FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 774 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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EXPLANATORY NOTE 
Access to food is a fundamental human right. It is therefore the 
government's responsibility to ensure an adequate food supply for the people at 
affordable costs. Two years ago, the country experienced a shortage of rice yet 
the Executive has not admitted the crisis and failed to make a clear statement as 
to the true state of demand and supply for rice or for other basic commodities. 
In order to reinforce and guarantee the right of the people to affordable 
food and adequate food supply, 'the government must be transparent in all its 
transactions involving food and basic commodities. This information is necessary 
in taking necessary actions, whether families budgeting their daily expenses, law 
enforcers running after hoarders and price colluders, private enterprises in 
planning for the medium-term, or national agencies and local governments 
directing their efforts to solve imp~nding supply problems. 
This bill seeks to adopt and implement a policy of full public disclosure of 
all government transactions involving food and basic commodities, consistent 
with the Constitutional right of the people to information on all matters of public 
concern, by requiring all government bodies, specifically, but not limited to, the 
Department of Agriculture and Department of Trade and Industry, to grant written 
requests for information on food and food supply, and prescribing the penalty in 
the event of violations thereof. The bill also requires the Department of 
Agriculture to publish all relevant information on the importation of basic food 
commodities, such as rice and corn, as well as to maintain records and a 
database containing said information. 
In view of the foregoing, the immediate enactment of this measure is 
earnestly sought 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 774 
10 
JUL-7 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
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MANDATING THE GOVERNMENT TO PROVIDE ACCESS TO INFORMATION 
ON FOOD AND OTHER BASIC COMMODITIES TO GUARANTEE THE RIGHT 
OF THE PEOPLE TO AFFORDABLE FOOD AND ADEQUATE FOOD 
SUPPLY, PRESCRIBING GUIDELINES THEREFOR, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives in Congress 
assembled: 
SECTION 1. Short Title. This Act shall be known as the "Affordable 
Food Transparency Act." 
SEC. 2. Declaration of Policy. The State recognizes as a matter of policy 
the fundamental right of the people to an affordable food and food supply. The 
State therefore recognizes its obligation to the people to ensure adequate supply 
of food and other basic commodities, as well as to ensure transparency in all its 
transactions relative thereto, and to prevent any and all forms of collusion and 
cartel that would restrict the people's access to affordable food and adequate 
food supply. In order to reinforce the right of the people to affordable food and 
food supply, the State shall adopt and implement a policy of full public disclosure 
of all government transactions involving food and basic commodities, consistent 
with the Constitutional right of the people to information on ali matters of public 
concern. 
To guarantee the people's fundamental human right to affordable food and 
food Supply, the State shall afford to citizens, non-government organizations 
(NGO), civil society groups, and other private entities 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, except for such information which may jeopardize the right against 
self-incrimination of individuals and matters affecting national security, especially 
those information dealing with foreign diplomatic relations. 
SEC. 3. Definition of Terms. 
(a) "Basic commodities" for purposes of this Act includes: rice; corn; 
bread; fresh, dried and canned fish and other marine products, fresh pork, beef 
and poultry meal; fresh eggs; fresh and processed milk; fresh vegetables; root 
crops; coffee; sugar; instant noodles; salt; 
(b) "Government body" shall mean any Executive, specifically, but not 
limited to, the Department of Agriculture (DA) and Department of Trade and 


Industry (DTI), Legislative, Judicial or Constitutional body of the Government of 
the Republic of the Philippines, including local government units, the Armed 
Forces of the Philippines and the Philippine National Police, government financial 
institutions and government-owned and controlled corporations, whether created 
by its own charter or by registration with the Securities and Exchange 
Commission (SEC), and all such other entities where the government has 
SUbstantial interest in. 
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(c) "Information" shall mean all documents, papers, letters, minutes and 
transcripts of official meetings, maps, books, photographs, films, sound and 
video recordings, magnetic or other tapes, electronic data processing records, 
computer stored data, electronic mail messages, 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 
body pursuant to law, executive order, rules and regulation, ordinance or in 
connection with the performance or transaction of official business by any 
government body. 
(d) "Requesting person" shall mean a natural person, whether on his 
own or as a representative of another natural person or a juridical person, who 
makes a request to obtain, have a copy of or have access to information from 
any government body as defined in this Section. 
(e) "Trade secret" shall mean any information, including a formula, 
pattern, compilation, program, device, product, method, technique or process, 
that is used, or may be used, in business or for any commercial advantage; 
derives independent economic value, actual or potential, from not being generally 
known to the public or to persons who can obtain economic value from its 
disclosure or use; is the subject of reasonable efforts to prevent it from becoming 
generally known, and the disclosure of which would result in harm or improper 
benefit. 
SEC. 4. Publication of Importation Permits. In the spirit of transparency 
and accountability, the Department of Agriculture shall cause the publication of 
the following information on all basic commodities, especially rice, corn, and 
sugar importation permits that it has granted: 
(a) Name and address of importer, either as a natural or juridical entity; 
(b) Name and address of supplier from whom importation is sourced; 
(c) Country of origin of the import per shipment; 
(d) Date of contract of import; 
(e) Date of arrival of import per shipment; 
(f) Schedule, cargo or vessel, and maximum tonnage per shipment; 
(g) Contracted and actual volume of import per shipment; 
(h) Specification of import per shipment: 
(i) Contracted price of import per shipment; 
U) Value or cost of import 'per volume and for each source; 
(k) Mode of purchase of import per shipment; 
(I) Drop-off points or ports per shipment shipment; and 
(m) Such other information that may be necessary to ensure a complete 
and proper inventory of imported rice and corn. 
The Department of Agriculture shall also prepare, keep and maintain 
records and a database containing the above-enumerated information, which 
shall be made readily available to the public. 


SEC. 5. Coverage and Limitations. All information, as herein defined, 
which are in the custody or unqer the control of a government body shall be 
made accessible and available for public scrutiny, copying and reproduction, 
except when: 
(a) The information pertains to personal information on a third party 
natural person, but only when its revelation would constitute a violation of an 
individual's right against self-incrimination, including, but not limited to, records or 
information subject to attorney-client or doctor-patient relationship; 
(b) The information has been specifically authorized to be kept secret or 
considered classified in the interest of national security by the President through 
an Executive Order duly published in the Official Gazette and in at least two (2) 
newspapers of general circulation, subject to the following provisions: 
(i) The Supreme Court may, upon complaint by any citizen, inquire 
into the sufficiency of the factual basis for the President's 
determination; 
(ii) Such information shall be reviewed every five (5) years by the 
head of the appropriate agency concerned for purposes of 
declassification and making available to the public; and 
(iii) Such information shall finally be deemed declassified and open 
to the public after 'a period of fifteen (15) years from the date of 
publication of the s'aid Executive Order in the Official Gazette or in 
a newspaper of general circulation, whichever was first. 
(c) The information is maintained by law enforcement agencies for 
criminal law enforcement, or, relates to the detection and investigation of crime, 
including those maintained on any individual or compiled in the course of a 
criminal investigation by any law enforcement agency: Provided that the 
disclosure of such public record or information: 
(i) Could reasonably be expected to interfere with the prevention, 
detection, suppression, or investigation of any criminal activity or 
with law enforcement operations; 
(ii) Would deprive a person of a right to a fair trial or an impartial 
adjudication; 
(iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy; 
(vi) Could reasonably be expected to disclose the identity of a 
confidential source, including a foreign agency or authority, or any 
private institution which furnished information on a confidential 
basis, or the information furnished by a confidential source; 
(v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions; 
(vi) Could reasonably be expected to endanger the life or physical 
safety of any individual, harm the security of any property or 
system, including a building; or 


(vii) Could harm the security of any property or system, including, 
but not limited to, a building, vehicle, computer or communications 
system: Provided, however, that records or information relating to 
the administration, management and direction of a law enforcement 
agency shall be public. 
(d) The information is maintained by the Department of Foreign Affairs and 
other relevant government bodies on another sovereign state, and the disclosure 
of such records or information could reasonably be expected to jeopardize the 
diplomatic relations of the Government of the Republic of the Philippines with the 
said sovereign state: Provided, that treaties, trade agreements, contracts 
between agencies and/or government-owned and controlled corporations, and 
implementing agreements, annexes, side letters and other such documents and 
records pertaining to or related to the same, and any other documents pertaining 
to dealings entered into by, the Government of the Republic of the Philippines 
with another sovereign State 'and binds the Government to uphold such 
transactions under international and local law, shall not be covered by this 
exception; 
(e) The information pertains to trade secrets and commercial or financial 
information obtained from a person, firm, or corporation which is of a privileged or 
confidential nature; or 
(f) The information is exempted from disclosure by another law or by the 
Rules of Court, including, but not limited to, information considered as privileged 
communication or gathered by any government body in closed or executive 
session. 
In cases where access is requested to a portion of a record or information 
that is exempt from disclosure pursuant to this Act, the public shall have the right 
of access to the remainder of the record Provided, that the exempt portion of the 
record can be reasonably separated, severed, deleted or concealed from the 
record. 
Nothing in this Act shall, however: 
(a) Authorize the withholding of information from, or limit the availability of 
records to, Congress or any of its committees; 
(b) Affect the power of any court, tribunal, investigative body, or any 
government body exercising quasi-judicial functions to compel a witness to testify 
or to compel the production of documents; 
(c) limit the information otherwise available by law to a party to litigation 
including a civil, criminal or administrative proceeding; 
(d) prohibit the transfer, storage or destruction of any record pursuant to 
law, decree, order, ordinance or rules and regulations; 
(e) prevent access to records maintained in a public office for the purpose 
of providing the public access to' information; or 
(f) restrict disclosure of information for the purpose of an investigation or 
prosecution of a criminal case or a case of graft and corruption. 


SEC. 6. Procedure for Access. Any person who seeks to obtain, have a 
copy of or have access to any information shall file a request in writing, as much 
as practicable, to the government body concerned, reasonably describing the 
information being sought, and stating details on how he could be contacted by 
the said government body. 
The government body shall comply with the said request within two (2) 
working days after the receipt of the request, or within a reasonable period of 
time mutually agreed upon by the requesting person and the government body's 
employee concerned, but not to exceed five (5) working days. 
The time for compliance may, with due notice to the requesting person, be 
extended by the head of the government body to a period not exceeding fifteen 
(15) days if: 
(a) The requesting person failed to give enough details about the 
information or record sought to be obtained. 
(b) A large number of records is sought to be obtained in a single request, 
or when it has received voluminous requests, that compliance within the 
prescribed period under this Act would unreasonably interfere with its operations; 
(c) The request requires search and collation of records from its field 
offices; 
(d) Additional time is needed to consult with another government body 
having material or substantial interest in the determination of the request; and 
(e) There are fortuitous events or other events from force majeure, or 
other analogous cases. 
SEC. 7. Payment of Reasonable Fees. Copies or reproductions of 
information, whether in print or electronic media, may be obtained by the 
requesting person whose reqljest has been approved upon payment of a 
reasonable fee which shall not exceed the actual cost of reproduction plus a 
reasonable margin not exceeding ten percent (10%): Provided, that proceeds 
from the reproduction fees charged shall be used exclusively for the purchase 
and maintenance of equipment and supplies required to produce copies or 
reproductions of the said records'. 
Upon request, the government body shall provide a detailed itemization of 
the costs charged for the reproduction. No government body may, however, 
require the advanced payment of any reproduction fee. 
SEC. 8. Transfer of Request. If the government body to which the 
request was filed determines that the information being sought is not in its 
custody or control, it shall, within two (2) days, notify the requesting person of the 
same, through writing or other contact channels that the requesting person has 
provided, and shall then either: 1) transmit the said request to the government 
body which has the possession or custody of the information being sought; or 2) 
provide the requesting person with a referral letter, signed by its head and 
addressed to the head of the government body which has the possession or 
custody of the information being sought. 
The government body receiving of such transmittal or referral letter shall 
then act on such request in the manner set forth in Section 5 hereof. 


SEC. 9. Denial of Request. If the government body decides to deny the 
request. in whole or in part, it shall within two (2) working days from the receipt of 
the request notify the requesting person of such denial in writing, signed by the 
head of the government body, and the specific grounds for the denial and the 
corresponding legal basis, as allowed in Section 4 hereof. 
SEC. 10. Remedies to Compel Disclosure. Every denial of any request 
for access to information may be appealed before the Office of the Ombudsman 
by filing, within fifteen (15) days from receipt of a letter of denial, a prayer for the 
disclosure of the information being sought. 
If the Office of the Ornbudsman upholds such denial or fails to act on such 
prayer within sixty (60) days, t,he requesting person' may then file a verified 
petition for mandamus before the Regional Trial Court with jurisdiction over the 
government body's office receiving the request for information. A decision of the 
court granting the request for information shall be subject to the proper judicial 
remedies available to the affected government body, following the procedure 
provided under the Rules of Coull 
Nothing in this Section shall prejudice any other available administrative, 
civil or criminal remedy. 
SEC. 11. Mandatory Disclosure of Food Information. Each government 
body that possesses any significant information that affects food supply and 
prices shall readily disseminate the same to the public and regularly update said 
information. The means of disclosure and dissemination of such information shall 
include, but not be limited to: (a) manuals, pamphlets, brochures, bulletins, 
posters, announcements, or any other printed collaterals, for distribution or for 
posting by the government body concerned in conspicuous places in its central 
and field offices; and (b) electronically uploading of such information on its 
website. 
SEC. 12. Mandatory Disclosure for Public Interest. Any government 
body which is in possession or has knowledge of any information, not otherwise 
declared classified or exempt pursuant to this Act, about the existence of a factor 
or risk significant to food supply'and prices, or which clearly affects public's right 
to affordable food and adequate food supply, shall without delay disclose such 
information to the public. 
SEC.13. Penal Provisions. Any official or employee of the government 
body which has possession of any significant information on food supply and 
prices found guilty by final judgment of the proper court of denying access to 
information, or parts thereof, without a valid legal ground as provided for in this 
Act, or who shall knowingly release false and/or misleading information, shall be 
punished with a fine of not less ,than Twenty Thousand Pesos (P20,000.00) but 
not more than Forty Thousand Pesos (P40,000.00), and/or imprisonment of not 
less than one (1) year but not more than three (3) years, including all the 
accessory penalties provided by law, upon the discretion of the court. 
Any official or employee who shall fail to respond to a request due to 
negligence, or fail to meet the time limits for response set forth in this Act, without 
reasonable reasons for such, shall be punished with a fine of not less than Ten 
Thousand Pesos (Pi0,000.OO) but not more than Twenty Thousand Pesos 
(P20,000.OO), and/or imprisonment of not less than six (6) months but not more 
than one (1) year, including all the accessory penalties provided by law, upon the 
discretion of the court. 


Any official or employee who shall deliberately and knowingly refuse, or 
because of negligence fail, to update any information his or her office is required 
to disclose under Section 10 of ' this Act shall be penalized administratively with 
suspension from service, without play, of at least six (6) months but not more 
than one (1) year. A subsequent offense shall cause his dismissal from service. 
SEC.14. Implementing Guidelines. Each government body shall, within 
sixty (60) days from the effectivity of this Act, promulgate guidelines specifying 
the office, and employees from whom, and the methods and process whereby, 
the public may request access to or obtain information which are kept in or held 
under its custody or control. 
SEC. 15. Reports. On or before March 1 of each calendar year, each 
government body shall submit' a report covering the preceding year to the 
Speaker of the House of Representatives and President of the Senate for referral 
to the appropriate committees of Congress. The report shall include: 
(a) A copy of the implementing guidelines and rules crafted by such 
government body in the implementation of this Act; 
(b) A copy of the reproduction fee schedule under Section 6 of this act, the 
total proceeds collected from such fees and the use of such proceeds by the 
government body; 
(c) The number of determinations made by such government body to 
refuse the requests for information made to such government body under Section 
8, the reasons for such determination; 
(d) The names and titles or positions of officials responsible for the refusal 
of requests under this Act, and the number of instances of participation of each; 
(e) The number of refused requests wherein the requesting person sought 
remedies before the Office of the Ombudsman or before the regular courts, and 
the names and titles or positions'of officials concerned in these cases; 
(f) A copy of the information disclosed by the government body pursuant 
to Section 10 of this act, including a description of the collaterals, whether print or 
electronic, used in the dissemination of the said disclosed information. 
(g) A summary of other initiatives made by the government body, whether 
or not mandated by this Act or any other law, that sought to enhance and assist 
the implementation of this Act: and 
(h) Such other information which the government body deems as 
necessary to disclose in relation to the implementation of this Act. 
The Office of the Ombudsman shall submit an annual report on or before 
March 1 of each calendar year, listing the number of cases filed before it under 
Section 9 of this Act and the disposition of each case. The Solicitor General shall 
likewise submit an annual report on or before March 1 of each calendar year, 
listing the number of cases filed before the regular courts under Section 9 of this 
Act, the disposition of each case, the names and positions or titles of the officials 
penalized and the penalties assessed. 
SEC. 16. Oversight Committee. For the effective implementation of this 
Act, there shall be a Congressional Oversight Committee consisting of five (5) 
members each from the Senate and House Representatives, which shall be 


composed of the Chairpersons and members of the Committees on Agriculture, 
Trade and Commerce, and Justice and Human Rights of both the Senate and 
House of Representatives, which shall meet bi-annually to oversee its 
implementation. The Congressional Oversight Committee shall be jointly chaired 
by the Chairpersons of the Committees on Agriculture and Trade and Commerce 
of the Senate and House and Representatives and shall be jointly vice-chaired 
by the Chairpersons of the Committees on Justice and Human Rights of the 
Senate and House and Representatives. 
SEC. 17. Separability Clause. If for any reason, any part, section or 
provision of this Act shall be held unconstitutional or invalid, no other part, 
section or provision shall be affected thereby. 
SEC. 18. Repealing Clause. All laws, decrees, executive orders, rules 
and regulations, issuances or any parts thereof inconsistent with the provisions of 
this Act are deemed repealed or amended accordingly. 
SEC 19. Effectivity Clause. This Act shall take effect immediately after its 
publication in at least two (2) national newspapers of general circulation. 
Approved,