Republic of the Philippines
House of Representatives
@uezon City, Motes Maviln
EIGHTEENTH CONGRESS

First Regular Session

House Bill No. ewe

INTRODUCED BY
REP. ALFRED VARGAS

EXPLANATORY NOTE

Information is power and freedom of information gives citizens
the right to see how their taxes are being spent; how their
services are being provided; and how their nations are being run.
It is more than documents and policies - access to information,
access to insight and influence, and a way for people to hold
account those who run public services and represent them.
(Elizabeth Denham, UK Information Commissioner)

Cognizant of the importance of the above quote, that of transparency and
accountability in governance, one of the first acts of President Rodrigo Duterte
upon his assumption as President of our nation is to sign Executive Order No.
2 on 23 July 2016. Said EO is entitled, “OPERATIONALIZING IN THE
EXECUTIVE BRANCH THE PEOPLE’S CONSTITUTIONAL RIGHT TO

IN AND THE STATE POLICIES TO FULL PUBLIC DISCLOSURE
AND TRANSPARENCY IN THE PUBLIC SERVICE AND PROVIDING GUIDELINES
THEREFOR.” (emphasis mine)

Somehow, it is a victory for the Freedom of Information (FOI) advocates who
for almost three decades fought to have FOI legislated. A least with an EO
that covers all the executive branch of government, partial victory for this
advocacy is won.

But, the need to have FOI legislated is still reverberating for several reasons:

First, a mere Executive Order by one administration can easily be reversed by
the next administration.

Second, EO No. 2 does not and cannot cover other important government
institutions like local governments, the legislature, independent
constitutional bodies and the judiciary. Coverage of these other government
instrumentalities can only be done by an act of Congress.


‘Third, the EO can only exact administrative liabilities for denial of the
information. Only a law can impose criminal liabilities and therefore carries
a lot more weight in terms of enforcement and compliance.

In other words, FOI must be institutionalized. It must be legislated.

‘This draft, unlike those introduced during the prior Congress, proposes for
the creation of an oversight body called Freedom of Information Commission.
Some countries and states which has a set-up like this includes United
Kingdom, Scotland, France, and Canada. This has been a global trend and
has been recognized as advantageous especially in addressing violation of the
right of access to information.

‘The establishment of a Commission will promote the exercise of the right of
access to information. It will help in the redress in cases of violation of this
right by virtue of an appeal remedy. The Commission may also perform
technical assistance and guidance to government agencies in the
implementation of the right of access to information. Since it is the gatekeeper
of government information, it will have a clear understanding of what
information may not be released because of the exceptions under the law.

These are among the functions of the Commission. But most importantly, this
Commission shall function as an independent body that shall oversee the
nationwide exercise of the right of access to information.

This administration only has two-and a-half years to go. We may need the
President’s moral suasion and imprimatur to see the passage of this critical
governance measure. But then again, I have full faith that this 18 Congress
is made up of men and women ready to deliver a landmark legislation that
paves to way to an empowered and informed citizenry all contributing to good
governance and our nation’s development.

Tearnestly ask that we pass this measure.


Republic of the Philippines
House of Representatives
Quezon City, Meteo Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 5776.

INTRODUCED BY
REP. ALFRED VARGAS

Be it enacted by|

in Congress Asdembled:

the Senate and the House of Representatives of the Philippines

AN ACT

ENABLING THE PEOPLE’S CONSTITUTIONAL RIGHT OF ACCESS TO

INFORMATION

CHAPTER I
GENERAL PROVISIONS

SEC. 1. Short Title. - This Act shall be known as the "Freedom of Information

Act of 2019."

SEC. 2. Des
to information

policy of full pul
subject to the’
democratic cou}
transparency,
government d

It is also the
privacy, commi
innovation and

tion of Policy. - The State recognizes the tight of the people
yn matters of public concern and adopts and implements a
lic disclosure of all its transactions involving public interest,
procedures and limitations provided by this Act. As a
try, it shall be the declared policy of the| state to promote
e meaningful and increased participation of the people in
ion-making and public accountability.

ication while ensuring the free flow of information to promote

licy of the State to protect the sce human right of
th.

SEC. 3. ie - This Act shall cover all government lagencies, and all
Is

private individ
nature with the]
Government
judicial brancht
Philippines inch
agencies, de}

or entities dealing, contracting, or transacting of whatever
government or government agency that utilizes public funds.
cy or agencies shall include the executive, legislative and
s as well as constitutional bodies of the Republic of the
ding, but not limited to, the national government and all its
ents, bureaus, offices and instrumentalities, constitutional



commissions arjd constitutionally mandated bodies, local government units,

s, chartered institutions, government-owned or -controlled

cial institutions (GFls), government instrumentalities with
corporate powefs (GICP), government corporate entities (GCE), and non-
chartered GOC€s, state universities and colleges, and local water districts
(LWDs), the Armed Forces of the Philippines (AFP), the Philippine National
Police (PNP), all|offices in the Congress of the Philippines in¢luding the offices
of Senators and Representatives, the Supreme Court and all lower courts
established by law.

CHAPTER IL
DEFINITION OF TERMS

SEC. 4. Definition of Terms. - As used in this Act:
(a) “Access”
receiving
records

bhall mean the granting of permission of obtaining a copy,
ie information, or gaining of insight into the information or
ght, in whatever form.

(b) "Information" shall mean any records, documents, papers, reports,
letters, contracts, minutes and transcripts of official meetings, maps,
books, pHotographs, data, research materials, films, sound and video
recordings, magnetic or other tapes, electronic data} computer-stored
data, or gny other like or similar data or materials ded, stored or
archived in whatever format, whether offline or online which are made,
received dr kept in or under the control and custody of any government
office pursuant to law, executive order, rules and rej tions, ordinance
or in conrection with the performance or transaction of official business
by any gavernment agency.

(c) "Official
a public
capacity

ord/records” refers to information produced or received by
officer or employee, or by a government agency in an official
gr pursuant to a public function or duty.

(a) "Public yecord/records’ refers to information required by laws,
executive| orders, rules, or regulations to be entered, kept and made
publicly available by a government agency.

(©) “Public

rvice Contractor” refers to a private entity that has a dealing,
contract

pr transaction of whatever nature with the government or a
‘t agency that utilizes public funds.

(9 “Records management” refers to the managerial activities involved with
the records, creation, records maintenance and use,
transmission, retention, and records disposition in| order to achieve



(g) "Sensitive personal information” shall be that defined under the Republic Act
¢ Data Privacy Act of 2012 and shall refer to personal information:

tt an individual's race, ethnic origin, marital status, age, color and
religious, philosophical or political affiliations;
2) abot an individuals health, education, genetic or sexual life of a

or to any proceeding for any offense committed or alleged to
have been committed by such person, the disposal of such proceedings,

incldes, but not limited to, social security numbers previous or
nt health records, licenses or its denials, suspension or revocation

ifically established by an executive order or ar| act of Congress to

CHAPTER III
FREEDOM OF INFORMATION COMMISSION

SEC. 5. of Information Commission. - There is hereby created the
independent, cdllegial and autonomous body to be referred as the “Freedom
of Information |Commission” which shall have the status of a national

government agency.

|
SEC. 6, Compgsition of the Commission. - The Commission shall consist
i n who shall be the head of the Commission and four (4)

Commissioners|for policy and planning, legal, operation ard administration,
and finance.

The Cl m shall enjoy the benefits, privileges, and emoluments
equivalent to the rank of the Secretary. Likewise, the Cor jioners shall
enjoy the benefits, privileges, and emoluments equivalent to the rank of the
Undersecretary

Except for the|Commissioners who are presidential appointees only, the

pointed by the President of the Republic of the Philippines

of the Commission on Appointments by resolution. The

Chairperson anHl Deputy Information Commissioners shall Serve for a term of

six (6) years ani may be reappointed at any time after the lapse of the said
term, subject td the discretion of the appointing authority. |

The Chairperson and Commissioners must be at least thirty-five (35) years of
age and of good |moral character, unquestionable integrity and known probity,
and has been ir} the government service for at least five (5) years.

‘The Chairperson shall be responsible for the general supervision, direction
and managemént of the affairs of the Commission shall exercise
disciplinary control over the officers and employees of the Gommission.


SEC. 7. ns and Duties of the Commission. - The
have all the rs direct or incidental, as are neces‘
functions under this Act, including but not limited to the fc

(a) Oversee the implementation of all FOI and e-FOI
Branches| of the Philippine Government and
therewith|

(b) Monitor

mmission shall
to undertake its
lowing:

is for all the
itor compliance

functions and duties necessary and incidental for the
t and implementation of this Act.

of the Commission. - For the purpose

of performing its
functions and duties as # provided in the preceding section

the Commission

; Provided that the information which is exempted from
under Chapter VI shall be examined in confidence;

y information held by a government
(d) Direct a

hereof;
() Expeditiously hear and determine any appeals + to it by any

enforcemént of this Act. |


SEC. 9. Good

in the performance of functions. — No administrative,

criminal or civil s shall be filed against the Commission and its employees

in respect to

acts performed in accordance with the implementation of

this Act or perf ce of their functions.

CHAPTER IV

RIGHT TO ACCESS TO INFORMATION PROCEDURES

SEC, 10. to information. - Every Filipino citizen
shall, on request, be given access to any information, offici

a right to and
records, public

records, and dotuments and papers pertaining to official acts, transactions

or decisions, or of public concern under the control of a
regardless of th physical form or format in which they are

SEC. 11. Presi

to information.

ption. - There shall be a legal presumption in favor of access
jo request for information shall be denied unless it clearly

falls under the ¢xceptions provided under this Act. Accordingly, government

agencies shall

we the burden of showing by clear and convincing evidence

that the information requested is exempted from the disclosure by this Act.

SEC.12. Procedure for making a request. —

{a) Any pe:

submit, fr

or requesting party who wishes to obtain \information shall
of charge, a request to the government cy concerned

personally, by mail, or through electronic means.

(b) A person |who is unable to make a written request for information,

because

illiteracy or disability, may make an oral|request, and the

responsible public officer or employee who receives| the oral request
shall reduce it to writing, and include his or her name and position
within the government agency, and give a copy thereof to the requesting

party.

{c) The request shall state the name and preferred contact information of
the requesting party, and reasonably describe the information required,
the

his or her Valid identification card issued by any gove!

for the request of the information and the preferred means
\¢ government agency shall communicate such information
esting party: Provided, that the stated reason shall not be

yund to deny the request or to refuse the acceptance of the
less such reason is contrary to law, public order or public

nt agency, or

(@) If the vert is submitted personally, the requesting party shall show

government or private employer or school.

(@) If the re

qhest is submitted by mail or through electronic means, the

requesting party may submit a photostatic or ai i scanned



copy of

erifiable identification, or other convenient means as
t agency shall,

by reasohable means, prevent the disclosure in public of the

requirems
shall est
informati

(h) The reque

party.

sible public officer or employee receiving fhe request shall
sonable assistance, free of charge, to enable all requesting
particularly those with special needs, to|comply with the

r or employee,
, rank, title and
loyee with the
to the requesting
's, the public

ing signature, and a copy thereof furnishe

ints of this paragraph shall be met. Each

blish a system to track the status of|all requests for
n received by it.

st may indicate the requesting party's preferred mode and

means of [receiving the information requested, provided that the mode

and m¢

normally Av

(i

form oth

8 are reasonable, taking into consideration equipment
ailable to the concerned government cs

A nrecnsheis agency may communicate the information requested in a

r than the preferred means whenever the agency has no

capability|in communicating the information in the preferred format, or
such preferred means would unreasonably interfere |with the effective
operation| of the agency or be detrimental to the pfeservation of the

record.

SEC. 13, Period for compliance. -

(a) The government agency, through its responsible |public officer or
employee| shall comply with such request as soon a$ practicable, and
in any cae within fifteen (15) working days from the receipt thereof.
The peridd may be extended whenever the information requested
requires 4 search of the government agency's field ar satellite offices,
examination of voluminous records, the occurrence ot fortuitous events
or other analogous cases.

of more

sible officer or employee shall, in writing or through
means, notify the requesting party of the extension, setting
asons for such extension and the date when the information

le available, which in no case shall result in an extension
an twenty (20) working days. |



Incy but it is believed by its responsible | public officer or
employee to be Held by another government agency, or it is believed to be more
closely conn with the functions of another government agency, the
government agehcy to which the request is made shall promptly, and in any
case not later i

is received,
government

The government agency, to which the request was referred and transferred,
shall act on thq referral and transfer of request within fifteen (15) working
days from receipt of such referral and transfer of request. The request shall
be treated as an initial request with respect to said government agency.

When a request is referred and transferred to two (2) or more government
agencies, the first one to respond shall be given preference.| However, if there
are succeeding |responses from other government agenci¢s, the responses
shall be treated as that correlated with the first government agency that
responded.

SEC. 15. Fees. |Government agencies may not charge any fees for accessing
information unless, they may charge a reasonable fee which shall in no case
exceed the actual cost of reproduction and sending the information to the
requesting party. An indigent requesting party shall be pted from the
payment thereof,

applicant fees nptice, stating that a fee of an amount specified in the notice is

‘The agency may, within the period provided under Sec. 13 of this Act, give the
to be charged . the agency for complying with Chapter IV of this Act.

The non-payment of fees shall not be a ground for refusing

comply with the
provision of this Act.

of Information Manual. - All
provide for their Manual indicating the procedures for

i iance, list of exempted information or record:
and transfer of request, fees for reproduc
the requesting party, and all other pertin
the efficient and effective access to information.

agencies shall
aking a request,
from disclosure,
tion and sending

t procedures for

SEC. 17. Freedom of Information Portal. “The Commission, in coordination
i ent of Information and Communications Technology (DICT)
shall, within sixty (60) working days from the establishment of the
Commission, crgate an online portal to be used as a facility for lodging request
using the internbt. ]
|
Publication. - It is the duty of the srogicn to proactively
fice premises and in their website, the following:

SEC. 18.
disclose in the



’s mandate and functions;
ion and core values; |
\d duties of officials with their position and office contact

lure followed in the decision-making
channels pf supervision and accountability;
() The it and updated service standards or guidance used by the
agency and its officials and employees in relation to|its dealings with
the public, including the rules, instructions, manuals and records, held
by it or uhder its control or used by its employees for discharging its
functions jr the Citizen’s Charter;

() Subsidy p 's of the government including but not limited to health
care, unity development, or women and children care. The
manner of the execution of these programs, the amounts allocated and
benefici

of concessions, permits or authorizations granted by it;
(k) The names, designation, contact details of responsible public officers or

employeeq of every agencies, appellate authorities and their office
contact détails;

() The public authority shall also before initiating) any project or
formulating any policies or program, publish or communicate to the
public in |general or to the persons likely to be affected by it in a
particular} the facts available to it or to which it has reasonable access
which ne opinion should be known to them in the best interest of
natural justice and promotion of democratic principles; and

(m) Current news and updated events conducted by agencies.

All statistical data pertaining to funds, budget allocation, subsidies and other
public finance njatters shall be downloadable in machine ble format.

CHAPTER V |
ITRAL APPEALS AND REVIEW COMMITTEE

must establish an internal appeal mechanism which shall be known as the

Central Appeals and Review Committee that shall exercise the following
functions:

SEC. 19. Central Appeals and Review Committee. — male agencies

(a) Receive, review, evaluate, and assess the appeal on the denial of the
request for information;

(b) Determing if the appeal was filed within the period provided under this
Act;



(©) Recor
request
(4) Such oth
‘The CARC may
rank of a Dit
information anc

SEC. 20. Remedies in Cases of Denial of Request for
denial of request for access to information may be appealed

and Review

must be filed by|the same person making the request, or his

representative,
appeal shall be
of said written

Failure of the g¢
period stated i

fails to appeal
shall be deeme

provided in this|Act. The decision of the CARC shall be treat
Upon denial, thi

SEC. 21. Ay

aggrieved party|is unable to make an appeal due to, amo}
conditions or ‘ha of legal capacity to file a suit, such appeal

a person duly at

SEC. 22. ys. —Access to information shall be
information falls under any of the exceptions enshrined

Constitution,

All agencies anc
days from the i
for their respec

party; and

r or Manager, or its equivalent, of

ittee (CARC) of the agencies concerned.
ithin fifteen (15) working days from the no}

peal.

final and said party loses his or her right

thorized in writing by the aggrieved party.

CHAPTER VI
INVENTORY OF EXCEPTIONS

sting laws or jurisprudence.

suance of the Implementing Rules and Re;
list of exempted information from disclo:

d to the head of agency the actions on the appeal filed by the

functions as may be determined by the Commission.

composed of not more than three (3) public officers with a

offices handling

communication, records management, or policy.

tion. - Every
Central Appeals

written appeal
lr her authorized
tice of denial. The

lecided by CARC within twenty (20) working days from filing

ernment agency to act and decide on the appeal within the

the preceding paragraph shall constitute a denial of the
appeal and is d¢emed to be final; Provided, that in case the

requesting party

ithin the period provided herein, the denial of the request

to the remedies
as final.

aggrieved party shall file its Motion for Reconsideration to
the Office of the President in requests made to the Executive,
Supreme Court] for requests made in the Judiciary, or
Representatives| or Senate of the Philippines, for request
respective ei ‘The filing of a motion for reconsideration

Branch, or to the
to the House of
made in their
y be dispensed.

g others, health
may be made by

on behalf of the “Sapa eae — Where the

lenied when the
in the Philippine

tions, provide
. Said list shall

offices covered by this Act shall, within om (60) working



be reflected in their own Freedom of Information Manual as mentioned in Sec.

16 hereof.

All exempted i
every three (3)

the informatio:
such informati
subject to the

approval of th
local governme:
and for agenci
Offices, subject

formation under this Section shall be mandatorily reviewed
by the head of office or agency in custody or control of

for reclassification and possible disclosure. Provided, that
In to be disclosed by an agency under the Judiciary shall be
proval of the, Supreme Court; for Congréss, subject to the
Senate and the House of Representatives respectively; for
t units, subject to the approval of their local Sanggunians, ;
s under the executive branch and all other agencies and
10 the approval of the Office of the President.

SEC. 23. Qualifications. - Even if the information falls under the exceptions

provided in the
shall not be den

{a) The info:
informat

(b) The publ
sought to]

(c) The req
Committe
unless thy

SEC. 24.

or records, — G

disclosure, wi
Implementing
contained in al

automatically

Implementing Rules and Regulations, accdss to information
ied if: |

tion may be reasonably severed from) the body of the
nm which would be subject to the exceptions;
interest in the disclosure outweighs the
‘be protected by the exceptions; or

sting party is either House of Congress, or any of its
s and the disclosure is to be made in i i

to the interest

les and Regulations; Provided, that all classified information
government agency records that: (1) are more than fifty (50)

years old (2) es have been determined to have historical value shall be

Subsequently al
declassified no
classification.

lassified whether or not the records haye been reviewed.
classified information in such records shall be automatically
longer than fifty (50) years from the date of its original

CHAPTER VII |
PENALTIES |

SEC. 25. Offenses. - The Commission may, mot{: proprio or upon
receipt of complaint by the requesting party, file a criminal case to any

individuals for

y following acts:

(a) When a fesponsible public officer or employee willfully denies or

obstructs)

access of any information or records;

(b) When a x snubs public officer or employee willfully fails to act on
e

the requ
and 14 of|

t within the compliance periods provided under Sections 13
ithis Act;



sponsible officer willfully refuses to comply| with the decision
of his of her superior, or of any court ordering the release of
information;

iblic officer or employee willfully interferes with the work of
ission or other officer of the Commission;

exception|under Chapter VI of this Act, when such c!
devoid of factual and legal bases;

(g) When any individual disclosed or released any information knowing
that the said information is covered under Chapter VI of this Act;

(h) When any public officer or employee who willfully disclosed or released
information that is altered, tampered or modified to the extent that the
disclosed |or released information materially differs from the original
contents jof the document: Provided, that coe modifying a

is manifestly

document for the purpose of severing an exempt information from non-
exempt information in a single document shall not be punishable under
this Act;
Any individual who willfully directed, induced| or caused the
commis, of the foregoing acts shall be liable| as principal by
inducement in the prosecution of public officer or employees under this
section;
() The resppnsible officers of the public service contractor and the
signatories to the contract or any document evidencing transaction with
the government or government agency who fail to submit the necessary
documents/papers as ordered by any government Agency or of any
court ord¢ring the release of the documents/ papers. [In addition to the
penalties provided herein, said public service contractor shall have the
automatig revocation of their license to operate; |
(k) If the violation committed in this Act is induced and assisted by a
private inflividual or a corporation, partnership or any kind of juridical
entity, the penalty provided herein shall be imposed on its executive
officer and/or other responsible officials.

@

SEC. 26. Penalties, - A penalty of imprisonment of not less than one (1) year
but not more three (3) years and a fine ranging fom one hundred
thousand peso$ (Php 100,000.00) to five hundred thousand pesos (Php
500,000.00) shil be imposed upon acts enumerated in the preceding section.

or employee who willfully destroys, or causes to be
destroyed, or sells, information and/or documents being requested under this
Act, for the purpose of frustrating the requesting party's access thereto shall
suffer a fine of fot less than five hundred thousand pesos (Php 500,000.00)
but not more one million pesos (Php 1,000,000.00) of a penalty of five
(5) years but not more than fifteen (15) years, or both, as provided in Republic
Act No. 9470 or|the National Archives Act.


involves public
information whit

blower protection. — Where the disclos: is one which
terest, no person shall be liable for any disclosure of any
h was obtained in confidence. Public interest, for purposes
be determined on a case-to-case basis by the Courts unless

by law. |

SEC. 28. Administrative Liability. - In addition to the aca! penalties
provided under| Section 24, a public officer or employee may also be
administratively| liable under the Civil Service Rules and Regulations in
respect to violations of this Act.

CHAPTER VIII
FUNCTIONS OF THE OFFICE OF THE 01

SEC. 29. nar of the Office of the Ombudsman. - The Office of the

following additional functions:

uant the Philippine Constitution, shall be given the

te and review decision of any responsible public officers or

employed, and Central Appeals and Review Committee of government

‘lative to the disclosure or non-disclosure of information;

(b) To investigate and review any decision of any government agencies,
departments or institutions regarding the arbitrary extension of the

time limit|to respond provided in this Act;

(c) To investi

te and review any written complaint senirat any officers or

employeeg of any government agencies, departments, or institutions for

all actions;

(d) To investigate and review all offenses and penalties committed under

Sec. 23 and Sec. 24 of this Act;

(©) To provi
review;

for its own rules of procedure as regards investigation and
vided that said rules of procedure shall take into utmost

consideration the expedient handling of all the investigation and review

of any of the acts mentioned under this Chapter;

|
(9 And all other functions and powers as may be deemed necessary and
appropriate for the enforcement of this Act.

SEC, 30. Ay
Office of the

its other functions

ity of relevant laws. - The functions dnd powers of the
ibudsman as stated in this Act shall be without prejudice to
d powers provided under the 1987 Constitution of the

Republic of the |Philippines, Republic Act 6770 or The Ombudsman Act of

1989, and other|relevant laws,

SEC. 31. Cooralts sess with the National Privacy Co: mm. — The

Office of the Om!

yudsman may, before coming up with a resolution or decision



to a complaint |made under this Act, to consult with the| National Privacy
Commission re; the merits of the case especially |if the refusal is
grounded on privacy concerns.

CHAPTER IX
Protection of Privacy.

SEC. 32. While providing for access to information in blic records, the
right to privacy pf individuals shall at all times be protected in the following
manner:

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

b) A gpvernment agency shall protect personal information in its
custody or undpr its control by making reasonable security arrangements
against such ribks as unauthorized access, collection, use, disclosure, or
disposal;

©) A djrector, officer or employee of a government agency who has
access, whether authorized or unauthorized, to personal information in the
custody of the agency, shall not disclose that information except as
authorized und¢r this Act.

CHAPTER X
RECORDS MANAGEMENT

SEC. 33. Records maintenance. - All government agencies shall record and
maintain record of all its activities in a manner that facilitates the right to
information, as|provided in this Act and in accordance with the rules and
regulations to by established by the National Archives of the Philippines (NAP)

and the Commigsion as regards records management in support to the right
to information.

SEC. 34. Code $f Practice on Records Management. - The Commission and
the NAP shall, after consultation with the government agencies and interested
parties, issue al Code of Practice on Records Management within sixty (60)
working days from the establishment of the Commission.

The Code of Practice on Records Management shall provide rules and
regulations on keeping of records, records system, storag¢, maintenance of
records, selectidn of records for preservation, retention or transfer of public
records, transmission of public records, disposal, and all other related
processes, |

CHAPTER XI |
CAPACITY BUILDING AND SYSTEMS OF IN
SEC. 35. Capacity-Building, Promotion of Best Practices, and Continuous

Updating of Appropriate Use of Information Technology. — Pursuant to
the function of| the Commission, it shall ensure that public officers and



employees are sheqel trained to improve awareness of the Constitutional

right on access
agencies must

disclosure and rpcords management.

The DICT, in
government
render the a
coordination
mechanism an
groups to ensut

In the perfor
portals, the DI
its information
practical accessi

information and the provisions of this Act, all government
adopt their own best practices relating to information

other relevant
websites and
priate support including capacity-buildi
ith another appropriate agency, utilizi
cking the assistance of private relevant and willing volunteer
full compliance with the requirements of this Act.

ce of its monitoring function of government websites and
shall endeavor to continuously develop, improve and update
itechnology system taking into consideration usability and
ibility of government documents by the public.

SEC. 36, Int¢gration of Freedom of Information in Elementary,

Secondary and|

‘Tertiary Curriculum. - The Right of Access to information

shall be integrated in subjects such as, but not limited to, Araling Panlipunan

or its equivalent
limited to, Soci:
subjects as may

‘The Departmen:
coordination

relevant offices
consistent with

subjects in the elementary level; in subjects such as, but not
Studies or its equivalent subjects in Secondary Level; and in
be determined in the Tertiary Level.

of Education and the Commission on Higher Education in
the Civil Service Commission, Commission and other

prepare the necessary modules and teaching programs
e objectives of this Act.

SEC. 37. I
Commission

of this Act. The
to, social p

entitlements,

SEC, 38. Im

Department of
and DICT shall
effectivity of thi
implementation’

Project Mani

establish a system of special incentives and rewards to be
riate government agency or agencies tHat initiated and

\ce and full participation in the meaningful implementation
incentives and rewards may include, but shall not be limited
jects, grants-in-aid, national recognition, and similar
id certification as Freedom of Information Champions.

tives, rewards, and building FOI a oe - The

|
menting Rules and Regulations. - The Commission,
judget and Management (DBM), Civil Seryice Commission,
issue within one hundred twenty (120) working days from the

Act the necessary rules and regulations for the effective
jof this Act.

lent Office (FOI-PMO) created under Presidential

SEC. 39. Manement Oh and Personnel. - The srg of Information —

Communication

Operations Office Department Order No. 018, s. 2017,



Memorandum Order No. 10, s. 2016 and Executive Order No. 02, s. 2016,
shall be abolished, and its powers and functions, applicable funds and

appropriations, records, equipment, property, and personnel shall be
transferred to the Commission.

SEC. 40. Separation and Retirement from Service. - Employees who are
separated from service within six (6) months from the effectivity of this Act as
a result of the consolidation and/or reorganization under the provisions of
this Act shall receive separation benefits to which they may be entitled under
Executive Order No. 366, s. 2004; Provided, that those who are qualified to
retire under existing retirement laws shall be allowed to retire and receive

retirement benefits to which they may be entitled under applicable laws and
issuances.

SEC. 41. Structure and Staffing Pattern. - With the approval of the DBM,
the Commission shall determine its organizational structure and create new
divisions or units as it may deem necessary, and shall appoint officers and
employces of the Commission in accordance with the civil service law, rules,
and regulations.

SEC. 42. Transition Period. - The transfer of functions, assets, funds,
equipment, properties, transactions, and personnel of FOI-PMO, and the
formulation of the internal organic structure, staffing pattern, operating
system of the Commission shall be completed within six (6) months from the
effectivity of this Act, during which time, the existing personnel shall continue
to assume their posts and hold their positions in a regular capacity: Provided,
that after the abolition of FOI-PMO, the Commission, in coordination with
DBM, shall determine and create new positions, the funding, requirement of
which may exceed the equivalent cost of positions abolished.

SEC. 43. Appropriations. - The amount necessary to carry out the provisions
of this Act shall be charged in reference to Sec. 37 of this Act and shall
thereafter be included in the annual General Appropriations Act.

SEC. 44. Separability Clause. - If any section or part of this Act is held
unconstitutional or invalid, the other sections or provisions not otherwise
affected shall remain in full force and effect.

SEC. 45. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of
this Act are deemed repealed.

SEC. 46. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,