FOIJRTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
The right to information in the Philippines is guaranteed by no less than our 
fundamental law. Section 7 of the Bill of Rights of the 1987 Constitution reads: 
"The right of the people to information on matters of public concern shall be 
recognized. Access to official records, and to documents, and papers pertaining to 
official acts, transactions, or decisions, as well as to government research data used as 
basis for policy development, shall be afforded the citizen, subject to limitations as may 
be provided by law." 
Article 11 (Declaration of Principles and State Policies), Section 28 also states: 
"Subject to reasonable conditions prescribed by law, the State adopts and 
implements a policy of full public disclosure of all its transactions involving pubIic 
interest." 
Despite the Constitutional guarantee and its affirmation in a number of Supreme 
Court decisions, we are not unaware of the wanton violation by many government 
agencies of the right of Filipinos to information of public interest and concern. 
A key problem is lack of legislation. While the Supreme Court has upheld the 
enforceability of the constitutional right to information, its effective implementation has 
for the past two decades suffered from the lack of the necessary substantive and 
procedural details that only Congress can provide. The Supreme Court, in the recent 
case of Chavez v. NHA (G.R. No. 164527; August 15,2007) observes: 
"It is unfortunate, however, that after almost twenty (20) years from birth of the 
1987 Constitution, there is still no enabling law that provides the mechanics for 
the compulsory duty of government agencies to disclose information on 
government transactions. Hopefully, the desired enabling law will finally see the 
light of day if and when Congress decides to approve the proposed "Freedom of 
Access to Information Act."" 


This bill fulfills the long overdue legislative obligation of Congress, by putting in 
place the following major features: 
An expansive scope in terms of government agencies as well as 
information covered. 
A narrow list of exceptions circumscribed by clearly stated public harm 
that we wish to avoid in withholding certain information. 
o To further counterbalance the exceptions, we provide citizens an 
opportunity and right to override a recognized exception when there is 
greater public interest in information disclosure. 
o We provide a clear, uniform and speedy procedure for access to 
information. 
o We put in place a provision implementing the automatic disclosure of 
transactions of public concern as required by Section 28, Article I1 of the 
constitution. 
o We put in place a system of accessible and speedy remedies that a citizen 
who has been denied access to information may resort to. 
o We institute mechanisms to promote a culture of openness within 
government. 
o We introduce clear administrative, criminal and civil liability for violation 
of the riglit to information. 
To us members of the 14th Congress lies the challenge and opportunity to secure 
for our people a very important right - a key foundation to the effective exercise of 
cognate rights such as the freedoms of speech, of the press, and of expression, as well as 
the right of the people and their organizations to effective and reasonable participation 
at all levels of social, political, and economic decision-making. In doing so we also 
provide them with a key instrument to effectively battle the corruption that has k e n  a 
major stumbling block to the country's development. 
Immediate approval of this bill is earnestly requested, 
Senator 


FOURTEENTH CONGRESS 
1 
Second Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
S E N A T E  
Introduced by Senator Loren Legarda 
AN ACT 
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON MATTERS 
ARTICLE I1 AND SECTION §EVEN, ARTICLE 111 OF THE 1987 CONSTITUTION 
AND FOR OTHER PURPOSES 
OF PUBLIC CONCERN GUARANTEED UNDER SECTION TWENTY-EIGHT, 
Be it enacted by the Seiiate niid HOILSC of Representatives of the Pkilir~pilres in Congress 
asseiribled: 
SECTION 1. Title. - This Act shall be known as the "Freedom of Information Act 
of 2008". 
SEC. 2. Declnratioir 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 limitations 
provided by this Act. This right is indispensable to the exercise of the related freedoms 
of speech, of expression, and of the press, as well as the right of the people and their 
organizations to effective and reasonable participation at all levels of social, political 
and economic decision making. 
SEC. 3. Coverage. - This Act shall cover all government agencies as defined in 
Section 4 of this Act. 
SEC. 4. Definition of Temis. - As used in this Act: 
a. "Information" shall mean any knowledge, 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 processing records, 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 governlent agency pursuant to law, executive order, rules and 
regulations, ordinance or in connection with the perforniance 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 natioiial 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, government financial institutions, state universities and colleges, 
the Armed Forces of the Philippines, the Philippine National Police, all offices in 
the Congress of the Philippines including the offices of Senators and 
Representatives, the Supreme Court and all lower courts established by law. 
c. “Official records” shall refer to information produced or received by the public 
officer or employee, or by a government agency in an official capacity or 
pursuant to a public function or duty, and is not meant to be a stage or status of 
the information. 
d. “Public records” shall include information required by law to be entered, kept 
and made publicly available by a government agency such as, but not limited to, 
the: 
1. 
2. 
National Statistics Office; 
3. 
Register of Deeds; 
4. 
Land Transportation Office; 
5. 
6. 
Securities and Exchange Commission; 
7. 
Intellectual Property Office; or 
8. 
various local government units. 
Office of the Civil Registry; 
Land Transportation Frailchising and Regulatory Board; 
Business Permits and Licenses Office and Assessor’s Office of the 
SEC. 5. Presumption. - There shall be a legal presumption in favor of access to 
information. Accordingly, government agencies shall have the burden of proof of 
showing by clear and convincing evidence that the information requested should not be 
disclosed. 
SEC. 6. Access to I@mrintio?z. - 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 basis for policy development, regardless of their 
physical form or format in which they are contained and by whom they were made. 
SEC. 7. QiiaZificatioris. - Even if the information falls under the exceptions set 
forth in the succeeding section, access to information shall not be denied if: 
a. The information may be reasonably severed from the body of the information 
which would be subject to the exceptions; or 
b. The public interest in the disclosure outweighs the harm to the interest sought to 
be protected by the exceptions. 
SEC. 8. Exceptions. - Subject to the qualifications set forth in Section 7: Provided, 
That the information is specifically designated and described, and the facts and reasons 
for preserving the confidentiality are precisely and specifically recited, and Provided, 
fiwtlw, That such information shall be available to either House of Congress at all bmes, 
access to information may be denied when: 
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a. The revelation of the information will create a clear and present danger of war, 
invasion or any external threat to the State as determined by the Office of the 
President and/or the Secretary of the Department of National Defense: Provided, 
That the Supreme Court may, upon complaint by any citizen, inquire into the 
sufficiency of the factual basis for such determination; 
b. The information pertains to the positions of the Republic of the Philippines in an 
ongoing negotiation for a bilateral or multilateral agreement or treaty, when its 
revelation would unduly weaken the 
position of the Philippines in such 
negotiation, or pertains to another sovereign state, when its revelation would 
seriously jeopardize diplomatic relations with said state: Provided, that such 
information must always be accessible to either House of Congress; 
c. The information pertains to internal and external defense and law enforcement, 
when the revelation tliereof would render a legitimate military operation 
ineffective, unduly compromise the prevention, detection or suppression of a 
criminal activity, or endanger the life or physical safety of confidential or 
protected sources or witnesses, law enforcement and military personnel or their 
immediate families. Information relating to the details of the administration, 
budget and expenditure, and management of the defense and law enforcement 
agencies shall always be accessible to the public; 
d. The information pertains to the personal information of a third party natural 
person, unless it forms part of a public record, or the third party is or was an 
official of a government agency and the information relates to his or her public 
function; 
e. The information pertains to trade, industrial, fiaancial or conimercial secrets of a 
third party natural or juridical person, obtained in confidence by a government 
agency whenever the revelation thereof would seriously prejudice the interests 
of the third party in trade, industrial, financial or commercial competition, unless 
the third party has consented to the disclosure of the information; 
f. The information is privileged from production in legal proceedings by law or by 
the Rules of Court, unless the person entitled to the privilege has waived it; 
g. The information is exempted by statutes of Congress, in addition to those 
provided in this section; 
h. The information is obtained by any committee of either House of Congress in 
executive session; and 
i. Drafts of decisions of any executive, administrative, judicial or quasi-judicial 
body in the exercise of their adjudicatory functions are being requested. 
SEC. 9. Procedtrre of Access. - 
a. Any person who wishes to obtain information shall submit a request to the 
government agency concerned, as niuch as practicable in writing or through 
electronic means, reasonably describing the information required, the reason for 
the request of the information and the means by which the government agency 
shall communicate such information to the requesting party. 
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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. 
c. The request may indicate the following preferred means of communication: 
1. 
2. 
An opportunity to inspect the' information, using equipment 
normally available to the government agency when necessary; 
3. 
A true copy of the information in permanent or other form; 
An opportunity to copy the information using personal equipment; 
4. 
visual form; 
A written transcript of the information contained in a sound or 
5. 
A transcript of the content of an information, in print, sound or 
visual form, where such transcript is capable of being produced using 
equipment normally available to the government agency; or 
6. 
A transcript of the information from shorthand or codified form. 
d. A government agency may communicate information in a form other than the 
preferred means whenever such preferred means would unreasonably interfere 
with the effective operation of the agency, or be detrimental to the preservation 
of the record. 
e. The government agency shall comply with such request within ten (10) calendar 
days from the receipt thereof. 
f. The time limits prescribed in this section may be extended during unusual 
circumstances where, in the production of the requested information, there is a 
need: 
1. 
To search for and collect the requested information from field 
facilities or other establishments that are separate from the office 
processing the request; 
2. 
To search for, collect and appropriately examine a voluminous 
amount of separate and distinct information which are demanded in a 
single request; 
3. 
For consultation, which shall be conducted in all practicable speed, 
with another government agency or among two (2) or more components 
of the government agency having substantial interest in the determination 
of the request; and 
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4. 
other analogous cases. 
To consider fortuitous events or other events due to force iiinjeure or 
g. 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: Provided, 
That no such notice shall specify a date that would result in an extension of more 
than fifteen (15) calendar days. 
SEC. 10. Access Fees. - Government agencies may charge a redsonable fee to 
reimburse the cost of searching, reproduction, copying or transcription and the 
communication of the information requested. 
SEC. 11. Notice of Deiiial. - If the government agency decides to deny the 
request, in whole or in part, it shall, within ten (10) calendar 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 indicate the name, rank, title or pasiti~a of the 
person making the denial, and the grounds for the denial. In case the denial is by reason 
of a claimed exception, the denial shall also state clearly the legitimate aim or interest 
sought to be protected in the confidentiality, and the facts and circumstances invoked 
showing the substantial harm to, or frustration of, the legitimate aim or interest that will 
result in the disclosure of the information. 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. 
SEC. 12. Remedies iit Cases of Deitial. - 
a. In the executive and legislative branches and the constitutional bodies - 
1. 
Every 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 guidelines as required by Section 17 of this Act: 
Provided, That the appeal must be filed within fifteen (15) calendar days 
from the notice of denial and must be decided within fifteen (15) calendar 
days from filing. Failure of the government agency to decide within the 
aforestated period shall constitute a denial of the appeal; and 
2. 
Instead of appealing or after the denial of the appeal, the person 
denied access to information may, witlun fifteen (15) calendar days from 
the original denial or denial of the appeal, 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 
inf'orrnation requested, context of the request, public interest and danger 
that the information requested will become moot. 
b. In the Judicial Branch - The Supreme Court shall promulgate the remedies that 
would govern offices under its jurisdiction. 
c. The remedies under this section are without prejudice to any other 
administrative, civil or criminal action covering the same act. 
5 


d. The remedies available under this Act shall be exempt from the rules on non- 
exhaustion of administrative remedies and the application of the provisions of 
Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution 
Act of 2004. 
e. The Office of the Ombudsman shall promulgate its rules of procedure to effect 
the purposes of this Act. 
f. Unless restrained or enjoined, the decisions of the Office of the Ombudsman 
shall be immediately executory, without prejudice to review in accordance with 
the Rules of Court. 
g. In case the requester has limited or no financial capacity, the Public Attorney’s 
Office shall be mandated to provide legal assistance to the requester in availing 
of the remedies provided under this Act. 
SEC. 13, Mandatory Disclosure of Traitsadions lftvolviizg Public lirterest. - 
Subject to Sections 7 and 8 of this Act, all government agencies shall post on their 
bulletin boards and upload on their websites all the steps, negotiations and key 
government positions pertaining to definite propositions of the government, as well as 
the contents of the contract, agreement or treaty in the following transactions involving 
public interest: 
a. Compromise agreements entered into by a government agency with any person 
or entity involving any waiver or its rights or claims; 
b. 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 by the private sector; 
c. Procurement contracts entered into by a government agency; 
d. Construction or concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity; 
e. Loans, grants, development assistance, technical assistance and programs 
entered into by a government agency with official bilateral or multilateral 
agencies, as well as with private aid agencies or institutions; 
f. Loans from domestic and foreign financial institutions; 
g. Guarantees given by any government agency to government owned or - 
controlled corporations and to private corporations, persons or entities; 
h. Public funding extended to any private entity; 
i. Bilateral or multilateral agreements and treaties in defense, trade, economic 
partnership, investments, cooperation and similar binding commitments; or 
6 


j. Licenses, permits or agreements given by any government agency to any person 
or entity for the extraction and/or utilization of natural resources. 
SEC. 14. Proiiiotioti of Opeinless in Goverrwzerit. - 
a. Duty to Publish Information - Government agencies shall regularly publish and 
disseminate, at no cost to the public and in an accessible form, by print and 
through their website, timely, true, accurate and updated key information 
including, but not limited to: 
1. 
decision-making processes; 
2. 
and length of time by which they may be availed of; 
A description of its structure, powers, functions, duties and 
A description of the frontline services it delivers and the procedure 
3. 
Work programs, development plans, investment plans, projects, 
performance targets and accomplishments, and budgets, revenue 
allotments and expenditures; 
4. 
Important rules and regulations, orders or decisions; 
5. 
Current and important database and statistics that it generates; 
6. 
Bidding processes and requirements; 
7. 
Mechanisms or procedures by which the public may participate in 
or otherwise influence the formulation of policy or the exercise of its 
powers; and 
8. 
A guide on accessing information containing adequate information 
about its record-keeping system, the types of information it holds and/or 
publishes, the procedure for obtaining access by the public to such 
information, the person or office responsible for receiving the request and 
routing it to the person or office with the duty to act on the request, the 
standard forms and procedure for request, and the schedule of access fees. 
b. Keeping of Records - Government agencies shall maintain and preserve their 
records in a manner that facilitates easy identification, retrieval and 
communication to the public. They shall establish Management Information 
Systems (MIS) to strengthen their capability to store, manage and retrieve 
records, and to facilitate access to public records. The following shall not be 
destroyed: 
1. 
Records pertaining to loans obtained or guaranteed by the 
government; 
2. 
Records of government contracts; 
3. 
public officers and employees, as required by law; 
The declaration under oath of the assets, liabilities and networth of 
7 


4. 
public officers; and 
5. 
preservation or where there is likely to be such interest in the future. 
c. Accessibility of Language and Form - Every government agency shall endeavor 
to translate key information into major Filipino languages and present them in 
popular form and means. 
Records of official investigations on graft and corrupt practices of 
Other records where there is a significant public interest in their 
d. 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 of best practices 
in relation to information disclosure, records maintenance and archiving. 
SEC. 15. Crimiiial Liability. - The penalty of imprisonment of not less than six 
(6) months but not more than one (1) year, with the accessory penalty of suspension 
from office for the same duration, shall be imposed upon: 
a. Any public officer or employee receiving the request under Section 9 of this Act 
who shall knowingly refuse, or because of gross negligence fail, to promptly 
forward the request to the public officer 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. Any public officer or employee responsible for officially acting on the request, 
who shall: 
1. 
request within the periods required by this Act; 
2. 
Knowingly refuse, or because of gross negligence fail, to act on the 
Knowingly deny the existence of existing information; 
3. 
of frustrating the requester's access thereto; 
Deliberately destroy information being requested for the purpose 
4. 
Constitution, when the claim is manifestly devoid of factual basis; or 
Claim an exception under Section 8 of this Act, or under the 
5. 
Refuse to comply with the decision of his immediate supervisor, 
the Ombudsman or the court ordering the release of information that is 
not restrained or enjoined by a court; 
c. The head of office of the government agency directly and principally responsible 
for the negotiation and perfection of any of the transactions enumerated in 
Section 13 of this Act, who shall knowingly refuse, or because of negligence fail, 
to direct the mandatory posting or uploading of such transaction. The same 
penalty shall be imposed upon the public officer or employee who, despite a 
directive from the head of office, shall knowingly refuse, or because of 
negligence fail, to post or upload any of the transactions enumerated in Section 
14 of this Act; 
8 


d. Any public officer or employee who shall destroy, or cause to destroy, records of 
information covered by Section 14(b) of this Act; 
e. Any public officer who intentionally formulates 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; or 
f. Any public or private individual who knowingly induced or caused the 
commission of the foregoing acts under this section. 
SEC. 16. Strict Civil Liability. - In case a request for information is denied and 
subsequently reversed by final and executory judgment of the Ombudsman or the 
courts, the government agency shall be liable to pay the requester damages in the 
amount of One thousand pesos (Pl,OOO.OO) per day from the date of notice of denial 
until the date of compliance with the request, which amount shall be automatically 
appropriated. The public officer or employee and the private individual responsible for 
the denial shall be solidarily liable with the government agency, unless he can prove 
that such denial was made without fault or negligence, or was not done arbitrarily or in 
manifest bad faith. The liability under this section shall be without prejudice to actual, 
moral and exemplary damages that may be adjudicated under the law. 
SEC. 17. Giiideliiges. - 
a. For the full imylemeiztation of this Act within the executive branch of the 
government, the Office of the Press Secretary, particularly the Philippine 
Information Agency, shall, through a consultative process, promulgate within six 
(6) months from the passage of this Act, the general guidelines to which the 
government agencies controlled, supervised or situated under the Office of the 
President, and shall adhere in the establishment of their specific guidelines for 
access to information, which shall include: 
1. 
The location of the head, regional, provincial or field offices, or 
other established places where the public can obtain information or 
submit requests therefor; 
2. 
The types of information it holds and/or publishes; 
3. 
The person or office responsible for receiving the request and for 
routing it to the person or office with the duty to act on the request, and 
the standard forms and procedures for the request; 
4. 
access to information; and 
The procedure for the administrative appeal of any denial for 
5. 
The schedule of fees which shall be limited to fhe reasonable and 
standard charges for document search and reproduction, and the recovery 
of the direct costs thereof. 
Each of the abovementioned government agency, office and instrumentality shall 
submit to the Philippine Information Agency a copy of its guidelines for review to 
ensure the standardization of the procedure arid die uniformity of fees, without 
9 


prejudice to the right of the different agencies, offices and instrumentalities to adopt 
appropriate procedures for their unique functions and responsibilities. 
b. The legislative and judicial branches and the constitutional bodies shall 
promulgate their own guidelines that would govern offices under their 
respective jurisdictions. The Secretary of 
the Senate, the House of 
Representatives’ Secretary General, the head of the Supreme Court Public 
Information Office and the public information officers of the constitutional 
bodies shall be responsible in furnishing copies of their respective guidelines to 
the Philippine Information Agency. 
c. The Office of the Ombudsman shall likewise promulgate its special rules of 
procedure for the immediate disposition of complaints filed pursuant to Section 
12 of this Act. 
In no case shall the absence of the aforementioned guidelines be a reason for the 
denial of any request for information made in accordance with this Act. 
SEC. 18. Act Not a Bar to Claiin of Right to Itlfonrtatiorr Urider tlze Cortstitutiori. 
- 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. 
SEC. 19. Separnbilitii Clause. - If, for any reason, any section or provision of this 
Act is held unconstitutional or invalid, no other section or,provision shall be affected. 
SEC. 20. Repealifrg Clause. - All laws, decrees, executive orders, rules and 
regulations, issuances or any part thereof inconsistent with the provisions of this Act, 
including Memorandum Circular No. 78 dated 14 August 1964 (Proniulgating 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. 
SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation. 
Approved, 
10