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

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 8147

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay

EXPLANATORY NOTE

What is essential in a democracy is the participation of its citizenry, and ina
representative democracy, what determines the extent of that participation is the extent
of the citizens’ access to information. Without transparency, it is far too easy for a
republican government to lose its representative character, for those who have the duty
to make manifest the will of the citizens to, instead, operate as they see fit behind a veil
of secrecy strung between pillars of bureaucratic red tape. Whether officials do so out of
a conviction that they know better than the public, or from a callous desire to advance
their own interests at the expense of the public good, such actions take the reins of
power from their rightful holders, the sovereign people of the Philippines.

The practical arguments in support of greater transparency are clear: it ensures
greater accountability of government officials, a better accounting of government funds,
a more level playing field in the competition for government contracts/services, greater
involvement from the citizenry and more informed decisions during elections.

But at its very core, this issue is not just about the benefits of an actualized,
implemented, institutionalized right to information of public concern -- it's about the
essence of democracy, the locus of authority. If we continue to claim that we are a
republic, that we are a democracy, then we must acknowledge that any power that the
State has, including its right to control the release and dissemination of information, is
power that flows from the people, and rightly belongs to the people. In the case of
freedom of information, the people have spoken loud and clear, and we have embodied
their sentiments as best we could in this bill. It falls now to this Congress to truly
perform its duty, and represent the people by making manifest their intent: a government
that is transparent, forthcoming, and accountable.

cnet ACLipay
Representative, DIWA Party-list

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

SIXTEENTH CONGRESS
First Regular Session

House Bill No,_ 3147

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay

—_—_—

AN ACT TO STRENGTHEN THE
PEOPLE'S RIGHT TO INFORMATION

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 “People's
Freedom of Information Act of 2013.”

SECTION 2. Declaration of Policy. — Public office is a public trust,
and public officers and employees must at all times be accountable to the
people. Sovereignty resides in the people and all government authority
emanates from them. Pursuant to these, the State recognizes the right of the
people to information held by government, and adopts and implements a
policy of full public disclosure of all its transactions, subject to the
procedures and limitations provided by this Act. Access to information held
by government is indispensable to the exercise of the people's right to
effective and reasonable participation at all levels of social, political and
economic decision-making. As such, the provisions of this Act shall be
given interpretation that best gives effect to the right to information.

SECTION 3. Coverage. — This Act shall cover all government

agencies as defined under Section 4 of this Act
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SECTION 4. Definition of Terms. — As used in this Act:

(a) “Information” shall mean any record, document, paper, report,
letter, contract, minutes, transcript, map, book, photograph, film, sound and
video recording, magnetic or other tape, electronic data, computer stored
data, or any other like or similar material recorded, stored or archived in
whatever form or format, which: (i) are made or received by, or kept under
the control or 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
or official; (i) are part of official or public records in the custody of
government agencies or officials; (iii) record, evidence, establish, confirm,
support, justify, or explain official acts, transactions or decisions of
government agencies or officials; or (iv) are part of research data, whether
raw, collated or processed, in the custody of the government and used in
formulating government policies;

(b) “Government agency” shall include the executive, legislative and
judicial branches as well as the constitutional bodies of the Republic of the
Philippines including, but not limited to, the national government and all its
agencies, departments, bureaus, offices and instrumentalities, constitutional
commissions and constitutionally mandated bodies, local governments and
all their agencies, regulatory agencies, chartered institutions, government-
owned or —controlled corporations, including wholly-owned or controlled
subsidiaries, government financial institutions, state universities and
colleges, the Armed Forces of the Philippines, the Philippine National
Police, all offices in the Congress of the Philippines including the offices of
Senators and Representatives, the Supreme Court and all lower courts
established by law.

(c) “Official records” 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. This shall not refer to the
stage or status of the information.

(d) “Public records” include information required by law, executive

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orders, rules, or regulations to be entered, kept and made publicly available
by a government agency.

SECTION 5. Access to Information, — Every person who is a
Filipino citizen has a right to and shall, on request, be given access to any
information under the custody and/or control of a government agency,
regardless of the physical form or format in which these are contained,
subject only to the exceptions enumerated under section 7 of this Act.

SECTION 6. Presumption. — There shall be a legal presumption in
favor of access to information. Accordingly, government agencies shall
have the burden of proving that the information requested is exempted from
disclosure by 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 will cause serious damage to
the national security or internal and/or external defense of the State; or (2)
The information requested pertains to the foreign affairs of the Republic of
the Philippines, when its revelation will unduly weaken the negotiating
position of the government in an ongoing or proposed bilateral or
multilateral negotiation or seriously jeopardize the diplomatic relations of
the Philippines with one or more states: Provided, that sufficient
information is disclosed to afford reasonable public participation in
government decision-making on bilateral and multilateral agreements. The
Executive Order shall specify the reasonable period after which the
information shall be automatically declassified or be subject to mandatory
declassification review. Any reasonable doubt as to classification and
declassification shall be settled in favor of the right to information.

(b) The information consists of minutes or records of advice given or
of opinions expressed during decision-making or policy formulation,

invoked by the Chief Executive to be part of presidential communications

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privilege, whenever disclosure would significantly undermine the free and
frank provision of advice or exchange of views: Provided, that an
Executive Order shall be issued specifying the reasonable period after
which information invoked to be privileged under this paragraph shall be
made accessible to the public.

(c) The information requested pertains to internal and/or external
defense and law enforcement, when the disclosure thereof would:

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

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

(iii) Disclose the identity of a confidential source, including a
government, foreign agency or authority, or private institution
which furnished information on a confidential basis, or, in the
case of information compiled by a law enforcement authority
in the course of an investigation or by an agency conducting a
lawful national security intelligence investigation, disclose
the information furnished by a confidential source;

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

(v) Endanger the life or physical safety of any individual.

(d) The information requested consists of drafts of orders,
resolutions, or decisions by any executive, administrative, regulatory,
constitutional, judicial or quasi-judicial body in the exercise of their
adjudicatory function, the revelation of which would impair the impartiality
of verdicts, or otherwise obstruct the administration of justice.

(e) The information requested is obtained by either House of

Congress, or any committee thereof, in executive session whenever the

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information falls under any of the exceptions provided in this section.

(f) 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.

(g) The information requested pertains to trade, industrial, financial
or commercial secrets of a natural or juridical person other than the
requesting party, obtained in confidence by, 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 privileged communications in
legal proceedings by law or by the Rules of Court.

(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
render an intended government agency action ineffective: Provided, that the
information shall be accessible once the anticipated danger has ceased.

(k) The information is requested by a person whose request for an
identical or substantially similar information has recently been complied
with, and no meritorious reason is given to justify a repeat of the request:
Provided, that this exception applies exclusively to the person making the
repeated request.

Provided, that:

(1) The exceptions set forth in this section shall be strictly construed;

(2) Exceptions cannot be invoked to cover-up a crime, wrongdoing,

graft, or corruption;

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(3) Whenever the information covered by an exception may be
reasonably severed from a record, the part not covered by the
exception shall be disclosed to the requester;

(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 a compelling or overriding public interest in disclosure;
and

(5) In the exercise of the judicial power to interpret the Constitution,
the exceptions set forth in this section may be overcome if the
requester is able to prove before a court of competent jurisdiction
that there is a compelling public interest or need that outweighs the
interest in keeping the information secret or confidential.

For letters (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 of a
responsible central or field officer duly designated by him.

SECTION 8. Keeping of Records. — (a) Government agencies shall
create and/or maintain in appropriate formats, accurate and reasonably
complete documentation or official records of their organization, policies,
transactions, decisions, resolutions, enactments, actions, procedures,
operations, activities, communications and documents received or filed
with them and data generated or collected. These shall include working
documents 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

information in their custody or control that have continuing historical,

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administrative, informational, legal, evidentiary, or research value for
preservation by such agencies, or for transfer to the National Archives of
the Philippines. In addition, the National Archives of the Philippines shall
likewise identify specific and classes of information that it shall require
agencies to preserve and transfer to it.

(c) 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 of loans obtained or guaranteed by the government;

(2) Records of government contracts; and

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

(d) Government agencies shall prepare, following standards and
period promulgated pursuant to Republic Act No. 9470 or the National
Archives of the Philippines Act of 2007, a records management program
that includes the following:

(1) A records maintenance system for the creation, selection,
classification, indexing and filing of information that
facilitates the easy identification, retrieval and
communication of information to the public, and

(2) A records maintenance, archival and disposition schedule
providing a listing of information under current use, for
retention by the agency, for transfer to the National Archives,
or for destruction: Provided, that destruction of information
may be implemented only upon approval of, or following the
guidelines set by, the National Archives of the Philippines

(e) In addition to its function as repository of all rules and regulations
issued by agencies as provided under Book VII, Chapter II of the
Administrative Code of 1987, the University of the Philippines Law Center
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

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Official Gazette or in digital or online form, the following:

(1) All laws of the Philippines and their amendments, from the
period of the Philippine Commission to the present;

(2) All presidential issuances from November 15, 1935 to the
present, including but 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 9. 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 illiteracy or disability, to make a written
request may make an oral request, and the public official who receives the
oral request shall reduce it to writing and give a copy thereof to the person
who made the request. The request shall state the name and contact
information of the requesting party, a reasonable description of the
information requested, and the reason for the request: Provided, that the
stated reason cannot be used as a ground to deny the request or to refuse the
acceptance of the request, unless such reason is contrary to law. Tf 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 other reasonable means of identification. 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.

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(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.

(d) 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. 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 the agency has no capability to
communicate the information in the preferred format, or the preferred
means would be detrimental to the preservation of the record.

(e) 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: Provided, that where the information requested is shown to
be urgently needed for the protection of the life or liberty of a person, the
same shall be provided within two (2) working days from the receipt of the
request.

(£) The period of fifteen (15) days 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. 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 by more than twenty (20) working days

(g) If the information is not held by the government agency to which

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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 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 by the agency to which the
request is transferred.

SECTION 10. Processing Fees. - Government agencies may charge
a reasonable fee to reimburse the actual cost of reproduction, copying or
transcription and the communication of the information requested. 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 11. 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 (15) working days from the receipt of the request,
notify the requester of the 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 ground/s and circumstances on
which the denial is based, and indicate available rights of reconsideration or
appeal.

SECTION 12. Remedies in Cases of Denial. -

(a) In all government agencies other than the judicial branch-

(1) A person whose request for information has been denied may
ask for a reconsideration from the same official who
originally denied the request, or file an administrative appeal
following the procedure mentioned in Section 15 (a) (8) of
this Act: Provided, That the administrative appeal must be
filed within fifteen (15) calendar days from the receipt of the
notice of original denial or denial on reconsideration. Every
notice of denial shall include check-box options of whether

the requester will ask for a reconsideration or file an

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administrative appeal. The requester may submit further
arguments to strengthen his request

(2) Instead of appealing, or after the denial of the administrative
appeal, the person denied access to information may file a
verified appeal with the Office of the Ombudsman, praying
that the government agency concerned be directed to
immediately afford access to the information being requested.
Such Appeal shall be resolved by the Office of the
Ombudsman within sixty (60) calendar days from filing, or
earlier when time is of the essence based on factors such as
the nature of the information requested, the context of the
request, or the danger that the information requested will
become moot. The Office of the Ombudsman shall
promulgate its special rules of procedure for the immediate
disposition of Appeals filed pursuant to this Section, Unless
restrained or enjoined, the decision of the Office of the
Ombudsman shall be immediately executory, without
prejudice to review in accordance with the Rules of Court.

(3) Instead of filing a Complaint with the Office of the
Ombudsman, whenever a request for information is denied
originally or on administrative appeal, the requesting party
may file a verified petition for mandamus in the proper court,
alleging the facts with certainty and praying that judgment be
rendered ordering the respondent to disclose the information.
The procedure for such petition shall be summary in nature.
Unless restrained or enjoined, the decision of the court shall
be immediately executory, without prejudice to review in
accordance with the Rules of Court;

(4) In resolving a Complaint or Petition brought under the
preceding paragraphs (2) and (3), the Ombudsman or the
court is empowered to receive the information subject of a

claim of exception under Section 7 herein and examine them

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in camera to determine the sufficiency of the factual and legal
basis of such claim, when such sufficiency cannot be
reasonably determined through evidence and circumstances
apart from the information.

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

(c) The remedies under this section are without prejudice to any other
administrative, civil or criminal action covering the same act.

(d) The remedies available under this Act shall be exempt from the
rules on non-exhaustion of administrative remedies and the application of
the provisions of Republic Act No. 9285, otherwise known as the
Alternative Dispute Resolution Act of 2004.

(e) In case the requesting party has limited or no financial capacity,
the Public Attorney’s Office shall be mandated to provide legal assistance
to the requester in availing of the remedies provided under this Act.

SECTION 13. Mandatory Disclosure of Information. — Subject to
Section 7 of this Act, all government agencies shall upload on their
websites, which shall be updated regularly, the following information:

(1) Budget information, including: Annual Budget; Itemized Monthly
Collections and Disbursement; Summary of Income and Expenditures; and
Component of the IRA Utilization.

(2) Procurement information, including: Annual Procurement Plan.
and Procurement List; Items to Bid; Bid Results on Civil Works, Goods and
Services; and Abstract of Bids as Calculated.

(3) A register of the following transactions:

(® Procurement contracts entered into by a government agency;

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

(iii) Private sector participation agreements or contracts in
infrastructure and development projects under Republic Act
No. 6957, as amended by Republic Act No. 7718;

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(iv) Public funding extended to any private entity;

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

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

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

(viii) Loans, grants, development assistance, technical assistance,
and programs entered into by a government agency with
domestic and foreign financial institutions, official bilateral or
multilateral agencies, as well as with private aid agencies or
institutions; and

(ix) 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 fifty million pesos
(P50,000,000.00) shall be uploaded in full on the website of the concerned
government agency or the Official Gazette Online. A covered information
shall be enrolled in the register not later than 30 working days from its
perfection or issuance.

(4) Agency information, including:

(i) A description of its mandate, structure, powers, functions,
duties and decision-making processes;

(ii) A description of the frontline services it delivers and the
procedure and length of time by which they may be availed

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of,

(iii) The names of its key officials, their powers, functions and
responsibilities, and their profiles and curriculum vitae;

(iv) Work programs, development plans, investment plans,
projects, performance targets and accomplishments;

(v) Important rules and regulations, orders or decisions:
Provided, that they shall be published within fifteen (15)
calendar days from promulgation;

(vi) Categories of documents and current and important database
and statistics that it generates; and

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

SECTION 14. Capacity Building and Popularization. -- (a) Should
an agency lack the capacity to comply with the website uploading
requirement of the preceding 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. The National Computer
Center shall monitor all government agency websites and provide
appropriate support for their development and full compliance with the
requirements of this Act.

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

(c) In order to develop accessibility of language and form,
government agencies shall endeavor to translate select vital information
into major Filipino languages and present them in popular form and means.

SECTION 15. People's Freedom of Information (FOI) Manual. —

(a) For the effective implementation of this Act, all government

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agencies shall prepare and regularly update a People's Freedom of
Information (FOI) 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 types of information it generates, produces, holds and/or
publishes;

(3) A description of its record-keeping system;

(4) The person or office responsible for receiving requests for
information;

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

(6) The standard forms for the submission of request and for the
proper acknowledgement of the request;

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

(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 13 of this Act; and

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

(b) The People's FOI Manual shall be posted in the agency website
and a hard copy shall be available at the agency reception area for use by
the public.

(c) In no case shall the absence of the People's FOI Manual be a

reason for the denial of any request for information made in accordance

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with this Act.

SECTION 16. Administrative Liability. — The following acts proven
to have been committed willfully in an administrative proceeding before the
appropriate disciplining authority as provided under existing laws, rules or
regulations, shall be subject to the administrative penalty of suspension of
six (6) months and one (1) day to one (1) year for the first offense, and
dismissal from the service for the second offense:

(1) Failure to promptly forward a request for information 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 a request for information within the periods
required by this Act:

(3) Denial of a request for information without any valid ground;

(3) Claiming an exception under Section 7 of this Act when the
claim is manifestly devoid of factual or legal basis;

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

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

In determining the duration of suspension for the first offense,
circumstances that mitigate or aggravate the offense shall be considered.

Provided: That this provision is without prejudice to the imposition
of a lower penalty applicable under existing administrative laws, rules, or
regulation, if the acts are not done willfully.

SECTION 17. 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

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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 induced or caused the
commission of the foregoing acts shall be liable as principal by inducement
in the 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 the penalty of dismissal, even
if no criminal prosecution is instituted against him

SECTION 18. Publication in the Official Gazette,

(a) For purposes of mandatory disclosure as provided in section 13 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.

(b) 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:

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

(2) All executive and administrative orders and proclamations of
general application;

(3) 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;

(4) 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.

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However, other documents or classes of documents required by law
to be published, 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. No Abuse in the Exercise of Rights and in the
Performance of Duties Under this Act. - 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 20. Act Not a Bar to Claim of Right to Information
Under the Constitution. No provision of this Act shall be interpreted as a
bar to any claim of denial of the right to information under Article III,
Section 7 of the 1987 Constitution.

SECTION 21. 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 22. Separability Clause. — If any section or part of this
Act is held unconstitutional or invalid, the other sections or provisions shall
remain in full force and effect.

SECTION 23. Repealing Clause. — All laws, decrees, executive
orders, rules and regulations, issuances or any part thereof inconsistent with
the provisions of this Act, including 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 Government Offices), as

amended, and Section 3, Rule IV of the Rules Implementing Republic Act

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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 24. Effectivity. — This Act shall take effect fifteen (15)
days after its publication in at least two (2) national newspapers of general

circulation.

Approved.

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