FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 
2354 
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INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
EXPLANATORY NOTE 
Proverbs 18:15 Tells Us That, "The heart of the prudent gets knowledge; and the 
ear of the wise seeks knowledge," 
More than 70 countries have already adopted laws that grant citizens the right to 
access government information, Indeed, the right of the people to government-held 
information is recognized and observed globally, 
In the Philippines, this right to information is found in the 1987 Constitution itself. 
The right is mandated and guaranteed. The high level of importance accorded to the 
right to information is only proper giv!'ln its key role in empowering the people, ensuring 
good governance, strengthening democracy and facilitating sustainable development 
The framers of the Constitution, cognizant of the necessity to ensure 
transparency and accountability in government, have included the right of the people 
under the Declaration of PrinCiples and State Policies. Section 28, Article II of the 1987 
Constitution provides that "subject to reasonable conditions prescribed by law, the State 
adopts and implements a policy of full public disclosure of all its transactions involving 
public interest." 
This is reinforced by Section 7, Article III which provides that, "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 such limitations as may be 
provided by law." 
This right to information is not limited to making government open and 
accountable, It encompasses the "right to know" which 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. The people's right to 
information is a vital element of a functioning democracy. 
The Philippines is a democratic country. To strive for the ideal of "a government 
by the people for the people and of the people," the citizens must have access to 
information on matters of public concern. It is the free flow of information about the 
affairs of government that paves the way for public participation, and fosters 
accountability in government. Access to information ensures an enlightened citizenry 
who can beUer participate in policy and decision-making. It also strengthens the role of 
public institutions in ensuring checks and balances in government. Furthermore, this 


helps prevent the commission of graft and corruption and thereby serves as a key to an 
efficient and effective government. 
The people's right to information is also essential in economic life. It provides the 
institutional foundation for a more responsive government planning. It enhances the 
capacity of the public to provide timely feedback to government and to build consensus 
around policy objectives and design. The availability of information on official rules, 
policies, programs, and resource allocation also enables the private sector to make 
sound long-term economic decisions. 
We have been paying a high price for the absence of such enabling law. 
Corruption has been so rampant such that we have lost billions, tens of billions and 
maybe even hundreds of billions that should have been used to address our people's 
needs. In fact, a World Bank study is much quoted has having found that for everyone 
peso that the government collects, 40 centavos goes to corruption. 
The country's international standing on corruption has steadily worsened from 
1999 to 2008. Transparency International's corruption perception survey placed the 
Philippines as the 54 th least corrupt out of 99 countries in 1999; 65th of 91 in 2001; 77th 
of 102 in 2002; 92nd of 133 in 2003. In 2004, the Philippines breached the 100 level, 
and ranked 102nd out of 146 countries, then 121 st of 163rd in 2006, then moved on to 
being 131 st out of 180 in 2007, and further deteriorated to 141 st out of 180 countries in 
2008! 
Among Asian countries, our reputation appears unprecedented. The Political & 
Economic Risk Consultancy (PERC) survey found that the Philippines was 5th most 
corrupt of 12 countries in 1998, 4th most corrupt of 12 countries in 2001 and 2004, 3rd 
most corrupt in 2005, and number 1 most corrupt in 2007 and 2008 out of 13 Asian 
countries. 
It is for these reasons that the immediate passage of this bill is sought. The bill 
seeks to enable free access to official information by citizens based on the principles of 
maximum disclosure and open, accountable and transparent government. The only 
exception is when the disclosure of such information would jeopardize other 
prerogatives of the government or violate the privacy of an individual, namely, the 
protection of the privacy of individual rights, national security, public order and safety, 
foreign diplomatic relations and intellectual property rights and trade secrets. 
~<--
Senator Alan Peter "Compafiero" S. Cayetano 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B. No. 2354 
INTRODUCED BY SENATOR ALAN PETER "COMPANERO" S. CAYETANO 
AN 
ACT 
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS 
OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE THREE 
OF THE 1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC 
DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST 
UNDER SECTION TWENTY-EIGHT, ARTICLE TWO OF THE 1987 CONSTITUION, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Short Title. -
This Act shall be known as the "Freedom of 
Information Act of 2010". 
Section. 2. Declaration of Policy. - The State recognizes the right of the people 
to information on matters of public concern, and adopts and implernents a policy of full 
public disclosure of all its transactions involving public interest, subject to the 
procedures and limitations provided by this Act. This right is indispensable to the 
exercise of the right of the people and their organizations to effective and reasonable 
participation at all levels of social, political and econornic decision-making. 
Section. 3. Coverage. - This Act shall cover all government agencies as defined 
under Section 4 of this Act. 
Section. 4. Definition of Terms. - 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 rnaterial, film, sound and video recordings, magnetic or other tapes, 
electronic data, computer stored data, or any other like or sirnilar data or rnaterial 
recorded, stored or archived in whatever form or format, which are made, received or 
kept in or under the control and custody of any government agency pursuant to law, 


executive order, rules and regulations, ordinance or in connection with the performance 
or transaction of official business by any government agency. 
(b) 
"Government agency" shall include the executive, legislative and judicial 
branches as well as the constitutional bodies of the Republic of the Philippines 
including, but not limited to, the national government and all its agencies, departments, 
. bureaus, offices and instrumentalities, constitutional commissions and constitutionally 
mandated bodies, local governments and all their agencies, regulatory agencies, 
chartered institutions, government-owned or -controlled corporations, including wholly-
owned or controlled subsidiaries, government 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 a 
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, executive 
orders, rules, or regulations to be entered, kept and made publicly available by a 
government agency. 
Section. 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 is 
exempted from disclosure by this Act. 
Section. 6. Access to Information. -
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. 
Section. 7. Exceptions. - Subject to the qualifications set forth in Section 8 of 
this Act, access to information may be denied when: 
(a) 
The information is specifically authorized to be kept secret under 
guidelines established by an executive order, and in fact properly classified pursuant 
thereto: Provided, That 1) The information directly relates to national defense and its 
revelation will cause grave damage to the internal and external defense of the State; or 
2) The information requested pertains to the foreign affairs of the Republic of the 
Philippines, when its revelation unduly weaken the negotiating position of the 


government in an ongoing bilateral or multilateral negotiation or seriously jeopardize the 
diplomatic relations of the Philippines with one or more states with which it intends to 
keep friendly relations: Provided, further, That the executive order shall specify the 
reasonable period by which the information shall be automatically declassified or 
subject to mandatory declassification reView, and that any reasonable doubt as to 
classification and declassification shall be settled in favor of the right to information; 
(b) 
The information requested pertains to internal and external defense and 
law enforcement, when the revelation thereof would render a legitimate military or law 
enforcement 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; 
(c) 
The information requested pertains to the personal information of a natural 
person other than the requesting party, and its disclosure would constitute a clearly 
unwarranted invasion of his or her personal privacy, unless it forms part of a public 
record, or the person is or was an official of a government agency and the information 
relates to his or her public function, or the person has consented to the disclosure of the 
information; 
(d) 
The information requested pertains to trade, industrial, financial or 
commercial secrets of a natural or juridical person other than the requesting party, 
obtained in confidence by, and/or filed with a government agency, whenever the 
revelation thereof would seriously prejudice the interests of such natural or juridical 
person in trade, industrial, financial or commercial competition, unless such natural or 
juridical person has consented to the' disclosure of the information; 
(e) 
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; 
(f) 
The information requested is exempted by law or the Constitution, in 
addition to those provided in this section; 
(g) 
The information requested is obtained by any committee of either House 
of Congress in executive session, whenever such information falls under any of the 
foregoing exceptions; and 
(h) 
The information requested consists of drafts of decisions by any 
executive, administrative, judicial or quasi-judicial body in the exercise of their 
adjudicatory functions whenever the revelation thereof would reasonably tend to impair 
the impartiality of verdicts, or otherv:,ise obstruct the administration of justice, 


For letters (b) to (h) 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 officer/s duly 
designated by him. 
Section. 8. Qualifications. - Even if the information falls under the exceptions 
set forth in the preceding 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; 
(b) 
The public interest in the disclosure outweighs the harm to the interest 
sought to be protected by the exceptions; or 
(c) 
The requesting party is either House of Congress, or any of its 
Committees and the disclosure is to be made in executive session, unless the 
disclosure will constitute a violation of the Constitution. 
Section. 9. Procedure of Access. -
(a) Any person who wishes to obtain 
information shall submit a request to the governrnent agency concerned personally, by 
mail, or through electronic means. The request shall state the name and preferred 
contact information of the requesting party, and reasonably describe the information 
required, the reason for the request of the information and the preferred means by 
which the government agency shall communicate such information to the requesting 
party: Provided, That the stated reason shall not be used as a ground to deny the 
request or to refuse the acceptance of the request, unless such reason is contrary to 
law. If the request is submitted personally, the requesting party shall show his current 
identification card issued by any government agency, or government or private 
employer or school, or a community tax certificate. If the request is submitted by mail or 
through electronic means, the requesting party may submit a photostatic or 
electronically scanned copy of the identification, or other convenient means as 
determined by the agency. 
(b) The request shall be stamped by the government agency, indicating the date 
and time of receipt and the name, rank, title and position of the receiving public officer 
or employee with the corresponding signature, and a copy thereof furnished to the 
requesting party. In case the request is submitted by electronic means, the government 
agency shall provide for an equivalent means by which the reqUirements of this 
paragraph shall be met. 
(c) The request may indicate the following preferred means of communication: 


(1) 
A true copy of the information in permanent or other form; 
(2) 
An opportunity to inspect the information, using equipment normally 
available to the government agency when necessary; 
(3) 
An opportunity to copy the information using personal equipment; 
(4) 
A written transcript of the information contained in a audio or visual form; 
(5) 
A transcript of the content of an information requested, in print, sound or 
visual forrn, where such.transcript is capable of being produced using 
equipment normally available to the government agency; 
(6) 
A transcript of the information from shorthand or codified form; or 
(7) 
Other reasonable means or format. 
(d) A government agency may communicate the information requested in a form 
other than the preferred means whenever such preferred means would unreasonably 
interfere with the effective operation of the agency, or be detrimental to the preservation 
of the record. 
(e) The government agency shall comply with such request within seven (7) 
working days from the receipt thereof. 
(f) The time limits prescribed in this Section for the production of the requested 
information may be extended whenever there is a need for any of the following: 
(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) 
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 
(4) 
To consider fortuitous events or other events due to force majeure 
or other analogous cases. 
(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) working days from the original deadline. 
Section. 10. Access Fees. - Government agencies may charge a reasonable 
fee to reimburse the actual cost of reproduction, copying or transcription and the 
communication of the information requested. 
Section. 11. Notice of Denial. - If the government agency decides to deny the 
request, in whole or in part, it shall, within seven (7) working days from the receipt of 
the request, notify the person making the request of such denial in writing or through 
electronic means. The notice shall clearly indicate the name, rank, title or position 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. 
Section. 
12. 
Implementation Requirements. -
(a) 
For the 
effective 
implementation of this Act, all government agencies shall prepare a Freedom of 
Information Manual, withthe end in view of facilitating easy access to information, which 
shall include the following: 
(1) 
The location and contact information of the head, regional, provincial and 
field offices, and other established places where the public can obtain information 
or submit requests; 
(2) 
The types of information it generates, produces, holds and/or publishes; 
(3) 
A description of its record-keeping system; 
(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 
acknowledgement 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, and the grant or denial of access and its implementation; 
(8) 
The procedure for the administrative appeal of any denial for access to 
information; 


Court; 
(9) 
The schedule of fees; 
(10) 
The process and procedure for the mandatory disclosure of information 
under Section 14 of this Act; 
(11) 
Should the agency lack the capacity to comply with Section 14(a) of this 
Act, a brief description of its plan to facilitate compliance within three (3) years 
from the approval of this Act; and 
(12) 
Such 
other 
information, 
taking 
into 
consideration 
the 
unique 
characteristics of an agency, that will help facilitate the effective implementation 
of this Act. 
(b) 
The Judiciary shall prepare a similar manual as directed by the Supreme 
(c) The foregoing information shall also be posted in its website and bulletin 
boards, and shall be regularly updated; 
(d) 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. 
Section. 13. Remedies in Cases of Denial. - (a) In all government agencies 
other than the judicial branch-
(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 
mentioned in Section 12(a)(8) 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 appt;laling or after the denial of the appeal, the person 
denied access to information may file a verified complaint with the Office of the 
Ombudsman, praying that the government agency concerned be directed to 
immediately afford access to the information being requested. Such complaint 
shall be resolved by the Office of the Ombudsman within sixty (60) calendar days 
from filing, or earlier when time is of the essence, taking into account such 
factors as the nature of the information requested, context of the request, public 
interest and danger that the information requested will become moot. The Office 
of the Ombudsman shall promulgate its special rules of procedure for the 
immediate disposition of complaints filed pursuant to this Section. Unless 


restrained or enjoined, the decisions of the Office of the Ombudsman shall be 
immediately executory, without prejudice to review in accordance with the Rules 
of Court. 
(3) 
Instead of filing a complaint with the Office of the Ombudsman, 
whenever a request for information is denied originally or on administrative 
appeal, the requesting party may file a verified petition for mandamus in the 
proper court, alleging the facts with certainty and praying that judgment be 
rendered ordering the respondent, immediately or at some other time to be 
specified by the court, to disclose the information and to pay the damages 
sustained by the requesting party by reason of the denial. The procedure for 
such petition shall be summary in nature. 
(4) 
In resolving a complaint or petition brought under the preceding 
, 
paragraphs (2) and (3), the Ombudsman or the court is empowered to receive 
the information subject of a claim of exception under Section 7 herein and 
examine then in camera to determine the sufficiency of the factual and legal 
basis of such claim, when such sufficiency cannot be reasonably determined 
through evidence and circumstances apart from the information. 
(b) In the Judicial Branch - The Judiciary shall be governed by such remedies as 
promulgated by the Supreme Court. 
(c) The remedies under this section are without prejudice to any other 
administrative, civil or criminal action covering the same act. 
(d) The remedies available under this 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) In case the requesting party 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. 
Section. 
14. Mandatory Disclosure of Transactions Involving Public 
Interest. -
(a) Subject to Sections 7 and 8 of this Act, ali government agencies shall upload on their 
websites, which shall be regularly updated every fifteen (15) days, 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: 
(1) 
Compromise agreements entered into by a government agency with any 
person or entity involving any waiver of its rights or claims; 
(2) 
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; 
(3) 
Procurement contracts entered into by a government agency; 
(4) 
Construction or concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity; 
(5) 
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; 
(6) 
Loans from domestic and foreign financial institutions; 
(7) 
Guarantees given by any government agency to government-owned or -
controlled corporations and to private corporations, persons or entities; 
(8) 
Public funding extended to any private entity; 
(9) 
Bilateral or multilateral agreements and treaties in defense, trade, 
economic 
partnership, 
investments, 
cooperation 
and 
similar 
binding 
commitments; or 
(10) 
Licenses, permits or agreements given by any government agency to any 
person or entity for the extraction and/or utilization of natural resources. 
A summary list of the foregoing information uploaded in the website shall be posted in 
the bulletin boards of the concerned government agency. 
(b) The information uploaded in the website under letter (a) of this Section may be 
withdrawn after a period of three (3) years from the time of uploading: Provided, That an 
abstract of the information withdrawn shall remain uploaded in the website, containing a 
brief description of the transaction and an enumeration of the information withdrawn, 
and indicating the dates of posting and withdrawal. 
(c) Should an agency lack the capacity to comply with letter (a) of this Section, the 
agency shall initiate a capacity-building program, or coordinate with another appropriate 
agency, to facilitate substantive compliance not later than three (3) years upon approval 
of this Act. 


Section 15. Keeping 
of Records. ~ a) Government agencies shall create 
and/or 
maintain 
in 
appropriate 
formats, 
accurate 
and 
reasonably 
complete 
documentation or records of their organization, policies, transactions, decisions, 
resolution, enactments, actions, procedures, operations, activities, communications, 
documents received or filed with them and the data generated or collected. These shall 
include working files such as drafts or notes, whenever these have been circulated 
within the agency for official purpose such as for discussion, comment or approval or 
when these contain unique information that can substantially contribute to a proper 
understanding of the agency organization, policies, transactions, decisions, resolutions, 
• 
enactments, actions, procedures, operations, and activities; 
b) Government agencies shall identify specific and classes of official records in 
their custody or control that have continuing historical, administrative, informational, 
legal, evidentiary, or research value for preservation by such agencies or their legitimate 
successors, or for transfer to the National Archives of the Philippines. In addition, the 
National Archives of the Philippines shall likewise identify specific and classes of official 
records that it shall require agencies to preserve and transfer to it. 
c) In addition to the specific and classes of official records indentified 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 on graft and corruption practices of public 
officers. 
d) Government agencies shall prepare, following standards and 
period 
promulgated pursuant to Republic Act No. 9470 or the National Archives of the 
Philippines Act of 2007, a records management programs that includes the following: 
1) A records maintenance system for the creation, selection, classification, 
indexing and filing of official records, that facilitates easy identification, retrieval 
and communication of information to the public; 
2) A records maintenance, archival and disposition schedule providing a listing of 
records under current use, for retention by the agency, for transfer to the National 
Archives, or for destruction: 'Provided, That destruction of the official records may 


be implemented only upon approval of the National Archives of the Philippines; 
and 
3) A specifications of the roles and responsibilities of agency personnel in the 
implementation of such system and schedule. 
e) In addition to its function as repository of all rules and regulations issued by 
agencies as provided under Book VII, Chapter II of the Administrative Code of 1987, the 
University of the Philippines Law Center, in coordination with the National Printing Office 
as the agency with exclusive printing jurisdiction over the Official Gazette, shall maintain 
a database, and publish the same in print in Official Gazette or in digital or online form, 
the following: 1) All laws of the Philippines and their amendments, from the period of the 
Philippine Commission to the present; 2) All presidential issuances from November 15, 
1935 to the present, including but limited, to 
executive orders, presidential 
proclamations, administrative orders, memorandum circulars, general orders, and other 
similar issuances; 3) A database of all appointments made by the President of the 
Philippines; and 4) Opinions of the Secretary of Justice. 
Section. 16. Promotion of Openness in Government. -
(a) Duty to Publish 
Information - Government agencies shall regularly publish, print and disseminate at no 
cost to the public and in an accessible form, in conjunction with R.A. 9485, or the Anti-
Red Tape Act of 2007, and through their website, timely, true, accurate and updated 
key informati.on including, but not limited to: 
(1) 
A description of its mandate, structure, powers, functions, duties 
and decision-making processes; 
(2) 
A description of the frontline services it delivers and the procedure 
and length of time by which they may be availed of; 
(3) 
The names of its key officials, their powers, functions and 
responsibilities, and their profiles and curriculum vitae; 
(4) 
Work programs, development plans, investment plans, projects, 
performance targets and accomplishments, and 
budgets, 
revenue 
allotments and expenditures; 
(5) 
Important rules and regulations, orders or decisions: Provided, That 
they be published within fifteen (15) calendar days from promUlgation; 
(6) 
Current and important database and statistics that it generates; 
(7) 
Bidding processes and requirements; and 


(8) 
Mecllanisms or procedures by which the public may participate in 
or otherwise influence the formulation of policy or the exercise of its 
powers. 
(b) Accessibility of Language and Form -
Every government agency shall 
endeavor to translate key information into major Filipino languages and present them in 
popular form and means. 
(c) Improving Capability - Every government agency shall ensure the provision of 
adequate training for its officials to improve awareness of the right to information and 
the provisions of this Act, and to keep updated of best practices in relation to 
information disclosure, records maintenance and archiving. 
Section. 17. Criminal Liability and Administrative Liability. - The penalty of 
imprisonment of not less than one (1) month but not more than six (6) months shall be 
imposed upon: 
(a) 
Any public officer or employee receiving the request under Section 9 of 
this Act who shall fail to promptly forward the request to the public officer within the 
same office or agency responsible for officially acting on the request when such is the 
direct cause of the failure to disclose the information within the periods required by this 
Act; 
(b) 
Any public officer or employee responsible for officially acting on the 
request, who shall: 
(1) 
Fail, to act on the request within the periods required by this Act; 
(2) 
Knowingly deny the existence of existing information; 
(3) 
Destroy information being requested for the purpose of frustrating 
the requester's access thereto; 
(4) 
Clairn an exception under Section 7 of this Act, or under the 
Constitution, when the claim is manifestly devoid of factual basis; or 
(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 14(a) of this Act, who shall knowingly refuse, to direct the mandatory posting or 


uploading of such transaction despite the agency capacity to implement such directive. 
The same penalty shall be imposed upon the public officer or employee who, despite a 
directive from the head of office, shall fail, to post or upload any of the tl"ansactions 
enumerated in Section 14(a) of this Act; 
(d) 
Any public officer or employee who shall destroy, or cause to destroy, 
records of information covered by Section 15(c) of this Act; 
(e) 
Any public officer who 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. 
The foregoing shall be without prejudice to any administrative liability of the offender 
under existing laws and regulations. 
Section 18. Act Not a Bar to Claim of Right to Information Under the 
Constitution. - No provision of this Act shall be interpreted as a bar to any claim of 
denial of the right to information under Article III, Section 7 of the 1987 Constitution. 
Section. 19. Separability 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. 
Section 20. Repealing 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 (Promulgating Rules 
Governing Security of Classified Malter in Government Offices), as amended, and 
Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of Conduct 
and Ethical Standards for Public Officials and Employees), are deemed repealed. 
Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation. 
Approved