Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

TWENTIETH CONGRESS

First Regular Session

House Bill No.__ 1187

Introduced by Representative

BRIAN DANIEL POE LLAMANZARES, PhD, MNSA

AN ACT IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY

EXPLANATORY NOTE

This bill, to be known as the "People's Freedom of Information Act," seeks to give full
effect to the Filipino people's constitutional right to access information on matters of public
enshrined in Article III, Section 7 and Article XI, Section 17 of the 1987
Constitution, It advances the twin principles of transparency and accountability, which are
indispensable to a functioning democracy.

concern, a

Despite the recognition of the right to information in the Constitution, its exercise
remains severely limited in practice due to the absence of a clear legal framework. Citizens are
often met with inconsistent procedures, unjustified denials, or outright inaction when requesting
access to public records. This lack of enforceable standards impedes public oversight and
weakens trust in institut

s.
This bill aims to address these gaps through the following key reforms:

1, Presumption in Favor of Disclosure. The bill establishes that all government-held
information of public concer shall be presumed accessible. The burden of justifying any


denial of access rests with the government agency, reversing the status quo that favors
secrecy,

2. Comprehensive Coverage. It applies to all branches of government—executive,
legislative, and judiciary—as well as constitutional commi: \s, local government units
(LGUs), state universities and colleges (SUCs), government-owned or controlled
corporations (GOCCs), and other government instrumentalities. It also covers
inter-agency communications and internal documents, unless lawfully exempt.

3. Clearly Defined and Limited Exceptions. While recognizing legitimate grounds for
non-disclosure such as national security, law enforcement, and personal privacy, the bill
ensures that such exceptions are narrowly drawn, strictly interpreted, and, where
applicable, subject to a public interest override.

4. Mandatory Proactive Disclosure. To reduce barriers and promote institutional
transparency, the bill requires the automatic publication of essential documents such as
agency budgets, procurement plans, contracts, bilateral agreements, financial reports, and
the Statements of Assets, Liabilities, and Net Worth (SALNs) of senior officials, with
personal information properly redacted.

5. Standardized and Accessible Request Procedures. The bill provides simple,
citizen-friendly procedures for requesting information, including oral requests for those
with disabilities or literacy barriers. It establishes fixed timeframes for response, appeal
mechanisms, and the right to be informed of the status of a request.

6. Privacy and Data Protection. Consistent with the Data Privacy Act of 2012, the bill
protects personal data by allowing disclosure only when aligned with public interest and
lawful processing, ensuring a balance between transparency and individual privacy.

7. Capacity Building and Public Awareness. The measure mandates all government agencies
to develop their FOT Manuals, conduct public information campaigns, and adopt plain
language in public documents. It also encourages the integration of transparency and
accountability values in the basic education curriculum,

8. Enforcement and Penalties. To deter violations, the bill imposes both administrative and
criminal liability on public officials who willfully obstruct access to information,
including unauthorized concealment, destruction, or alteration of official records.

In enacting the People's Freedom of Information Act, the Philippine government
demonstrates its firm commitment to democratic govemance-—where public office is a public
trust and where citizens are empowered to engage in meaningful oversight of government
actions, Transparency is not merely a tool against corruption; it is a foundation for public
participation, responsible governance, and the pursuit of justice and truth.


The passage of the bill is earnestly sought.

Dac,

HON. BRIAN DAMIEL POE LLAMANZARES, PhD, MNSA
Representative

FPJ Panday Bayanihan Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

TWENTIETH CONGRESS

First Regular Session

Introduced by Representative

BRIAN DANIEL POE LLAMANZARES, PhD, MNSA

AN ACT IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY

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 (FOI)
Act.”

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the state to recognize the right
of the people to information on matters of public concern and to adopt and implement a policy of
full public disclosure of all its transactions involving public interest, subject to the procedures and
limitations provided by this Act. It is likewise the policy of the State to promote the meaningful
and increased participation of the people in government decision-making and public
accountability. Towards these ends, public officials and employees, in the performance of their
duties as well as Citizens in the exercise of their rights under this Act, shall handle information
kept or obtained fairly, lawfully, and with due regard to the full protection of the right to privacy
of individuals.

See. 3. Definition of Terms. - As used in this Act:

a. Information refers to any public and/or official record, document, paper, report, letters, contract,
minutes, and transcripts of official meetings, maps, books, photographs, data, research material,


film, audio and video recordings, magnetic or other tapes, electronic data, computer-stored data,
or other like or similar data or material of public concern recorded, stored or archived in whatever
form or format, which are made, received or kept in or under the control and custody of any
government agency pursuant to law, executive order, rules, and regulations, ordinance or in
connection with the performance or transaction of official business by any government agency;

b. Official record/s refer to information in final form produced or received by a public officer or
employee, or by a government agency in an official capacity or pursuant to a public function or
duty;

c. Personal Data refers to a collective term used to refer to personal information, sensitive personal
information, and privileged information. These are any information that relates to an identified or
identifiable living individual. Different pieces of information, which are collected together can
lead to the identification of a particular person and also constitute personal data;

d. Personal information refers to any information whether recorded in a material form or not from
which the identity of an individual is apparent or can be reasonably and directly ascertained by the
entity holding the information or when put together with other information would directly and
certainly identify an individual;

¢. Privileged Information refers to any and all forms of data, which, under the Rules of Court and
other pertinent laws, constitute privileged communication;

f Public records refer to information required by laws, executive orders, rules, or regulations to be
‘entered, kept, and made publicly available by a government agency/office;

g, Public service contractor refers to a private entity that has a dealing, contract, or transaction of
whatever form or kind with the government or a government agency/office that utilizes public
funds;

h, Sensitive personal information refers to personal information:

i, about an individual's race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;

ii, about an individual's health, education, genetic, or sexual life of a person;

any proceeding for any offense allegedly or actually committed by an individual,
including the disposal of, or the court's sentence in such proceedings;

iv. issued by government agencies peculiar to an individual which includes, but not limited
to, social security numbers, previous or current health records, licenses or its denials,


suspension or revocation, and tax returns or data submitted by individuals to government
agencies such as previous or current health records; and

v. specifically established by an executive order or an act of Congress to be kept classified.

Sec. 4. Coverage. This Act shall apply to all executive, legislative and judicial offices, and
constitutional offices, including Local Government Units (LGUs), State Universities and Colleges
(SUCs), Government-Owned or Controlled Corporations (GOCCs), and other government
instrumentalities, subject to limitations under existing laws. Further, this Act shall also cover back-
end government operations, within, between, and across agencies, government-to-government
communications, particularly those involving sharing and processing of data and information
between and among government agencies for policy, planning, and decision-making purposes, and
other government operations.

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

See. 6. Presumption. - There shall be a legal presumption in favor of access to information. No
request for information shall be denied unless it clearly falls under the exceptions provided under
this Act. Accordingly, government agencies shall have the burden of proof of showing by clear
and convincing evidence that the information requested is exempted from the disclosure by this
Act.

See. 7. Exceptions. - Access to information shall be granted unless:

a. The information is specifically authorized to be kept confidential under guidelines established
by an Executive Order (E.0.), and in fact properly classified pursuant thereto: Provided, That:

1) The information directly relates to national security or defense and its revelation may
cause 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 jeopardize the
diplomatic relations of the Philippines with any state, or prejudice the entrusting of
information to the Republic of the Philippines on a basis of confidence by the government
of any other country or any international organization: Provided, That sufficient
information is disclosed to afford reasonable public participation in government decision-
making on bilateral and multilateral agreements: Provided, further, That the head of the
department or agency having custody or possession of such information, shall keep under



continuing review all classified information in his custody and may direct the
declassification review of such review as needed. Declassification of information shall be
subject to the approval of the President.

b. The information consists of minutes or records of advice given or of opinions expressed during
decision-making or policy formulation including exchanges when the chief executive was not
present, if invoked by the chief executive to be part of presidential communications privilege.
Whenever disclosure would significantly undermine the free and frank provision of advice or
exchange of views: Provided, That an executive order shall be issued specifying the reasonable
period after which information invoked to be privileged under this paragraph shall be made
accessible to the public;

cc. The information requested pertains to internal and/or external defense, law enforcement, and
border control, when the disclosure thereof may:

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

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

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

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

5) endanger the life or physical safety of any individual; or

6) deprive a person of a right to a fair trial and impartial adjudication.

4. The information requested pertains to matters of human security, such as, but not limited to,
food, health, money and trade: Provided, That such disclosure or premature disclosure will imperil
our well-being or degrade the quality of life of our people by causing unnecessary panic and
conflict and threatening to limit the range of policy choices available to the concerned
implementing and regulating agencies; Provided, further, That this exception shall apply only until


such time that the confidentiality requirement of the action plan of said agency is no longer
necessary in addressing the said security issue;

e. The information requested pertains to the assistance of the government to overseas Filipino
workers, including but not limited to their cases and records on criminal and family cases; and
information that could compromise or weaken their case or position in any legal proceeding;

f. The information requested involves records of foreign diplomats on diplomatic and consular
missions, their arrival and departure, and other information that could compromise their safety or
that such information is considered confidential by the Vienna Convention on Diplomatic
Relations and the Vienna Convention on Consular Relations;

g. The information requested is exempted under a treaty or bilateral agreement to which the
ines is a party;

formation requested consists of drafts of orders, resolutions, decisions, memoranda, or
audit reports by any executive, administrative, regulatory, constitutional, judicial, or quasi-judicial
body in the exercise of their regulatory, audit, and adjudicatory functions. The revelation of which
‘would impair the impartiality of verdicts or otherwise obstruct the administration of justice;

i, The information requested and/or obtained by either the House of Congress or any committee
thereof, in executive session;

j. The information requested pertains to the personal and sensitive information of a natural person
other than the requesting party, and its disclosure would constitute an unwarranted invasion of his
or her personal privacy, or the person is or was an official or employee of a government agency
and the information relates to his other public function or the person has consented, in writing, to
the disclosure of the information;

k. The information requested forms part of a public record but its disclosure would expose the
people concemed to acts of discrimination unless such information is first redacted by the
concemed government agency;

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

1m. The information is required to be kept confidential by law or consists of privileged information
unless the person entitled to the privilege has waived it;

n. The information requested is exempted from disclosure by the Constitution or by law;


0. The information is of a nature that its premature disclosure would:

1) in the case of an agency that regulates or deals with currencies, interest rates, securities,
commodities, or financial institutions, be likely to lead speculations in currencies, interest
rates, securities, or commodities market; or

2) in the case of other agencies, be likely to frustrate the effective implementation of a
proposed official action: Provided, That the information shall be disclosed once the above-
mentioned dangers have ceased.

p. The information has already been made accessible as provided in Sections 8(a), 9, 11, and 14 of
this Act; and

4g. The information requested pertains to information about the ongoing evaluation or review of
bids or proposals undertaken by the bidding or review committee prior to an official
recommendation by the government.

For paragraphs (¢) to (q) of this section, the determination of whether any of these grounds shall
apply shall be the responsibility of the head of the office of the government agency in custody or
control of the information, or any responsible central or field officer/s duly designated by him:
Provided, That:

1) The exceptions are strictly construed;

2) The exceptions are not used to cover-up legitimate investigations being conducted by
law enforcement agencies or the Legislature involving the commission of a crime, or any
unlawful activity wherein such information is material or relevant to the allegations or
issues;

3) The President, the Supreme Court, the Senate, the House of Representatives, and the
Constitutional Commissions with a majority vote of the body in accordance with their own
rules of procedure when applicable 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;

it the

4) The exceptions do not constitute authority to withhold information from, or li

availability of records to Congress, or any of its committees;

5) The exceptions do not constitute an authority of the executive branch of a Local
Government Unit (LGU) to withhold information from its legislative body;


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

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

All exempted information under this section shall be mandatorily reviewed after every three (3)
years by the head of office or agency in custody or control of the information for reclassification
and possible disclosure: Provided, That such information to be disclosed by an agency under the
executive branch shall be subject to the approval of the President.

Sec. 8. Mandatory Disclosure of Information. -

a. In fulfillment of Article X1, Section 17 of the Constitution, the following national officials shall
disclose to the public their Statement of Assets, Liabilities, and Net Worth (SALN) on an annual
basis on their official website:

1) President;
2) Vice-President;
3) Members of the Cabinet;
4) Members of Congress;
5) Justices of Supreme Court;
6) Members of Constitutional Commissions and other constitutional offices; and
7) Officers of the Armed Forces with general or flag rank.
Provided, That sensitive personal information contained in the SALN such as:
i. Home address of the declarant;

ii. Details of any unmarried children below eighteen (18) years of age living in the
declarant's household, if any, particularly their names, dates of birth, and ages;

‘Signatures of the declarant and co-declarant; and


iv. Government-issued ID numbers of the declarant and co-declarant redacted to protect
the dignity, safety, and security of the public officers shall be redacted: Provided, further,
That all SALNs for previous years shall be archived and kept available on the said websites.

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

1) annual budget of government agencies;
2) itemized monthly collections and disbursement;

3) summary of income and expenditures;

4) component of the IRA utilization;
5) annual procurement plan and procurement list;

6) an updated plantilla of positions and vacant positions with qualifications/requirements in their
organizations that need to be filled up;

7) Items to Bid;
8) Bid Results on Civil Works, and Goods and Services;
9) Abstract of Bids as calculated;

10) Procurement contracts entered into by a government agency with corresponding income tax
returns, if applicable, of the person or entity awarded of the same;

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

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

13) Public funding extended to any private entity;

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

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


16) Guarantees given by any government agency to GOCCs and to private corporations, persons
or entities;

17) Loans from domestic and foreign financial institutions;

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

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

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

Sec. 9. Openness and Transparency in Government Agencies. - Each government agency shall
make available upon the request of any citizen at no cost and in an accessible form, consistent with
the provisions of Republic Act No. 9485, or the Anti-Red Tape Act of 2007, and through their
website, timely, true, accurate and updated key information including, but not limited to:

a. A description of its mandate, structure, powers, functions, duties and decision-making processes;

b. A description of the frontline services it delivers and the procedure and length of time by which
they may be availed of;

c. The names of its key officials, their powers, functions and responsibilities, and their profiles;
4d. Audited financial statements, and budget and expenditure records;
¢. SALN of all public officials with Salary Grade 27 and above or heads of office;

f. Monthly income including allowances and sources of income of all public officials with Salary
Grade 27 and above; and heads of office;

g. Work programs, development plans, investment plans, projects, performance targets and
accomplishments, and budgets, revenue allotments and expenditures;

h. Important rules and regulations, orders, or decisions: Provided, That they be published within
fifteen (15) calendar days from promulgation;


i. 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;

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

k. Current and important database and statistics that it generates;
1. Bidding processes, deadlines, and requirements;

m. Mechanisms or procedures by which the public may participate in or otherwise influence the
formulation of policy or the exercise of its powers; and

1. Any disclaimer that shall announce true and correct information relative to a matter of public
concern that has been the subject of untruthful or inaccurate publication in media.

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

Sec. 10. 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:

4. Disclosure of public records involving personal data shall be guided by the principle of
transparency, legitimate purpose, and proportionality;

b. A government agency must ensure that personal and sensitive information in its custody or under
its control is disclosed only as permitted under this Act;

c. A government agency must protect personal data in its custody or under its control in accordance
with the provisions of the Republic Act No. 10173 or the Data Privacy Act of 2012, its
implementing rules and regulations, and issuances by the National Privacy Commission (NPC);
and

4d. An employee, officer, or official of a government agency who has access, whether authorized
‘or unauthorized, to personal and sensitive information in the custody of the agency, must not
disclose that information except as authorized under this Act.

Sec. 11. Freedom of Information (FON) Manual. - For the effective implementation of this Act,
all government agencies shall prepare a Freedom of Information (FOI) Manual, within six (6)
months from the effectivity of this Act indicating the following:



a. The location and contact information of the head, regional, provincial, and field offices, and
other established places where the public can obtain government information or submit requests;

b. The types of information it generates, produces, holds, and/or publishes;
c. A description of its record-keeping system;
d. The person or office responsible for receiving requests for information;

¢. The procedure for the filing of requests personally, by mail, or through the identified electronic
means;

f. The standard forms for the submission of requests and the proper acknowledgment of the request;

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

h. The procedure for the administrative appeal of any denial of access to information;
i, The schedule of fees;

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

k. Such other information, taking into consideration the unique characteristics of an agency, will
help facilitate the effective implementation of this Act. The foregoing information shall also be
posted on its website and bulletin boards and shall be regularly updated.

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.

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

Here's the continuation of the reformatted text:
Sec. 12. 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 due to being a person with disability, to make a written request for
information may make an oral request, and the public official who receives the oral request shall
reduce it to writing, and include his name and position within the 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 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
‘current identification card issued by any government agency, 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 verifiable
identification, or other convenient means as determined by the agency:

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

c. The request shall be stamped by the government agency, indicating the date and time of receipt
and the name, rank, title, and position of the receiving public officer or employee with the
corresponding signature, and a copy thereof furnished to the requesting party. In case the request
is submitted by electronic means, the government agency shall provide for an equivalent means
by which the requirements of this paragraph shall be met. Each government agency shall establish
a system to trace the status of all requests for information received by it;

4. 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 the agency has no capability of 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 preservation of the record;

f. The government agency shall comply with such request as soon as practicable, and in any case
within fifteen (15) working days from the receipt thereof. The period may be extended whenever
the information requested requires a search of the government agency's field or satellite offices,
examination of voluminous records, the occurrence of fortuitous events, or other analogous cases;

g. The government agency shall, in writing or through electronic means, notify the person making
the request of the extension, setting forth the reasons for such extension and the date when the


information shall be made available, which in no case shall result in an extension of more than
twenty (20) working days; and

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. If the information is not held by the
government agency to which the request was made, it shall notify the requester that it does not
hold the information, and indicate to the requester which agency holds the record, if known,
Whenever practicable, the agency receiving the request may also cause the transfer of the request
to the appropriate agency that holds the Information: Provided, That the period to comply with the
request under this section shall begin to run only upon the receipt of the agency to which the
request is transferred.

Sec. 13. Access and Processing Fees. - Government agencies may charge a reasonable fee which
shall in no case exceed the actual cost of reproduction, copying or transcription and the
communication of the information requested. An agency may waive the fees whenever it is
satisfied that the requester is an indigent, that the cost of reproduction is negligible, or that iti
pursuant to a program for proactive disclosure.

See. 14. Exemption from Compliance. - The government agency is excused from complying
with a subsequent identical or substantially similar request from the same requesting party where
it has previously complied with a request for information unless a reasonable interval has lapsed
between compliance with the previous request and the making of the current request: Provided,
‘That the government agency complies with Section 15 of this Act.

Sec, 15. Notice of Denial. - If the government agency decides to deny the request, in whole or in
shall, as soon as practicable, and in any case within fifteen (15) calendar days from the
receipt of the request, notify the person making the request of such denial in writing or through
electronic means. The notice shall clearly set forth the ground or grounds for denial and the
circumstances on which the denial is based, and indicate available rights of reconsideration or
appeal. Failure to notify the person making the request of the denial, or the extension, shall be
deemed a denial of the request for access to inform:

See. 16, Remedies in Cases of Denial of Request for Information. -
a. In all government agencies other than the judicial branch:

1) Every denial of any request for access to information may be appealed to the person or office
next higher in authority of the same agency, following the procedure mentioned in Section 11 (h)
of this Act: Provided, That the written appeal must be filed by the same person making the request
within fifteen (15) working days from the notice of denial. The appeal shall be decided by the
person or office next higher in authority of the same agency within five (5) working days from the


filing of said written appeal. Failure of the government agency to decide within the aforestated
period shall constitute a denial of the appeal;

2) Upon denial of the appeal with the government agency, the requesting party may file a verified
petition for mandamus in the proper court, alleging the facts with certainty and praying that
judgment be rendered ordering the respondent, immediately or at some other time to be specified
by the court, to disclose the requested information. Unless restrained or enjoined, the decision of
the court shall be immediately executory without prejudice to review in accordance with the Rules
of Court. Any action for administrative and/or criminal liability arising from the same act or
omission, if any, shall be filed with the Office of the Ombudsman.

No damages shall be assessed against the respondent unless it is proven that the respondent acted
with malice, bad faith, or negligence. Subject to the provisions of existing laws and the issuances
of the Supreme Court, all courts shall give preference to the hearing and disposition of petitions
for mandamus filed pursuant to the provisions of this Act. The court hearing the case is empowered
to receive the information subject of a claim of exception under Section 7 herein and examine them
in camera to determine the sufficiency of the factual and legal basis of such claim when such
sufficiency cannot be reasonably determined through evidence and circumstances apart from the
information.

b. In the Jud
Supreme Court.

| Branch, the judiciary shall be governed by such remedies as promulgated by the

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

4. The remedies available under this Act shall be cumulative and subject to the rule of exhaustion
of administrative remedies. The provisions of Republic Act No. 9285, or the Alternative Dispute
Resolution Act of 2004, shall not apply to cases filed pursuant to this section.

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

Sec. 17. Keeping of Records. -

a. Government agencies shall create and/or maintain in appropriate formats, accurate and
reasonably complete documentation or records of their organization, policies, transactions,
decisions, resolutions, enactments, actions, procedures, operations, activities, communications,
and documents received or filed with them and the data generated or collected. These shall include
working files such as drafts or notes, whenever these have been circulated within the agency for
official purposes 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. This likewise includes information submitted by public service contractors to the
government agency concerned such as receipts. Identities of the suppliers, purchase orders, cash
vouchers, related agreements with other private entities, and other documents related to the
execution or the implementation of their transactions or contracts with the government agency
involved;

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 (NAP). In addition, the NAP shall likewise identify
specific and classes of official records that it shall require agencies to preserve and transfer to it.

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

1. Records pertaining to loans obtained or guaranteed by the government;
2, Records of government contracts;

3. The declaration under oath of the SALN of public officers and employees, as required by law;
and

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

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

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

2) A records maintenance, archival, and disposition schedule providing a listing of records under
current use, for retention by the agency, for transfer to the National Archives, or for destruction:
Provided, That destruction of the official records may be implemented only upon approval of the
NAP; and

plementation of

3) A specification of the roles and responsibilities of agency personnel in th
such system and schedule.


e. In addition to its function as a 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 (UPLC) shall in coordination with the Office of the President which has
exclusive editorial and printing jurisdiction over the Official Gazette, and with other relevant
agencies, maintain a database, and publish the same in print in the Official Gazette or in digital or
online form, the following:

1. All laws of the PI
to the present;

ppines and their amendments, from the period of the Philippine Commission

2. All presidential issuances from November 15, 1935, to the present including, but not limited, to
executive orders, presidential proclamations, administrative orders, memorandum circulars,
general orders, and other similar issuances;

3. A database of all appointments and designations made by the President of the Philippines; and
4. Opinions of the Secretary of Justice.

Sec. 18, Publication in the Official Gazette. - For purposes of mandatory disclosure as provided
in Section 8 of this Act, online publication in the Official Gazette website shall be considered
official publication provided there shall be a timestamp in the said document.

For purposes of compliance with Article 2 of the Civil Code of the Philippines, publication of the
following in the online version of the Official Gazette, with the corresponding timestamps on the
document, shall be considered as official publication:

a, All 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;

4d. 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 any newspaper of general circulation for
purposes of compliance with the publication requirement.

Sec. 19. Capacity-Building, Promotion of Best Practices, and Continuous Updating of
Appropriate Information Technology and FOI. - All government agencies must ensure that
they have a compliant website within two (2) years from the date of effectivity of this Act. The


Department of Information and Communications Technology (DICT) shall monitor all
government agency websites and render the appropriate support including capacity-building
programs and coordination with another appropriate agency, utilizing alternative mechanisms and
seeking the assistance of private relevant and willing volunteer groups to ensure full compliance
with the requirements of this Act.

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

The DICT shall be responsible for setting the standards for the file formats to be used by the
political subdivisions of the State. All national and local government agencies including GOCCs
with or without original charter in the publication of government public information in accordance
with the provisions of this Act.

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

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

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

b. The CSC shall provide the necessary training to employees of each government agency in using
plain language in public documents;

c. All departments, agencies, and instrumentalities of the national government, including LGUs,
and SUCs shall designate an official responsible for implementing the plain language: and

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

Sec. 21. Administrative Offenses and Penalties. -

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


1) Refusal to promptly forward the request under Section 12 of this Act to the public officer within
the same office or agency responsible for officially acting on the request when such is the direct,
cause of the failure to disclose the information within the periods required by this Act;

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

3) Refusal to comply with the decision of
release of information;

mediate supervisor, or any court ordering the

4) Approval of policies, rules, and regulations clearly contrary to the provisions of this Act, and
which policies, rules, and regulations are the direct cause of the denial of a request for information;

5) Failure to upload information required to be posted on an agency's website within the period
provided under Section 19: Provided, That the head of agency or any other officer or employee
tasked to perform said uploading shall be held liable.

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

See. 22. Criminal Offenses and Penalties, - The penalty of imprisonment of not less than one (1)
year but not more than six (6) years and a fine ranging from One Hundred Thousand Pesos
(P100,000.00) to One Million Pesos (P1,000,000.00) shall be imposed upon:

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

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

c. Any public officer or employee responsible for officially acting on the request, who shall claim
an exception under Section 7 of this Act, or under the Constitution, when such claim is manifestly
devoid of factual basis;

d. Any individual who divulged or released information covered under Section 7 of this Act;

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


f. The responsible 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.

If the violation committed in this Act is induced and assisted by a private individual or a
corporation, partnership or any kind of judicial entity, the penalty provided herein shall be imposed
on its executive officer and/or other officials responsible therefor: Provided, That they shall suffer,
in addition to the penalties provided herein, the automatic revocation of their license to operate.

Any public official 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 not less than Five hundred thousand pesos
(500,000.00) but not more than One million pesos (P1,000,000.00) or 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 of the Philippines Act.

Sec. 23. Denial in Good Faith Not a Ground for Liability. - A denial in good faith of a request
made pursuant to the provisions of this Act shall not constitute grounds for administrative, civil,
or criminal liability. In cases of denial of the request, the public official, officer, or employee
involved must prove that he/she acted in good faith by specifying the ground relied upon for the
denial.

Sec. 24. Act Not a Bar to Claim of Right to Information Under the Constitution. - No provision
of this Act shall be interpreted as a bar to any claim of the right to information under Article III,
Section 7 of the Constitution.

Sec. 25, Integration of Freedom of Information (FOI) and Good Governance in Elementary
and Secondary Curriculum. - To ensure a well-informed generation of citizens, the right to
information, the principles of accountability and transparency, democracy and leadership, and
good governance shall be integrated with such subjects as Heyograpiya, Kasaysayan at Sibika
(HEKASI), and Araling Panlipunan in the elementary level and such subjects as Social Studies
and Makabayan or its equivalent subjects in high school level. The Department of Education
(DepEd) in coordination with the CSC and other relevant offices shall prepare the necessary
modules and teaching programs consistent with the objectives of this Act.

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


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

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

Sec. 29. Separability Clause. - If any part or provision of this Act is held unconstitutional or
invalid, the remainder thereof not otherwise affected shall remain in full force and effect.

See. 30. Repealing Clause. - Sections 18, 24, and 25 of Executive Order No. 292 in relation to
Article 2 of Republic Act No. 386, Memorandum Circular No. 78 dated 14 August 1964
(Promulgating Rules Governing Security of Classified Matter in Government Offices), as
amended, and Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of
Conduct and Ethical Standards for Public Officials and Employees), are hereby repealed:
Provided, That Memorandum Circular No. 78 shall be deemed repealed after one (1) year from the
effectivity of this Act or upon issuance of the Executive Order in Section 7(a) whichever comes
first.

All other laws, presidential decrees, executive orders, letters of instruction, proclamations, or
‘administrative regulations that are inconsistent with the provisions of this act are hereby repealed,
amended, or modified accordingly.

Sec. 31. Effecti ‘This Act shall take effect after fifteen (15) days following the completion
of its publication in the official gazette, or in a national newspaper of general circulation.

Approved,