• 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No. 
1440 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
The right to information is a constitutionally protected right under Article III, 
Section 7 of the Constitution, which provides: 
"The right of the people to information on matters of public concern 
shall be recognized. Access to official records, and to documents, and 
papers pertaining to official acts, transactions, or decisions, as well as 
to government research data used as basis for policy development, 
shall be afforded the citizen, subject to limitations as may be provided 
by law." 
Despite this Constitutional guarantee and its affirmation in a number of 
Supreme Court decisions,· we are aware of the wanton violation by many 
government agencies of the right of Filipinos to access information of public interest 
and concern. 
A key problem is lack of legislation. While the Supreme Court has upheld the 
enforceability of the constitutional right to information, its effective implementation 
has for the past two decades suffered from the lack of the necessary substantive and 
procedural details that only Congress can provide. As the Supreme Court lamented 
in Chavez v. NHA (G.R. No. 164527; August 15,2007): 
"It is unfortunate, however, that after almost twenty (20) years from 
birth of the 1987 Constitution, there is still no enabling law that 
provides the mechanics for the compulsory duty of government 
agencies to disclose information on government transactions. 
Hopefully, the desired enabling law will finally see the light of day 
when Congress decides to approve the proposed "Freedom of Access 
to'Information Act." 
. This bill fulfills the long overdue legislative obligation of Congress by putting 
in place the following major features: 
• 
An expansive scope in terms of government agencies as well as information 
covered. A narrow list of exceptions circumscribed by clearly stated public 
harm that we wish to avoid in withholding certain information; 
• 
An opportunity and the right for citizens to counterbalance and override a 
recognized exception when there is greater public interest in information 
disclosure. 
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A clear, uniform and speedy procedure for access to information; 
• 
A provision implementing automatic disclosure of transactions of public 
concern as required by Section 28, Article II of the constitution; 
• 
A system of accessible and speedy remedies for a citizen whose access to 
information has been denied; . 
• 
The institution of mechanisms to promote a culture of openness within 
government; and 
• The introduction of clear administrative, criminal and civil liability for the 
violation of the right to information. 
Freedom of information is an essential prerequisite for a modern democracy. 
It is a key foundation to the effective exercise of cognate rights such as the freedoms 
of speech, of the press, and of expression, as well as the right of the people and their 
organizations to effective and reasonable participation at all levels of social, political, 
and economic decision-making. Transparency in the public sector enables our 
people to engage in meaningful participation, promotes accountability, and 
mitigates corruption, which has long been a major obstacle to our country's 
development 
In view of the foregoing, early passage of this bill is therefore, earnestly 
sought 
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~~~---::~~-~-;::::> 
---- LOREN'i"EGARDA 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B.No. 1440 
Introduced by Senator Loren Legarda 
AN ACT 
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON 
MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, 
ARTICLE THREE OF THE 1987 CONSTITUTION AND THE STATE POLICY OF 
FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING 
PUBLIC INTEREST UNDER SECTION TWENTY EIGHT, ARTICLE 1WO OF 
THE 1987 CONSTITUTION, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Title. - This Act shall be known as the "Freedom of Information 
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Act of 2010." 
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SEC. 2. Declarations of Policy. - The State recognizes the right of the people 
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to information on matters of public concern, and adopts and implements a policy of 
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full public disclosure of all its transactions involving public interest, subject to the 
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procedures and limitations provided by this Act. This right is indispensable to the 
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exercise of the right of the people and their organizations to effective and reasonable 
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participation at all levels of social, political and economic decision-making. 
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. SEC. 3. Coverage. - This Act shall cover all government agencies as defined 
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under Section 4 of this Act. 
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SEC. 4. Definition of Tenns. - As used in this Act: 
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a. "Information" shall mean any knowledge, record, document, paper, report, 
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letters, contract, minutes and transcripts of official meetings, maps, books, 
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photographs, data, research material, film, sound and video recordings, 
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magnetic or other tapes, electronic data, computer stored data, or any other 
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like or similar data or material recorded, stored or archived in whatever form 
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or format, which are made, received or kept in or under the control and 
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custody of my government agency pursuant to law, executive order, rules 
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and regulations, ordinance or in connection with the performance or 
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transaction of official business by any government agency. 
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b. "Government agency" shall include the executive, legislative and judicial 
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branches as well as the constitutional bodies of the Republic of the 
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Philippines including, hut not limited to, the national government and all its 
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agencies, departments, bureaus, offices and instrumentalities, constitutional 
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commissions and constitutionally mandated bodies, local governments and 
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all their agencies, regulatory agencies, chartered institutions, government-
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owned or controlled corporations, including wholly-owned or controlled 
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subsidiaries, government financial institutions, state universities and colleges, 
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. the Armed Forces of the Philippines, the Philippine National Police, all offices 
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in the Congress or the Philippines including the offices of Senators and 
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Representatives, the Supreme Court and all lower courts established by law. 
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c. "Official records" shall refer to informiltion produced or received by a public 
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officer or employee, or by a government agency in an official capacity or 
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pursuant to a public function or duty, and is not meant to he a stage or status 
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of the information. 
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d. "Public records" shall include information required by law, executive orders, 
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rules, or regulations to be entered, kept and made publicly available by a 
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government agency. 
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SEC. 5. Presumption. - There shall be a legal pre~umption in favor of access to 
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information. Accordingly, government agencies shall have the burden of proof of 
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showing by clear and convincing evidence that the information requested is 
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exempted from disclosure by this Act. 
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SEC. 6. Access to Information. - Government agencies shall make available to 
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the public for scrutiny, copying and reproduction in the manner provided by this 
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Act, all information pertaining to official acts, transactions or decisions, as well as 
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government research data used as basis for policy development, regardless of their 
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physical form or format in which they are contained and by whom they were made. 
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SEC. 7. Exceptions. - Subject to the qualifications set forth in Section 8 of this 
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Act, access to information may be denied when: 
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a. The revelation of the information requested will create a clear and present 
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danger of war, invasion or any external threat to the State as determined by 
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the Office of the President and! or the Secretary of the Department of 
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National Defense; 
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b. The information requested pertains to the foreign affairs of the Republic of 
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the Philippines, when its revelation would unduly weaken the negotiating 
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position of the government in an ongoing bilateral or multilateral negotiation 
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' or seriously jeopardize the diplomatic relations of the Philippines with one or 
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more states with which it intends to keep friendly relations; 
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c. The information requested pertains to internal and external defense and law 
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enforcement, when the revelation thereof would render a legitimate military 
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operation ineffective, unduly compromise the prevention, detection or 
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suppression of a criminal activity, or endanger the life or physical safety of 
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confidential or protected sources or witnesses, law enforcement and military 
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personnel or their immediate families. Information relating to the details of 
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the administration, budget and expenditure, and management of the defense 
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and law enforcement agencies shall always be accessible to the public; 
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d. The information requested pertains to the personal information of a natural 
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person other than the requesting party, and its disclosure would constitute a 
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clearly unwarranted invasion of his or her personal privacy, unless it forms 
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part of a public record, or the person is or was an official of a government 
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agency and the information requested relates to his or her public function, or 
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the person has consented to the disclosure of the requested' information; 
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e. The information requested pertains to trade, industrial, financial or 
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commercial secrets of a natural or juridical person other than the requesting 
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party, obtained in confidence by, and! or filed with a government agency, 
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whenever the revelation thereof would seriously prejudice the interests of 
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such natural or juridical person in trade, industrial, financial or commercial 
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competition, unless such natural or juridical person has consented to the 
disclosure of the requested information; 
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f. 
The information requested is privileged from production in legal proceedings 
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by law or by the Rules or Court, unless the person entitled to the privilege has 
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waived it; 
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g. The information requested is exempted by law, in addition to those provided 
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in 'this Section; 
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h. The information requested is obtained by any committee of either House of 
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Congress in executive session, whenever such information falls under any of 
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the foregoing exceptions; and 
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i. The information requested consists of drafts of decisions' by any executive, 
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administrative, judicial or quasi-judicial body in the exercise of their 
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adjudicatory functions whenever the revelation thereof would reasonably 
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tend to impair the impartiality of verdicts, or otherwise obstruct the 
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administration of justice. 
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SEC. 8. Qualifications. - Even if the information requested falls under the 
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exceptions set forth in the preceding section, access to information shall not be 
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denied if: 
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a. The information requested may be reasonably severed from the body of the 
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information, which would be subject to the exceptions; 
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b. The public interest in the disclosure outweighs the harm to the interest 
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sought to be protected by the exceptions; or 
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c. The requesting party is either House of Congress, or any of its Committees, 
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unless the disclosure will constitute a violation of the Constitution. 
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SEC. 9. Procedure of Access. - (a) Any person who wishes to obtain 
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information shall submit a request to the government agency concerned personally, 
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by rna!!, or through electronic means. The request shall state the name and preferred 
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contact information of the requesting party, and reasonably describe the information 
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required, the reason for the request of the information and the preferred means by 
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which the government agency shall communicate such requested information to the 
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requesting party: Provided, that the staled reason, or the failure to state the reason for 
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the request of the information, shall not be used as a ground to deny the request or 
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to refuse the acceptance of the request, unless such reason is contrary to law. If the 
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request is submitted personally, the requesting party shall show his current 
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identification card issued by any government agency, or government or private 
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employer or school, or a community tax certificate. If the request is submitted by 
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mail or through electronic means, the requesting party may submit a photostatic or 
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electronically scanned copy of the identification, or other convenient means as 
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determined by the agency. 
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(b) 
The request shall be stamped by the government agency, indicating 
the date and time of receipt and the name, rank, title and position of the receiving 
public officer or employee with the corresponding signature, and a copy thereof 
furnished to the requesting party. In case the request is submitted by electronic 
means, the government agency shall provide for an equivalent means by which the 
requirements of this paragraph shall be met. 
, 
. (c) 
The request may indicate the following preferred means of 
communication: 
1) A true copy of the information requested in permanent or other 
form; 
2) An opportunity to inspect the requested information, using 
equipment normally available to the government agency when necessary; 
3) An opportunity to copy the requested information using personal 
equipment; 
4) A written transcript of the information requested contained in an 
audio or visual form; 
5) A transcript of the content of the information requested, in print, 
sound or visual form, where such transcript is capable of being produced 
using equipment normally available to the government agency; 
6) A transcript of the requested information from shorthand or 
codified form; or 
7) Other reasonable means or format. 
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(d) 
A government agency may communicate the information requested in 
a form other than the preferred means whenever such preferred means would 
unreasonably interfere with the effective operation of the agency, or be detrimental 
to the preservation of the record. 
, 
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. (e) 
The government agency shall comply with such request within seven 
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(7) calendar days from the receipt thereof. 
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(f) 
The time limits prescribed in this Section for the production of the 
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requested information may be extended whenever there is a need for any of the 
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following: 
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1) To search for and collect the requested information from field 
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facilities or other establishments that are separate from the office processing 
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the request; 
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2) To search for, collect and appropriately examine a voluminous 
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amount of separate and distinct information, which are demanded in a single 
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request; 
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3) Consultation, which shall be conducted in all practicable speed, 
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with another government agency or among two '(2) or more components of 
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the government agency having substantial interest in the determination of the 
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request; and 
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4) To consider fortuitous events or other events due to force majeure or 
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other analogous cases. 
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(g) 
The government agency shall, in writing or through electronic means, 
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notify the person making the request of the extension, setting forth the reasons for 
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such extension and the date when the information requested shall be made 
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available: Provided, that no such notice shall specify a date that would result in an 
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extension of more than fifteen (15) calendar days from the original deadline. 
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SEC. 10. Access Fees. - Government agencies may charge a reasonable fee to 
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reimburse the actual cost of reproduction, copying or transcription and the 
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communication of the information requested: 
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SEC. 11. Notice of Denial. - If the government agency decides 10 deny the 
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request, in whole or in part, it shall, within seven (7) calendar days from the receipt 
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of the request, notify the person making the request of such denial iii writing or 
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through electronic means. The notice shall clearly indicate the name, rank, title or 
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position of the person malting the denial, and the grounds for the denial. In case the 
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denial is by reason of a claimed exception, the denial shall also state clearly the 
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legitimate aim or interest sought to be protected in the confidentiality, and the facts 
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and circumstances invoked showing the substantial harm to, or frustration of, the 
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legitimate aim or interest that will result in the disclosure of the information 
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requested. Failure to notify the person making the request of the denial, or of the 
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extension, shall be deemed a denial of the request for access to information. 
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SEC. 
12. 
Implementation 
Requirements. 
(a) 
For 
the 
effective 
14 
implementation of this Act, every government agency shall prepare a Freedom of 
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Information Manual, which shall include the following information: 
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(1) 
The location and contact information of the head, regional, provincial 
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and field offices, and other' established places where the public can 
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obtain information or submit requests; 
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(2) 
The types of information it generates, produces, holds and/or 
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publishes; 
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(3) 
A description of its record-keeping system; 
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(4) 
The person or office responsible for receiving requests for information; 
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(5) 
The procedure for the filing of requests personally, by mail. or through 
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the identified electronic means; 
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(6) 
The standard forms for the submission of request and for the proper 
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acknowledgement of the request; 
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(7) 
The process for the disposition of the request, including the routing of 
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(8) 
the request to the person or office with the duty to act on the request, 
the decision-malting, and the grant or denial of access and its 
implementation; 
The procedure for the administrative appeal of any denial for access to 
information; 
(9) 
The schedule of fees; 
(10) 
The process and procedure for the mandatory disclosure of 
information under Section 14 of this Act; 
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(11) 
Should the agency lack the capacity to comply with Section 14 (a) of 
this Act, a brief description of its plan to facilitate compliance within 
three (3) years from the approval of this Act; and 
(12) 
Such other information, taking into consideration the unique 
characteristics of an agency, that will help facilitate the effective 
implementation of this Act. 
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(b) 
The foregoing information shall also be posted in its website and 
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bulletin boarcis,and shall be regularly updated; 
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(c) 
In no case shall the absence of the aforementioned guidelines be a 
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reason for the denial of any request for information made in accordance with this 
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Act. 
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SEC. 13. Remedies in Cases of Denial. - (a) In all government agencies other 
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than the judicial branch -
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(1) 
(2) , 
Every denial of any request for access to information may be appealed 
to the person or office next higher in authority, following the 
procedure mentioned in Section 12 (8) of this Act: Provided, that the 
appeal must be filed within fifteen (15) calendar days from the notice 
of denial and must be, decided within fifteen (15) calendar days from 
filing. Failure of the government. agency to decide within the 
aforestated period shall constitute a denial of the appeal; and 
Instead of appealing or after the denial of the appeal, the person 
denied access to information may file a verified complaint with the 
Office of the Ombudsman, praying that the government agency 
concerned be directed to immediately afford access to the information 
being requested. Such complaint shall be resolved by the Office of the 
Ombudsman within sixty (60) calendar days from filing, or earlier 
when time is of the essence taking into account such factors as the 
nature of the information requested, context of the request, public 
interest and danger that the information requested will become moot. 
The Office of the Ombudsman shall promulgate its special rules of 
procedure for the immediate disposition of complaints filed pursuant 
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(3) 
(b) 
to this Section. Unless restrained or enjoined, the decisions of the 
Office of the Ombudsman shall be immediately executory, without 
prejudice to review in accordance with the Rules of Court. 
Instead of filing a complaint with the Office of the Ombudsman, 
whenever a request for information is denied originally or on 
administrative appeal, the requesting party may file a verified petition 
for mandamus in the proper court, alleging the facts with certainty and 
praying that judgment be rendered ordering the respondent, 
immediately or at some other time to be specified by the court, to 
disclose the information requested and to pay the damages sustained 
by the requesting party by reason of the denial. The procedure for such 
petition shall be summary in nature. 
In the Judicial Branch - The Supreme Court shall promulgate the 
16 
remedies that would govern offices under its jurisdiction. 
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(c) 
The remedies under this section are without prejudice to any other 
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administrative, civil or criminal action that may arise from the same act. 
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(d) 
The remedies available under this Act shall be exempt from the rules 
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on non- exhaustion of administrative remedies and the application of the provisions 
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of Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution 
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Act of 2004.1 
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, 
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(e) 
In case the requesting party has limited or no financial capacity, the 
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Public Attorney's Office shall be mandated to provide legal assistance to the 
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requesting party in availing of the remedies provided under this Act. 
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SEC. 14. Mandatory Disclosure of Transactions Involving Public Interest. ---
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(a) Subject to Sections 7 and 8 of this Act, all government agencies shall upload on 
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their websites, which shall be regularly updated every fifteen (15) days, all the steps, 
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negotiations and key government positions pertaining to definite propositions of the 
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government, as well as the contents of the contract, agreement or treaty in the 
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following transactions involving public interest: 
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(1) Compromise agreements entered into by a government agency with any 
person or entity involving any waiver or its rights or claims; 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
Private sector participation agr.eements or contraci;s 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; 
Procurement contracts entered into by a government agency; 
Construction or concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity; 
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; 
Loans from domestic and foreign financial institutions; 
Guarantees given by any government agency to government-owned or 
controlled corporations and to private corporations, persons or 
entities; 
Public funding extended to any private entity; 
Bilateral or multilateral agreements and treaties in defense, trade, 
economic partnership, investments, cooperation and similar binding 
commitments; or 
(10) 
Licenses, permits or agreements given by any government agency to 
any person or entity for the extraction and! or utilization of natural 
resources. 
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A summary list of the foregoing information uploaded in the website shall be 
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posted in the bulletin boards of the concerned government agency. 
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(b)' 
The information uploaded in the website under letter (a) of this Section 
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may be withdrawn after a period of three years from the time of uploading: Provided; 
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that an abstract of the information withdrawn shall remain uploaded in the website, 
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containing a brief description of the transaction and an enumeration of the 
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information withdrawn, and indicating the dates of posting and withdrawal. 
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(c) 
Should an agency lack the capacity to comply with letter (a) of this 
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Section, the agency shall initiate a capacity-building program, or coordinate with 
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another appropriate agency, to facilitate substantive compliance not later than three 
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(3) ye'!rs upon approval of this Act. 
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SEC. 15. Promotion of Openness in Government. - (a) Duty to Publish 
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Information - Government agencies shall regularly publish, print and disseminate at 
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no cost to the public and in an accessible form, in conjunction with R.A. 9485, or the 
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Anti-Red Tape Act of 2007, and through their website, timely, 'true, accurate and 
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updated key information including, but not limited to: 
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(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
A description of its mandate, structure, 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; 
Current and important database and statistics that it generates; 
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. 
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. (b) Keeping of Records - Government agencies shall maintain and preserve 
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their records in a manner that facilitates easy identification, retrieval and 
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communication to the public. They shall establish Management Information Systems 
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(MIS) to strengthen their capability to store, manage and retrieve records, and to 
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facilitate access to public records. The following shall not be destroyed: 
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(1) 
(2) 
(3) 
(4) 
(5) 
Records pertaining to loans obtained or guaranteed by the 
government; 
Records of government contracts; 
The declaration under oath of the assets, liabilities and net worth of 
public officers and employees, as required by law; 
Records of official investigations on graft and corrupt practices of 
public officers; and 
Other records where there is a significant public interest in their 
preservation or where there is likely to be such interest in the future. 
(c) 
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. 
(d) 
Improving Capability - Every government agency shall ensure the 
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provision of adequate training for its officials to improve awareness of the right to 
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information and the provisions of this Act, and to keep updated of best practices in 
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relation to information disclosure, records maintenance and archiving. 
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SEC. 16. Criminal Liability and Administrative Liability. - The penalty of 
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imprisonment of not less than one (1) month. but not more than six (6)' months shall 
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be imposed upon: 
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(a) 
(b) 
Any public officer or employee receiving the request under Section 9 
of this Act who shall fail to promptly forward the request to the public 
officer within the same office or agency responsible for officially acting 
on the request when such is the direct cause of the failure to disclose 
the information requested within the periods required by this Act; 
Any public officer or employee responsible for officially acting on the 
request, who shall: 
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(c) 
(d) 
(e) 
(f) 
(1) 
(2) 
(3) 
(4) 
(5) 
Fail, to act on the request within the periods required by this 
Act; 
Knowingly 
deny 
the 
existence 
of 
existing 
requested 
information; 
Destroy information being requested for the purpose of 
frustrating the requesting party's access thereto; 
Claim an exception under Section S of this Act, or under the 
Constitution, when the claim is manifestly devoid of actual 
basis; or 
Refuse to comply with the decision of his immediate supervisor, 
the Ombudsman or the court ordering the release of the 
information requested that is not restrained or enjoined by a 
com;t; 
The head of office of the government agency directly and principally 
responsible for the negotiation and perfection of any of the 
transactions enumerated in Section 13 (a) of this Act, who shall 
knowingly refuse, to direct the mandatory posting or uploading of 
such transaction despite the agency capacity to implement such 
directive. The same penalty shall be imposed upon the public officer or 
employee who, despite a directive from the head of office, shall fail, to 
post or upload any of the transactions enumerated in Section 14 of this 
Act; 
Any public officer or employee who shall destroy, or cause to c'.estroy, 
records of information covered by Section 15 (b) of this Act; 
Any public officer who formulates policies, rules and regulations 
manifestly contrary to the provisions of this Act, and which policies, 
rules and regulations are the direct cause of the denial of a request for 
information; or 
Any public or private individual who knowingly induced or caused 
the commission of the foregoing acts under this section. 
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The foregoing shall be without prejudice to any administrative liability of the' 
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offender under existing laws and regulations. 
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SEC. 17. Act Not a Bar to Claim of Right to Information under the 
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Constitution. - No provision of this Act shall he interpreted as a bar to any claim of 
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denial of the right to information under Article Ill, Section 7 of the 1987 Constitution. 
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8 
SEC. 18. Separability Clause. - If, for any reason, any section or provision of 
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this Act is held unconstitutional or invalid, no other section or provision shall be 
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affected. 
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SEC. 19. Repealing Clause. - All laws, decrees, executive orders, rules and 
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regulations, issuances or any part thereof inconsistent with the provisions of this 
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Act, including Memorandum Circular No. 78 dated 14 August 1964 (Promulgating 
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Rules Governing Security of Classified Matter in Government Offices), as amended, 
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and Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of 
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Conduct and Ethical Standards for Public Officials and Employees), are deemed 
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repealed. 
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SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) national newspapers of general circulation. 
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Approved, 
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