TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
c ‘fi.-r jf ■
25 JUL21 A10:26
SENATE
s. No. 720
m
Introduced by Senator FRANCIS N. PANGILINAN
AN ACT
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE 
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY 
IN THE PUBLIC SERVICE, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippine Constitution explicitly guarantees the people's fundamental right 
to information on matters of public concern (Section 7, Article III) and mandates full 
public disclosure of all government transactions involving public interest (Section 28, 
Art. II). These provisions are foundations for promoting democracy, fostering people's 
participation, ensuring government accountability, and preventing corruption.
Despite these constitutional mandates, an enabling law providing for the 
effective exercise of this right has remained elusive for over three decades. Its passage 
is paramount to fully implement the aforesaid constitutional right.
In 2016, Executive Order No. 2 (2016), operationalized the right to information 
in the Executive branch, supported by the eFOI portal. A renewed commitment to this 
principle was shown with the issuance of Executive Order No. 31 (2023), which 
institutionalized the Philippine Open Government Partnership (PH-OGP) that aligned 
all government branches towards open governance reforms.


The immediate passage of this bill is earnestly sought to fulfill a long-awaited 
constitutional mandate to ensure transparency and accountability, thereby 
strengthening public trust.
FRANCIS ^^NGILINAN
S^tor


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TWENnETHCONGRESSOFTHE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
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25 JUL 21 AI0.-27
SENATE
S. No. 720
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Introduced by Senator FRANCIS N. PANGILINAN
AN ACT
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE 
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY 
IN THE PUBLIC SERVICE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the "People's 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 and implements a policy of full 
public disclosure of all its transactions involving public interest, subject to the 
procedures and limitations provided by this Act. It is likewise the declared policy of 
the State to promote the meaningful and increased participation of the people in 
government decision-making and public accountability. Public officials and employees, 
in the performance of their duties under this Act, as well as citizens in the exercise of 
their rights under this Act, shall handle information kept or obtained under this Act 
fairly, lawfully and with due regard to the full protection of the right to privacy of 
individuals.
Sec. 3. Definition of Terms. - As used in this Act:
a) Information shall mean any public and/or official record, document, paper, 
report, letters, contract, minutes and transcripts of official meetings, maps, 
books, photographs, data, research material, film, audio and video 
recordings, magnetic or other tapes, electronic data, computer stored data, 
or archived in whatever form or format, which are made, received or kept in


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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) Official record/records shall refer to information, in final form produced or 
received by a public officer or employee, or a government agency in an 
official capacity or pursuant to a public function or duty;
c) Public record/records shall include information required by law, executive 
orders, rules or regulations to be entered, kept and made publicly available 
by a government agency;
d) Public service contraAor shall be defined as a private entity that has a 
dealing, contract or transaction of whatever nature with the government or 
a government agency/ office that utilizes public funds;
e) Personal information shall refer to any information whether recorded in a 
material form or not from which the identity of an individual is apparent or 
can be reasonably and directly ascertained by the entity holding the 
information or when put together with other information would directly and 
certainly identify an individual;
f) Sensitive persona! information shall refer to personal information;
1) about an individual's race, ethnic origin, marital status, age, color and 
religious, philosophical or political affiliations;
2) about an individual's health, education, genetic or sexual life of a person 
or to any proceedings for any offense committed or alleged to have been 
committed by such person, the disposal of such proceedings, or the 
sentence of any court;
3) issued by government agencies peculiar to an individual which includes, 
but not limited to, social security numbers, previous or current health 
records, licenses or its denials, suspension or revocation and tax returns; 
and
4) specifically established by an executive order or an act of Congress to be 
kept classified.
g) Personal data refers to any and all forms of data, which, under the Rules of 
Court and other pertinent laws constitute privileged communication.


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Sec. 4. Coverage. - This Act shall cover all government agencies which shall
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include the executive, legislative and judicial branches as well as the constitutional
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bodies of the Republic of the Philippines, including but not limited to, the national
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government and all its agencies, departments, bureaus, offices and instrumentalities,
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constitutional commissions and constitutionally mandated bodies, local governments
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anti all their agencies regulatory agencies, chartered institutions, government-owned-
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or-controlled corporations (GOCCs), including government financial institutions (GFIs),
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government instrumentalities with corporate powers (GICP), government corporate
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entities (GCE), and non-chartered GOCCs, and state universities and colleges.
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Sec. 5. Access to Information. - Every Filipino citizen has a right to and shall,
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on request, be given access to any information of public concern under the control of
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a government agency regardless of the physical form or format in which they are
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contained subject only to the exceptions enumerated in Section 7 of this Act.
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Sec. 6. Presumption. - There shall be a legal presumption in favor of access to
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information. No request for information shall be denies unless it clearly falls under the
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exceptions provided under this Act. Accordingly, government agency shall have the
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burden of proof of showing by clear and convincing evidence that the information
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requested is exempted from the disclosure by this Act.
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Sec. 7. Exceptions. - Access to information shall be granted unless:
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(a) The information is specifically authorized to be kept confidential under
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guidelines established by an Executive Order, and in fact properly classified pursuant
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thereto: Provided, That
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1) The information directly relates to national security or defense and its
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revelation may cause damage to the national security or internal and
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external defense of the State;
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2) The information requested pertains to the foreign affairs of the Republic
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of the Philippines, when its revelation shall unduly weaken the
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negotiating position of the government in an ongoing bilateral or
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multilateral negotiation or seriously jeopardize the diplomatic relations
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of the Philippines with any State, or prejudice the entrusting of
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information to the Republic of the Philippines on a basis of confidence
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by the government of any other country or any international


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organization: Provided, That sufficient information is disclosed to afford 
reasonable public participation in government decision-making on 
bilateral and multilateral agreements: Provided, further: That the head 
of the department or agency having custody or possession of such 
information shall keep under continuing review all classified information 
in his custody and may direct the declassification review of such review 
as needed. Declassification of information shall be subject to the 
approval of the President.
(b) The information consists of minutes or records of advice given or of options 
expressed during decision making or policy formulation including 
exchanges when the Chief Executive was not present, if invoked by the 
Chief Executive to be part of presidential communications privilege. 
Whenever disclosure would significantly undermine the free and frank 
provision of advice or exchange of views: Provided, That an executive order 
shall be issued specifying the reasonable period after which information 
invoked to be privileged under this paragraph shall be made accessible to 
the public.
(c) The information requested pertains to internal auditor and/or eternal 
defense, law enforcement, and border control, when the disclosure thereof 
may:
1) Compromise or interfere with any legitimate military or law enforcement 
operation; or
2) Compromise or interfere with the legitimate prevention, detection or 
suppression of criminal activity, or the legitimate implementation of 
immigration controls and border security; or
3) Lead to the disclosure of the identity of a confidential source, including 
a government, or foreign agency or authority or any private institution 
which furnished information compiled by law enforcement authority in 
the course of an investigation or by an agency conducting a lawful 
national security intelligence investigation or by an agency conducting a 
lawful national security intelligence investigation, information furnished 
by a confidential source; or


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4) Disclose legitimate techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose legitimate guidelines for 
law enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
5) Endanger the life or physical safety of any individual; or
6) Deprive a person of a right to a fair trial and impartial adjudication.
(d) The information requested pertains to matters of human security, such as, 
but not limited to, food, health, money and trade: Provided, That such 
disclosure or premature disclosure will imperil our well-being or degrade 
the quality of life of our people by causing unnecessary panic and conflict 
and threatening to limit the range of policy choices available to the 
concerned implementing and regulating agencies: Provided, further. That 
this exception shall apply only until such time that the confidentiality 
requirement of the action plan of said agency is no longer.
(e) The information requested pertains to the assistance of government to 
overseas Filipino workers, including, but not limited to their cases and 
records on criminal and family cases; and information that could 
compromise or weaken their case or position in any legal proceeding;
(f) The information requested involve records of foreign diplomats on 
diplomatic and consular missions, their arrival and departure, and other 
information that could compromise their safety or that such information is 
considered confidential by the Vienna Convention on Diplomatic Relations 
and the Vienna Convention on Consular Relations;
(g) The information requested are exempted under a treaty or bilateral 
agreement to which the Philippines is a party;
(h) The information requested consists of drafts or 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. The revelation of which 
would impair the impartiality of verdicts or otherwise obstruct the 
administration of justice.


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(i) The information requested or obtained by either House of Congress, or any 
committee thereof, in executive session;
(i) The information requested pertains to the personal and sensitive information 
of a natural person other than the requesting party, and its disclosure would 
constitute an unwarranted invasion of his or her personal privacy, unless it 
forms part of a public record, and the person is or was an official or 
employee of a government agency and the information relates to his public 
function and the person has consented, in writing, to the disclosure of the 
information. To the extent required to prevent an unwarranted invasion of 
privacy, an agency may redact such personal data from a record made 
available to the public;
(k) The information requested forms part of a public record but its disclosure 
would expose the people concerned to acts of discrimination, unless such 
information is first redacted by the concerned government agency;
(l) 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 prejudice the interests of such natural or juridical 
person in trade, industrial, financial or commercial competition. This 
includes information protected under the Anti-Money Laundering Law, as 
amended, and the bank secrecy laws.
(m) The information is required to be kept confidential by law or consists of 
privileged information unless the person entitled to the privilege has waived 
it;
(n) The information requested is exempted from disclosure by Constitution or 
by law.
(o) The information is of a nature that its premature disclosure would:
1) In the case of an agency that regulates or deals with currencies, interest 
rates, securities, commodities, or financial institutions, be likely to lead 
speculations in currencies, interest rates, securities or commodities 
market, or


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2) In the case of other agencies, be likely to frustrate the effective 
implementation of a proposed official action: Provided, That the 
information shall be disclosed once the aforementioned dangers have 
ceased.
(p) The information has already been made accessible as provided in Sections 
8(a), 9,11 and 14 of this Act.
(q) The information requested pertains to information about the ongoing 
evaluation or review of bids or proposals undertaken by the bidding or 
review committee prior to an official recommendation by the government. 
For paragraphs (c) to (q) 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 9 officer/s duly designated by him; Provided, 
That:
1) The exceptions are strictly construed;
2) The exceptions are not used to cover-up a crime, or any unlawful 
activity;
3) The President, the Supreme Court, the Senate, the House of 
Representatives, and the Constitutional Commissions with a majority 
vote of the body in accordance with their own rules of procedure when 
applicable 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;
4) The exceptions do not constitute authority to withhold information from 
or limit the availability of records to Congress, or any of its committees;
5) The exceptions do not constitute an authority of the executive branch of 
a local government unit to withhold information from its legislative body;
6) Whenever the information requested is part of a record, whose other 
parts are covered by an exception, but may be reasonably severed from 
a record, the responding official shall communicate the information not 
covered by the exception to the requester; and


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7) The exceptions set forth in this Section may be overcome if the requester 
is able to prove before a court of competent jurisdiction that the public 
interest in the disclosure of information outweighs the public interest in 
keeping the information secret or confidential; All exempted information 
under this Section shall be mandatorily reviewed after every three (3) 
years by the head of office or agency in custody or control of the 
information for reclassification and possible disclosure. Provided, That 
such information to be disclosed by an agency under the executive 
branch shall be subject to the approval of the President.
Sec. 8. Mandatory Disclosure of Information. -
a) In fulfillment of Art, XI, Section 17 of the Constitution, the following national 
officials shall disclose to the public their Statement of Assets, Liabilities, and 
Net Worth (SALN) on an annual basis in their official website:
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 offices;
7) Officers of the Armed Forces with general or flag rank.
b) All agencies of all branches of government shall upload on their websites,
which shall be updated monthly, a register of the following public interest
transactions, 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 the IRA Utilization;
5) Annual Procurement Plan and Procurement List;
6) 
An updated plantilla of positions and vacant positions with 
qualifications/requirements in their organizations that need to be filled 
up;
7) Items to Bid;


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8) Bid Results on Civil Works, and Goods and Services;
9) Abstract of Bids As Calculated;
10) Procurement contracts entered into by a government agency;
11) Construction of concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity;
12) 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;
13) Public funding extended to any private entity;
14) Bilateral or multilateral agreements and treaties in trade, economic 
partnership, investments, cooperation and similar binding commitments;
15) Licenses, permits or agreements granted by any government agency to 
any person or entity for the extraction and/or utilization of natural 
resources and a list of the grantees;
16) Guarantees given by any government agency to government-owned or 
controlled corporations and to private corporations, persons or entities;
17) Loans from domestic and foreign financial institutions;
18) Loans, grants, development assistance, technical assistance, and programs 
entered into by government agency with official bilateral or multilateral 
agencies, as well as with private aid agencies or institutions; and
19) Compromise agreements entered into by a government agency with any 
person or entity. The register shall contain a brief description of the 
transaction involved including, but not limited to, the nature and object of 
the transaction, the parties, and amounts involved, the key steps 
undertaken towards its conclusion, and the relevant dates provided that 
contracts and agreements involving an amount of at least Fifty Million 
Pesos (Php50,000,000.00) shall be uploaded in full on the website of the 
concerned government agency or the Official Gazette online. A covered 
record shall be enrolled in the register not later than thirty (30) working 
days from the perfection or issuance.


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Sec. 9. Openness and Transparency in Government Agencies. - Each
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government agency shall make available upon the request of any citizen at no cost
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and in an accessible form, consistent with the provisions of Republic Act No. 9485, or
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the Anti-Red Tape Act of 2007, and through their website, timely, true, accurate and
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updated key information including, but not limited to;
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1) A description of its mandate, structure, powers, functions, duties and
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decision-making processes;
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2) A description of the frontline services it delivers and the procedure and
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length of time by which they may be availed of;
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3) The names of its key officials, their powers, functions, and responsibilities,
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and their profiles;
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4) Audited financial statements, and budget and expenditure records;
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5) Statement of assets, liabilities and net worth of all public officials with Salary
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Grade and above or heads of office;
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6) Monthly income including allowances and sources of income of all public
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officials with Salary Grade 27 and heads of office, provided that names of
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minor children, if any, may be redacted;
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7) Work programs, development plans, projects, performance targets and
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accomplishments, and budgets, revenue allotments and expenditures;
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8) Important rules and regulations, orders or decisions: Provided, That they be
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published within fifteen (15) calendar days from promulgation;
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9) Rules of procedure, descriptions of forms available or the places at which
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forms may be obtained, and instructions as to the scope and contents of all
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papers, reports or examinations;
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10) Substantive rules of general applicability adopted as authorized by law, and
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statements of general policy or interpretations of general applicability
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formulated and adopted by the agency, including subsequent amendments;
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11) Current and important database and statistics that it generates;
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12) Bidding processes, deadlines and requirements; and
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13) Mechanisms or procedures by which the public may participate in or
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otherwise influence the formulation of policy or the exercise of its powers;
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14) Any disclaimer that shall announce true and correct information relative to a
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matter of public concern that has been the subject of untruthful or inaccurate
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publication in media. All government agencies shall over time endeavor and
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build the capacity and practice to upload in full all other contracts,
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agreements or treaties covered under this section, in particular those that
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are of the highest public interest by reason of the amounts involved and the
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impact of the transaction to the public.
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Sec. 10. Protection of Privacy. - While providing for access to information in
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public records, this Act also affords full protection of the right to privacy of individuals,
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as follows:
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a) Disclosure of public records involving personal data shall be guided by the
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principle of transparency, legitimate purpose, and proportionally;
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b) A government agency must ensure that personal data in its custody or
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under its control is disclosed only as permitted under this Act;
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c) A government agency must protect personal data in its custody or under
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its control in accordance with the provisions of the Data Privacy Act of
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2012, its implementing rules and regulations, and issuances by the
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National Privacy Commission;
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d) An employee, officer or official of a government agency who has access,
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whether authorized or unauthorized, to personal data in the custody of
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the agency, has the duty to keep the personal data confidential except as
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authorized under this Act.
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Sec. 11. Freedom of Information Manual. -
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a) For the effective implementation of this Act, all government agencies shall
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prepare a Freedom of Information Manual, within six (6) months from the
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effectivity of this Act indicating the following:
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1) The location and contact information of the head, regional, provincial
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and field offices, and other established places where the public can
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obtain government information or submit requests;
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2) The types of information it generates, produces, holds and/or
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publishes;
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3) A description of its record-keeping system;
n


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4) The person or office responsible for receiving requests 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 acknowledgment of the request;
7) The process for the disposition of the request, including the routing
of the request to the person or office with the duty to act on the 
request, 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 8 of this Act. Provided, That should the 
agency lack the capacity to fully comply therewith, a brief 
description of its plan to facilitate compliance within three (3) 
years from the approval of this Act;
11) Such other information, taking into consideration the unique 
characteristics of an agency, that will help facilitate the effective 
implementation of this Act;
12) The foregoing information shall also be posted in its website and 
bulletin boards, and shall be regularly updated;
13) 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; and
14) 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 included in the FOI Manual.
Sec. 12. Procedure of Access. -
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a) Any person who wishes to obtain information shall submit, free of charge, a 
request to the government agency concerned personally, by mail, or through 
electronic means. A person who is unable to make a written request for 
information, because of illiteracy or disability, 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 requesting party. The request shall state the name and 
preferred contact 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 a ground to deny the request or to refuse 
the acceptance of the request, unless such reason is contrary to law, public 
order or public policy. 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 verifiable identification, or other convenient means as determined by the 
agency.
b) The public official receiving the request shall provide reasonable assistance, 
free of charge, to enable all requesters and particularly those with special 
needs, to comply with the request requirements under this section.
c) 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 official 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.
d) The request may indicate the requesting party's preferred mode and means 
of receiving the information requested, provided that the mode and means
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of receiving are reasonable and, taking into consideration equipment
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normally available to the concerned government agency.
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e) A government agency may communicate the information requested in a form
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other than the preferred means whenever the agency has no capability in
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communicating the information in the preferred format, or such preferred
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means would unreasonably interfere with the effective operation of the
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agency or be detrimental to the preservation of the record.
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f) The government agency shall comply with such request as soon as
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practicable, and in any case within fifteen (15) working days from the receipt
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thereof. The period may be extended whenever the information requested
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requires a search of the government agency's field or satellite offices,
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examination of voluminous records, the occurrence of fortuitous events or
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other analogous cases.
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g) The government agency shall, in writing or through electronic means, notify
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the person making the request of the extension, setting forth the reasons
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for such extension and the date when the information shall be made
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available, which in no case shall result in an extension of more than twenty
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(20) working days.
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h) Once a decision is made to grant the request, the person making the request
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shall be notified of such and shall pay the required access and processing
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fees. If the information is not held by the government agency to which the
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request was made, it shall notify the requester that it does not hold the
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information, and indicate to the requester which agency holds the record, if
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known. Whenever practicable, the agency receiving the request may also
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cause the transfer of the request to the appropriate agency that holds the
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information. Provided, That the period to comply with the request under this
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section shall begin to run only upon the receipt of the agency to which the
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request is transferred.
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Sec. 13. Access and Processing Fees. - Government agencies may charge a
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reasonable fee which shall in no case exceed the actual cost of reproduction, copying
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or transcription and the communication of the information requested. An agency may
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waive the fees whenever it is satisfied that the requester is an indigent, or that the
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cost of reproduction is negligible, or that it is pursuant to a program for proactive
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disclosure.
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Sec. 14. Exemption from Compliance. - A government agency is excused from
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complying with a subsequent identical or substantially similar request from the same
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requesting party if both requests will require the agency to provide the same
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information to the requesting party, unless a reasonable interval has lapsed between
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compliance with the previous request and the making of the current request. Provided,
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That the government agency complies with Section 15 of this Act.
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Sec. 15. Notice of Denial. - If the government agency decides to deny the
10 
request, in whole or in part, it shall, as soon as practicable, and in any case within
11 
fifteen (15) calendar days from the receipt of the request, notify the person making
12 
the request of such denial in writing or through electronic means. The notice shall
13 
clearly set forth the ground or grounds for denial and the circumstances on which the
14 
denial is based, and indicate available rights of reconsideration or appeal. Failure to
15 
notify the person making the request of the denial, or of the extension, shall be
16 
deemed a denial of the request for access to information.
17 
Sec. 16. Remedies in Cases of Denial Request for Information. -
18 
a) In all government agencies other than the judicial branch:
19 
1) Every denial of any request for access to information may be appealed to
20 
the person or office next higher in authority of the same agency.
21 
b) In the Judicial branch, the judiciary shall be governed by such remedies as
22 
promulgated by the Supreme Court.
23 
c) The remedies provided in this section are without prejudice to any other
24 
administrative, civil or criminal action covering the same act.
25 
d) The remedies available under this Act shall be cumulative and subject to the
26 
rule of exhaustion of administrative remedies. The provisions of Republic Act
27 
No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004,
28 
shall not apply to cases filed pursuant to this section.
29 
e) In case the requesting party has limited or no financial capacity, the Public
30 
Attorney's Office shall be mandated to provide legal assistance to the
31 
requester in availing of the remedies provided under this Act.
32 
Sec. 17. Keeping of Records. -
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a) Government agencies shall create and/or maintain in appropriate formats, 
accurate and reasonably complete documentation or records of their 
organization, policies, transactions, decisions, resolutions, enactments, 
actions, procedures, operations, activities, communications and documents 
received or filed with them and the data generated or collected. These shall 
include working files such as drafts or noted, 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. This likewise include 
information submitted by public service contractors to the government 
agency concerned such as receipts, identities of the suppliers, purchase 
orders, cash vouchers, related agreements with other private entities, and 
other documents related to the execution or the implementation of their 
transactions or contracts with the government agency involved.
b) Government agencies shall identify specific and classes of official records in 
their custody or control that have continuing historical, administrative, 
international, 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 shall require agencies to preserve and transfer to it.
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.
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d) Government agencies shall prepare, following standards and period
2 
promulgated pursuant to Republic Act No. 9470 or the National Archives of
3 
the Philippines Act of 2007, a records management program that includes
4 
the following:
5 
1) A records maintenance system for the creation, selection, classification,
6 
indexing and filing of official records that facilitate the easy identification,
7 
retrieval and communication of information to the public;
8 
2) A records maintenance, archival and disposition schedule providing a
9 
listing of records under current use, for retention by the agency, for
10 
transfer to the National Archives, or for destruction; Provided, That
11 
destruction of the official records may be implemented only upon
12 
approval of the National Archives of the Philippines; and
13 
3) A specification of the roles and responsibilities of agency personnel in
14 
the implementation of such system and schedule.
15 
e) In addition to its function as repository of all rules and regulations issued by
16 
agencies as provided under Book VII, Chapter II of the Administrative Code
17 
of 1987, the University of the Philippines Law Center shall, in coordination
18 
with the Office of the President which has exclusive editorial and printing
19 
jurisdiction over the Official Gazette, and with other relevant agencies,
20 
maintain a database, and publish the same in print in the Official Gazette or
21 
in digital or online form, the following:
22 
1) All laws of the Philippines and their amendments, from the period of
23 
the Philippine Commission to the present;
24 
2) All presidential issuances from November 15, 1935 to the present
25 
including, but not limited to, executive orders, presidential
26 
proclamations, administrative orders, memorandum circulars, general
27 
orders, and other similar issuances;
28 
3) A database of all appointments and designations made by the
29 
President 20 of the Philippines; and
30 
4) Opinions of the Secretary of Justice.
31 
Sec. 18. Publication in the Official Gazette. - For purposes of mandatory
32 
disclosure as provided in Section 8 of this Act, online publication in the Official
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Gazette website shall be considered official publication provided there shall be a
2 
timestamp in the said document. For purposes of compliance with Article 2 of the
3 
Civil Code of the Philippines, publication of the following in the online version of the
4 
Official Gazette, with the corresponding timestamps on the documents, shall be
5 
considered as official publication:
6 
a) All legislative acts and resolutions of a public nature of the Congress of the
7 
Philippines;
8 
b) All executive and administrative orders ad proclamations of general
9 
application;
10 
c) Decisions or abstracts of decisions of the Supreme Court and the Court of
11 
Appeals or other courts of similar rank, as may be deemed by said courts of
12 
sufficient importance to be so published;
13 
d) Such documents or classes of documents as the President shall determine
14 
from time to time to have general application or which he may authorize to
15 
be published. However, other documents or classes of documents as may be
16 
required to be published by law, such as petitions and/or legal notices in
17 
connection with land titles, naturalization or special proceedings shall
18 
continue to be published in the print version of the Official Gazette or in any
19 
newspaper of general circulation for purposes of compliance with the
20 
publication requirement.
21 
Sec. 19. Capacity-Building, Promotion of Best Practices and Continuous
22 
Updating of Appropriate Information Technology and FOL - All government agencies
23 
must ensure that they have a compliant website within two (2) years from the date
24 
of effectivity of this Act. The Department of Information and Communications
25 
Technology (DICT) shall monitor all government agency websites and render the
26 
appropriate support including capacity-building program and coordination with
27 
another appropriate agency, utilizing alternative mechanism and seeking the
28 
assistance of private relevant and willing volunteer groups to ensure full compliance
29 
with the requirements of this Act. In the performance of its monitoring function of
30 
government websites and portals, the DICT shall endeavor to continuously develop,
31 
improve and update its information technology system taking into consideration
32 
usability and practical accessibility of government documents by the public. The DICT
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shall be responsible for setting the standards for the file formats to be used by the
2 
political subdivisions of the State. All national and local government agencies including
3 
GOCCs with or without an original charter in the publication of government public
4 
information in accordance with the provisions of this Act. Every government agency
5 
shall ensure the provision of adequate training for its officials to improve awareness
6 
of the people's right to information and the provisions of this Act, and to keep updated
7 
as to best practices in relation to information disclosure, records maintenance and
8 
archiving.
9 
Sec. 20. Use of Plain Language. - Every government agency shall endeavor to
10 
use plain language in their communications orders, compliance requirements or
11 
instructions issued to implement the provisions of this Act. The government agencies
12 
shall translate key information into major Filipino languages and present them in
13 
popular form and means:
14 
1) To carry out the provision of this Act, the Civil Service Commission (CSC) is
15 
designated to issue guidelines on the use of plain language to suit the needs
16 
of the requesting party;
17 
2) The CSC shall provide the necessary training to employees of each
18 
government agency in using plain language in public documents.
19 
3) All departments, agencies and instrumentalities of the national government,
20 
including government-owned or-controlled corporations, local government
21 
units and state colleges and universities 
shall designate 
an official
22 
responsible for implementing the plain language; and
23 
4) Website contents including, but not limited to, financial data, notices and
24 
other technical and legal documents, of government agencies must also be
25 
written in plain language to ensure that these information are easy to read,
26 
understand and use.
27 
Sec. 21. Administrative Offenses and Penalties. -
28 
a) The acts enumerated in this sub-section shall be tantamount to grave
29 
administrative offenses and shall constitute grounds for administrative and
30 
disciplinary sanction against any public official or employee who willfully and
31 
knowingly commits the following:
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1) Refusal to promptly forward the request under Section 12 of this
2 
Act to the public officer within the same office or agency
3 
responsible for officially action on the request when such is the
4 
direct cause of the failure to disclose the information within the
5 
periods required by this Act.
6 
2) Failure to act on the request within the periods required by this
7 
Act;
8 
3) Refusal to comply with the decision of his immediate supervisor, or
9 
of any court ordering the release of information;
10 
4) Approval of the policies, rules and regulations clearly contrary to the
11 
provisions of this Act, and which policies, rules and regulations are
12 
the direct cause of the denial of the request for information;
13 
5) Failure to upload information required to be posted in the agency's
14 
website within the period provided under Section 19; Provided; That
15 
the head of the agency or any other officer or employee tasked to
16 
perform said uploading shall be held liable.
17 
b) The preceding subsection does not bar filing of appropriate administrative
18 
cases other than those grave offenses enumerated above.
19 
Sec. 22. Criminal Offenses and Penalties. - The penalty of imprisonment of not
20 
less than one (1) month but not more than six (6) months and a fine ranging from
21 
ten thousand pesos (Php 10,000.00) to one hundred thousand pesos (Php
22 
100,000.00) shall be imposed upon:
23 
a) Any public official or employee who falsely denies or conceals the existence
24 
of information that is a proper subject for disclosure under this Act.
25 
b) Any individual who knowingly directed, induced or caused the commission
26 
of the foregoing acts shall be liable as principal by inducement in the
27 
prosecution of public officials or employees under this section.
28 
c) Any public officer or employee responsible for officially acting on the
29 
request, who shall claim an exception undersection 7 of this Act, or under
30 
the Constitution, when such claim is manifestly devoid of factual basis.
31 
d) Any individual who divulged or released information covered under Section
32 
7 of this Act.
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e) Any public officer or employee who divulged or released information that is
2 
altered, tampered or modified to the extent that the released information
3 
materially differs from the original contents of the document: Provided,
4 
That altering or modifying a document for the purpose of severing an
5 
exempt information from non-exempt information in a single document
6 
shall not be punishable under this subsection.
7 
f) The responsible officers of the public service contractor and the signatories
8 
to the contract or any document evidencing transaction with the
9 
government or government agency who fail to submit the necessary
10 
documents/papers. If the violation committed in this Act is induced and
11 
assisted by a private individual or a corporation, partnership or any kind of
12 
judicial entity, the penalty provided herein shall be imposed on its executive
13 
officer and/or other officials responsible therefor: Provided, That they shall
14 
suffer, in addition to the penalties provided herein, the automatic
15 
revocation of their license to operate. Any public official or employee who
16 
willfully destroys, or causes to be destroyed, or sells, information and/or
17 
documents being requested under this Act, for the purpose of frustrating
18 
the requesting party’s access thereto shall suffer a fine of not less than five
19 
hundred thousand pesos (P500,000.00) but not more than one million
20 
pesos (Phpl,000,000.00) or a penalty of five (5) years but not more than
21 
fifteen (15) years or both, as provided in Republic Act No. 9470 or the
22 
National Archives Act.
23 
Sec. 23. Denial in Good Faith Not a Ground for Liability. - A denial in good faith
24 
of a request made pursuant to the provisions of this Act shall not constitute grounds
25 
for administrative, civil or criminal liability. In cases of denial of the request, the public
26 
official, officer, or employee involved must prove that he/she acted in good faith by
27 
specifying the ground relied upon for the denial.
28 
Sec. 24. Act Not a Bar to Claim of Right to Information Under the Constitution.
29 
- No provision of this Act shall be interpreted as a bar to any claim of the right to 14
30 
information under Article 111, Section 7 of the Constitution.
31 
Sec. 25. Integration of Freedom of Information (FOI) and Good Governance in
32 
Elementary and Secondary Curriculum. - To ensure a well-informed generation of
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citizens, the right to information, the principles of accountability and transparency,
2 
democracy and leadership, and good governance shall be integrated in such subjects
3 
as Heyographia, Kasaysayan at Sibika (HEKASI) and Araling Panlipunan in the
4 
elementary level and in such subjects as Social Studies and Makabayan or its
5 
equivalent studies in high school level. The Department of Education in coordination
6 
with the Civil Service Commission and other relevant offices shall prepare the
7 
necessary modules and teaching programs consistent with the objectives of this Act.
8 
Sec. 26. Reports on FOl - All government agencies shall be registered to submit
9 
annual reports on the number of requests for information received and processed, of
10 
appeals made from the denial thereof, and such other information as provided in this
11 
Act. The said report may be integrated in the agencies' main Annual Reports. Their
12 
posting and publication in the agencies' respective websites shall be considered
13 
sufficient compliance.
14 
Sec. 27. System of Incentives and Rewards. - A system of special incentives
15 
and rewards is hereby established to be given to appropriate government agency or
16 
agencies that initiated and displayed compliance and full participation in the
17 
meaningful implementation of this Act. The incentives and rewards may include, but
18 
shall not be limited to, social projects, grants-in-aid, national recognition and similar
19 
entitlements.
20 
Sec. 28. Appropriations. - The amount necessary to carry out the provisions of
21 
this Act shall be charged against the agencies' current budget and shall thereafter be
22 
included 10 in the annual General Appropriations Act.
23 
Sec. 29. Separabiiity Ciause. - If any section or part of this Act is held
24 
unconstitutional or invalid, the other sections or provisions not otherwise affected shall
25 
remain in full force and effect.
26 
Sec. 30. Repealing Clause. - All laws, decrees, executive orders, rules and
27 
regulations, issuances or any part thereof inconsistent with the provisions of this Act,
28 
including Sections 18, 24, and 25 of Executive Order No. 292 in relation to Article 2 of
29 
Republic Act No. 386, Memorandum Circular No. 78 dated 14 August 1964
30 
(Promulgating Rules Governing Security of Classified Matter in Government Offices),
31 
as amended, and Section 3, Rule IV of the Rules Implementing Republic Act No. 6713
32 
(Code of Conduct and Ethical Standards for Public Officials and Employees), are
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1 
deemed repealed: Provided: That Memorandum Circular No. 78 shall be deemed
2 
repealed after one (1) year from the effectivity of this Act or upon issuance of the
3 
Executive Order in Section 7(a) whichever comes first.
4 
Sec. 31. Effectivity. - This Act shall take effect fifteen (15) days after its
5 
publication in the Official Gazette or in at least two (2) newspapers of general
6 
circulation.
Approved,
23