'. 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
SENATE BILL NO. 
217 
'j) .JUL 
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
Enshrined in the 1987 Philippine Constitution are State policies of full 
transParency and accountability in the conduct of all public officials and 
employees, and of full public disclosUr~ of information' vested with public 
interest. It was no less than the Philippine Constitution, which upheld the 
people's right to know and be informed about all policies, projects, and 
programs of government that involve use of taxpayer's money. 
As guaranteed by the Supreme Law of the land, our people are the most 
exuberant in their exercise of the freedoms of speech, of the press, and of 
peaceable assembly for redress of just grievances. But one other inalienable 
freedom that the Constitution also gUarantees - Freedom of Information -
remains just a bill perpetually struck in the legislative mill, ~obbled by 
concerns of the Exe,cutive, and mocked by restrictive administrative fiats of the 
Judiciary, of the House of Representatives, and even the Off,ce of the 
Ombudsman .. 
The Freedom of Information Act long promised by the Constitution 
remains to this day, just a promise. And from the 12th to the present 15th 
Congress, despite the numerous bills filed and refilled, it seems like we always 
return to square one, from zero, marching but only in one place, on the 
Freedom of Information Act. 
The present Aquino administration was installed in June 2010 on major 
summons for the citizens and public officials to trek the path of good 
governance, transparency and alleviate poverty. In consonance with these 
reform calls of the present administration, it is more appropriate to enact the 
Freedom of Information bill. 
Citizens need to and must know how public officials exercise their 
powers and authorities, how they spend public funds, what contracts and 
agreements they sign and seal on our behalf, what policy issues bother them 
that must also bother us so we may participate in making decisions. 
The right to information is our prot(;Jction against government abuse, at 
the same time that it is our power to make government accountable. But our 
right to information requires a complementing legislation to ensure its clear 
cut, full and predictable operation. 


To carefully ensure that the Freedom of Information may not be prone to 
abuse, we must undertake necessary adjustments to carefully balance the 
people's right to information on the one hand, and the interest for reasonable 
confidentiality and sound administrative practice, on the other. 
Thus, with time fast running out, and the long wait of our people be over, 
the passage of this Bill is earnestly sought . 
. 06=-: 
JOSEPH VICTOR G. EJERCITO 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
FIRST REGULAR SESSION 
SENATE 
SENATE BILL NO. 
217 
-<"~,,,,,,, 
<, 
INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS TO 
INFORMATION HELD BY THE GOVERNMENT 
Be enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Freedom of 
Information Act of 2.013." 
\ 
SECTION 2. Declaration of Policy. - The State recognizes the right of the 
people to information on matters of public concern, and adopts and 
implements a policy of full public disclosure of all its transactions involving 
public interest, subject to procedures and limitations 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 at all levels of social, 
political and economic decision-making. 
SECTION 3. Definition of Terms. - As used in this Act: 
(a) "Information" shall mean any record, document, paper, report, letters, 
contract, minutes and transcripts of official meetings, maps, books, 
photographs, data, research material, film, sound and video recordings, 
magnetic or other tapes, electronic data, computer stored data, or any 
other like or similar data or material recorded, stored or archived in 
whatever form or 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. 
(b) "Government agency" shall include the executive, legislative and judicial 
branches as well as the constitutional bodies of the Republic of the 
Philippines including, but not limited to, the National Government and 
all its agencies, departments, bureaus, offices and instrumentalities, 
constitutional commissions and constitutionally mandated bodies, local 
governments and all their agencies, regulatory agencies, chartered 
institutions, government-owned or controlled corporations, including 
wholly-owned 
or 
controlled 
subsidiaries, 
government 
fi~~fial. 
institutions, State Universities and Colleges, the Armed Forces of the 


Philippines including the offices of Senators and Representatives, the 
Supreme Court and all lower courts established by law. 
I 
(c) ·Official Records" shall refer to information produced or .rec6ived by a 
public officer or employee, or by a government agency in an official 
capacity or pursuant to a public function or duty. This shall not refer to 
the stage or status of the information. 
(d) ·Public Records" shall include information required by law, executive 
orders, rules, or regulations to be entered, kept and made publicly 
available by a government agency. 
SECTION 4. Access to Information. - Every person who is a Filipino 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 the Section 6 of this Act, regardless of their 
physical form or format in which they are contained and by whom they were 
made. 
SECTION 5. Presumptions. There shall be a legal presumption in favor of 
access to information. The request for information may be denied only if it 
clearly faUs under the exceptions provided under this Act. 
SECTION 6. 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 shall/may unduly 
weaken the 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 subject or I subject to 
mandatory declassification review, and that any reasonable dJoubt as to 
classification and declassification shall be settled in favor Of the right 
information; 
(b) The 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 sensitivity of the subject matter or of the 
impairment of the Chief Executive's deliberate process that would result 
from the disclosure thereof. Once policy has been formulated and 
decisions made, minutes and research date 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 disclosure thereof would: 
(i) 
unduly compromise or interfere with any legitimate military or law 
enforcement operation, or 


(ii) 
unduly compromise or interfere with the prevention, detection or 
suppression of criminal activity, the effective implementation of 
immigration controls and border security, or 
(iii) 
deprive a person of a right to a fair trial or an impartial 
adjudication, or 
(iv) 
lead to the disclosure of the identify 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 
(v) 
disclose 
techniques 
and 
procedures 
for 
law 
enforcement 
investigations or prosecutions, or would disclose guideli~es for law 
enforcement 
investigations or prosecutions if such disclosure 
could reasonably be expected to risk circumvention of the law, or 
(vi) 
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 any Committee of either House 
of Congress 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 
clearly constitute an unwarranted invasion of his or her personal privacy, 
unless it forms part of a public record, or the person is or was an official 
of a government agency and the information relates to his 9r 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 seriously prejudice the interests of such natural 
or juridical person in trade, industrial, financial or commercial 
competition; 
(h) The information is classified as privileged communication in legal 
proceedings by law or by the Rules of Court; 
(i) The information requested is exempted by law or the Constitution, in 
addition to those provided in this section; 
(j) The information has already been made accessible as prOvided for in 
Section 10. 


For letters (c) to OJ 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 officerjs duly designated by him. 
Provided, that: 
1. The exceptions are strictly construed; 
2. The exceptions are not used to cover-up a crime, wrongdoing, 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; and 
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 
government unit. 
SECTION 7. Mandatory Disclosure of Information. - (a) In fulfillment of 
Article 11, Section 17 of the Constitution, the following national officials shall 
provide to the public their Statement of Assets, Liabilities and Net Worth 
(SALN) on an annual basis on their official website: 
(1) The President, 
(2) The Vice-President, 
(3) The Members of the Cabinet, 
(4) The Congress, 
(5) The Supreme Court, 
(6) The Constitutional Commissions and other Constitutional offices, 
(7) And officers of the Armed Forces with general or flag rank. 
(b) All agencies of all branches of government shall upload on their web sites, 
which shall be updated monthly, a register of the following: 
(i) Freedom of Information Manual in full; 
(ii) Rules of Procedure, description 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; 
(iii) 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; 
(iv) Public interest 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 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) 
List of persons or entities who were granted licenses, permits 
or agreements for the extraction and/or utilization of natural 
resources given by any government agency; 
(15) 
Statement of Assets and Liabilities and Net worth of public 
officers of any government agency; 
(16) 
Guarantees given by any government agency to government-
owned or controlled corporations and to private corporations, 
persons or entities; 
The register shall contain a brief description of the transaction involved, 
including, but not limited to; the nature and object of transaction, the parties 
and amount 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 (P 50,000,000.00) shall be uploaded in full on the 
website of the concerned government agency or the Official Gazette Online 
subject to the succeeding section. A covered record shall be enrohed in the 
register not later than 30 working days from its perfection or issuancF. 
(c) 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, especially those that are of the highest public.interest by 


reason of the amounts involved and the impact of the transaction to the public. 
All the government agencies must ensure that they have a complaint website 
within (2) years from the effectivity of this Act. 
(d) Should an agency lack the capacity to comply with the website uploading 
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 8. Promotion of Openness in Government. - (a) Duty to Publish 
Infonnation -
Government agencies 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 description of its mandate, structure, powers, functions, duties and 
decision -making processes; 
(2) A description of the frontline services it delivers and the procedure and 
length of time by which they may be availed of; 
(3) The 
names of its key 
officials, 
their 
powers, 
functions 
and 
responsibilities, and their profiles and curriculum vitae; 
(4) Work programs, 
development plans, investment plans, 
performance targets and accomplishments, and bUdgetsl 
allotments an~ expenditures; 
. 
projects, 
revenue 
(5) Important rules and regulations, orders or decisions; Provided~ that they 
be published within fifteen (15) calendar days from promulgation; 
(6) Current and important database and statistics that it generates; 
(7) Bidding processes and requirements; and 
(8) Mechanisms or procedures by which the public may participate in or 
otherwise influence the formulation of policy or the exercise of its powers. 
(b) Accessibility of Language and Fonn -
Every government agency shall 
endeavor to translate key information into major Filipino languages and 
present them in popular form and means. 
(c) Improving Capability - Every government agency shall ensure the provision 
of adequate training for its officials to improve awareness of the right to 
information and the provisions of this Act, and to keep updated as to best 
practices in relation to information disclosure, records maintenance and 
archiving. 
SECTION 9. Coverage - This Act shall cover all government agencies as 
defined under Section 3 of this Act. 
SECTION 10. 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 intelVal has lapsed between 
compliance with the previous request and the making of the current request, 
Provided that; the government agency complies with Section 18 of this Act. 
SECTION 11. Additional Protection of Privacy - While providing for access 
to information in public records, this Act also affords full protection of the right 
to privacy of individ,:a1s, as follows: 
I 
(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 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 
au thorized under this Act. 
SECTION 12. Administrative Liability. - The acts enumerated in this Section 
shall be tantamount to gross neglect of duty 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 16 (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 requests within 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; 
(d) Approval of policies, rules and regulations manifestly contrary to the 
provisions of this Act, and which policies, rules and regulations are the 
direct cause of the denial of a request for information. 
SECTION 13. Criminal Liability. - (a) Any public official or employee who 
falsely denies or conceals the existence of information mandated 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 Revfsed 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 private individual who knowingly 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. 


SECTION 14. Mere Denial 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 sanction or criminal liability. 
SECTION 15. Implementation Requirements. -
(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, and other established places where the publis can 
obtain informations or submit requests; 
(2) The types of information it generates, produces, holds andj or pubJisjes; 
(3) A description of its record-keeping system; 
(4) The person or office responsible for receiving request 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; 
. 
I 
(7) The proces$ 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 under Section 7 of this Act; Provided that, should the agency 
lack the capacity to comply with Section 7 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 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 set out in the Implementing Rules of this Act and 
shall be included in the Freedom of information Manual. 


i 
SECTION 16. Procedure of Access. - (a) Any person who wishes I to obtain 
information shall submit a request to the government agency poncerned 
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 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 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. 
(c) 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. 
(d ) As 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, the agency 
has no capability in communicating the information in the preferred format or 
be detrimental to the preservation of the record. 
I 
I 
(e) 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 agency's field or satellite offices, 
examination of voluminous records, the occurrence of fortuitous events or 
other analogous cases. 
(f) 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. 
(g) Once a decision is made to grant the request, the person making the request 
shall be notified of such and pay the required access and processing fees. 


SECTION 17. 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. 
SECTION 18. Notice of Denial. - If the government agency decides to deny the 
request, in whole or in part, it shall, as soon as practicable, and in any case 
within 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 clearly set forth the ground or grounds for denial and 
the circumstances on which the denial is based. 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 19. Remedies in Cases of Denial. - (a) In all government agencies 
other than the judicial branch -
(1) Every denial ~f a request for access to information may be appealed to 
the Head of Agency, following the procedure mentioned in Section 15 (a) 
(8) 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; 
(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 executor, without prejudice to review in accordance 
with the Rules of Court. 
(3) Instead of filing 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 petitions 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 denial. The 
procedure for such petition shall be summary in nature. 
(4) In resolving a complaint 6r 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 6 
herein and examine then 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 informatiqn. 
I 


(b) In the Judicial Branch - The Judiciary shall be governed by such 
remedies as promulgated by the Supreme Court. 
(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 1\~t !)hall be exempt from the rules on 
non-exhaustion of administrative remeditlS 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 mandateg to provide legal assistance to the 
requester in availing of the remedies proviqed .under this Act. 
SECTION 20. Keeping of Records. -
(9-) Qovernment agencies shall create 
and/or maintain in appropriate formats, accurate and reasonably complete 
documentation or records of their qrgapization, policies, transactions, 
decisions, resolutions, enactments, actiori~, procedures, operations, activities, 
communications and documents receiveq. qr 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 Sh~l require 
agencies to preserve and transfer to it. 
' 
I 
(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; 
(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 record management programs that includes· the 
following: 


(1) A 
records 
maintenance 
system 
for 
the 
creation, 
selection, 
classification, indexing and filing of official records that facilitates 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) A specification of the roles and responsibilities of agency personnel in 
the implementation of such system and schedule. 
. 
I 
(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 database, and publish the same in print in 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 21. Publication in the Official Gazette. For purposes of 
mandatory disclosure as provided in Section 7 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 to 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 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 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. Separability Clause. - If any section or part of this Act is held 
unconstitutional, no other section or provision shall be affected. 
SECTION 24. Repealing Clause. Alllaws, 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 25. Effectivity. - This Act shall take effect (15) day~ after its 
publication in at least two (2) national newspapers of general circulation . 
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