SEVENTEENTH CONGRESS OF T H E  
) 
REPUBLIC OF T H E  PHILIPPINES )
First Regular Session 
)
SENATE
S. B. No. 1172
(S iU tt of »ljc>ffTrf.-jrt
'“■’a
'16 SEP 28 PI :36
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INTRODUCED BY SENATOR ANA THERESIA “RISA” HONTIVEROS
BARAQUEL
AN ACT STRENGHTENING THE RIGHT OF CITIZENS TO 
INFORMATION HELD BY THE GOVERNMENT, 
INSTITUTIONALIZING OPEN DATA GOVERNANCE AND FOR
OTHER PURPOSES
EXPLANATORY NO TE
The principles of transparency and accountability are cornerstones of good 
governance. W ithout these core principles, a democracy will not w ork That ‘public 
office is a public trust’will be a lame constitutional maxim that will not resonate with 
citizens demanding access to governmental papers and processes; it will alienate the 
public already suffering from  decades of rampant graft and cormption and the ostensible 
impunity of public officers from  effective forms of redress. The failure to establish an 
open government will be a betrayal of the people as the sovereign power, from  whom all 
political powers supposedly should emanate from.
Consistent with this democratic principle is Article II Section 28 of the 1987 
Philippine Constitution which provides that the State is adopting and implementing a 
policy offull public disclosure of all its transactions involving public interest. Cto the side of 
the citizens is a statement by Article III Section 7 which guarantees the right of the 
people to information on matters of public concern. This right is furthered bolstered by 
Article 19 of the Universal Declaration of Human Rights (UDHR) affirming the right to 
freedom of opinion and expression, which includes the freedom to receive and impart 
information. This is a confirmation that access to information is a prerequisite for 
achieving transparency and accountability in government. In fact, almost all democracies 
have enacted various forms of freedom of information laws. 
It is time we should 
enforce our own policy of full public disclosure and our commitment to good 
governance in this part of the world.
This proposed legislation guarantees the right to information by providing 
access points, procedures for access, and penalties for denial and neglect thereof. It 
will also provide clearly defined exceptions and strict legal presumption against 
government agencies claiming exemption and denying disclosure. This Freedom of 
Information Act also mandates the establishment of Open Data Governance 
compelling government agencies to provide an online platform for all government 
data of public interest.


This measure when enacted into law will be a significant contribution to 
institutionalizing transparency and accountability in our government. It will empower 
our citizens and make our government agencies responsive and effective. It will 
nourish and fortify public participation in policy formulation and implementation. It 
will help our fight against corruption. The passage of this bill is earnestly sought.
ANA T H E R E S IA  “RISA” H O N T IV E R O S BARAQUEL
Senator


SEVENTEENTH CONGRESS OF T H E  
) 
REPUBLIC OF T H E  PHILIPPINES 
)
First Regular Session 
)
SENATE
S. B. No. 1 1 7 2
Q M  
> n i a t r
*16 SEP 28 P1-.36
kt:r
INTRODUCED BY SENATOR ANA THERESIA “RISA” HONTIVEROS
BARAQUEL
AN ACT STRENGHTENING THE RIGHT OF CITIZENS TO 
INFORMATION HELD BY THE GOVERNMENT, 
INSTITUTIONALIZING OPEN DATA GOVERNANCE AND FOR
OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled:
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SECTION. 1. Short Title. - This Act shall be known as the “Freedom of Information J\.ct of
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2016.”
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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 die procedures and 
limitations provided by this Act. This right is indispensable to the exercise of the tight of the 
people and their oiganizations to effective and reasonable participation at all levels of social, 
political and economic decision-making.
SEC. 3. Coverage. - This Act shall cover aU government agencies, to refer to the executive, 
legislative, and judicial branches as well as the constitutional bodies of the Republic of the 
Philippines, including the national government and all its agencies, departments, bureaus, 
offices and instmmentalities, constitutional commissions and constitutionally mandated 
bodies, local governments and all their agencies, regulatory agencies, chartered mstitutions, 
government-owned or -controlled corporations, including wholly-owned or controlled 
subsidiaries, government financial institutions, state universities and colleges, the Armed 
Forces of the Philippines, the Philippine National Police, all offices in the Congress of the 
Philippines including the offices of Senators and Representatives, the Supreme Court and all 
lower courts established bylaw.
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SEC. 4. Definition of Terms. - As used in this Act:
a. Dataset refers to an organized collection of data in a variety of forms, including 
tabular, geospatial, or image data files.
b. InformationYtitrs to data that have been processed into a record, document, paper.


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report, letter, contract, minutes and transcripts of official meetings, maps, books, 
photographs, data, research materials, in whatever form, or films, audio and video 
recordings, magnetic or other tapes, electronic data, in whatever format, which are 
made, received or kept in or under the control and custody of any government 
agency pursuant to law, executive order, rules and regulations, ordinance, or in 
connection with the performance or transaction of official business by any 
government agency.
c. Machine-readable refers to formats that allow data to be extracted and processed by 
computer programs.
d. Official record refers to information produced or received by a public officer or 
employee, or by a government agency in an official capacity or pursuant to a 
public function or duty. This shall not refer to the stage or status of the 
information.
e.
Open format refers to one that is platform independent, machine readable, and 
made available to the public without restrictions that would impede the re-use of 
that information.
f. Public record refers to information required by law, executive orders, rules, or 
regulations to be entered, kept, and made publicly available by a government 
agency.
SEC. 5. Access to Information. - Every person who is a Filipino citizen has a right to and 
shall, on request, be given access to any record under the control of a government agency. 
Government agencies and public officialsshall have the duty to disclose and make available 
for scrutiny, copying, and reproduction in the manner provided by this Act, all information 
pertaining to official acts, transactions, or decisions as well as government research data used 
as a basis for policy development, subject to the exceptions enumerated under Section 7 of 
this Act, regardless of their physical form or format in which they are contained and by 
whom they were made.
SEC. 6. Presumption. - There shall be a legal presumption in favor of access to 
information. The request for information may be denied only if it clearly falls under the 
exceptions provided under this Act. Accordingly, government agencies shall have the burden 
of proving that the information requested is exempted from disclosure.
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SEC . 7. Exceptions. - Access to information shall be granted unless:
a.
the information is specifically authorized to be kept secret under guidelines 
established by an executive order, and properly classified pursuant thereto: 
Provided, That 1) The information directly relates to national security or defense 
and its revelation may cause grave damage to the national security or internal and 
external defense of the State; or 2) The information requested pertains to the 
foreign affairs of the Republic of the Phihppines, 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 
Phihppines with one or more States: and provided further, That the executive order 
shall specify the reasonable period after which the information shall be 
automatically declassified or be subject to mandatory declassification review, and 
Aat any reasonable doubt as to classification and declassification shall be settled 
in favor of the right to information;


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c.
the information consists of records of minutes and advice given and opinions 
expressed during decision-making or policy formulation, invoked by the Chief 
Executive to be privileged by reason of the impairment of the Chief Executive’s 
deliberative process that would result from the disclosure thereof. Once policy 
has been formulated and decisions made, minutes and research data may be made 
available for disclosure unless they were made in executive session;
the information requested consists of drafts of the following: orders, resolutions, 
decisions, memoranda or audit reports by any executive, administrative, 
regulatory, constimtional, judicial or quasi-judicial body in the exercise of their 
adjudicatory and/or audit function;
d. the information requested is obtained by any committee of either House of 
Congress in executive session;
e. the information requested pertains to trade secrets and commercial or financial 
information or intellectual property obtained from a natural or juridical person 
other than the requesting party, whenever the revelation thereof would seriously 
prejudice the interests of such natural or juridical person in trade, industrial, 
financial or commercial competition;
f. the information is classified as privileged communications in legal proceedings by 
law or by the Rules of Court, unless the person entitled to the privilege has 
waived it;
g. the information requested is exempted by law or the Constimtion, in addition to 
those provided in this section;
h. when prematurely disclosed, the information, would, in the case of a government 
agency that regulates or deals with the commodities markets, currencies, interest 
rates, securities, or financial institutions, likely lead to fraud, manipulation, or 
other unlawful acts or schemes involving currencies, interest rates, securities, or, 
in the case of other government agencies, likely frustrate the effective 
implementation of a proposed official action: Provided, That the information shall 
be accessible once the anticipated danger has ceased.
i. 
the information has already been made accessible as provided for in Section 12.
For paragraphs (c) to (k) of this section, the determination whether any of these grounds 
shall apply 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 to the Exceptions. -
a.
b.
c.
The exceptions in the preceding section shall be strictly constmed;
The exceptions cannot be invoked to cover-up a crime, wrongdoing, graft, or 
corruption;
Whenever the information covered by an exception may be reasonably severed 
from a record, the record shall be released with the exempt mformation redacted, 
or the informatron not covered by the exceptron shall otherwise be 
commumcated to the requesting party;


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The President, the Supreme Court, the Senate, the House of Representatives, and 
the Constitutional Commissions may waive an exception with respect to 
information in the custody of offices under their respective supervision or 
control, when they deem that there is an overriding public interest in disclosure; 
and
The exceptions do not constitute authority to withhold information from 
Congress, nor authority for the executive branch of a local government unit to 
withhold information from the legislative body of such local government unit.
SEC. 9. Mandatory Disclosure of Information. -
e.
a.
b.
In fulfillment of Article XI, Section 17 of the Constitution and subject to Section 5 
and Section 7 (f) of this Act, the websites of their respective offices shall provide to 
the public, the Statement of Assets, Liabilities, and Net worth (SALN) on an annual 
basis of the following national officials:
1. the President;
2. the Vice- President;
3. the Members of the Cabinet;
4. the Members of the Senate and the House of Representatives;
5. the Justices of the Supreme Court;
6. the Commissioners of the Constitutional Commissions and other constitutional 
offices; and
7. the officers of the Armed Forces with the rank of general or the equivalent flag 
rank
All agencies of all branches of government shall publish in their websites and update 
on a monthly basis, a register containing the following information:
1.
2.
Freedom of Information Manual in fuU;
Rules of Procedure, descriptions of forms available or the places at which forms 
may be obtained, and instmctions as to the scope and contents of all papers, 
reports, or examinations;
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;
4. Public interest documents or records, including:
3.
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iii.
iv.
VI.
vii.
viii. 
ix.
X.
XI.
XU.
Annual Budget of Government Agencies 
Itemized Monthly Collections and Disbursement 
Summary of Income and Expenditures
Component of the Internal Avenue Allotment (IRA) Utilization 
Annual Procurement Plan and Procurement List 
Items for Bidding
Bid Results on Civil Works, and Goods and Services 
Abstract of Bids, as Calculated
Procurement contracts entered into by a government agency 
Constmction or concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity. 
Private sector participation agreements or contracts in infrastmcture 
and development projects under Republic Act No. 6957, otherwise 
known as the Phihppine BOT Law, as amended by Republic Act No. 
7718;
Public funding extended to any private entity


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xm.
XIV.
XV.
XVI.
Bilateral or multilateral agreements and treaties in trade, economic 
partnership, 
investments, 
cooperation 
and 
similar 
binding 
commitments;
List of persons or entities who were granted licenses, permits or 
agreements for the extraction and/or utilization of natural resources 
given by any government agency.
Statement of Assets and Liabilities of the public officers of the 
government agency, and
Guarantees given by any government agency to government-owned or 
-controlled corporations and to private corporations, persons or 
entities.
The register shall contain a brief description of the transaction involved, including the 
nature and object of the transaction, the parties and amounts involved, the key steps 
undertaken towards its conclusion, and the relevant dates: Provided, That contracts and 
agreements involving an amount of at least Fifty Million Pesos (P50,000,000.00) shall 
be published in full in the website of the concerned government agency or the 
Official Gazette Online, subject to the succeeding section. A covered record shall be 
published in the website not later than thirty (30) working days from its perfection or 
issuance.
All government agencies shall, over time, endeavor to build their capacity and 
practice to publish in full all other contracts, agreements, or treaties covered under 
this Section, specially those that are of the highest public interest by reason of the 
amounts involved and the impact of the transaction to the public. All government 
agencies must ensure that they have a compliant website within two (2) years from 
the effectivityof this Act.
Should an agency lack the capacity to comply with the website publication 
requirement of this Section, the agency shall initiate a capacity-building program, 
coordinate with another appropriate agency, or use an alternative mechanism, to 
facilitate substantive compliance not later than three (3) years from the effectivity of 
this Act.
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SEC. 10. Promotion of Openness in Government. -
a. Duty to Publish Information -  In conjunction with Republic Act 9485, or the Anti- 
Red Tape Act of 2007, government agencies shall regularly publish, print and 
disseminate at no cost to the public, in an accessible form, and through their website, 
timely, tme, accurate and updated key information, including:
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a description of its mandate, stmcture, powers, functions, duties and decision­
making processes;
a description of the frontline services it delivers and the procedure and length of 
time by which they may be availed of;
the names of its key officials, their powers, functions and responsibilities, and 
their profiles and curriculum vitae;
work programs, development plans, investment plans, projects, performance 
targets and accomplishments, and budgets, revenue allotments and expenditures; 
important rules and regulations, orders or decisions: Provided, That they be 
published within fifteen (15) calendar days from promulgation; 
datasets generated in the implementation of agency mandates, programs, 
activities, and projects such as statistics, figures, and geospatial data; 
current and important database and statistics that it generates;


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8.
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bidding processes and requirements; and
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.
SEC. 11. Capacity-Building, Promotion of Best Practices, and Continuous Updating 
of Appropriate Use of Information Technology. - All government agencies shall 
establish, operate, and maintain a website with features that are compliant with all the 
provisions of this Act, within two (2) years from the effectivity of this Act.
Every government agency shall ensure the provision of adequate training for its officials and 
employees to improve awareness of the people’s right to information on matters of public 
concern and the provisions of this Act. Similarly, aU government agencies shall endeavor to 
study and adopt best practices in relation to information disclosure, records maintenance, 
and archiving.
The National Computer Center shall monitor all government agency websites and provide 
appropriate support for their development and ensure full compliance with the requirements 
of this Act.
SEC. 12. Exemption from Compliance. - The government agency shall be excused from 
complying with a subsequent identical or substantially similar request from the same 
requesting party where it has previously complied with a request for information unless a 
reasonable interval has lapsed between compliance with the previous request and the making 
of the current request: Provided, Thatthe government agency, in denying the request, complies 
with Section 20 of this Act.
SEC. 13. Additional Protection of Privacy. - While providing for access to information 
in public records, this Act also affords full protection of the right to privacy of individuals, as 
follows:
a.
b.
c.
a government agency must ensure that personal information in its custody or under 
its control is disclosed only as permitted under this Act;
a government agency must protect personal information in its custody or under its 
control by makmg reasonable security arrangements against such risks as 
unauthorized access, collection, use, disclosure, or disposal;
an employee, officer or director of a government agency who has access, whether 
authorized or unauthorized, to personal information in the custody of the agency, 
must not disclose that information except as authorized under this Act.
SEC. 14. Administrative Liability. - It shall be tantamount to gross neglect of duty and 
shall as a ground for administrative and disciplinary sanction against any public official or 
employee who willfully and knowingly commits the following acts:
a. refusal to promptly forward the request under Section 18 of this Act to the public 
officer within the same office or agency responsible for officially acting on the 
request when such is the direct cause of the failure to disclose the information within 
the periods required by this Act;
b. failure to act on the request within the periods required by this Act;


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c. claim an exception under Section 7 of this Act when the claim is manifestly devoid of 
factual or legal basis;
d. refusal to comply with the decision of unmediate supervisor, the Ombudsman, or of 
any court ordering the release of information;
e. approval of policies, rules and regulations manifestly contraiy to the provisions of 
this Act, and which policies, rules and regulations are the direct cause of the denial of 
a request for information.
SEC. 15. Criminal Liability. —
a. The following acts shall be subject to the penalty of imprisonment of not less than 
one (1) month but not more than six (6) months, with the accessory penalty of 
dismissal from service:
1.
2.
falsely denying or concealing the existence of information mandated for 
disclosure under this Act; and
destroying, or causing to be destroyed, information and/or documents being 
requested under this Act, for the purpose of frustrating the requesting part/s 
access thereto.
b.
Any private individual who knowingly induces or causes the commission of the 
foregoing acts shall be liable as principal by inducement in the prosecution of public 
officials or employees under this section.
c. The acts under paragraph (a) of this Section, if proven in an administrative 
proceeding, shall be subject to the penalty of dismissal, even if no criininal 
prosecution is instituted against the person found liable.
SEC 16. Denial in Good Faith Not a Ground for Liability. -  A denial in good faith of a 
request for access to information made pursuant to the provisions of this Act shall not 
constitute grounds for administrative or criininal liability.
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SEC. 17. Freedom of Information (FOI) Manual. -
a. For the effective implementation of this Act, all government agencies shall prepare a 
Freedom of Information (FOI) Manual, setting forth the following:
1. 
the location and contact information of the head, regional, provincial and field 
offices of the agency, and other established places where the public can obtain 
information or submit requests;
the types of information it generates, produces, holds and/or publishes; 
a description of its record-keeping system;
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;
the standard forms for the submission of request and for the proper 
acknowledgement of the request;
the process for the disposition of the request, including the routing of the 
request to the person or office with the duty to act on the request and the
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3.
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10.
11.
decision-making process for the grant or denial of the request;
the procedure for the administrative appeal of any denial for access to
information;
the schedule of service or processing fees pertinent to a request for information; 
the process and procedure for the mandatory disclosure of information under 
Section 9 of this Act: Provided, That, should the agency lack the capacity to 
comply with Section 9 of this Act, a brief description of its plan to facilitate 
compliance within three (3) years from the approval of this Act; and 
such other information, taking into consideration the unique characteristics of 
the agency, that will help facilitate the effective implementation of this Act.
b. The FOI Manual shall also be posted in the agency website and a hard copy shall be 
available at the agency reception area for use by the public;
c. In no case shall the absence of the aforementioned FOI Manual be a reason for the 
denial of any request for information made in accordance with this Act.
d. The heads of each of the departments and agencies may designate liaison units or 
committees which shall coordinate with the other units of the agency in 
implementing this Act. The composition, functions, and duties of these liaison units 
or committees shall be included in the FOI Manual.
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SEC. 18. Procedure of Access. -
a. Any person who wishes to obtain information shall submit, free of charge, a request 
to the government agency concerned personally, by mail, or through electronic 
means. A person who is unable, because of illiteracy or disability, to make a written 
request for information may make an oral request instead. The public officer who 
receives the oral request shall reduce it to writing, indicating therein one’s name and 
position within the government agency, and give a copy thereof to the person who 
made the request. The request shall state the name and preferred contact information 
of the requesting party, and reasonably describe the information required, the reason 
for the request of 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 the request is contrary to law. If the request is 
submitted personally, the requesting party shall show a current identification 
document issued by any government agency, or government or private employer or 
school, or a community tax certificate. If the request is submitted by mail or through 
electronic means, the requesting party may submit a photostatic or electronically 
scanned copy of the identification, or other convenient means as determined by the 
agency.
b. The public official receiving the request shall provide reasonable assistance, free of 
chaise, to enable all requesting parties and particularly those with special needs, to 
comply with the requirements under this Section.
c. The request shall be duly received by the concerned government agency, which shall 
forthwith indicate the date and time of receipt and the name, rank, title and position 
of the receiving public officer or employee who shall likewise affix one’s signature 
thereon, and shall furnish the requesting party a copy thereof. In case the request is 
submitted by electronic means, the government agency shall provide for an 
equivalent means by which the requirements of this paragraph shall be met. Each 
government agency shall establish a system by which the status of all requests for
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information received by it may be verified at anytime.
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d. The request may indicate the requesting party’s preferred mode and means of 
receiving the information requested, provided that the mode and means are 
reasonable, taking into consideration equipment normally available to the concerned 
government agency.
e.
f.
A government agency may communicate the information requested in a form other 
than the preferred means whenever such preferred means would unreasonably 
interfere with the effective operation of the agency, or if the agency has no capability 
in communicating the information in the preferred format, or when the preferred 
format maybe detrimental to the preservation of the record.
The government agency shall comply with the request as soon as practicable and, in 
any case, within fifteen (15) working days from the receipt thereof. The period may 
be extended whenever the information requested requires a search of the government 
agency's field or satellite offices, examination of voluminous records, the occurrence 
of fortuitous events or other analogous cases.
g. The government agency shall, in writing or through electronic means, notify the 
person making the request of the extension, setting forth the reasons for such 
extension and the date when the information shall be made available, which in no 
case shall result in an extension of more than twenty (20) working days.
h. Once a decision is made to grant the request, the person making the request shall be 
notified of such and shall pay the required access and processing fees.
i. If the information is not held by the government agency from which the request was 
made, it shall notify the requesting party that it does not hold the information and 
indicate which agency holds the record, if known. Whenever practicable, the agency 
receiving the request may also cause the transfer of the request to the appropriate 
agency that holds the information: Provided, That the period to comply with the 
request under this Section shall begin to run only upon the receipt of the agency to 
which the request is transferred.
SEC. 19. Access und Processing Fees. - Government agencies may charge a reasonable fee 
to reimburse the actual cost of reproduction, copying or transcription, and the 
commumcation of the information requested. An agency may waive the fees whenever it is 
satisfied that the requester is an indigent, or that the cost of reproduction is negligible, or 
that it is pursuant to a program for proactive disclosure.
SEC. 20. Notice of Denial. - If the government agency decides to deny the request, in 
whole or in part, it shall, as soon as practicable, and in any case within fifteen (15) working 
days from the receipt of the request, notify the person making the request of such denial in 
writing or through electronic means. The notice shall indicate the name, rank, title or 
position of the person making the denial, clearly set forth the 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 of 
the extension, shall be deemed a denial of the request for access to information.
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SEC. 21. Remedies in Cases of Denial. —
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a. In all government agencies other than the judicial branch -
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A denial of a request for access to information may be appealed to the Head of 
Agency, following the procedure required under Section 17 (a) (8) of this Act: 
Provided, That the appeal must be filed within fifteen (15) calendar days from the 
receipt of the notice of denial and must be decided within fifteen (15) calendar 
days from filing. Failure to resolve the appeal within the aforementioned period 
shall constitute a denial of the appeal.
A person denied access to information may file a verified complaint with the 
Office of the Ombudsman, praying that the government agency concerned be 
directed to immediately afford access to the information being requested. The 
Office of the Ombudsman shall promulgate its special rules of procedure for 
the immediate disposition of complaints filed pursuant to this Section, Unless 
restrained or enjoined, the decision of the Office of the Ombudsman shall be 
immediately executory, without prejudice to review in accordance with the Rules 
of Q)urt.
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A party whose request for information has been denied, whether or not such 
decision has been appealed to the head of an agency, may file a verified petition 
for rnandamus 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 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.
In resolving a complaint or petition brought under paragraphs (2) and (3) hereof, the 
Ombudsman or the court is empowered to receive the information subject of a claim 
of exception under Section 7 herein, and to examine them in camera to determine the 
sufficiency of the factual and legal basis of such claim, when the sufficiency carmot be 
reasonably determined through evidence and circumstances apart from the 
information.
b. In the Judicial Branch - The Judiciary shall be governed by remedies as promulgated 
by the Supreme Court.
The remedies under this section shall be sought or granted without prejudice to any other 
administrative, civil or cnrninal action covering the same act.
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.
In case the requesting party has limited or no financial capacity, the Public Attorney’s Office 
is mandated to provide legal assistance to the requesting party in availing of the remedies 
provided under this Act.
SEC. 22. Keeping of Records. -
a. Government agencies shall create and maintain in appropriate formats, accurate and 
reasonably complete documentation or records of their organization, policies, 
transactions, decisions, resolutions, enactments, actions, procedures, operations, 
activities, commumcations and documents received or filed with them and the data 
generated or collected. These shall include working files such as drafts or notes, 
whenever these have been circulated within the agency for official purpose such as
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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;
Government agencies, in coordination with the National Archives of the Philippines, 
shall identify specific and classes of official records in their custody or control that 
have continuing historical, administrative, informational, legal, evidentiary, or 
research value, for preservation by such agencies or their legitimate successors, or for 
proper documentation if and when the records are transferred to the National 
Archives of the Philippines.
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:
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records pertaining to loans obtained or guaranteed by the government; 
records of government contracts involving amounts Fifty Million Pesos (Php 
50,000.00) or more, or related to infrastmcture, public and private partnerships, 
utilities, or other important projects;
the original Declarations under oath of the assets, liabilities and net worth of 
public officers and employees submitted to the Office of the Ombudsman, as 
required by law, and
records of official investigations pertaining to allegations of graft and corruption 
of public officers.
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Government agencies shall prepare, according to the standards set in and within the 
period mandated by Republic Act No. 9470 or the National Archives of the 
Philippines Act of 2007, a records management program that includes the following:
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; 
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 destmction: Provided, That destruction of the official 
records may be implemented only upon approval of the National Archives of 
the Philippines; and
identification of the specific roles and responsibilities of agency personnel in 
the implementation of such system and schedule.
In addition to its function as repository of all rules and regulations issued by agencies 
as provided under Book VII, Chapter II of the Administrative Code of 1987, the 
University of the Philippines Law Center shall, in coordination with the Office of the 
President which has exclusive editorial and printing jurisdiction over the Official 
Gazette, and with other relevant agencies, maintain a database, and publish in the 
Official Gazette or in digital or online form, the following:
3.
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all laws of the Phihppines and their amendments, from the period of the 
Philippine Commission to the present;
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; 
a database of all appointments and designations made by the President of the 
Philippines; and
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opinions rendered by the Secretary of Justice.
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SEC 23. Publication in the Official Gazette. - For purposes of mandatory disclosure as 
provided in Section 9 of this Act, the publication in the Official Gazette website shall be 
considered official publication provided there shall be a timestamp in the said document.
For purposes of compliance with Article 2 of the Gvil 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:
All important legislative acts and resolutions of a public nature of the Congress of the 
Philippines;
All executive and adrriinistrative orders and proclamations of general application; 
Decisions or abstracts of decisions of the Supreme Court and the Court of Appeals 
or other courts of srmilar rank, as may be deemed by said courts of sufficient 
importance to be so published;
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.
Hamper, other documents or classes of documents as may be required to be published by 
law, such as petitions and/or legal notices in connection with land titles, naturalization or 
special proceedings shall continue to be published in the print version of the Official 
Gazette or in any newspaper of general circulation for purposes of compliance with the 
publication requirement.
SEC 2^. 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 imder Article III, Section 7 of the 1987 Constitution.
SEC. 25. Publication of Government Data in the Open Data Philippines Website. - 
For purposes of enhancing the public's access to government information and abiding by the 
Phihppines international commrtments to transparency and government openness, all 
government agencies shall publish in the Open Data Phihppines website, datasets generated 
in the implementation of agency mandates, programs, activities, and projects. These datasets 
shall be updated, whenever permissible, at least once in every quarter of every year.
The Open Data website shall be maintained and administered by an Open Data Task Force 
urider the Office of the President, or any such similar body designated by the President for 
this purpose.
For the purpose of making government data more accessible to the pubhc, all datasets 
published on the Open Data Phihppines website and on LGU websites as mandated in 
Section 9 of this Act shall be, whenever practicable, of a machine-readable and open format.
SEC. 26. Tracking Requests for Information. - Websites of government agencies shall 
contain a matrix of requests made, their status, and the decision regarding the request. The 
matrix shall also contain links to uploaded information from approved requests. In such 
cases where requests are denied, the matrix shall contain the reasons for denial and the status 
of the appeal if such is done.
SEC. 27. Release to One, Release to All. -  For purposes of streamlining requests for 
mformation, once an informatron has been made available to an mdrvrdual through a request 
for information, the said dataset shall also be published in an appropriate website such as.
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but not limited to, the Open Data Philippines website, Official Gazette website. 
Departmental website, or Local Government website thus allowing the public access to all 
information that has been requested.
SEC 28. Integration of Freedom of Information (FOI) and Good Governance In 
Elementary and Secondary Curriculum. - To ensure well-informed generations of 
citizens, the right to information, the principles of accountability and transparency, 
democracy and leadership, and good governance shall be integrated in such subjects as 
Heyograpiya, Kasaysayan at Sibika (HEKASI) and AralingPanlipunan in the elementary level 
and in such subjects as Social Studies and Makabayan or its equivalent subjects in high 
school level. The Department of Education, in coordination with the Qvil Service 
Commission and other relevant offices, shall prepare the necessary modules and teaching 
programs consistent with the objectives of this Act.
SEC 29. Annual Reports on Actions Taken on Requests for Access to Information. - 
All government agencies shall prepare, for each fiscal year, a report on the number of 
requests for information they received, processed, granted and denied; of appeals made from 
denials of such requests; and of pending court actions they are a party to as result of such 
requests. These reports maybe integrated in the mam annual reports of government agencies 
and may be posted and published in their respective websites.
SEC. 30. Appropriations. - The amount necessaiy to carry out the provisions of this Act 
shall be chained against those authorized in the current and subsequent General 
Appropriations Acts.
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SEC 31. Separability Clause. - If any provision of this Act is declared unconstitutional,
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SEC 32. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, 
issuances or any part thereof inconsistent with the provisions of this Act, including Sections 
18 on Operation and Effect of Laws, 24 and 25 on the Contents, Editing and Publications of 
the Ctfficial Gazette, Book I, of Executive Order No. 292 or the Administrative Code of 
1987 in relation to Article 2 on Effect and Application of Laws of Republic Act No. 386 or 
the Civil Code, Memorandum Circular No. 78 dated 14 August 1964 (Promulgatmg Rules 
Governing Security of Qassified 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: 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).
~ This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in a newspaper of general circulation.
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Approved,
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