FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES . 
) 
First Regular Session 
) 
SENATE 
S. No. 2189 
Introduced by Senator GREGORIO B. HONASAN II 
EXPLANATORY NOTE 
The people's right to information is guaranteed by no less than the 
fundamental law of our land. 
Article III, Section 7 of the 1987 Philippine 
Constitution provides 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 data used as basis for policy development, shall be 
afforded the citizen, subject to su.ch limitations as may be provided by law." 
Moreover, Article II, Section 28 of the same Constitution stipulates that, 
"Subject to reasonable conditions prescribed by law, the State adopts and 
implements a policy of full public disclosure of all its transactions involving public 
interest. 
Despite this Constitutional' guarantee, the Congress has yet to pass an 
enabling law that will ensure the full realization of this Constitutional right and 
will address the public's clamor for transparency in the government. 
In the case of Chavez vs. Public Estates Authority (G. R. No. 133250, 9 
July 2002), the Supreme Court provides in part, "x x x. Armed with the right 
information, citizens can participate in public discussions leading to the 
formulation of government policies and their effective implementation. 
An 
informed citizenry is essential to the existence and proper functioning of any 
democracy." The people's right to information is indispensable to the exercise of 
their right and their organizations' to effective and reasonable participation at all 
levels of social, political and economic decision-making. 
This measure seeks to implement the right of the people to information on 
matters of public concern as well as define the limitations of the said right. This 
bill inciudes the following: 
• 
Expansive scope in terms of government agencies as well as 
information covered; 
• 
Legal presumption in favor of access to information; 
• 
Clear, uniform and speedy procedure for access to information; 
• 
Remedies in cases of denial; 
• 
Mandatory disclosure of transactions involving public interest 
except when the disclosure of information would jeopardize, among 


others, national security, public order and safety, foreign diplomatic 
relations, trade sec~ets and protection of the privacy of individuals; 
• 
Promotion of openness in the government; and 
• 
Criminal and administrative liability to be imposed upon violators. 
In view of the foregoing reasons, the early ena ment of this bill is 
earnestly sought. 
GRE ORIO B. HONASAN II 
Senator 
This bill is the version of the Bicameral Conference Committee Report on the disagreeing provisions of Senate Bill No. 
3308 and House Bill No. 3372. It was ratified by the Senate under the sponsorship of Sen. Alan Peter S. Cayetano, but 
was pending ratification by the House of Representatives in the Fourteenth Congress. The undersigned was co~author of 
p.s. Resolution No. 1565, urging the House of Representatives to ratify the Bicameral Conference Committee Report 
before the sin; die adjournment. The said resolution was adopted on 31 May 2010. 


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FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 2189 
) 
) 
) 
Introduced by Senator GREGORIO B. HONASAN II 
AN ACT 
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON 
MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, 
ARTICLE THREE OF THE 1987 CONSTITUTION AND THE STATE POLICY 
OF FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING 
PUBLIC INTEREST UNDER SECTION TWENTY-EIGHT, ARTICLE TWO OF 
THE 1987 CONSTITUTION, APPROPRIATING FUNDS THEREFOR AND 
FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Freedom 
of Information Act of 2010" 
SEC. 2. Declaration of Policy.-
The State recognizes the right of the 
• 
people to information on matters of public concern, and adopts and implements 
a policy of full public disclosure of all its transactions involving public interest, 
subject to the procedures and limitations provided by this Act. 
This right is 
indispensable to the exercise of the right of the people and their organizations to 
effective and reasonable participation at all levels of social, political and 
economic decision-making. 
SEC. 3. Coverage. -
This Act shall cover all government agencies as 
defined under Section 4 of this Act. 
SEC. 4. Definition of Terms. - As used in this Act: 
a) "Information" shall mean any knowledge, record, document, paper, 
report, letters, contract, minutes and transcripts of official meetings, 
':> ,:; .,) t: 
, V' IV 


maps, books, photographs, data, research material, film, sound and 
video recordings, magnetic or other tapes, electronic data, or any 
other like or similar data or material recorded, stored or archived in 
whatever form or format, which are made, received or kept in or 
under the control and custody of any government agency pursuant to 
law, executive order, rules and regulations, ordinance or in connection 
with the performance or transaction of official bUSiness by any 
government agency. 
• 
b) "Government agency" shall include the executive, legislative and 
judicial branches as well as constitutional bodies of the Republic of the 
Philippines including, but not limited to, the national government and 
all its agencies, departments, bureaus, offices and instrumentalities, 
constitutional commissions and constitutionally mandated bodies, local 
governments and all their agencies, regu latory agencies, chartered 
institutions, government-owned or controlled 
wholly-owned 
or 
controlled 
subsidiaries, 
corporations, including 
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" shall refer to information produced or received by a 
public officer or employee, or by a government agency in an official 
capacity or pursuant tel a public function or duty, and is not meant.to 
be a stage or status of the information. 
d) "Public records" shall include information required by law, executive 
orders, rules, or regulations to be entered, kept and made publicly 
available by a government agency. 
SEC. 5. Presumption. - There shall be a legal presumption in favor of 
access to information. Accordingly, government agencies shall have the burden 
of proof of showing by clear and convincing evidence that the information 
requested is exempted from disclosure by this Act. 
SEC. 6. Access to Information. -
Government agencies shall make 
available to the public for scrutiny, copying and reproduction in the manner 


i 
provided by this Act, all information pertaining to official acts, transactions or 
decisions, as well as government research data used as basis for policy 
development, regardless of their physical form or format in which they are 
contained and by whom they were made. 
SEC. 7. Exceptions. - Subject to the qualifications set forth in Section 8 
of this Act, access to information may be denied when: 
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 defense and its revelation will cause grave damage 
to the internal and external defense of the State; or Z) The information 
requested pertains to the foreign affairs of the Republic of the 
Philippines, when its revelation unduly weaken the negotiating position 
of the government in an ongoing bilateral or multilateral negotiation or 
seriously jeopardize the diplomatic relations of the Philippines with one 
or more states with which it intends to keep friendly relations: 
Provided, further, That the executive order shall specify the reasonable 
period by which the information shall be automatically declassified or 
subject to mandatory declassification review, and that any reasonable 
doubt as to classification and declassification shall be settled in favor of 
the right to information; 
b) The information requested pertains to internal and external defense 
and law enforcement, when the revelation thereof would render a 
legitimate military or law enforcement operation ineffective, unduly 
compromise the prevention, detection or suppression of a criminal 
activity, or endanger the life or physical safety of confidential or 
protected sources or witnesses, law enforcement and military 
personnel or their immediate families. 
Information relating to the 
details 
of the 
administration, 
budget 
and 
expenditure, 
and 
management of the defense and law enforcement agencies shall 
always be accessible tO,the public; 
c) The information requested pertains to the personal information of a 
natural person other than the requesting party, and its disclosure 
would constitute a clearly 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 to the disclosure of 
the requested information; 
d) The information requ6!sted pertains to trade, industrial, financial or 
commercial secrets of a natural or juridical person other than the 
requesting party, obtained in confidence by, and/or filed with a 
government agency, whenever the revelation thereof would seriously 
prejudice the interests of such natural or juridical person in trade, 
industrial, financial or commercial competition, unless such natural or 
juridical person has consented to the disclosure of the requested 
information; 
e) The information is privileged from production in legal proceedings by 
law or by the Rules of Court, unless the person entitled to the privilege 
has waived it; 
f) The information requested is exempted by law or the Constitution, in 
addition to those provided in this section; 
g) The information requested is obtained by any committee of either 
House of Congress in ,executive session, whenever such information 
falls under any of the foregoing exceptions; and 
h) The information requested consists of drafts of decisions by any 
executive, administrative, judicial or quaSi-judiCial body in the exercise 
of their adjudicatory functions whenever the revelation thereof would 
I 
reasonably tend to impair the impartiality of verdicts, or otherwise 
obstruct the administration of justice. 
For letters (b) to (h) of this 
section, the determination whether any of these grounds shall apply 
shall be the responsibility of the head of office of the government 
agency in custody or control of the information, or any responsible 
central or field officer/s duly designated by him. 
SEC. 8. Qualifications. -
Even if the information requested falls under 
the exceptions set forth in the preceding section, access to information shall not 
be denied if: 
a) The information may be reasonably severed from the body of the 
information which would be subject to the exceptions; 
b) The public interest in the disclosure outweighs the harm to the interest 
sought to be protected by the exceptions; or 


c) The requesting party. is either House of Congress, or any of its 
Committees and the disclosure is to be made in executive session, 
unless the disclosure will constitute a violation of the Constitution. 
SEC. 9. Procedure of p:ccess.- (a) Any person who wishes to obtain 
information shall submit a request to the government agency concerned 
personally, by mail, or through electronic means. The request shall state the 
name and preferred contact information of the requesting party, and reasonably 
describe the information required, the reason for the request of the information 
and the preferred means by which the 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 such reason is contrary to law. 
If the request is submitted 
personally, the requesting party shall show his or her current identification card 
issued by any government agency, or government or private employer or school, 
• 
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-~I'-
or a community tax certificate. If the request is submitted by mail or through 
electronic means, the requesting party may submit a photo static or electronically 
scanned copy of the identification, or other convenient means as determined by 
the agency. 
(b) 
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. 
(c) 
The request may· indicate the following preferred means of 
communication: 
(1) A true copy of the 
information 
requested 
in 
permanent or other form; 
(2) An opportunity to inspect the information, using 
equipment normally available to the government agency when 
necessary; 
(3) An opportunity to copy the information using personal 
equipment; 
(4) A written transcript of the information contained in an 
audiO or visual form; 


(5) A transcript of the content of the information 
• 
requested, in print, sound or visual form, where such transcript is 
capable of being produced using equipment normally available to 
the government agency; 
(6) A transcript of the information from shorthand or 
codified form; or 
(7) Other reasonable means or format. 
(d) 
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 be 
detrimental to the preservation of the record. 
(e) 
The government agency shall comply with such request within 
seven (7) working days from the receipt thereof. 
(f) 
The time limits prescribed in this section for the production of the 
requested information may be extended whenever there is a need for any of the 
following: 
(1) To search for and collect the requested information 
from field facilities or other establishments that are separate from 
the office processing the request; 
(2) To search for, collect and appropriately examine the 
voluminous amount of separate and distinct information which are 
demanded in a single request; 
(3) Consultation, 
which 
shall 
be 
conducted 
in 
all 
practicable speed, with another government agency or among two 
(2) or more components of the government agency having 
substantial interest. in the determination of the request; and 
(4) To consider fortuitous events or other events due to 
force majeure 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 requested shall be 
made available: 
Provide~ That no such notice shall specify a date that would 
result in an extension of more than fifteen (15) working days from the original 
deadline. 


SEC. 10. Access Fees. - Government agencies may charge a reasonable 
fee to reimburse the actual cost o'f reproduction, copying or transcription and the 
communication of the information requested. 
SEC. 11. Notice of Denial.- If the government agency decides to deny 
the request, in whole or in part, it shall, within seven (7) 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 clearly indicate the name, 
rank, title or position of the person making the denial, and the grounds for the 
denial. In case the denial is by reason of a claimed exception, the denial shall 
also state clearly the legitimate aim or interest sought to be protected in the 
confidentiality, and the facts and. circumstances invoked showing the substantial 
harm to, or frustration of, the legitimate aim or interest that will result in the 
disclosure of the information. Failure to notify the person making the request of 
the denial, or of the extension, shall be deemed a denial of the request for 
access to information. 
SEC. 12. Implementation Requirements. -
(a) For the effective 
implementation of this Act, all government agencies shall prepare a Freedom of 
Information Manual with the end in view of facilitating easy access to 
information, which shall include the following: 
(1) 
The location and. contact information of the head, regional, 
provincial and field offices, and other established places where the public 
can obtain 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, 


the decision-making, and the grant or denial of access and its 
implementation; 
(8) 
The procedure for the administrative appeal of any denial for 
access to information; 
(9) 
The schedule of fees; 
(10) 
The process and procedure for the mandatory disclosure of 
information under Section 14 of this Act; 
(11) Should the agency lack the capacity to comply with Section 14 (a) 
of this Act, a brief description of its plan to facilitate compliance within 
three (3) years from the approval of this Act; and 
(12) 
Such other information, taking into consideration the unique 
characteristics of an 
ag~ncy, that will help facilitate the effective 
implementation of this Act. 
(b) The Judiciary shall prepare a similar manual as directed by the Supreme 
Court; 
(c) The foregoing information shall also be posted in its webSite and bulletin 
boards, and shall be regularly updated; 
(d) 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. 
SEC. 13. 
Remedies in Cases of Denial. -
(a) In all government 
agencies other than the judicial branch-
• 
(1) 
Every denial of any request for access to information may be 
appealed to the person or office next higher in authority, following 
the procedure mentioned in Section 12 (a) (8) of this Act: 
Provide~ 
That the appeal must be filed within fifteen (15) calendar days from 
the notice of denial and must be decided within fifteen (15) calendar 
days from filing. Failure of the government agency to decide within 
the aforestated period shall constitute a denial of the appeal; and 
(2) 
Instead of appealing or after the denial of the appeal, the 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. Such complaint shall be resolved by 
the Office of the Ombudsman within sixty (60) calendar days from 
filing, or earlier when time is of the essence, taking into account 


such factors as the nature of the information requested, context of 
the request, public interest and 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 complaints filed pursuant to this section. 
Unless 
restrained or enjoined, the decisions 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, immediately or at some other time to be specified by 
the court, to disclose the information requested and to pay the 
damages sustained by the requesting party by reason of the denial. 
The procedure for such petition shall be summary in nature. 
(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 then in camera to determine the 
sufficiency of the factual and legal basis of such claim, when 
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 
requesting party in availing of the remedies provided under this Act. 


SEC. 14. Mandatory Disclosure of Transactions Involving Public 
Interest. - (a) Subject to Sections 7 and 8 of this Act, all government agencies 
shall upload on their websites, which shall be regularly updated every fifteen 
(15) days, all the steps, negotiations and key government positions pertaining to 
definite propositions of the government, as well as the contents of the contract, 
agreement or treaty in the following transactions involving public interest: 
(1) Compromise agreements entered into by a government agency 
with any person or entity involving any waiver of its rights or 
claims; 
(2) Private 
sector 
participation 
agreements 
or 
contracts 
in 
infrastructure and development projects under Republic Act No. 
6957, as amended by Republic Act No. 7718, authorizing the 
financing, 
construction, 
operation 
and 
maintenance 
of 
infrastructure projects; 
(3) Procurement contracts entered into by a government agency; 
(4) Construction or concession agreements or contracts entered into by 
a government agency with any domestic or foreign person or 
entity; 
(5) Loans, grants, development assistance, technical assistance and 
programs entered into by a government agency with official 
bilateral or multilateral agencies, as well as with private aid 
agencies or institutions; 
(6) Loans from domestic and foreign financial institutions; 
(7) Guarantees given by any government agency to government-
owned or controlled corporations and to private corporations, 
persons or entities; . 
(8) Public funding extended to any private entity; 
(9) Bilateral or multilateral agreements and treaties in defense, trade, 
economic partnership, investments, cooperation and similar binding 
commitments; or 
(10) Licenses, permits or agreements given by any government 
agency to any person or entity for the extraction and/or utilization. 
of natural resources. , 
A summary list of the foregoing information uploaded in the website shall 
be posted in the bulletin boards of the concerned government agency. ' 


(b) The information uploaded in the website under letter (a) of this 
section may be withdrawn after a period of three (3) years from the time of 
uploading: 
Provide~ That an abstract of the information withdrawn shall remain 
uploaded in the website, containing a brief description of the transaction and an 
enumeration of the information withdrawn, and indicating the dates of posting 
and withdrawal. 
( c) Should an agency lack the capacity to comply with letter (a) of this 
section, the agency shall initiate a capacity-building program, or coordinate with 
another appropriate agency, to facilitate sUbstantive compliance not later than 
three (3) years upon approval of this Act. 
SEC. 15. Keeping of Records. - (a) Government agencies shall create 
and/or maintain in appropriate formats, accurate and reasonably complete 
documentation or records of their organization, policies, transactions, deCisions, 
resolution, 
enactments, 
actions, 
procedures, 
operations, 
activities, 
""- "" .. -. -
" 
communications, documents received or filed with them and the data generated 
or collected. These shall include working files such as drafts or notes, whenever 
these have been circulated within the agency for official purpose such as for 
discussion, comment or approval .or when these contain unique information that 
can 
substantially contribute to a proper understanding of the agency 
organization, policies, transactions, deCisions, resolutions, enactments, actions, 
procedures, operations and activities. 
(b) 
Government agencies shall identify specific and classes of official 
records in their custody or control that have continuing historical, administrative, 
informational, legal, evidentiary, or research value for preservation by such 
agencies or their legitimate successors, or for transfer to the National Archives of 
the Philippines. In addition, the National Archives of the Philippines shall likewise 
identify specific and classes of official records that it shall require agencies to 
preserve and transfer to it. 
o 
(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; 


3) The declaration under oath of the assets, liabilities and net 
worth of public officers and employees, as required by law; and 
4) Records of official investigations on graft and corrupt practices 
of public officers. 
(d) 
Government agenciEi's shall prepare, following the standards and 
period promulgated pursuant to Republic Act No. 9470 or the National Archives 
of the Philippine Act of 2007, a records management programs that includes the 
following: 
1) A records maintenance system for the creation, selection, 
classification, indexing and filing of offiCial records, that 
facilitates easy identification, retrieval and communication of 
information to the public; 
2) A records maintenance, archival and disposition schedule 
providing a listing of records under current use, for retention by 
the agency, for transfer to the National Archives, or for 
• 
destruction: 
Provide~ That destruction of the offiCial records 
may be implemented only upon approval of the National 
Archives of the Philippines; and 
3) Specifications of the roles and responsibilities of agency and 
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 VII, Chapter II of the Administrative Code of 
1987, the University of the Philippines Law Center, in coordination with the 
National Printing Office as the agency with the exclusive printing jurisdiction over 
the Official Gazette, shall maintain a database and publish the same in print in 
Official Gazette or in digital or online form, the following: 1) All laws of the 
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 made by the President 
of the Philippines; and 4) Opinions of the Secretary of Justice. 
SEC. 16. Promotion of Openness in Government. -
(a) Duty to 
Publish Information - Government agencies shall regularly publish, print and 
disseminate at no cost to the public and in an accessible form, in conjunction 


• 
with Republic Act No. 9485 or the Anti-Red Tape Act of 2007, and through their 
• 
website, timely, true, accurate and updated key information including, but not 
limited to: 
(1) A description of its mandate, structure, powers, functions, 
duties and decision-making processes; 
(2) A description of the frontline services it delivers and the 
procedUre and length of time available 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) Current and important database and statistics that it generates; 
(7) Bidding processes and requirements; and 
(8) Mechanisms 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 
endeavor to translate key information into major Filipino languages and present 
them in popular form and means. 
(c) Improving Capability - Every government agency shall ensure the provision 
of adequate training for its officials to improve awareness of the right to 
information and the provisions of this Act, and to keep updated of best practices 
in relation to information disclosure, records maintenance and archiving. 
SEC. 16. 
Criminal Liability and Administrative Liability. -
The 
penalty of imprisonment of not less than one (1) month but not more than six 
(6) months shall be imposed upon: 
(a) 
Any public officer or employee receiving the request under Section 
9 of this Act who shall fail to promptly forward the request 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 requested within the periods 
required by this Act; 


(b) 
Any public officer or employee responsible for officially acting on 
the request, who shall: 
(1) Fail, to act on the request within the periods required by this 
Act; 
(2) Knowingly deny the existence of existing information; 
(3) Destroy information being requested for the purpose of 
frustrating the requesting party's access thereto; 
(4) Claim an exception under Section 7 of this Act, or under the 
Constitution, when the claim is manifestly devoid of factuql 
basis; or 
(5) Refuse to comply with the decision of his immediate supervisor, 
the Ombudsman or the court ordering the release of the 
information requested that is not restrained or enjoined by a 
court; 
(c) 
The head of office of the government agency directly and 
principally responsible for the negotiation and perfection of any 
of the transactions enumerated in Section 14 (a) of this Act, 
who shall knowingly refuse, to direct the mandatory posting or 
uploading of such transaction despite the agency's capacity to 
implement such directive. The same penalty shall be imposed 
upon the public officer or employee who, despite a directive 
from the head of office, shall fail, to post or upload any of the 
transactions enumerated in Section 14 of this Act; 
(d) 
Any public officer or employee who shall destroy, or cause to 
destroy, records of information covered by Section 15 (c) of this 
Act; 
(e) 
Any public officer who formulates 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; or 
(f) 
Any public or private individual who knowingly induced or caused 
the commission of the foregoing acts under this section. 
The foregoing shall be without prejudice to any administrative liability of 
the offender under existing laws and regulations. 


SEC. 18. 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. 
SEC. 19. 
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. 
SEC. 20. Separability Clause. -
If,for any reason, any section or 
provision of this Act is held unconstitutional or invalid, the other provisions not. 
otherwise affected shall remain in. full force and effect. 
SEC. 21. Repealing Clause. - All laws, decrees, executive orders, rules 
and regulations, issuances or any part thereof inconsistent with the provisions of 
this Act, including 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 No. 6713 (Code of Conduct and Ethical Standards for Public Officials and 
Employees), are deemed repealed. 
SEC. 22. Effectivity Clause. -
This Act shall take effect fifteen (15) 
• 
days after its publication in at least two (2) newspapers of general circulation. 
Approved,