Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS

2™ Regular Session

House BiL.No.3643

Introduced by Citizens’ Battle Against Corruption (CIBAC) Party
Representative Cinchona Cruz-Gonzales

EXPLANATORY NOTE

The right to information is one of the guaranteed rights enshrined under the Philippine
Constitution. Hence, Section 7, Article Ill thereof reads as follows:

“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.”

Corollary to this, Section 28, Article III of the same law provides, viz:

“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.”

‘These constitutional provisions seek to promote transparency in government transactions,
accountability of public officials as well as people’s participation in governance, Without access
to information, the people’s basic and fundamental rights to be involved in the affairs of the
government cannot be realized

Notably, on October 31, 2003, the UN General Assembly adopted the United Nations
Convention against Corruption (UNCAC) which introduced measures for all countries to apply
in order to strengthen their advocacy to fight corruption in both public and private sectors. The
adoption of the UNCAC is a very clear indication that the intemational community is bent
towards the prevention and eradication of corruption globally.

Accordingly, on December 9, 2003 the Philippines signed the United Nations Convention
against Corruption (UNCAC) and have ratified the same on November 8, 2006. This made us the
second Southeast Asian country and the fifth Asian country to ratify the UNCAC.


It should be noted that Chapter VIII, Article 65 of the UNCAC, specifically provides,
that:

Article 65, IMPLEMENTATION OF THE CONVENTION.

1. Each State Party shall take necessary measures, including legislative and
administrative measures, in accordance to its fundamental measures of its domestic
Taw, to ensure the implementation of its obligation under this convention.

2. Xxx

Needless to state, as a Party to the UNCAC, our country is bound to comply with the
above-quoted provision.

Hence, the passage of the Freedom of Information Bill is the legislative measure that will
not only comply with the UNCAC but will also promote transparency and accountability in
public office

In pursuance of our intemational commitment, the Senate approved and passed its
version of the Freedom of Information bill and this representation deemed it fit to file the same
so that this version may also be considered in the consolidation of several Freedoms of
Information bills filed in the Committee of Public Information.

In fine, as an anti-corruption advocate, I firmly believe that the passage of the FOI bill
will give life to the letter and spirit of our basic law and show to the international community our
firm resolve as a people to fight the evils of corruption, Hence, the immediate passage of this bill
is earnestly sought.

CINCHONA CRU

GONZALES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
2nd Regular Session

HOUSE BILL NO._ 3643

Introduced by Citizens’ Battle Against C
Representative

ption (CIBAC) Party List
ruz-Gonzales

AN ACT IMPLEM) ING THE PEOPLE'S RIGHT TO INFORMATION AND
THE CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND
HONESTY IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES

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

SECTION 1. Short 1
Information Act of 2013."

itle, is Act shall be known as the "People's Freedom of

SECTION 2. Declaration of Policy. ~ The State recognizes the right of the people to
information on matters of public concern, and adopts and implements a policy of full public
disclosure of all its transactions involving. public interest, subject to the procedures and
limitations provided by this Act, This right is meant to enhance the significant and widening role
of the citizenry in govemmental decision-making as well as in checking abuse in government.

Public officials and employees, in the performance of their duties under this Act, as well
as citizens in the exercise of their rights under this Act, shall act with justice, give everyone his
or her due, and observe honesty and good faith. Public officials and employees as well as citizens
shall endeavor to handle information kept or obtained under this Act with due care, to the end
that inaccuracies and distortions are avoided.

SECTION. 3. Definition of Terms. ~ As used in this Act:

(a) “Information” shall mean any record, document, paper, report, letters, contract,
minutes and transcripts of official meetings, maps, books, photographs, data, research material,
film, sound and video recordings, magnetic or other tapes, electronic data, computer stored data,

1


or any other like or similar data or material 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) “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 regardless whether the information is in the draft, final or any other stage or status.

(c) “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 4. Coverage. ~ This Act shall cover all government agencies, Government
agency or agencies shall include the executive, legislative and judicial branches as well as
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, govemment-owned or controlled
corporations, including wholly-owned or controlled subsidiaries, govemment 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, Public service
contractors or any other entity shall make their records available to the public insofar as they are
related to any contract or transactions that they have with the government or government
agencies, Provided, that such contracts or transactions are of the highest public interest by reason
of the amounts involved and the impact of the transaction to the public.

SECTION 5. Access to Information, - Every Filipino citizen has a right to and shall, on
request, be given access to any record under the control of a government agency regardless of the
physical form or format in which they are contained subject only to the exceptions enumerated in
Section 7 of this Act.

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

SECTION 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 in fact 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 intemal 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 jeopardize the
diplomatic 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 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 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 sensitivity of the subject matter or of the impairment of the Chief
Executive's deliberative 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

(1) compromise or interfere with any legitimate military or law enforcement
operation, or

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

(3) Lead to the disclosure of the identity of a confidential source, including a
government, or foreign agency or authority or any private institution which furnished
information on a confidential basis, and, in the case of a record or information compiled
by a law enforcement authority in the course of an investigation or by an agency
conducting a lawful national security intelligence investigation, information furnished by
a confidential source, or

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


(5) Endanger the life or physical safety of any individual, or
(6 Deprive a person of a right to a fair trial and impartial adjudication.

(d) The information requested consists of drafts of orders, resolutions, decisions,
memoranda or audit reports by any executive, administrative, regulatory, constitutional, judicial
or quasi-judicial body in the exercise of their regulatory, audit and adjudicatory function.

(6) The information requested is obtained by any committee of either House of Congress
30 in executive session,

() The information requested pertains to the personal information of a natural person
other than the requesting party, and its disclosure would clearly constitute an 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 in writing to the disclosure of the information;

(a) The information requested pertains to trade secrets and commercial or financial
information obtained from a natural or juridical person other than the requesting party, obtained
in confidence or covered by privileged communication, and/or filed with a government agency,
whenever the revelation thereof would seriously prejudice the interests of such natural or
juridical person in trade, industrial, financial or commercial competition.

(h) The information is classified as
law or by the Rules of Court.

ileged communications in legal proceedings by

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

(j) The information is of a nature that its premature disclosure would: (1) in the case of an
agency that regulates or deals with currencies, interest rates, securities, commodities, or financial
institutions, be likely to lead speculations in currencies, interest rates, securities, or commodities
market; or (2) in the case of other agencies, be likely to frustrate the effective implementation of
a proposed official action: Provided, that the information shall be disclosed once the
abovementioned dangers have ceased.

(k) The information has already been made accessible as provided in Section 14 of this
Act.

For paragraphs (c) to (k) 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 officers duly designated by him.
Provided, that:


(1) The exceptions are strictly construed;

(2) The exceptions are not used to cover-up a crime, wrong-doing, grafi, or
corruption;

(3) 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;

(4) 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;

(5) Whenever the information requested is part of a record, whose other parts are
covered by an exception, but may be reasonably severed from a record, the responding
official shall communicate the information not covered by the exception to the requester,
and

(6) The exceptions set forth in this section may be overcome if the requester is
able to prove before the Ombudsman or a court of competent jurisdiction that the public
interest in the disclosure of information outweighs the public interest in keeping the
information secret or confidential

SECTION 8. Mandatory Disclosure of Information. ~ (a) In fulfillment of Article XI,
Section 17 of the Constitution the following national officials shall provide to the public their
Statement of Assets, Liabilities, and Net worth (SALN) on an annual basis on their official
website:

(1) President,
(2) Vice- President,

(3) Members of the Cabinet,

(4) Members of Congress,

(5) Justices of Supreme Court,

(6) Members of the Constitutional Commissions and other constitutional offices, and

(7) Officers of the armed forces with general or flag rank.


(b) All agencies of all branches of govemment shall upload on their websites, which shall
be updated monthly, a register of the following public interest transactions, documents or
records, including:

(1) Annual Budget of Government Agencies;
(2) Itemized Monthly Collections and Disbursement;
(3) Summary of Income and Expenditures;

(4) Component of the IRA Utilization;

(5) Annual Procurement Plan and Procurement List;

(6) An updated plantilla of positions and vacant _positions.__with
qualifications/requirements in their organizations that need to be filled-up;

(7) Items to Bid;
(8) Bid Results on Civil Works, and Goods and Services;

(0) Abstract of Bids as Calculated;

(10) Procurement contracts entered into by’ a government agency;

(11) Construction or concession agreements or contracts entered into by a government
agency with any domestic or foreign person or entity;

(12) Private sector participation agreements or contracts in infrastructure and
development projects under Republic Act No. 6957, as amended by Republic Act No. 7718,
authorizing the financing, construction, operation and maintenance of infrastructure projects;

(13) Public funding extended to any private entity;

(14) Bilateral or multilateral agreements and treaties in trade, economic partnership,
investments, cooperation and similar binding commitments;

(15) Licenses, permits or agreements granted by any government agency to anyperson or
entity for the extraction and/or utilization of natural resources and a list of the grantees,

(16) Guarantees given by any goverment agency to government-owned or - controlled
corporations and to private corporations, persons of entities;

(17) Loans from domestic and foreign financial institutions;


(18) 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; and

(19) Compromise agreements entered into by a government agency with any person or
entity.

‘The register shall contain a brief description of the transaction involved including, but not
limited to: the nature and object of the transaction, the parties and amounts involved, the key
steps undertaken towards its conclusion, and the relevant dates provided that contracts and
agreements involving an amount of at least Fifly Million Pesos (Php 50,000,000.00) shall be
uploaded in full on the website of the concerned government agency or the Official Gazette
online. A covered record shall be enrolled in the register not later than thirty (30) working days
from its perfection or issuance

SECTION 9. Openness and Transparency in Government Agencies. - Each
government agency shall regularly publish, print and disseminate at no cost to the public and in
‘an accessible form, consistent with the provisions of Republic Act No, 9485, or the Anti-Red
Tape Act of 2007, and through their website, timely, true, accurate and updated key information
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) Rules of procedure, descriptions of forms available or the places at which forms may
be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

(2) Substantive rules of general applicability adopted as authorized by law, and
statements of general policy or interpretations of general applicability formulated and adopted by
the agency, including subsequent amendments;

(8) Current and important database and statistics that it generates;


(9) Bidding processes and requirements; and

(10) Mechanisms or procedures by which the public may participate in or otherwise
influence the formulation of policy or the exercise of its powers.

Al government agencies shall over time endeavor and build the capacity and practice to
upload in full all other contracts, agreements, or treaties covered under this section, in particular
those that are of the highest public interest by reason of the amounts involved and the impact of
the transaction to the public.

SECTION 10, Protection of Privacy. - While providing for access to information in
public records, this Act also affords fall protection of the right to privacy of individuals, as
follows:

(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 unauthorized access,
collection, use, disclosure, or disposal,

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

SE

ON 11, Freedom of Information Manual.-

(a) For the effective implementation of this Act, all government agencies shall prepare a
Freedom of Information Manual, indicating 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 government
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
acknowledgment of the request;


(7) The process for the disposition of the request, including the routing of the
request to the person or office with the duty to act on the request, the decision making
process, and the grant or denial on access and its implementation;

(8) The procedure for the administrative appeal of any denial for access to
information;

(9) The schedule of fees,

(10) The process and procedure for the mandatory disclosure of information under
Section 8 of this Act: Provided, that, should the agency lack the capacity to fully comply
therewith, a brief description of its plan to facilitate compliance within three (3) years
from the approval of this Act; and

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

(b) The foregoing information shall also be posted in its website and bulletin boards, and
shall be regularly updated;

(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

(d) The heads of each of the departments and agencies may designate liaison units or
Committees who shall coordinate with the other units of the agency in implementing this Act.
‘The composition, functions and duties of these liaison units or Committees shall be included in
the FOI Manual

SECTION, 12. Procedure of Access. —

(a) Any person who wishes to obtain information shall submit, free of charge, a request to
the government agency concemed personally, by mail, or through electronic means, A person
who is unable, because of illiteracy or due to being a person with disability, to make a written
request for information may make an oral request, and the public official who receives the oral
request shall reduce it to writing, and include his name and position within the govemment
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 the information and the preferred means by
which the goverment 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

9


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 public official receiving the request shall provide reasonable assistance, free of
charge, to enable all requesters and particularly those with special needs, to comply with the
request requirements under this section.

(c) The request shall be stamped by the government agency, indicating the date and time
of receipt and the name, rank, title and position of the receiving public 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. Each government agency shall
establish a system to trace the status of all requests for information received by it.

(a) 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 concemed 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, the agency has no capability in communicating the information
in the preferred format or be detrimental to the preservation of the record.

(f) The government agency shall comply with such 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
satellite 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 pay the required access and processing fees

If the information is not held by the government agency to which the request was made,
it shall notify the requester that it does not hold the information, and indicate to the requester
which agency holds the record, if known. Whenever practicable, the agency receiving the request
may also cause the transfer of the request to the appropriate agency that holds the information:

10


Provided that the period to comply with the request under this section shall begin to run only
upon the receipt of the agency to which the request is transferred.

SECTION 13. Access and Processing Fees. - Goverment agencies may charge a
reasonable fee to reimburse the actual cost of reproduction, copying or transcription and the
communication of the information requested. An agency may waive the fees whenever it is
satisfied that the requester is an indigent, or that the cost of reproduction is negligible, or that it is
pursuant to a program for proactive disclosure.

SECTION 14. Exemption from Compliance. — The goverment agency is 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
the current request: Provided, that the government agency complies with Section 15 of this Act.

SECTION 15. Notice of Denial. — If the government agency decides to deny the request,
in whole or in part, it shall, as soon as practicable, and in any case within fifteen (1) calendar
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 set forth the ground or 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 the denial, or of the
extension, shall be deemed a denial of the request for access to information.

SECTION 16. 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 of the same agency, following the procedure
mentioned in Section 11 (a) (8) of this Act. Provided, that the written appeal must be filed
by the same person making the request within fifteen (15) calendar days from the notice
of denial, The appeal shall be decided by the person or office next higher in authority of
the same agency within five (5) working days from filing of said written appeal. Failure
of the government agency to decide within the aforestated period shall constitute denial
of the appeal

(2) Upon denial of the appeal with the goverment agency, 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 requested information.

uu


Any action for administrative and/or criminal liability arising from the same act or
omission, if any, shall be filed with the Office of the Ombudsman.

No damages shall be assessed against the respondent unless it is proven that the
respondent acted with malice, bad faith or negligence. The procedure for such petition
shall be summary in nature. The court hearing the case 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 govemed by such remedies as
promulgated by the Supreme Court.

(©) The remedies provided in 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 cumulative and subject to the rule of
exhaustion of administrative remedies.

(e) The provisions of Republic Act No. 9285, otherwise known as the Alternative Dispute
Resolution Act of 2004, shall not apply to cases filed pursuant to this section

(8) 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 17. 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, resolutions, enactments, actions, procedures, operations, activities, communications
and documents received or filed with them and the data generated or collected, These shall
include working files such as drafts or 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, information, 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

12


shall likewise identify specific and classes of official records that it shall require agencies to
preserve and transfer to it.

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

(1) Records pertaining to loans obtained or guaranteed by the government;
(2) Records of government contracts;

(3) The declaration under oath of the assets, liabilities and net worth of public
officers and employees, as required by law, and

(4) Records of official investigations pertaining to allegations of graft and
corruption of public officers.

() 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 program that includes the following:

(1) A records maintenance system for the creation, selection, classification,
indexing and filing of official records that facilitate the 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 specification of the roles and responsibilities of agency personnel in the
implementation of such system and schedule.

(€) 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 shall, in coordination with the Office of the President which has
exclusive editorial and printing jurisdiction over the Official Gazette, and with other relevant
agencies, 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 Phitippines and their amendments, from the period of the
Philippine Commission to the present;

13


(2) Alll 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;

(3) A database of all appointments and designations made by the President of the
Philippines; and

(4) Opinions of the Secretary of Justice

SECTION 18. Publication in the Official Gazette. - For purposes of mandatory
disclosure as provided in section 8 of this Act, online publication in the Official Gazette website
shall be considered official publication provided there shall be a timestamp in the said 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) All executive and administrative orders and proclamations of general application;

(c) 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 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 so 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 to be published in the print version of the Official Gazette or in any newspaper of
general circulation for purposes of compliance with the publication requirement

SECTION 19. Capacity-B Promotion of Best Practices and Continuous
Updating of Appropriate Information Technology and FOI. ~ All government agencies must
ensure that they have a compliant website within two (2) years from the date of effectivity of this
‘Act. The National Computer Center shall monitor all government agency websites and render the
appropriate support including capacity-building program and coordination with another
appropriate agency, utilizing alternative mechanism and seeking the assistance of private
relevant and willing volunteer groups to ensure full compliance with the requirements of this
‘Act.

14


In the performance of its monitoring function of government websites and portals, the
National Computer Center shall endeavor to continuously develop, improve and update its
information technology system taking into consideration usability and practical accessibility of
government documents by the public.

Every government agency shall ensure the provision of adequate training for its officials
to improve awareness of the people's right to information and the provisions of this Act, and to
keep updated as to best practices in relation to information disclosure, records maintenance and
archiving,

SECTION 20. Use of Plain Language. — Every government agency shall endeavor to
use plain language in their communications orders, compliance, requirements or instructions
issued to implement the provisions of this Act, The government agencies shall translate key
information into major Filipino languages and present them in popular form and means.

(1) To carry out the provision of this Act, the Civil Service Commission (CSC) is
designated to issue guidelines on the use of plain language to suit the needs of the requesting
party;

(2) The CSC shall provide the necessary training to employees of each government

agency in using plain language in public documents;

(3) All departments, agencies and instrumentalities of the national government, including
government-owned or controlled corporations, local government units and state colleges and
universities shall designate an official responsible for implementing the plain language; and

(4) Website contents, including, but not limited to financial data, notices and other
technical and legal documents, of government agencies must also be written in plain language to
ensure that these information are easy to read, understand and use.

SECTION 21. Administrative Offenses and Penalties. -

(a) The acts enumerated in this sub-section shall be tantamount to grave administrative
offenses and shall constitute grounds for administrative and disciplinary sanction against any
public official or employee who willfully and knowingly commits the following:

(1) Refusal to promptly forward the request under Section 12 of this Act 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;

(2) Failure to act on the request within the periods required by this Act,

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

(4) Approval of policies, rules and regulations clearly 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.

(b) The preceding subsection does not bar filing of appropriate administrative cases other
than those grave offenses enumerated above

SECTION 22, Criminal Offenses and Penalties. — The penalty of imprisonment of not
less than one (1) month but not more than six (6) months and a fine ranging from Ten Thousand
Pesos (Php 10,000.00) to One Hundred Thousand Pesos (Php 100,000.00) shall be imposed
upon.

(a) Any public official or employee who falsely denies or conceals the existence of
information that is a proper subject for disclosure under this Act.

(b) Any public official or employee who destroys, or causes to be destroyed, information
and/or documents being requested under this Act, for the purpose of frustrating the requesting
party's access thereto,

(c) Any individual who knowingly directed, induced or caused the commission of the
foregoing acts shall be liable as principal by inducement in the prosecution of publie officials or
employees under this section

(d) Any public officer or employee responsible for officially acting on the request, who
hall claim an exception under Section 7 of this Act, or under the Constitution, when such claim
manifestly devoid of factual basis.

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(e) Any public officer or employee who divulged or released information covered under
Section 7 of this Act.

( Any public officer or employee who divulged or released information that is altered,
tampered or modified to the extent that the released information materially differs from the
original contents of the document; Provided, that altering or modifying a document for the
purpose of severing an exempt information from non-exempt information in a single document
shall not be punishable under this subsection

If the violation committed in this Act is induced and assisted by a private individual or a
corporation, partnership or any kind of judicial entity, the penalty provided herein shall be
imposed on its executive officer and/or other officials responsible therefor. Provided, that they

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shall suffer, in addition to the penalties provided herein, the automatic revocation of their license
to operate.

SECTION 23. Mere Denial in Good Faith Not a Ground for Liability. - A mere
denial in good faith of a request made pursuant to the provisions of this Act shall not constitute
grounds for administrative, civil or criminal liability,

SECTION 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 the right to
information under Article III, Section 7 of the 1987 Constitution

SECTION 25. Integration of Freedom of Information (FOI) and Good Governance
in Elementary and Secondary Curriculum. — To ensure a well-informed generations of
citizens, the right to information, the principles of accountability and transparency, democracy
and leadership, and good governance shall be integrated in such subjects as Heyograpiya,
Kasaysayan at Sibika (HEKASI and Araling Panlipunan in the elementary fevel and in such
subjects as Social Studies and Makabayan or its equivalent subjects 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.

SECTION 26. Reports on FOL. ~ All government agencies shall be required to submit
annual reports on the number of requests for information received and processed, of appeals
made from the denial thereof, and such other information as provided in this Act, The said report
may be integrated in the agencies’ main Annual Report and its posting and publication in their
respective websites shall be considered as sufficient compliance

SECTION 27, System of Incentives and Rewards. ~ A system of special incentives and
rewards is hereby established to be given to appropriate government agency or agencies that
initiated and displayed compliance and full participation in the meaningful implementation of
this Act. The incentives and rewards may include but not limited to social projects, grants-in-
aid, national recognition, and similar entitlements

SECTION 28. Appropriations. — The amount necessary to carry out the provisions of
this Act shall be charged against the agencies’ current budget and shall thereafter be included in
the annual General Appropriations Act

SECTION 29. Separability Clause. — If any section or part of this Act is held
unconstitutional, no other section or provision shall be affected.

SECTION 30. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of this Act, including

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sections 18, 24 and 25 of Executive Order No. 292 in relation to Article 2 of Republic Act No.
386, Memorandum Circular No, 78 dated 14 August 1964 (Promulgating Rules Governing
Security of Classified Matter in Goverment 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, Provided, that Memorandum Circular No, 78
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) whichever comes first.

SECTION 31. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation, whichever comes
earlier.