere with any legitimate military or law
enforcement operation; or

2. unduly compromise or interfere with the prevention, detection or
suppression of criminal activity, the effective implementation of
immigration controls and border security; or

3. deprive a person of a right to fair trial or an impartial adjudication; or
4. 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 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

5. disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement
investigations or prosecutions if such disclosure could reasonably be
expected to risk circumvention of the law; or

6. endanger the life or physical safety of any individual;

4) 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;

) The information requested is obtained by any committee of either House of
Congress in executive session;

f) The information requested pertains to personal information of a natural person,
whether from the public or the private sector, and its disclosure would constitute
an unwarranted invasion of personal privacy. This may include signatures,
addresses, telephone numbers, identification numbers, names of family
members, race or ethnic, religion, health, education, sexual orientation, and
similar information, unless such information is specifically required by law to be
entered into an official record and made available to the public, o the person has
consented in writing to the disclosure of the information. To the extent required
to prevent an unwarranted invasion of personal privacy. an agency may redact
such information from a record made available to the public. However, the
justification for the deletion shall be explained fully in writing, and the extent of
such deletion shall be indicated on the portion of the record which is made
available or published;

12) 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 interest of such natural or juridical person in trade, industrial,
financial or commercial competition;

h) The information is classified as privileged communications in the legal
proceedings by law or by the Rules of Court, unless the person entitled to the
privilege has waived it;

i) The information requested is exempted by law or the Constitution, in addition to
those provided in this section;


j) When prematurely disclosed, the information, would, in the case of a
goverment agency that regulates or deals with the commodities markets,
currencies, interest rates, securities, or financial institutions, likely lead to fraud,
manipulation, or other unlawful acts or schemes involving currencies, interest
rates, securities, or, in the case other government agencies, likely frustrates the
effective implementation of a proposed official action: Provided, That the
information shall be accessible once and the anticipated danger has ceased.

k) The information has already been made accessible as provided for in Section 12.

For paragraphs (c) to (K) of this section, the determination whether any of these grounds
shall apply be the responsibility of the head of office of the government agency in the
custody or control of the information, or any responsible central or field officer/s duly
designated by him.

SECTION 8. Qualifications to the Exceptions. ~
a) The exceptions in the preceding section shall be strictly construed;

b) The exceptions cannot be invoked to cover-up a crime, wrongdoing, graft, or
corruption;

©) Whenever the information covered by an exception may be reasonably severed
from a record, the record shall be released with the exempt information redacted,
or the information not covered by the exception shall otherwise be
communicated to the requesting party;

d) 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;
and

¢) 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.

SECTION 9. Mandatory Disclosure of Information. — (a) In fulfilment of Article XI,
Section 17 of the Constitution and subject to Section 5 and Section 7 (f) of this Act, the
website of their respective 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 rank of general or equivalent flag
rank.

b) All agencies of all branches of government shall publish in their website and
update on a monthly basis, a register containing the following information:

1. Freedom of Information Manual (FIM) 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;

‘Substantive rules of general applicability adopted as authorized by law, and
statements of general policy or interpretations of general applicability
formulated and adopted by agency, including subsequent amendments;

4, Public interest documents or records, including:

i, Annual Budget Government Agencies:
Itemized Monthly Collection and Disbursement;
Summary of Income and Expenditures;
iv. Component of the Internal Revenue Allotment (JRA) Utilization;
v. Annual Procurement Plan and Procurement List;
i. 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;
Construction or Concession Agreements or contract entered into by
a government agency with any domestic or foreign person or entity;
xi, Private sector participation agreements or contracts infrastructure
and development projects under Republic Act 7718;
Public funding extended to any private entity;
|. Bilateral or multilateral agreements and treatises in trade, economic
partnership, investments, cooperation and similar binding
commitments;
xiv. List of persons or entities who were granted licenses, permits or



agreements for the extraction and/or utilization of natural resources
givenby any government agency;

xv. Statement of Assets and Liabilities of the public officer of the
government agency; and

xvi, Guarantees given by any government agency to government-
‘owned or controlled corporations and to private corporations or
entities.

‘The register shall contain a brief description 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 (Php50,000,000.00) shall be
published in full in the website of the concerned government agency or
the Official Gazette Online, subject to the succeeding section. A covered
record shall bepublished in the website not later than thirty (30) working
days from its perfection or issuance.

©) All government agencies shall, over time, endeavor to build their capacity and
practice to publish in full all other contracts, agreements, or treaties covered
under this section, especially those that are of the highest public interest by
reason of the amounts involved and the impact of the transaction to the publie.
All government agencies must ensure that they have a compliant website within
two (2) years from the effectivity of this Act.

4) Should an agency lack the capacity to comply with the website publication
requirement of this section, the agency shall initiate a capacity-building 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.

SECTION 10. Promotion of Openness in Government. ~ (a) Duty to Publish
Information- In conjunction with Republic Act 9485, or the Anti-Red Tape Act of 2007,
govemment agencies shall regularly publish, print and disseminate at no cost to the
public, in an accessible form, and through their website, timely, true, accurate and
updated key information, including:

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 the
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;

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

6. Datasets generated in the implementation of agency mandates, programs,
activities, and projects such as statistics, figures, and geospatial data:

7. Current and important database and statistics that it generates;
8. Bidding processes and requirements; and

9. Mechanism 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 endeavour
to translate key information into major Filipino language and present them in
popular form and means.

SECTION 11. Capacity-Building, Promotion of Best Practices, and Continuous
Updating of Appropriate Use of Information Technology. — All governmentagencies
shall establish, operate, and maintain a website with features that are compliant with all
the provisions of this Act, within two (2) years from effectivity of this Act.

Every government agency shall ensure the provision of adequate training for its officials
and employees to improve awareness of the people’s right to information on matters of
public concem and the provisions of this Act. Similarly, all government agencies shall
endeavor to study and adopt best practices in relation to information disclosure, records
maintenance, and archiving.

‘The National Computer Center shall monitor all government agency websites and
provide appropriate support for their development and ensure full compliance with
requirements of this Act.

SECTION 12. Exemption from Compliance. ~ The government agency shall be
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 current request: Provided, that the government
agency, in denying the request, complies with Section 20 of this Act.

SECTION 13. Additional Protection of Privacy. — While providing for access to
information in public records, this Act also affords full protection of the right to privacy



a) A government 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
authorized access, collection, use, disclosure, or disposal; and

©) An employee, officer or director of a government agency who has access,
whether authorized o authorized, to personal information in the custody of the
agency, must not disclose that information except as authorized under this Act.

SECTION 14. Administrative Liability. — It shall be tantamount to gross neglect of
duty and shall as a ground for administrative and disciplinary sanction against any
public official or employee who willfully and knowingly commits the following acts:

a) Refusal to promptly forward the request under Section 18 of this Act to the public
officer within the same office or agency responsible for officially acting on the
request when such is a 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;

©) Claim an exception under Section 7 of this Act when the claim is manifestly
devoid of factual or legal basis;

4) Refusal to comply with the decision of immediate supervisor, the Ombudsman,
or of any court ordering the release of information;

©) Approval of policies, rules and regulations manifestly contrary to the provisions
of this Act, and which policies, rules and regulations are direct cause of the denial
ofa request for information,

SECTION 15. Criminal Liability. — (a) The following acts shall be subject to the
penalty of imprisonment of not less than one (1) month but not more than six (6) months,
with the accessory penalty of dismissal from service:

1. Falsely denying or concealing the existence of information mandated for
disclosure under this Act; and

2. Destroying, or causing to be destroyed, information and/or documents being
requested under this Act, for the purpose of frustrating the requesting party’s
access thereto.

b) Any private individual who knowingly induces or cause the commission of the
foregoing act shall be liable as principal by inducement in the prosecution of


public officials or employees under this section.

©) The acts under paragraph (a) of this Section, if proven in an administrative
proceeding shall be subject to the penalty of dismissal, even if no criminal
prosecution is instituted against the person found liable.

SECTION 16, Denial In Good Faith Not a Ground for Liability. — A denial in good
faith of a request for access to information made pursuant to the provisions of this Act
shall not constitute grounds for administrative or criminal liability.

SECTION 17. Freedom of Information Manual. — (a) For the effective
implementation of this Act, all government agencies shall prepare a Freedom of
Information 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 type of information it generates, produces 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
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 approval or denial of the request;

8. The procedure for the administrative appeal of any denial for access to
information;

9. The schedule of service 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 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 Freedom of Information Manual shall also be posted in the agency website
and the hard copy shall be available at the agency reception area by the public;

¢) 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 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 Manual.

SECTION 18. Procedure of Access. — (a) Any person who wishes to obtain
information shall submit, free of charge, a request to the government agency concemed
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 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 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 clectronically
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.

¢) 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 request for information received by it may be verified at anytime.

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
concemed 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 if the agency
has no capability in communicating the information in the preferred format, or
when the preferred format may be detrimental to the preservation of the record.

£) The government agency shall comply with the request as soon as practicableand,
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 agency's field or satellite offices, examination of voluminous
records, the occurrence of fortuitous events or other analogous cases.

2) 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.

i) If the information is not held by the government agency from which the request
was made, it shall notify the requesting party that it does not hold the information
and indicate 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 receipt of
the agency to which the request is transferred.

SECTION 19. Access and Processing Fees. — Government agencies may charge a
reasonable fee to reimburse the actual cost of production, 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 a proactive disclosure.

SECTION 20. Notice of Denial. ~ If the government agency decided 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 shall indicate the
name, rank, title or position of the person making the denial, clearly set forth the 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
denial, or of the extension, shall be deemed a denial of the request for access to
information.



SECTION 21. Remedies in Cases of Denial. — (a) In all government agencies other
than the judicial branch-

1. A denial of a request for access to information may be appealed to the Head
of Agency, following the procedure required under Section 17 (1) (8) of this,
‘Act: Provided, that the appeal must be filed within fifteen (15) calendar days
from receipt of the notice of denial and must be decided within (15) calendar
days from filing. Failure to resolve the appeal within the aforementioned
period shall constitute a denial of the appeal.

2. Apperson 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. 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 executor, without prejudice to review in accordance with the
Rules of Court.

3. A party whose request for information has been denied, whether or not such
decision has been appealed to the head of an agency, may file a verified
petition for mandamus in the proper court, alleging the facts with certainty
and praying that judgement 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 the
reason of the denial. ‘The procedure for such petition shall be summary in
nature.

In resolving a complaint or petition brought under paragraphs (2) and (30) hereof, the
Ombudsman or the court is empowered to receive the information subject of a claim of
exception under Section 7 herein, and to examine them in camera to determine the
sufficiency of factual and legal basis of such claim, when the sufficiency cannot be
reasonably determined through evidence and circumstances apart from the information

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

‘The remedies under this section shall be sought or granted without prejudice to any
other administrative, civil or criminal action covering the same at.

‘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 9285,
otherwise known as the Alternative Dispute Resolution Act of 2004.

In case the requesting party has limited or no financial capacity, the Public Attomey's


Office is mandated to provide legal assistance to the requesting party in availing of the
remedies provided under this Act.

SECTION 22. Keeping of Records. — (a) Government agencies shall create and
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, transaction, decisions, resolutions, actions, procedures,
operations, and activities;

b) Government agencies, in coordination with the National Archives of the
Philippines, 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 of their
legitimate successors, or for proper documentation if and when the records are
transferred to the National Archives of the Philippines.

©) Inaddition 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
(PhpS0,000,000.00) or more, or related to infrastructure, public and private
partnerships, utilities, or other important projects;

3. The original Declaration 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 an
corruption of public officers.

4) Government agencies shall prepare, according to the standards set in and within
the period mandated by Republic Act 9470 or the National Archives of the
Philippines Act of 2007, a record management program that includes the
following:

1. A record maintenance system for the creation, selection, classification,
indexing and filing of official records that facilitate the casy identification,
retrieval and communication of information to the public;


2. A record maintenance, archival and disposition schedule providing a listing
of records under current use for retention by the agency, for transfer to the
National Archives, ot 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.

¢) In addition to its function as repository of all rules and regulations issued by
agencies as provided under Book VI, Chapter Il of the Administrative Code of
1987, the University of the Philippines Law Center shall, in coordination with
the Officeof the President which has exclusive editorial and printing jurisdiction
over the Official Gazette, and with other relevant agencies, maintain a database,
and publish in the Official Gazette or in digital or online form, the following:

1, All laws of the Philippines and their amendments, from the episode 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 rendered by the Secretary of Justice.

SECTION 23. Publication in the Official Gazette. - For purposes of mandatory
disclosure as provide in Section 9 of this Act, the 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;

©) 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 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 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 24. 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 25. Publication of Government Data in Open Data Philippines Website. —
For purposes of enhancing the public’s access to government information and abiding
by the Philippines’ international commitments to transparency and government
‘openness, all government agencies shall publish in Open Data Philippines website,
datasets generates in the implementation of agency mandates, programs, activities, and
projects. These datascts shall be updated, whenever permissible, at least once in every
quarter of every year.

‘The Open Data website shall be maintained and administered by an Open Data Task
Force under the Office of the President, or any such similar body designated by the
President for this purpose.

For the purpose of making government data more accessible to the public, all datasets
published on the Open Data Philippines website and on LGU websites as mandated in
Section 9 of this Act shall be, whenever practicable, of a machine-readable and open
format.

SECTION 26. Tracking Requests for Information. — Website of government agencies
shall contain a matrix of requests made, their status and the decision regarding the
request. The matrix shall also contain links to uploaded information from approved
requests: In such cases where requests are denied, the matrix shall contain the reasons for
denial and the status of appeal if such is done

SECTION 27. Release to One, Release to All. — For purposes of streamlining requests
for information, once information has been made available to an individual through a
request for information, the said dataset shall also be published in an appropriate
website, Department website, or Local Government website thus allowing the public
access to all information that has been requested.

SECTION 28. Integration of Freedom of Information (FOI) and Good Governance In
Elementary and Secondary Education Curricula. - To ensure well informed


generations of citizens, the right to information, the principles of accountability and
transparency, democracy and leadership, and good governance shall be integrated in
such subjects as Heyograpiya, Kasaysayan at Sibika (HEKASI) and Araling Panlipunan
in the elementary level and in such subjects as Social Studies and Makabayan or its
equivalent subject in high school level. The Department of Education, in coordination
with the Civil Service Commission and other relevant offices, shall prepare the
necessary modules and teaching programs consistent with the objectives of this Act.

SECTION 29. Annual Reports on Action Taken on Request for Access to Information.
~All government agencies shall prepare, for each fiscal year, a report on the number of
requests for information they received, processed, granted and denied; of appeals made
from details of such requests; and of pending court actions they are a party to as result
of such requests. These reports may be integrated in the main annual reports of
government agencies and may be posted and published in their respective websites.

SECTION 30. Appropriations. — The amount to carry out the provisions of this Act
shall be charged against those authorized in the current and subsequent General
Appropriations Acts.

SECTION 31. Separability Clause. — If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
remain in full force and effect.

SECTION 32. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of this act,
including Section 18 on the Operation and Effect of Laws, 24 and 25 on the Contents,
Editing and Publications of the Official Gazette, Book I, of Executive Order No. 292 or
the Administrative Code of 1987 in relation to Article 2 on Effect and Application of
Laws of Republic Act 386 or the Civil Code, Memorandum Circular 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
6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), are
deemed repealed: Provided, the Memorandum Circular 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).

SECTION 33. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,