THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
. 
OF THE PHILIPPINES 
First Regular Session 
w 
S E N A T E  
Introduced by Senator Franklin M. Drilon 
EXPLANATORY NOTE 
The public’s right to information on matters of public concern and 
access to official records pertaining to official acts and transactions are 
recognized to be principles of utmost importance in a free society. Thus, 
our Constitution provides: 
“Subject to reasonable conditions prescribed by law, the 
State adopts and implements a policy of f u l l  public disclosure 
of all its transactions involving public interest.” (Art. I4 Section 
28) 
and corollary thereto, 
“The right of the people to information on matters of 
public concerns shall be recognized. Access to official records, 
and to documents, and papers pertaining to official acts, 
transactions, or decisions, as well as government research 
data used as basis for policy development, shall be afforded 
the citizen, subject to such limitations as may be provided by 
law.” (Article I I .  Section 7) 
Pursuant, therefore, to these constitutional dictates, this bill seeks 
the passage of legislation that will ensure that the State shall remain 
fully accountable to the people by: 
a) providing for disclosure of all government information in order to 
facilitate informed public participation in policy formulation and 
promote transparency and fairness in government decision-making; 
and 
b) giving the people the right of access to information on matters 
involving public interest and/ or of public concern. 
Approval of this bill is earnestly requested. 
LON 


THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
S E N A T  
Introduced by Senator Franklin M. Drilon 
AN ACT 
TO ENSURE PUBLIC ACCESS TO INFORMATION 
AND PRESCRIBING GUIDELINES THEREFOR 
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 2004." 
SECTION 2. Declaration of Policy. - Pursuant to the Constitutional 
mandate adopting a policy of full public disclosure by the State of all its 
transactions involving public interest, recognizing the right of the people 
to information on matters of public concern and affording them access to 
official acts, transactions, or decisions, it is hereby declared the policy of 
the State, subject to reasonable limitations, to ensure that it is fully 
accountable to the people by: 
a) providing for the .disclosure of all government information in 
order to 
facilitate informed public participation in policy 
formulation and promote 
transparency and fairness in 
government decision-making; and 
b) giving the people the right of access to information on matters 
involving public interest and/ or of public concern. 
SECTION 3. Definition of Terms. - As used in this Act: 
"Government body" or "government bodies" shall mean any 
executive, legislative, judicial, or constitutional body of the 
Government of the Republic of the Philippines, including but 
not limited to the national government, local government, 
government 
agency, 
national 
agency, 
local 
agency, 
department, bureau, office, instrumentality, regulatory 
agency, 
chartered 
institution, 
government-owned 
or 
controlled corporation, as such terms are defined in 
Executive Order No. 292, as amended, or any other national 
or local commission, board or body which exercises 
governmental functions and any other public or private 
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p rson, partnership, corporation, or entity acting in behalf of 
a d/or in place of any government body. 
‘ I  ’ ublic record” or “public records” shall mean all documents, 
p pers, letters, maps, books, photographs, films, sound and 
v” eo recordings, magnetic or other tapes, electronic data 
p ocessing records, computer stored data, electronic mail 
essages, or any other like or similar data or material, 
r corded, stored or archived in whatever form or format, 
i 
ich are made, received or kept in or under the control and 
c stody of any government body pursuant to law, executive 
o der, rules and regulation, ordinance or in connection with 
government body. 
~ 
(b) 
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t k e performance or transaction of official business by any 
(c) 
“Trade secret” shall mean any information, including a 
formula, pattern, compilation, program, device, product, 
method, technique or process, that is used, or may be used, 
in business or for any commercial advantage; derives 
independent economic value, actual or potential, from not 
being generally known to the public or to other persons who 
can obtain economic value from its disclosure or use; is the 
subject of reasonable efforts to prevent it from becoming 
generally known, and the disclosure of which would result 
in harm or improper benefit. 
SECTION 4. Coverage. - All public records, as herein defined, 
which are in the custody or under the control of a government body shall 
be made accessible and available for public scrutiny, copying and 
reproduction, except: 
(a) 
records or information specifically authorized to be kept 
secret or considered classified in the interest of national 
security by an Executive Order duly published in at least two 
(2) newspapers of general circulation. 
(b) 
records or information that is presently, or in the future, 
exempt from disclosure by law. 
(c) 
records or information which would not be available by law 
or the Rules of Court to an opposing party in litigation. 
(d) 
records or information gathered by any government body in 
closed or executive session. 
(e) 
records maintained by law enforcement agencies for criminal 
law enforcement and all records relating to the detection and 
investigation of crime, including those maintained on any 
individual or compiled in the course of a criminal 
investigation by any law enforcement agency, to the extent 
that the disclosure of the records or information: (i) could 
reasonably be expected to interfere with the prevention, 
detection, suppression, or investigation of any criminal 
activity or with law enforcement proceedings, (ii) would 
deprive a person of a right to a fair trial or an impartial 
adjudication, (iii) could reasonably be expected to constitute 
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an unwarranted invasion of personal privacy, (iv) could 
reasonably be expected to disclose the identity of a 
confidential source, including a foreign agency or authority, 
or any private institution which furnished information on a 
confidential basis, or the information furnished by a 
confidential source, (v) would disclose techniques and 
procedures 
for 
law 
enforcement 
investigations 
or 
prosecutions, 
or 
would 
disclose 
guidelines 
for 
law 
enforcement investigations or prosecutions, 
(vi) could 
reasonably be expected to endanger the life or physical safety 
of any individual, (vii) facilitate the commission of an offense, 
or (viii) harm the security of any property or system, 
including a building, vehicle, computer or communications 
system: Provided, however, that records or information 
relating to the administration, management and direction of 
a law enforcement agency shall be public. 
records or information subject to attorney-client or doctor- 
patient relationship and any other records or information 
which are considered privileged communication either by law 
or the rules of court. 
(f) 
(g) 
trade secrets and commercial or financial information 
obtained from a person, firm, or corporation which is of a 
privileged or confidential nature. 
(h) 
scientific and technological secrets and the security plans of 
military and law enforcement agencies. 
records or information which could reasonably be expected 
to result in damage to the environment or interfere with the 
conservation or preservation of heritage sites, environmental 
or natural preserves, fossil sites, sites that have an 
anthropological 
or archaeological value, 
endangered, 
threatened or vulnerable species, subspecies or race of 
plants, vertebrates or invertebrates, and any other rare or 
endangered living resources. 
(j) 
record of a question that is to be used on an examination or 
test. 
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(k) 
preliminary drafts, notes, impressions, working papers, draft 
regulations, or other similar records. 
(1) 
record or information that is available for purchase by the 
public or that which shall be published or released to the 
public within ten (10) days after the applicant’s request is 
received. 
records or information the release or disclosure of which 
would constitute an unwarranted invasion of personal 
privacy. 
(m) 
In cases where access is requested to a record or information that 
is exempt from disclosure pursuant to this Act, the public shall have the 
right of access to the remainder of the record provided that the exempt 
. 
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portion of the record can be reasonably severed or deleted from the 
record. 
Nothing in this Act shall, however, 
(a) 
authorize the withholding of information from, or limit the 
availability of records to, Congress or any of its committees; 
(b) 
affect the power of any court, tribunal, investigative body, or 
any government body exercising quasi-judicial functions to 
compel a witness to testify or to compel the production of 
documents; 
(c) 
limit the information otherwise available by law to a party to 
litigation including a civil, criminal or administrative 
proceeding; 
prohibit the transfer, storage or destruction of any record 
pursuant to law, decree, order, ordinance, or rules and 
regulations; 
prevent access to records maintained in a public office for 
the purpose of providing the public access to information; or 
(d) 
(e) 
’ 
(0 
restrict disclosure of information for the purpose of a 
criminal investigation or prosecution. 
SECTION 5. Mandatory Disclosure for Public Interest. - Any 
government body which is in the possession or has knowledge of any 
information, not otherwise declared classified or exempt pursuant to this 
Act, about the existence of a risk of significant harm to the health and 
safety of the public, the environment, or which clearly affects public 
interest shall without delay disclose such information to the public. 
SECTION 6. Procedure for Access. - Any person who seeks to 
obtain any information or access to, or copy of, a public record shall 
make a written request to the public body that has custody or control of 
the information or record, specifying the subject-matter of the 
information or record requested with sufficient particulars to enable the 
government body concerned to identify the record. 
SECTION 7. Response to Request. - The government body 
concerned shall respond in writing to the applicant within five (5) days 
after the request is received, stating whether the applicant is entitled to 
the information or record or part of the record and, where the applicant 
is entitled to access, setting out where, when, and how, or the manner in 
which, access will be given, which in no case shall be no later than five 
(5) days from receipt by the applicant of the notice of the approval of his 
request . 
Where access to the information or record, or to part of the 
information or record is refused, the notice must state the reasons for 
the refusal and the provision of this Act on which the refusal is based. 
SECTION 8. Transfer of Request. - When the information or record 
sought is not in the custody or control of the government body to which 
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the request was filed, the government body requested shall transfer said 
request, within five (5) days from the time the request is received, to the 
government body which has possession or custody of the information or 
record. The government body effecting the transfer shall notify the 
applicant of the fact of such transfer, the reasons therefor, and the 
government body to which the request was transferred. 
. 
The government body to which the request was transferred shall 
reply to the request in the manner set forth in Section 7 hereof. 
SECTION 9. Extension of Time. - The head of the government body 
concerned may, with due notice to the applicant, extend the time in 
responding to a request for a period not exceeding fifteen (15) days if 
(a) 
the applicant failed to give enough details about the 
information or record sought to be obtained. 
(b) 
a large number of records is sought to be obtained in a 
single request, or when it has received voluminous requests, 
that compliance with the prescribed period under this Act 
would unreasonably interfere with its operations. 
(c) 
additional time 
is needed 
to consult with 
another 
government body having material or substantial interest in 
the determination of the request. 
. 
(d) 
the request requires search and collation of records from its 
field offices. 
SECTION 10. Access of Records Stored Electronically Or Other 
Similar Means. - Access to a record that is a microfilm, film, sound 
recording, or information stored by electronic or other technological 
means may be given by the government body concerned by (a) permitting 
the applicant to examine a transcript of the record; (b) providing the 
applicant with a copy of the transcript of the record; (c) permitting the 
applicant, in the case of a record produced for visual or aural reception, 
to view or hear the record or providing the applicant with a copy of it; or 
(d) permitting the applicant, in the case of a record stored by electronic 
or other technological means, to access the record or providing the 
applicant a copy of it. 
SECTION 
11. Payment of Reasonable Fees. - Copies or 
reproductions of records may be obtained by the applicant whose request 
has been approved upon payment of a reasonable fee which shall not 
exceed the actual cost thereof. Upon request, the government body shall 
provide a detailed itemization of the costs charged for the reproduction. 
No government body may, however, require advance payment of 
any reproduction fee. 
SECTION 12. Judicial Relief: - Within fifteen (15) days from 
receipt of the notice of denial of his request, the applicant may file the 
appropriate action in the Regional Trial Court where the information or 
records are held or kept in official custody or control. 
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N 13. Guidelines. - Each government body shall, within 
sixty (60) days from the effectivity of this Act, promulgate guidelines 
specifying the place, office, and employees from whom, and the methods 
whereby, the public may request access to or obtain information or 
public records which are kept in or held under its custody or control. 
SECTION 14. Declassij?cation of Information or Records. - Any 
information or record, or any part thereof, which has been declared 
classified or authorized to be kept secret from the public shall be 
reviewed for purposes of declassification, five (5) years after the date of 
its classification: Provided, That any classified information or record, or 
any part thereof, shall be deemed declassified and accessible to the 
public after the lapse of thirty (30) years from the date of its 
classification, unless the President in an Executive Order shall provide 
for its continued classification. 
SECTION 15. Penalties. - Any person found guilty by final 
judgment of having refused to provide access to information and public 
records, or any part or parts thereof, without sufficient or legal reasons 
therefor shall be punished by a fine of not less than One Thousand Pesos 
(P1,OOO.OO) but not more than Three Thousand Pesos (P3,000.00), or 
imprisonment of not less than one (I) year but not more than three (3) 
years including all the accessory penalties provided by law, or both, at 
the discretion of the court. 
SECTION 16. Separability Clause. - If for any reason, any section 
or provision of this Act is held unconstitutional or invalid, other sections 
or provisions not affected thereby shall remain valid and effective. 
SECTION 17. Repealing Clause. - All laws, decrees, orders, rules 
and regulations, or any part or parts thereof, inconsistent with the 
provisions of this Act are deemed repealed, amended or modified 
accordingly. 
SECTION 18. Effectiuity Clause. - This Act shall take effect after 
fifteen (1 5) days following its publication in at least two (2) newspapers of 
general circulation. 
Approved, 
I 
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