Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
INTRODUCED BY REP. HARRIS CHRISTOPHER M. ONGCHUAN 
EXPLANATORY NOTE 
The Bill of Rights in the Constitution promoted the Right of Information. Article 
III, Section VII of the Constitution states that, “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 daat used as basis for policy development, shall be afforded 
the citizen, subject to such limitations as may be provided by the law.” 
This measure seeks to promote transparency and accountability by 
highlighting the right of the People to information on matters of public concern. There 
are also provisions to penalize and sanction those who will violate provisions of this 
Act. 
Versions of this measure were filed as early as the 15th Congress by 
Representatives Biazon and Ejercito. In the 18th Congress, Representatives Bordado, 
Fortun, Nograles, and Nieto filed versions of this Bill as well. Without the bill being 
approved by the House of Representatives in the previous Congress, this bill is being 
refiled by this representation. 
In view of the foregoing, the passage of the bill is earnestly sought. 
 HARRIS CHRISTOPHER M. ONGCHUAN 
August 30, 2022
8:00 am
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 Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO.  ______ 
Introduced by Representative 
HARRIS CHRISTOPHER M. ONGCHUAN 
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 1. Short Title. - This Act shall be known as the “People’s Freedom of 
Information Act.” 
SECTION 2. Declaration of Policy. - The State recognizes the right of 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 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. 
SECTION 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 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 
corporation, including wholly-owned or controlled subsidiaries, government 
financial institutions, state universities and colleges, the Armed Forces of the 
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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. 
SECTION 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, rules and regulations, ordinance, or in 
connection with the performance or transaction of official business by any 
government agency. 
c) Machine-readable refers to formats that allow data to be extracted and 
processed by computer programs. 
d) 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. 
e) 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. 
f) Public record refers to information required by law, executive 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 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 duty 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 as a basis for policy development, 
subject to the exceptions enumerated under Section 7 of this Act, regardless of their 
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, liabilities 
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. 
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 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. 
 
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 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 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 
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) 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. 
c) 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 
(iii) deprive a person of a right 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 compiled by 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  
(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: 
d) 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;  
e) The information requested is obtained by any committee of either House of 
Congress in executive session; 
f) 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 
from 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; 


g) 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; 
h) The information is classified as privileged communications in the legal 
proceedings by law or by the Rules of Court, unless the person entitled 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; 
j) 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 government 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 responsibility of the head of office of the government 
agency in the custody or control of the information, or any responsible central or 
field officer/s duly designated by him. 
SECTION 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, graft, 
or corruption; 
c) 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; 
d) 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. 
SECTION 9. Mandatory Disclosure of Information. - (a) In fulfilment of Article XI, 
Section 17 of the Constitution and subject to Section 5 and Section 7 (f) of this Act, the 
website of their respective offices shall provide to the public, the Statement of Assets, 
Liabilities, 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; 
4. The Members of the Senate and the House of representatives: 
5. The Justices of the Supreme Court; 
6. The Commissioners of the Constitutional Commissions and other 
constitutional offices; and 
7. The officers of the Armed Forces with rank of general or equivalent flag rank. 
(b) All agencies of all branches of government shall publish in their website and 
update on a monthly basis, a register containing the following information: 
1. Freedom of Information Manual (FIM) in full; 
2. 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; 
3. Substantive rules of general applicability adopted as authorized by law, and 
statements of general policy or interpretations of general applicability formulated 
and adopted by agency, including subsequent amendments; 
4. Public interest documents or records, including: 
i. Annual Budget Government Agencies; 


ii Itemized Monthly Collection and Disbursement: 
iii. summary of Income and Expenditures; 
iv. Component of the Internal Revenue Allotment (JRA) Utilization; 
vv. Annual Procurement Plan and Procurement List; 
vi. Items for Bidding; 
vii. Bid Results on Civil Works, and Goods and Services; 
viii. Abstract of Bids as Calculated; 
ix. Procurement contracts entered into by a government agency; 
x. Construction or Concession Agreements or contract entered into by a 
government agency with any domestic or foreign person or entity; 
xi. Private sector participation agreements or contracts infrastructure 
and development projects under Republic Act 7718;  
xii. Public funding extended to any private entity; 
xiii. Bilateral or multilateral agreements and treatises in trade, economic 
partnership, investments, cooperation and similar binding commitments; 
xiv. List of persons or entities who were granted licenses, permits or 
agreements for the extraction and/or utilization of natural resources given by 
any government agency; 
xv. Statement of Assets and Liabilities of the public officer of the 
government agency; and 
xvi. 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 (Php50,000,000.00) shall be published in full in 
the website of the concerned 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. 
SECTION 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 public, 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 fifteen (15) 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) Accessibility 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. 
SECTION 11. Capacity-Building, Promotion of Best Practices, and Continuous 
Updating of Appropriate Use of Information Technology. - All 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 study 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. 
SECTION 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 of this Act. 
SECTION 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 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 
authorized access, collection, use, disclosure, or disposal; 
c) An employee, officer or director of a government agency who has access, 
whether authorized o authorized, to personal information in the custody of the 
agency, must not disclose that information except as authorized under this Act. 


SECTION 14. Administrative Liability. - It shall be tantamount to gross neglect of 
duty and shall as a 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 officially 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; 
c) 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; 
e) 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. 
SECTION 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 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 the person found liable. 
SECTION 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. 
SECTION 17. Administrative Liability. - 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 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 
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 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. 
(b) 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. 
(d) 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. 
SECTION 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 illiteracy 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 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 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 likewise 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. 
(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. 
(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. 
(f) 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 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 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 notify the requesting party that it does not hold the information 
and indicate 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: Provided, that the period to comply 
with the request under this Section shall begin to run only upon receipt of the agency 
to which the request is transferred. 
SECTION 19. Administrative Liability. - Access and Processing Fees. — Government 
agencies may charge a reasonable fee to reimburse the actual cost of production, 
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 a 
proactive disclosure. 
SECTION 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 
fifteen (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, or of the extension, shall be deemed a denial of the 
request for access to information. 
SECTION 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 filing. 
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 
to 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 court, 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 
Office is mandated to provide legal assistance to the requesting party in availing of 
the remedies provided under this Act. 


SECTION 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, 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, transaction, decisions, 
resolutions, actions, procedures, operations, and activities; 
(b) Government agencies, in coordination with the National Archives of the 
Philippines, shall identify specific and classes of official 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) 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 involving amounts Fifty Million Pesos 
(Php50,000,000.00) or more, or related to infrastructure, public and private 
partnerships, utilities, or other important projects; 
3. 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 
4. Records of official investigations pertaining to allegations of graft an 
corruption of public officers. 
(d) 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 rcord management program that includes the following: 


1. A record 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 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 of the Philippines; and 
3. 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 of all rules and regulations issued by 
agencies as provided under Book VI, 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 in the 
Official Gazette or in digital or online form, the following: 
1. All laws of the Philippines and their amendments, from the episode 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 rendered by the Secretary of Justice. 
SECTION 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 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 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 24. Administrative Liability. - 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 25. Publication of Government Data in Open Data Philippines Website. - 
For purposes of enhancing the public’s access to government information and 
abiding by the Philippines’ international commitments to transparency and 
government 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. 
SECTION 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. 
SECTION 27. Release to One, Release to All. - For purposes of streamlining requests 
for information, once information has been made available 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. 
SECTION 28. Integration of Freedom of Information (FOI) and Good Govemance 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 governance 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. 
SECTION 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. 


SECTION 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. 
SECTION 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. 
SECTION 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 Effect of Laws, 24 and 25 on the Contents, 
Editing and Publications of the Official Gazette, Book I, of Executive Order No. 292 
or the Administrative Code of 1987 in relation to Article 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 Circular 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). 
SECTION 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.