Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BILLNo,_2309 ie

Introduced by: REP. MEL SENEN S. SARMIENTO

EXPLANATORY NOTE

The 1987 Philippine Constitution recognizes the right of the people to information on
matters of public concern, more particularly, access to official records pertaining to official
acts, transactions or decisions, subject, however, to some limitations provided by law,
This bill seeks to strengthen this right by taking advantage of technological development
and innovation in information technology.

Republic Act No, 386, otherwise known as the Civil Code of the Philippines, sets the
effectivity of laws to fifteen days following the completion of their publication in the
Official Gazette, unless otherwise provided. “The clear object of the above-quoted
provision is to give the general public adequate notice of the various laws which are to
regulate their actions and conduct as citizens. Without such notice and publication, there
would be no basis for the application of the maxim “ignorantialegis non excusat.”
However, limited access to and readership of the Official Gazette have denied the public
of their Constitutional right to information. Recognizing this limitation and its legal
implications, Executive Order No. 292, otherwise known as the Administrative Code of
1987, mandated the publication of laws in at least two (2) newspapers of general
circulation as an alternative to their publication in the Official Gazette, before the same
become effective.

Moreover, much of government resources are being used for the publication of
voluminous documents to meet the requirements imposed by law. A case in point is the
publication of product standards in newspapers by the Department of Trade and Industry
(DTI) which is costing the government as much as Php 90 million annually. This amount
alone can already be used to finance other strategic projects and development programs.
‘This bill aims to lessen the government's operational and administrative costs while
maintaining efficiency and transparency in its services.

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“Tanada v. Tavera, 220 Phil. 422 (1985)

With the fast-paced development and innovation in information technology, and
recognizing its vital role in nation-building, this bill, therefore, aims to further bring the
needed information closer to the public. This bill seeks to mandate the publication of laws
in the online edition of the Official Gazette as a further alternative to the publication
requirement in newspapers of general circulation.

In view of the above, approval of this bill is earnestly sought.

MEL aes

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

2309

HOUSE BILL NO. __

Introduced by: REP. MEL SENEN S. SARMIENTO

“AN ACT
PRESCRIBING ELECTRONIC OR ONLINE MODALITIES FOR THE PROMULGATION
OF LAWS, RESOLUTIONS, RULES AND OTHER ISSUANCES, AMENDING FOR THE
PURPOSE SECTIONS 18, 24 AND 25, CHAPTER 5, BOOK I OF EXECUTIVE ORDER
NO, 292 OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987”

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 “Electronic Publication
Compliance Act of 2013.”

Section 2. Declaration of Policy. -It is the policy of the State to ensure compliance to the
fundamental rights of the public to information, specifically on matters of public
concern. The State recognizes the vital role of information and communications
technology as an alternative to traditional printed or paper editions of newspapers and
the Official Gazette in bringing to the people important information for proper guidance
and appropriate compliance.

Section 3. Sections 18, 24 and 25, Chapter 5, Book I of Executive Order No. 292 are
hereby amended to read as follows:

“Section 18. When Laws Take Effect. — Laws shall take effect after fifteen (15)
days following the completion of their publication in the ELECTRONIC OR
PRINT VERSIONS of the Official Gazette or in a newspaper of general
circulation, unless it is otherwise provided.”

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GOVERNMENT AGENCIES AND OFFICES MANDATED TO IMPLEMENT
THE LAW SHALL PUBLISH AN ELECTRONIC COPY THEREOF IN THEIR
OFFICIAL WEB PORTAL; PROVIDED, HOWEVER, THAT SUCH
ELECTRONIC PUBLICATION OTHER THAN THAT PUBLISHED IN THE
ONLINE EDITION OF THE OFFICIAL GAZETTE SHALL BE FOR
INFORMATION DISSEMINATION ONLY.

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“Section 24, Contents.—There shall be published in the ELECTRONIC AND

PRINT VERSIONS of the Official Gazette all legislative acts and resolutions of

a public nature; all executive and administrative issuances of general
application; decisions or abstracts of decisions of the Supreme Court and the

Court of Appeals, or other courts of similar rank, as may be deemed by the said
courts of sufficient importance to be so published; such documents or classes of
documents as may be required so to be published by law; and such documents

or classes of documents as the President shall determine from time to time to
have general application or which he may authorize so to be published.

“The publication of any law, resolution or other official documents in the
ELECTRONIC AND PRINT VERSIONS of the Official Gazette shall be prima
facie evidence of its authority.

“Section 25. Editing and Publications.—The Official Gazette, BOTH ITS
ELECTRONIC AND PRINT VERSIONS, shall be edited by the Office of the
President. THE PAPER VERSION OR PRINTED COPY SHALL BE [and]

published weekly in FILIPINO or in the English language. It shall be sold and

distributed by the National Printing Office which shall promptly mail copies
thereof to subscribers free of postage.”

Section 4. Omission of Some Rules—The publication of laws, rules, regulations and other

issuances in newspapers as required by law and this Act may be omitted if the publication

would be unduly cumbersome, expensive or otherwise inexpedient. A bulletin may,

however, be published containing a notice stating the general subject matter of the

omitted law, rule, regulation or issuance; Provided, that the bulletin contain a link or

information where the omitted law, rule, regulation or issuance can be viewed online or

downloaded.

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The publication of the bulletin shall be prima facie evidence of the authority of the law or
issuance, subject to the requirements mentioned above.

Every rule establishing an offense or defining an act which, pursuant to law is punishable
as a crime or subject to a penalty shall in all cases be published in full text.

Section 5. Implementing Rules and Regulations, ~ The Office of the President, in
coordination with concerned agencies, shall formulate the necessary rules and regulations
within sixty (60) days from approval of this Act, for its effective implementation.

Section 6. Separability Clause. — If any provision of this Act is held invalid, the other
provisions not affected shall remain in full force and effect.

Section 7. Repealing Clause. ~ All other laws, decrees, rules or issuances inconsistent with
this Act are hereby repealed or modified accordingly.

Section 8. Effectivity. ~ This Act shall take effect fifteen (15) days after the completion of
its publication in the online or printed edition of the Official Gazette, or in at least two

(2) newspapers of general circulation,

Approved,

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