HOUSE °F REPRESENTATIVES

Republic of the Philippines cee et
HOUSE OF REPRESENTATIVES RECEIVED
Quezon City, Metro Manila pare. 30 JUN 2016
SEVENTEENTH CONGRESS +

First Regular Session

House Bill No. __ 251

Introduced by Representative Gabriel H. Bordado,

EXPLANATORY NOTES

It is a constitutionally-provided state policy to implement full disclosure of
government transactions involving public interest. Likewise, under the Bill of Rights,
the people are granted the right to free access to official documents pertaining to
official acts of the government. However, no enabling law regarding freedom of
information has yet been enacted.

‘This legislative measure was formerly filed by Representatives Leni Gerona-Robredo
(now Vice President) and Henendina Abad during the 16 Congress as a response to
the public's call for transparency and accountability. It was their vision for the
Filipinos to trust their government and for the government to be transparent in its
dealings. The same reached the committee level and was submitted for approval, but
the 16" Congress adjourned without it being enacted.

‘As we are given yet another opportunity to materialize our ideals, and to finally
codify the freedoms the Constitution bestowed upon us, the passage of this bill is
most earnestly sought.

Representgtive, Third District of Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SVENTEENTH CONGRESS
First Regular Session

House Bill No. __ 251

Introduced by Representative Gabriel H. Bordado, Jr.

“ AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS
TO INFORMATION HELD BY THE GOVERNMENT”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled;

SECTION 4. Short Title. - This Act shall be known as the

eople’s Freedom of Information Act.”

SEC, 2, Declaration of Policy, - The State recognizes the right of people to information on matters of
public concem, and adopts and implements a policy of full pubic disclosure of al 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 economic decision-making

SEC, 3, Coverage. - This Act shall cover all government agencies, to refer to the executive, legislative, and
judicial branches as well as the constitutional bodies of the Republic of the Philippines, including the
rational 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 corporation, 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 the Senators and Representatives, the Supreme Court and all lower courts established by law.

SEC. 4, Definition of Terms. « As used in this Act
a) Dataset refers to an organized collection of data in a variety of forms, including tabular,
geospatial, or image data files.

b) Information refers to data that have been processed into record, document, paper, report,
letter, contract, minutes and transcripts of official meetings, maps, books, photographs,
data, research materials, in whatever form, or film, audio and video recordings, magnetic
or other tapes, electronic data, in whatever format, which are made, received or kept in or
Under the control and custody of any government agency pursuant to law, executive order,
tules and regulations, ordinance, or in connection with the performance or transaction of
official business by any government agency.


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©) Machine-readable refers to formats that allow data to be extracted and processed by
‘computer programs.

4d) Official record refers to information produced or received by public officer or employee, or
by a government agency in an official capacity or pursuant to a public function or duty. This
shall refer to the stage or status of the information.

) Open format refers to one that is platform independent, machine readable, and made
available to the public without restrictions that would impede the re-use of that
information,

1) Public record refers to information required by law, executive orders, rules, or regulations
to be entered, kept, and made publicly avaliable by a government agency.

SEC. 5. Access to Information. - Every person who is a Filipino citizen has the right to and shall, on
request, be given access to any record under the control of a government agency. Government agencies
and public officials shall have the duly to disclose and make available 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 asa basis for policy development, subject to the
exceptions enumerated under Section 7 ofthis Act, regardless oftheir physical form or format in which they
are contained and by whom they were made.

Nothing herein contained shall allow private acts, transactions or records of public officials and private
individuals to be the subject of mandatory disclosure under this Act: Provided, however, that income tax
returns, and statement of assets, liabilties and networth (SALN) of public officials shall be released subject
to existing laws, rules and regulations: Provided further, that the limitations and prohibitions to make
available to the public the SALN shall not apply when, upon order of the Sandiganbayan, it has been
established that there is probable cause related to the commission of an offense.

SEC. 6, Presumption. - There shall be a legal presumption in favor of access to information. The request
for information may be denied only if it is clearly falls under the exceptions provided under this Act.

‘Accordingly, government agencies shall have the burden of proving that the information requested is
exempted from disclosure,

SEC. 7. Exceptions. - Access to information shall be granted unless:

a) The information is specifically authorized to be kept secret under guidelines established by
an executive order, and properly classified pursuant thereto: Provided, that 1) The
information directly relates to national security or defense and its revelation may cause
grave damage to the national security or 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 shall unduly weaken the negotiating position of the government in an
ongoing bilateral or multilateral negotiation or seriously jeopardise the diplomat relations
of the Philippines with one or more States. Provided further, that the executive order shall
specify the reasonable period after which the information shall be automatically
declassified or be 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)

e)

3)

The information consists of records of minutes and advice given and opinions expressed
during decision-making or policy formulation, invoked by the Chief Executive to be
privileged by reason of the impairment of the Chief Executive's deliberation process that
‘would result from the disclosure thereof, Once policy has been formulated and decisions
made, minutes and research data may be made available for disclosure unless they were
made in executive session.

The information requested pertains to internal and/or external defense, law enforcement,
‘and border control, when the disclosure thereof would!

(i) unduly compromise or interfere with any legitimate military or law enforcement
operation; or

(ii) unduly compromise or interfere with the prevention, detection or suppression of
criminal activity, the effective implementation of immigration controls and border
security; or

(i) deprive a person of aright to fair trial or an impartial adjudication; or

(iv) 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 on a confidential basis, and, in the case of a record or information
complied by law enforcement authority, in the course of an investigation or by an
agency conducting a lawful national security inteligence investigation, information
furnished by a confidential source; or

(v) disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to risk circumvention
of the law; or

(vi) endanger the life or physical safety of any individual,

The information requested consists of drafts of the following: orders, resolutions, decisions,
memoranda or audit reports by any executive, administrative, regulatory, constitutional,
judicial or quasi-judicial body in the exercise of their adjudicatory and/or audit function;

The information requested is obtained by any committee of either House of Congress in
executive session;

The information requested pertains to personal information of a natural person, whether
from the public or the private sector, and its disclosure would constitute an unwarranted
invasion of personal privacy. This may include signatures, addresses, telephone numbers,
identification numbers, names of family members, race or ethnic, religion, health,
education, sexual orientation, and similar information, unless such information is
specifically required by law to be entered into an official record and made available to the
public, or the person has consented in writing to the disclosure of the information. To the
extent required to prevent an unwarranted invasion of personal privacy, an agency may
redact such information trom a record made available to the public. However, the
justification for the deletion shall be explained fully in writing, and the extent of such
deletion shall be indicated on the portion of the record which is made available or
published;

The information requested pertains to trade secrets and commercial or financial
information or intellectual property obtained from a natural or juridical person other than
the requesting party, whenever the revelation thereof would seriously prejudice the interest
of such natural or juridical person in trade, industrial, financial or commercial competition;


1h) The information is classified as privileged communications in the legal proceedings by law
or by the Rules of Cour, unless the person entitied to the privilege has waived it;

i) the information requested is exempted by law or the Constitution, in addition to those
provided in this section;

|) When prematurely disclosed, the information, would, in the case of a government agency
that regulates or deals with the commodities markets, currencies, interest rates, securities,
or financial institutions, likely lead to fraud, manipulation, or other unlawful acts or schemes
involving currencies, interest rates, securities, or, in the case other goverment agencies,
likely frustrates the effective implementation of a proposed official action: Provided, That
the information shall be accessible once and the anticipated danger has ceased,

K) The information has already been made accessible as provided for in Section 12

For paragraphs (c) to

(K) of this section, the determination whether any of these grounds shall apply be the

responsibilty of the head of office of the government agency in the custody or control of the information, or
any responsible central or field officers duly designated by him.

‘SEC. 8. Qualifications to the Exceptions.

a). The exceptions in the preceding section shall be strictly construed;
b) The exceptions cannot be invoked to cover-up a crime, wrongdoing, graf, or corruption;

©) Whenever the information covered by an exception may be reasonably severed from a
record, the record shall be released with the exempt information redacted, or the
information not covered by the exception shall otherwise be communicated to the
requesting party;

4) The President, the Supreme Court, the Senate, the House of Representatives, and the
Constitutional Commissions 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; and

e) The exceptions do not constitute authority to withhold information from Congress, nor
authority for the executive branch of a local government unit to withhold information from
the legislative body of such local government unit.

SEC, 9, Mandatory Disclosure of Information. - (a) In fulilment of Article XI, Section 17 of the
Constitution and subject to Section 5 and Section 7 (f) of this Act, the website oftheir respective offices shall
provide to the public, the Statement of Assets, Liabilties, and Net worth (SALN) on an annual basis of the
following national officials

1, The President;
2. The Vice-President

3. The Members of the Cabinet;


3, 4. The Members of the Senate and the House of representatives,
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3 5. The Justices of the Supreme Court;
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5 6. The Commissioners of the Constitutional Commissions and other constitutional offices; and
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? 7. The officers of the Armed Forces with rank of general or equivalent flag rank.
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9 (b) All agencies of all branches of government shall publish in their website and update on a monthly basis,
10 a register containing the following information,
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2 4. Freedom of Information Manual (FIM) in ful,
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14 2. Rules of Procedure, descriptions of forms available or the places at which forms may be
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18 3. Substantive rules of general applicability adopted as authorized by law, and statements of
19 general policy or interpretations of general applicability formulated and adopted by agency,
20 including subsequent amendments;
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2 4, Public interest documents or records, including:
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24 i, Annual Budget Government Agencies;
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26 ii, Itemized Monthly Collection and Disbursement;
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28 ii, Summary of Income and Expenditures;
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30 iv. Component ofthe Internal Revenue Allotment (IRA) Utiization;
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32 v. Annual Procurement Pian and Procurement List;
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34 vi. Items for Bidding;
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36 vi, Bid Results on Civil Works, and Goods and Services;
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38 vil Abstract of Bids as Calculated
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40 ix. Procurement contracts entered into by a government agency;
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42° x. Construction or Concession Agreements or contract entered into by a government
43 agency with any domestic or foreign person or entity;
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45 xi, Private sector participation agreements or contracts infrastructure and development
46 projects under Republic Act 7718;
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48 xi, Public funding extended to any private entity;
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50 xil, Bilateral or multilateral agreements and treatises in trade, economic partnership,
51 investments, cooperation and similar binding commitments;
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xiv. List of persons or entities who were granted licenses, permits or agreements for the
extraction andior utilization of natural resources given by any government agency;

xv, Statement of Assets and Liabilties of the public officer of the government agency;
and

wi. Guarantees given by any government agency to government-owned or controlled
corporations and to private corporations or entities,

‘The register shall contain a brief description 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 (PhpS0,000,000,00) shall be published in full in the
website of the concemed government agency or the Official Gazette Online, subject to the succeeding
section. A covered record shall be published in the website not later than thirty (30) working days from its
perfection or issuance,

(c) All government agencies shall, over time, endeavour to build their capacity and practice to publish in full
all other contracts, agreements, or treaties covered under this section, especially those that are of the
highest public interest by reason of the amounts involved and the impact of the transaction to the public, All
government agencies must ensure that they have a compliant website within two (2) years from the
effectivity of this Act,

(d) Should an agency lack the capacity to comply with the website publication requirement of this section,
the agency shall initiate a capacity-building program, coordinate with another appropriate agency, or use an
alternative mechanism, to facilitate substantive compliance not later than three (3) years from the effectivity
of this Act.

SEC, 10, Promotion of Openness in Government, ~ (a) Duty to Publish Information- In conjunction with
Republic Act 9485, or the Anti-Red Tape Act of 2007, government agencies shall regularly publish, print and
disseminate at no cost to the publi, in an accessible form, and through their website, timely, true, accurate
and updated key information, including:

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 the 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 fieen (1) calendar days from promulgation;

6. Datasets generated in the implementation of agency mandates, programs, activities, and
projects such as statistics, figures, and geospatial data;

7. Current and important database and statistics that it generates;


8. Bidding processes and requirements; and

9. Mechanism or procedures by which the public may participate in or otherwise influence the
formulation of policy or the exercise of its powers.

(b) Accessibilty of Language and Form - Every government agency shall endeavour to translate key
information into major Filipino language and present them in popular form and means.

SEC. 11. Capacity-Building, Promotion of Best Practices, and Continuous Updating of Appropriate
Use of Information Technology. - Al government agencies shall establish, operate, and maintain a
website with features that are compliant with all the provisions of this Act, within two (2) years from
effectivity of this Act

Every government agency shall ensure the provision of adequate training for its officials and employees to
improve awareness of the people's right to information on matters of public concern and the provisions of
this Act, Similarly, all government agencies shall endeavour to sludy and adopt best practices in relation to
information disclosure, records maintenance, and archiving,

The National Computer Center shall monitor all government agency websites and provide appropriate
support for their development and ensure full compliance with requirements of this Act,

SEC. 12, Exemption from Compliance. - The government agency shall be excused from complying with a
subsequent identical or substantially similar request from the same requesting party where it has previously
complied with a request for information unless a reasonable interval has lapsed between compliance with
the previous request and the making of current request: Provided, that the government agency, in denying
the request, complies with section 20 ofthis Act

SEC, 13. Additional Protection of Privacy. - While providing, for access to information in public records,
this Act also affords full protection of the right to privacy of individuals, as fellows:

a) A government agency must ensure that personal information in its custody or under its
control is disclosed only as permitted under this Act;

b) A government agency must protect personal information in its custody or under its control
by making reasonable security arrangements against such risks as authorized access,
collection, use, disclosure, or disposal;

©) An employee, officer or director of a government agency who has access, whether
authorized 0 authorized, to personal information in the custody of the agency, must not
disclose that information except as authorized under this Act.

SEC. 14, Administrative Liability. - It shall be tantamount to gross neglect of duty and shall as @ ground
for administrative and disciplinary sanction against any public official or employee who wilfully and
knowingly commits the following acts:

a) Refusal to promptly forward the request under Section 18 of this Act to the public officer
within the same office or agency responsible for offically acting on the request when such


is a direct cause of the failure to disclose the information within the periods required by this,
Act,

b) Failure to act on the request within the periods required by this Act:

¢} Claim an exception under Section 7 of this Act when the claim is manifestly devoid of
factual or legal basis;

d) Refusal to comply with the decision of immediate supervisor, the Ombudsman, or of any
court ordering the release of information;

) Approval of policies, rules and regulations manifestly contrary to the provisions of this Act,
and which policies, rules and regulations are direct cause of the denial of a request for
information,

SEC. 15. Criminal Liability. - (a) The following acts shall be subject to the penalty of imprisonment of not

less than one (1) month but not more than six (6) months, with the accessory penalty of dismissal from
service:

1, Falsely denying or concealing the existence of information mandated for disclosure under
this Act; and

2, Destroying, or causing to be destroyed, information and/or documents being requested
Under this Act, for the purpose of frustrating the requesting party's access thereto.

(b) Any private individual who knowingly induces or cause the commission of the foregoing act shall be
liable as principal by inducement inthe prosecution of public officials or employees under this section.

(c) The acts under paragraph (a) of this Section, if proven in an administrative proceeding shall be subject to
{he penalty of dismissal, even if no criminal prosecution is instituted against the person found liable

SEC. 16. Denial In Good Faith Not a Ground for Liability. - A denial in good faith of a request for access
to information made pursuant to the provisions of this Act shall not constitute grounds for administrative or
criminal liability.

SEC. 17. Freedom of Information Manual, - (a) For the effective implementation of this Act, all
government agencies shall prepare a Freedom of Information Manual, setting forth the following
1. The location and contact information of the head, regional, provincial and field offices of
the agency, and other established places where the public can obtain information or
submit requests;
2. The type of information it generates, produces andior publishes;

3. A description of its record-keeping system;

4, The person or office responsible for receiving requests for information;


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5, The procedure for the fling of requests personally, by mail, or through identified electronic
means;

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 fo the
person or office with the duty to act on the request and the decision-making process for the
approval or denial of the request;

8. The procedure for the administrative appeal of any denial for access to information;
9. The schedule of service or processing fees pertinent to a request for information;

10, The process and procedure for the mandatory disclosure of information under Section 9 of
this Act: Provided, that, should the agency lack the capacity to comply with Section 9 of
this Act, a brief description of its plan to facilitate compliance within three (3) years from
approval of this Act; and

11, Such other information, taking into consideration the unique characteristics of the agency,
that will help facilitate the effective implementation of this Act,

(0) The Freedom of Information Manual shall also be posted in the agency website and the hard copy shall
be available at the agency reception area by the public;

(c) 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

(a) The heads of each of the departments and agencies may designate liaison units or committees which
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 Manual

SEC. 18, Procedure of Access. ~ (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, because of literacy or disability, to make a written request for information may make
an oral request instead. The public officer who receives the oral request shall reduce It to writing, indicating
therein one’s name and position within the government agency, and give a copy thereof to the person who
made the request. 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 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 the request is contrary to law. If the request is submitted personally, the
requesting party shall show a current identification document 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 photostatc or electronically scanned copy
of the 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
requesting parties and particularly those with special needs, to comply with the requirements under this
Section.


(c) The request shall be duly received by the concerned government agency, which shall forthwith indicate
the date and time of receipt and the name, rank, title and position of the receiving public officer or employee
‘who shall ikewise affix one’s signature thereon, and shall furnish the requesting party a copy thereof. 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 by which the status of all request for information received by it may be verified at anytime,

(4) The request may indicate the requesting party's preferred mode and means of receiving the information
requested, provided that the mode and means are reasonable, taking into consideration equipment normally
available to the concerned government agency.

{e) 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 if the agency has no capability in communicating the information in the preferred format, or when
the preferred format may be detrimental to the preservation of the record

(0) The government agency shall comply with the request as soon as practicable and, in any case, within
fifteen (15) working days from the receipt thereof, The period may be extended whenever the information
requested requires a search of the government agency's field or satelite offices, examination of voluminous
records, the occurrence of fortuitous events 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, which in no case shall result in an extension of more than twenty (20) working
days,

{h) Once a decision is made to grant the request, the person making the request shall be notified of such
and shall pay the required access and processing fees.

(i) IF the information is not held by the government agency from which the request was made, it shall notity
the requesting party that it does not hold the information and indicate which agency holds the record, if
known, Whenever practicable, the agency receiving tho request may also cause the transfer of the request
to the appropriate agency that holds the information; Provided, that the period to comply with the request
under this Section shall begin to run only upon receipt ofthe agency to which the request is transferred.

SEC. 19, Access and Processing Fees. ~ Government agencies may charge a reasonable fee to
reimburse the actual cost of production, copying or transcription, and the communication ofthe information
requested, An Agency may waive the fees whenever itis satisfied that the requester is an indigent, or that
the cost of reproduction is negligible, or that is pursuant to a program for a proactive disclosure.

SEC. 20, Notice of Denial. - If the government agency decided to deny the request, in whole or in part it
shall, as soon as practicable, and in any case within fiteen (15) 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 indicate the name, rank, title or position of the person making the denial, clearly set forth the
grounds for denial and the circumstances on which the denial is based, and indicate available rights of
reconsideration or appeal, Failure to notify the person making the request of denial, of of the extension,
shall be deemed a denial ofthe request for access to information.

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SEC. 21. Remedies in Cases of Denial. - (a) In all government agencies other than the judicial branch-

1. A denial of a request for access to information may be appealed to the Head of Agency,
following the procedure required under Section 17 (1) (8) of this Act: Provided, that the
appeal must be filed within fifteen (15) calendar days from receipt of the notice of denial and
Must be decided within (15) calendar days from fling. Failure to resolve the appeal within
the aforementioned period shall constitute a denial of the appeal

2, A person denied access to information may file a verified complaint with the office of the
Ombudsman, praying that the government agency concerned be directed fo immediately
afford access to the information being requested. 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 decision of the Office of the
Ombudsman shall be immediately executor, without prejudice to review in accordance with
the Rules of Court

3. _A party whose request for information has been denied, whether or not such decision has
been appealed to the head of an agency, may file a verified petition for mandamus in the
proper court, alleging the facts with certainty and praying that judgement be rendered,
‘ordering the respondent immediately or at some other time to be specified by the cour, to
disclose the information and to pay the damages sustained by the requesting party by the
reason of the denial. The procedure for such petition shall be summary in nature.

In resolving a complaint or petition brought under paragraphs (2) and (30) hereof, the Ombudsman or the
‘court is empowered to receive the information subject of a claim of exception under Section 7 herein, and to
examine them in camera to determine the sufficiency of factual and legal basis of such claim, when the
sufficiency cannot be reasonably determined through evidence and circumstances apart from the
Information

(b) In the Judicial Branch - The Judiciary shall be governed by remedies as promulgated by the Supreme
Court

The remedies under this section shall be sought or granted without prejudice to any other administrative,
civil or criminal action covering the same at.

‘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 9285, otherwise known as the Alternative
Dispute Resolution Act of 2004,

In case the requesting party has limited or no financial capacity, the Public Attorney's Ofice is mandated to
provide legal assistance to the requesting partyin avaling of the remedies provided under this Act.

SEC. 22, Keeping of Records. - (a) Government agencies shall create and maintain in appropriate
formats, accurate and reasonably complete documentation or records of their organization, policies,
transactions, decisions, resolutions, enactments, actions, procedures, operations, activites,
communications and 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, transaction,
decisions, resolutions, actions, procedures, operations, and activites;

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(b) Government agencies, in coordination with the National Archives of the Philippines, shall identify specific
and classes of oficial records in their custody or control that have continuing historical, administrative,
informational, legal evidentiary, or research value, for preservation by such agencies of their legitimate
Successors, or for proper documentation if and when the records are transferred to the National Archives of
the Philippines

(c In addition to the specific and classes of official records identified for preservation under letter (b) ofthis
section, the following shall not be destroyed:

1

2

Records pertaining to loans obtained or guaranteed by the government;

Records of government contracts involving amounts Fifty Milion Pesos
(Php50,000,000.00) or more, or related to infrastructure, public and private partnerships,
Utlties, or other important projects;

The original Declaration under oath of the assets, liabilities and net worth of public officers
‘and employees submitted to the Office of the Ombudsman, as required by law; and

Records of official investigations pertaining to allegations of graft an corruption of public
officers

(4) Government agencies shall prepare, according to the standards set in and within the period mandated
by Republic Act 9470 or the National Archives of the Philippines Act of 2007, a reord management program
that includes the following:

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‘A record maintenance system for the creation, selection, classification, indexing and fing
of official records that facilitate the easy identification, retrieval and communication of
information to the public;

A record 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 ofthe Philippines; and

Identification of the specific roles and responsibilities of agency personnel in the
implementation of such system and schedule.

(e) in addition to its function as repository ofall rules and regulations issued by agencies as provided under
Book Vil, Chapter Il ofthe Administrative Code of 1987, the University of the Philippines Law Center shall,

in coordination with the Office of the President wi

thas exclusive editorial and printing jurisdiction over the

Official Gazette, and with other relevant agencies, maintain a database, and publish in the Official Gazette
or in digital or online form, the folowing

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All laws of the Philippines and their amendments, from the episode of the Philippine
Commission to the present;

Al presidential issuances from November 15, 1935 to the present, including but not
limited, to executive orders, presidential proclamations, administrative orders,
memorandum circulars, general orders, and other similar issuances;

‘A database of all appointments and designations made by the President of the
Philippines; and

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4, Opinions rendered by the Secretary of Justice.

SEC, 23. Publication in the Official Gazette, - For purposes of mandatory disclosure as provide in
Section 9 of this Act, the publication in the Official Gazette website shall be considered official publication
provided there shall be a timestamp in the sald document.

For purposes of compliance with Article 2 of the Civil Code of the Philippines, publication of the following in
the online version of the Official Gazette, with the corresponding timestamps on the document, shall be
considered as official publication:

a) All important legislative acts and resolutions of a public nature of the Congress of the
Philippines;

b) _Allexecutive and administrative orders and proclamations of general application;

©) Decisions or abstracts of decisions of the Supreme Court and the Court of Appeals or other
courts of similar rank, a8 may be deemed by said courts of sufficient importance to be so
published;

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

However, other documents or classes of documents as may be required to be published by law, such as
petitions and/or legal notices in connection with land titles, naturalization or special proceedings shall
continue 0 be published in the print version of the Official Gazette or in any newspaper of general
citculation for purposes of compliance wit the publication requirement.

SEC. 24, 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 Ill, Section 7
of the 1987 Constitution,

SEC. 25. Publication of Government Data in Open Data Philippines Website. - For purposes of
enhancing the public's access to govemment information and abiding by the Philippines’ international
‘commitments to transparency and goverment openness, all government agencies shall publish in Open
Data Philippines website, datasets generates in the implementation of agency mandates, programs,
activities, and projects, These datasets shall be updated, whenever permissible, at least once in every
quarter of every year.

The Open Data website shall be maintained and administered by an Open Data Task Force under the
Office of the President, or any such similar body designated by the President for this purpose.

For the purpose of making government data more accessible to the public, all datasets published on the
‘Open Data Philippines website and on LGU websites as mandated in Section 9 of this Act shall be,
whenever practicable, of a machine-readable and open format

SEC, 26, Tracking Requests for Information, - Website of government agencies shall contain a matrix of
requests made. their status and the decision regarding the request. The matrix shall also contain links to
uploaded information from approved requests: In such cases where requests are denied, the matrix shall
contain the reasons for denial and the status of appeal if such is done.

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SEC. 27. Release to One, Release to All. - For purposes of streamlining requests for information, once
information has been made avaliable to an individual through a request for information, the said dataset
shall also be published in an appropriate website, Department website, or Local Government website thus
allowing the public access to all information that has been requested,

SEC. 28. Integration of Freedom of Information (FO!) and Good Governance In Elementary and
Secondary Curriculum, - To ensure well informed generations of citizens, the right to information, the
principles of accountability and transparency, democracy and leadership, and good govemance shall be
integrated in such subjects as Heyograpiya, Kasaysayan at Sibika (HEKASI) and Araling Panlipunan in the
elementary level and in such subjects as Social Studies and Makabayan or its equivalent subject in high
school level. The Department of Education , in coordination with the Civil Service Commission and other

relevant offices, shall prepare the necessary modules and teaching programs consistent with the objectives
of this Act.

SEC. 29, Annual Reports on Action Taken on Request for Access to Information. - All government
agencies shall prepare, for each fiscal year, a report on the number of requests for information they
received, processed, granted and denied; of appeals made from details of such requests; and of pending
court actions they are a party to as result of such requests. These reports may be integrated in the main
annual reports of government agencies and may be posted and published in their respective websites,

SEC. 30. Appropriations. - The amount to carry out the provisions of this Act shall be charged against
those authorized in the current and subsequent General Appropriations Acts.

SEC. 31. Separability Clause. — If any provision of this Act is declared unconstitutional, the remainder of
this Act or any provisions not affected thereby shall remain in full force and effect

SEC. 32. Repealing Clause. ~ All laws, decrees, executive orders, rules and regulations, issuances or any
part thereof inconsistent with the provisions of this act, including Section 18 on the Operation and Etfect of
Laws, 24 and 25 on the Contents, Editing and Publications of the Official Gazette, Book |, of Executive
Order No. 292 or the Administrative Code of 1987 in relation to Articie 2 on Effect and Application of Laws of
Republic Act 386 or the Civil Code, Memorandum Circular 78 dated 14 August 1964 (Promulgating Rules
Governing Security of Classified Matter in Government Offices), as amended, and Section 3, Rule IV of the
Rules Implementing Republic Act 6713 (Code of Conduct and Ethical Standards for Public Officials and
Employees), are deemed repealed: Provided, the Memorandum Circular78 shall be deemed repealed after
one (1) year from the effectivity of this Act or upon issuance of the Executive Order in Section 7(a)

‘SEC. 33, Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in a newspaper of general circulation

Approved,

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