EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session i}

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. ew)

EXPLANATORY NOTE
Section 7 of Article III of the Philippine Constitution provides that,

Section 7. 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.

In view of this Constitutional provision, we need an enabling law to be able to fully
enjoy the benefits afforded by it.

As such, this bill which provides a clear mandate for promoting a clear transparency
and accountability in goverment; a convenient procedure to facilitate access to information;
remedies available for denial of access; administrative, civil and criminal penalties for
violation thereof, among others. Access to public records means access to evidence vital to
proving public officials accountable for wrongdoing.

In view of the foregoing, immediate approval of this measure is earnestly requested.

Ya ae
a Ufc eZ


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
4570

House Bill No.

AN ACT
STRENGTHENING THE PEOPLE'S RIGHT TO INFORMATION

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

|. GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the “Freedom of Information Act.”

‘SEC. 2. Declaration of Policy. — The State recognizes the right of the people to information
‘on matters of public concern and adopts a policy of full public disclosure of all its
transactions involving public interest, subject to the procedures and limitations provided by
law.

Every citizen shall be afforded access to official records, documents and papers
pertaining to official acts, transactions or decisions, and government research data used as
basis for policy development, subject to such limitations provided under this Act.

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

SEC. 3. Coverage. - This Act covers all government agencies in the executive, legislative,
and judicial branches including departments, bureaus, offices, agencies and
instrumentalities of the national government, Constitutional Commissions and
constitutionally mandated bodies; local govemment units and all their agencies; regulatory
agencies; chartered institutions; government-owned-or-controlled corporations including
wholly-owned or controlled subsidiaries; goverment financial institutions; state universities
and colleges; the Armed Forces of the Philippines and the Philippine National Police; all
offices in the Congress of the Philippines, including the offices of Senators and
Representatives; and the Supreme Court and all lower courts established by law.

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

a) __ Dataset refers to an organized collection of data or information in a variety of
forms including tabular, geo-spatial or image data files;

b) Freedom of Information (FO!) request refers to a request made in accordance
with the provisions of this Act;

c) FO! Website refers to the website with address www-foi.gov.ph that shall
serve as the government's comprehensive FO! website for all information on the FOI. It shall
be the central resource for the public to: understand the FO! law, search data and records
inventories of agencies, make a request for information that is not yet publicly available,
track all FO! requests made by other citizens, and monitor agency performance in terms of
FOI. The FOI website shall also be a platform for all government agencies to facilitate and
address all FO! requests of the public;

d) Information refers to data that have been processed into a record, document,
paper, report, letter, contract, minutes and transcripts of official meetings, maps, books,
photographs and research material in whatever form, or films, audio and video recordings,
magnetic or other tapes and electronic data, in whatever format, which are made, received,


and under the control and custody of any government agency pursuant to law, executive
order, rules and regulations, ordinance, or are in its possession in connection with the
performance of its official duty or transaction;

e) Machine-readable refers to formats that allow data to be extracted and
processed by computer programs;
f) Official record refers to information generated or received by a public officer

or employee or by a government agency in an official capacity or pursuant to a public
function or duty, but does not include the current status of the information;

h) Open Data Philippines Website (www.data.gov.ph) refers to the official
website containing all goverment data generated by agencies in the implementation of
agency mandates, programs, activities, and projects. The website shall be the central
repository of all searchable, understandable, and accessible government data;

9) Open format refers to information that is platform-independent, machine-
readable, and made available to the public without restrictions that impede its reuse;

i) Personal information refers to any information, whether or not recorded in a
material form, which reveals or describes the identity of an individual or from which such
identity can be reasonably and directly ascertained by the entity handling the information, or
when put together with other information, would directly and certainly identify an individual. It
includes signatures, addresses, telephone numbers, identification numbers, names of family
members, race or ethnicity, religion, health, education, sexual orientation, and other similar
information;

i) 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; and

k) Public service contractor refers to a private entity, domestic or foreign, that
transacts or deals with the government or government agency or office that utilizes public
funds, to provide any form of service or goods for the official use of such government
agency or office.

ll, DUTY TO DISCLOSE

SEC. 5. Mandatory Disclosure of Information. —
a) Constitutionally-Mandated Disclosure of Statement of Assets, Liabilities and Net Worth
(SALN) — Pursuant to the mandate of Section 17, Article XI of the Constitution, the following
Public officials and employees shall make their annual SALN declaration available and
accessible in the official website of their respective offices:

1) President;

2) Vice-President;

3) Members of the Cabinet;

4) Members of Congress;

5) Justices of Supreme Court;

6) Members of Constitutional Commissions and other constitutional

7) Officers of the Armed Forces of the Philippines with general or flag
rank.

b) Disclosure of information in agency websites - All agencies and branches of the
government shall publish in their websites and update on a monthly basis the following
information in full:

1) Freedom of Information Manual;

2) Rules of procedure, description of forms available, 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 documents or records including:

i) Annual budget of government agencies;


ii)
iit)
iv)
vi)
vii)
viii)

ix)

*)

xi)
xi)

xii)

xiv)
xv)
xvi)

xvii)

xvii)

xix)

xx)

Itemized monthly collections and disbursement;
Summary of income and expenditures;
Annual procurement plan and procurement list;

Items for bidding;
Bid results on civil works, and goods and services projects;
Abstract of bids as calculated;

Procurement contracts entered into by the goverment

agency;

Construction or concession agreements or contracts entered
into by the government agency with any public service
contractor or domestic or foreign person or entity;

Private sector participation agreements or contracts in
infrastructure and development projects under Republic Act
No. 6957, otherwise known as “An Act Authorizing the
Financing, Construction, Operation and Maintenance of
Infrastructure Projects by the Private Sector and for Other
Purposes” as amended by Republic Act No. 7718, otherwise
known as the “Build Operate and Transfer Law,” authorizing
the financing, construction, operation, and maintenance of
infrastructure projects and such amendatory law thereto;
Public funding extended to any private entity;

Licenses, permits, or agreements granted by any government
agency for the extraction or utilization of natural resources, as
well as the list of persons or entities who were granted the
same;

An updated plantilla of positions including unfilled positions in
the public office or agency, and the qualifications and
requirements for each unfilled position;

Compromise agreements entered into by the government
agency with any person or entity;

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

Audited financial statements, annual budgets, revenue
allotments and expenditures;

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

Utilization of the Internal Revenue Allotment (IRA), Special
Education Fund, Local Disaster Risk Reduction Management
Fund, Local Development Fund, and other local government
unit (LGU) funds;

Bilateral or multilateral agreements and treaties in trade,
economic partnerships, investments, cooperation and similar
binding commitments; and

Loans from domestic and foreign financial institutions, loans
and grants for development assistance, technical assistance,
utilization of all form of donations for calamity-stricken areas
and programs entered into by a government agency with
official bilateral or multi-lateral agencies, as well as with private
aid agencies or institutions.

All government agencies shall ensure that their websites comply with the provisions
of this Act within two (2) years from its effectivity.

In case an agency lacks 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 two (2) years from the effectivity of this Act.

SEC. 6. Promotion of Openness in Government. - a) Duty to Publish Information —
Every government agency shall regularly publish, print, and disseminate in an accessible
form through its website and at no cost to the public, the true, accurate, and updated key
information including the following:

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

2) 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, their profiles and curriculum vitae;

4) work programs, development plans, investment plans, projects,
performance targets and accomplishments, budgets, revenue allotments, and
expenditures;

5) important rules and regulations, orders, or decisions: Provided, That
the same shall 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 the database
generates;

8) _ bidding processes and requirements; and

9) mechanisms or procedures by which the public may participate in or
otherwise influence the formulation of policy or the exercise of its powers.

b) Accessibility of Language and Form — Every government agency shall
endeavor to translate key information into Filipino and the regional languages, and present
them in popular form and means.

SEC. 7. Publication of Government Data in the Open Data Philippines Website. - For
purposes of enhancing the public's access to government information and abiding by the
international commitments of the Philippines to transparency and govemment openness, all
government agencies shall publish in the Open Data Philippines website, datasets
generated in the implementation of agency mandates, programs, activities, and projects.
These datasets shall be updated, whenever permissible, at least once in every quarter of
every year, and shalll be, whenever practicable, in a machine-readable and open format.

The Open Data Philippines 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 of the Philippines for this purpose.

ll, THE RIGHT TO INFORMATION

A. Access to Information
SEC. 8. Access to Information. — Every Filipino citizen has a right to and shall, upon
request, be given access to any record under the control of a govemment agency.
Goverment agencies and public officials 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
10 of this Act, regardless of the physical form or format in which they are contained and by
whom they were made.

Except as provided in this Act, actions, transactions, or records of private individuals
and public officials in their private capacity shall not be the subject of mandatory disclosure
under this Act: Provided, That the SALN of public officials shall be released in accordance
with Section 8 of Republic Act No. 6713, otherwise known as the “Code of Conduct and
Ethical Standards for Public Officials and Employees.”


SEC. 9. Presumption in Favor of Access to Information. — There shall be a legal
presumption in favor of access to information. The request for information may be denied
only if it clearly falls under the exceptions provided under Section 10 of this Act. Government
agencies shall have the burden of proving that the information requested is exempted from
disclosure.

SEC. 10. 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 intemal and external
defense of the State; or
2) the information requested pertains to the foreign affairs of the

Republic of the Philippines, and 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: Provided, That sufficient information is disclosed to afford reasonable public

participation and government decision-making on bilateral and multilateral

agreements: 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 after six (6) years, and that any
reasonable doubt as to classification and declassification shall be settled in favor of
the right to information: Provided, finally, That all classified information contained in
all government agency records that: (1) are more than twenty-five (25) years old,
and (2) have been determined to have historical value shall be automatically
declassified whether or not the records have been reviewed. Subsequently, all

Classified information in such records shall be automatically declassified no longer

than twenty-five (25) years from the date of its original classification.

b) __ the information discloses investigatory records compiled for law enforcement
purposes or information which are contained in such records, but only to the extent that the
production of such records or information will:

1) reasonably be expected to interfere with enforcement proceedings;

2) deprive a person of the right to a fair trial or an impartial adjudication;

3) reasonably be expected to constitute an unwarranted invasion of
privacy;

4) the information is fumished by a confidential source and in the case of

a record compiled by a criminal law enforcement authority in the course of a criminal

investigation, or by an agency conducting a lawful national security intelligence

investigation, confidential information is furnished only by the confidential source;

5) _unjustifiably disclose investigative or prosecutorial techniques and
procedures; or

6) reasonably be expected to endanger the life or physical safety of any
individual;

c) the information pertains to a testimony, report, document, or discussion
obtained during an executive session of the Congress of the Philippines or any of its
Committees;

d) "the information pertains to the personal information of a natural person,
whether from the public or the private sector, and its disclosure constitutes an unwarranted
invasion of personal privacy, unless such information is specifically required by law to be
entered into an official record and made available to the public, or 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. The justification for the redaction shall be explained fully
in writing, and the extent of such redaction shall be indicated on the portion of the record
which is made available or published;


e) __ the information pertains to trade secrets, commercial or financial information,
or intellectual property obtained from a natural or juridical person other than the requesting
party, and the revelation thereof will 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;

9) __ the information is exempted from disclosure by the Constitution or law; and

h) when prematurely disclosed, the information would, in case of a government
agency that regulates financial institutions and the financial markets that they deal in, such
as commodities, interest rates, and security markets, likely lead to fraud, manipulation, or
other unlawful acts or schemes involving financial instruments, or, in the case of other
government agencies, likely impede the effective implementation of a proposed official
action: Provided, That the information shall be accessible once the anticipated danger has
ceased.

For paragraphs (b) to (h) of this Section, the determination of whether any of these
grounds 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 officer duly
designated by the head of office: Provided, That with regard to collegial bodies, boards,
commissions, or other courts, the chairperson or presiding officer or member is deemed the
head of office for purposes of this provision.

SEC. 11. Qualifications to the Exceptions. - The exceptions in the preceding section
shall be strictly construed and may not 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.

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.

SEC. 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 the current request, or unless the information has already been made available in
the website: Provided, That the government agency, in denying the request, shall comply
with Section 16 of this Act.

SEC. 13. Additional Protection of Privacy. — While providing for access to information in
public records, the right to privacy of individuals shall at all times be protected in the
following manner:

a) Agovernment agency shall ensure that personal information in its custody or
under its control is disclosed only as permitted under this Act;

b) A government agency shall 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;

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

B. Procedure of Access
SEC. 14. Procedure of Access. — The following procedure shall govern the filing and


processing of a request for access to information:

a) Any person who requests access to information shall submit an FOI request
to the govemment office concemed. The request shall state the name and contact
information of the requesting party, provide valid proof of the identification of the requesting
party, reasonably describe the information requested and the reason for, or purpose of, the
request for information: Provided, That no request shall be denied or refused acceptance
unless the reason for the request is contrary to law or existing rules and regulations or the
information requested is provided under Section 10 of this Act. The public official receiving
the request shall provide reasonable assistance to enable all requesting parties, particularly
those with special needs, to comply with the necessary requirements under this section;

b) _ The receiving government office shall indicate on the request the date and
time of receipt, and the name, rank, title, and position of the receiving public officer or
employee who shall correspondingly sign the request A copy of the request shall be
furnished to the requesting party. Each government office shall establish a tracking system
to monitor the status of all requests for information received by it;

c) Unless an earlier period is provided under existing laws, the govemment
office shall respond to a request that is fully compliant with requirements of sub-section (a)
hereof as soon as practicable, but not exceeding fifteen (15) working days from receipt of
the request. The agency's response may either be to grant or deny access to the information
requested; and

d) The period to respond may be extended whenever the information requested
requires extensive search of the government office's records facilities, examination of
voluminous records, the occurrence of fortuitous events or other analogous cases. The
government office shall notify the person making the request of the extension, setting forth
the reasons for such extension. In no case shall the extension go beyond twenty (20)
working days unless exceptional circumstances warrant a longer period.

‘Once a decision is made to grant the request, the requesting party shall be notified
of such decision and directed to pay a reasonable fee.

The same procedure applies when requesting through the FO! website, except that
the requesting party shall file the FOI request at www.foi.gov.ph

SEC. 15. Access and Processing Fees. — Government offices shall not charge any fee
for accepting requests for access to information. They may, however, charge a reasonable
fee to reimburse necessary costs, including actual costs of reproduction and copying of the
information requested, subject to existing rules and regulations. In no case shall the
applicable fees be so onerous as to defeat the purpose of this Act.

SEC. 16. Notice of Denial. — If the government office 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 requesting party of the denial in writing. The notice
shall clearly state the ground or grounds for denial and the circumstances on which the
denial is based.

SEC. 17. Remedies in Cases of Denial. - a) in all government agencies other than the
Judicial Branch:

1) The requesting party shall be informed in writing of the decision within
fifteen (15) working days from the receipt of the request. Denial of any request for
access to information may be appealed to the person or office next higher in
authority following the procedure provided in the FO! Manual as required in Section
25, paragraph (h) of this Act: Provided, That the written appeal must be filed by the
same person making the request within fifteen (15) calendar days from the notice of
denial, or from the lapse of the period to respond to the request;

2) The appeal shall be decided by the person or office next higher in
authority within thirty (30) working days from the filing of said written appeal. If the
appeal is granted, the requested information shall be released within fifteen working


days to the requesting party from the date of the decision. Failure to decide within

the period shall be deemed an approval and will always be considered in favor of

access unless prohibited due to exceptions. Denial should also be in writing; and

3) Upon the denial of the appeal, the requesting party may file the

appropriate case in the proper courts in accordance with the Rules of Court.

b) In the Judicial Branch — The Judiciary shall be govemed 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 act.

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

IV. LIABILITIES AND PENALTIES
SEC. 18. Administrative Liability. - Depending on the gravity and repetition of the act, the
following acts shall be tantamount to neglect of duty, refusal to perform official duty, or some
other appropriate charge under existing rules of the Civil Service Commission, and shall
constitute grounds for administrative and disciplinary sanction against any public official or
employee:

a) __refusal to promptly forward the FOI request, pursuant to Section 14 herein, 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 under this Act;

b) failure to act on the request within the periods required under this Act;

c) claim of an exception under Section 10 of this Act when the claim is
manifestly devoid of factual or legal basis;

d) refusal to comply with the decision of an immediate supervisor or of any court
‘ordering the release of information; and

) 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.

SEC. 19. Criminal Liability. — a) The commission of the following acts by a public officer or
‘employee 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 the 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 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 causes the commission of
the foregoing acts shall be liable as principal by inducement in the prosecution of public
officials or employees under this section.

SEC. 20. 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 a ground for administrative or criminal liability.

SEC. 21. 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 Ill, Section 7 of the 1987 Constitution.

V. ADMINISTRATIVE DUTIES OF AGENCIES
SEC. 22. One-Stop Shop. - Each government office is mandated to have a one-stop shop
for the services made available by this Act.


SEC. 23, Release to One, Release to All. — For purposes of streamlining requests for
information, an information that has been made available to an individual through a request
for information shall also be published in an appropriate website such as the FO! website,
the Open Data Philippines website, Official Gazette Online, departmental website, or local
government website, thus allowing the public access to all information that has been

requested.

SEC. 24. Tracking of Requests for Information. — Websites 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 the appeal if such is made.

SEC. 25. Freedom of Information Manual.— For the effective implementation of this Act,
all government agencies shall prepare an FO! Manual, setting forth the following

a) the location and contact information of the central, regional, provincial and
field office of the agency, and such other established place where the public can obtain
information or submit requests;

b) _ the types of information it generates, holds, or publishes;

©) _ a description of its record-keeping system;

d) _ the person or office responsible for receiving requests for information;

e) the procedure for the filing of requests personally, by mail or through the
identified electronic means;

f) the standard forms for the submission of requests and for the proper
acknowledgement of requests;

9) __ the process for the disposition of requests, including the routing of requests to
the persons or offices with the duty to act on the same and the decision-making processes
for the grant or denial of requests;

h) the procedure for the administrative appeal of any denial for access to
information;

i) | the schedule of service or processing fees pertinent to requests for
information;
j). the process and procedure for the mandatory disclosure of information under

Section 6 of this Act: Provided, That, should the agency lack the capacity to comply with
Section 6 of this Act, a brief description of its plan to facilitate compliance within three (3)
years from the approval of this Act; and

k) such other information that will help facilitate the effective implementation of
this Act, taking into consideration the unique characteristics of the agency.

The FO! 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.

In no case, however, shall the absence of the aforementioned FO! Manual be a
reason for the denial of any request for information made in accordance with this Act.

The head 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 FO! Manual

SEC. 26. Records Management. — Subject to existing laws, rules, and regulations,
government offices shall create and maintain an accurate and complete record of important
information in appropriate formats, and implement a records management system that
facilitates easy identification, retrieval and communication of information to the public.

SEC. 27. Annual Reports on Actions Taken on Requests for Access to Information. —
All government agencies shall prepare, for each fiscal year, a report on the number of


requests for information received, processed, granted and denied; of appeals made from
denials of such requests; and of pending court actions they are a party to as a 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.

VI. MISCELLANEOUS PROVISIONS
SEC. 28. Capacity-Building and Role of the Department of Information and
Communications Technology (DICT). — 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, every government agency shall endeavor to study and adopt best practices in
relation to information disclosure, records maintenance, and archiving

The DICT shall monitor all government agency websites for compliance with Section
5 of this Act and render the appropriate technical support to goverment agencies to enable
their compliance.

In the performance of its monitoring and support function of govemment websites
and portals, the DICT shall endeavor to continuously develop, improve, and update its
information technology system taking into consideration usability and practical accessibility
of government documents by the public.

The DICT shall set the standards for the file formats and the system of archival and
preservation of information to be used by all government agencies in the implementation of
this Act.

SEC. 29. Integration of Freedom of Information and Good Governance in Elementary
and Secondary 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 subjects in the 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.

SEC. 30. Congressional Oversight Committee. - There is hereby created a
Congressional Oversight Committee which shall be composed of six (6) members from the
Senate and six (6) members from the House of Representatives with the Chairpersons of
the Committee on Public Information and Media of the Senate and the Committee on Public
Information of the House of Representatives as joint Chairpersons of this Committee. The
five (5) other members from each chamber are to be designated by the Senate President
and the Speaker of the House of Representatives, respectively. The minority shall be
entitled to pro rata representation but shall have at least two (2) representatives from each
chamber.

SEC. 31. Appropriations. - The amount necessary to carry out the provisions of this Act
shall be charged against the agencies’ current budget and shall thereafter be included in the
annual General Appropriations Act.

SEC. 32. 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.

SEC. 33. Repealing Clause. — Section 3, Rule IV of the Rules Implementing Republic Act
No. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public
Officials and Employees,” is hereby repealed. Memorandum Circular No. 78, dated 14
August 1964, otherwise known as “Promulgating Rules Governing Security of Classified


Matter in Government Offices” shall be deemed amended one (1) year after the effectivity of
this Act. All other laws, decrees, executive orders, rules and regulations, issuances,
memorandum circulars or any part thereof inconsistent with the provisions of this Act are
hereby repealed or amended accordingly.

SEC. 34. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,