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FOURTEENTH CONGRESS OFTIIE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
9 
,IUN -3 Ph 3 4  
S E N A T E  
534 
COMMITITE REPORTNO. 
i ~ g y ~ ~ , + ~ r . i  
!W 
Submitted Jointly by the Committee on Public Information aud Mass Medi 
Commit 
on 
Civil 
Service 
and 
Government 
Reorganization 
on 
__--______-__- 
&iN - 3_2(1119_ 
Re: Senate Bill No. 
3308 (Prepared by thecommittees) 
Recommending its approval in substitution of S.B. Nos. 16, 109, 576, 592, 1578, 
2571, and 3273, taking into consideration HBN 3732 and SRN I 1  
Sponsors: Senators Alan Peter S. Cayetano aud Aiitonio “Sonny” F. Trillanes 1V 
Mr. President: 
The Committee on Public Information and Mass Media and the Coininittee 011 Civil 
Service and Government Reorganization, to which were primarily and secondarily referred 
Senate Bill No. 16, introduced by Senator Ramon Bong Revilla Jr., entitled: 
“AN ACT 
TO ENSURE PUBLIC ACCESS TO OFFICIAL INFORMATION AND FOR OTHER 
PURPOSES,” 
Senate Bill No. 109, introduced by Senator Mar Koxas, entitled: 
“AN ACT 
IMPLEMENTING THE CONSTITUTIONAL RIGHT OF ACCESS TO INFORMATION, 
PRESCRIBING GUIDELINES THEREFOR, AND FOR OTHER PURPOSES,” 
Senate Bill No. 576, introduced by Senator Jinggoy Ejercito Estrada, entitled: 
“AN ACT 
TO ENSURE PUBLIC 
ACCESS TO OFFICIAL 
INFORMATION 
AND FOR OTHER 
PURPOSES.“ 
Senate Bill No. 592, introduced by Seiiator Jinggoy Ejercito Estrada, entitled: 
“AN ACT 
TO IMPROVE PUBLIC DISSEMINATION OF GOVERNMENT INFORMATION,“ 
Senate Bill No. 1578, introduced by Senator Manny Villar, entitled: 
‘AN ACT 
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON MATTERS OF PUBLIC 
CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE I11 OF THE 1987 
CONSTITUTION AND FOR OTHER PURPOSES,” 
Senate Bill No, 2571, introduced by Senator Loren B. Legarda, entitled: 
“AN ACT 
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON MATERS OF PUBLIC 
CONCERN GUARANTEED UNDER SECTION TWENM-EIGHT, ARTICLE I1 AND SECTION 
SEVEN, ARTICLE I11 OF THE 1987 CONSTITUTION AND FOR OTHER PURPOSES,” 


Senate Bill No. 3273, introduced by Senators Alaii Peter S. Cayetano, Pia S. Cayetano, and 
Juan Migiiel F. Zubiri, entitled: 
"AN ACT 
PROVIDING A MECHANISM TO IMPLEMENT THE RIGHT OF THE PEOPLE TO 
INFORMATIN ON MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION 
SEVEN, ARTICLE THREE OF THE 1987 CONSTITUTION AND THE STATE POLICY OF 
FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING PUBLIC 
INTEREST UNDER SECTION TWENTY 
EIGHT, 
ARTICLE 
TWO 
OF THE 1987 
CONSTITUTION, AND FOR OTHER PURPOSES," taking into consideration 
House Bill No. 3732, introduced by Representatives Angara, Del Mar, Villanueva, et al, 
entitled: 
"AN ACT 
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON MATTERS OF PUBLIC 
CONCERN GUARANTEED UNDER SECTION TWENTY-EIGHT, ARTICLE 11 AND SECTION 
SEVEN, ARTICLE 111 OF THE 1987 CONSTITUTION AND FOR OTHER PURPOSES,"and 
Senate Resolution No. 11, introduced by Senator Jinggoy Ejercito Estrada, entitled: 
"RESOLUTION 
DIRECTING THE SENATE COMMITTEE ON PUBLIC INFORMATION AND MASS MEDIA 
TO CONDUCT AN INQUIRY, I N  AID OF LEGISLATION, ON THE IMPLEMENTATION AND 
COMPLIANCE OF ALL GOVERNMENT OFFICES, DEPARTMENTS, AND AGENCIES WITH 
THE CONSTITUTIONAL PROVISIONS AND ALL LAWS RELEVANT TO CITIZENS' ACCESS 
TO INFORMATION AS A MEANS OF CURBING GRAFT AND CORRUPTION" 
have considered tlie same and have the honor to re ort them back to the Senate with tlie 
recommendation that the attached bill, S.B. No. 
330&, prepared by the Committees, 
entitled: 
"AN ACT 
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MAlTERS OF 
PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE THREE OF THE 
1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF ALL 
ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY EIGHT, 
ARTICLE TWO OF THE 1987 CONSTITUION, AND FOR OTHER PURPOSES 
be approved in substitution of S.B. Nos. 16, 109, 576, 592, 1578, 2571, and 3273, taking 
into consideration HBN 3732 and SRN 11, with Senators Revilla Jr., Roxas, Ejercito Estrada, 
Villar, Legarda, Cayetano (A,), Cayetano (P.), and Zubiri, as authors thereof. 
RESPECTFULLY SUBMITTED: 
ALAN PETERS. CAYETANO 
Chairperson 
Committee on Civil Service 
Chairperson 
Committee on Public Information 


and Government Reorganization 
and Mass Media 
Member, Committee on Civil 
Service and Government 
Reorganization 
1’ANFILO M. LACSON 
Acting Chairperson 
Conmiittee on Civil Service and 
Government Reorganization 
Members 
Committee on Public Information and 
Mass Media 
Committee on Civil Service and 
Government Reorganization 
EDGARDO J. ANGARA 
committee on Civil Service and 
Governnient Reorganization 
n 
FRANCIS + 
C. ES 
DER0 
on Civil Service and 
GRE ORIO B. HONASAN 11 
Co 
M s Media 
nittee on Public Information and 
4 
MAN G 
Y 
Committee on Pub 
Committee on 
Mass Media 
Committee on Public Infoimation and 
Mass Media 
Ex-Oflcio Members 


A Q ~ L I N O  
Q. PIMENTEL, JR. 
Minority Leader 
HON. JUAN PONCE ENREE 
President 
Senate of the Philippines 


., >LClq; .! f,, I, 
FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
Ci;Fl,’’’’ 
I *  !lib 
‘I 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
9 
JUN -3 P 6  :3J 
S E N A T E  
/ 
(In substitution of Senate Bill Nos. 16, 109, 576, 592, 1578,2571, and 3273, laking into 
coiisideratiou House Bill No. 3732 and Senate Resolution No. 11) 
Prepared by the Committees on Public Information and Mass Media and on Civil 
Service and Government Reorganization with Senators Revilla Jr., Roxas, Ejercito 
Estrada, Villar, Legarda, Cayetnno (A.), Cayetano (P.) and Zubiri as authors 
thereof 
AN ACT 
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON 
MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, 
ARTICLE THREE OF THE 1987 CONSTITUTION AND THE STATE POLICY 
OF FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING 
PUBLIC INTEREST UNDER SECTION TWENTY EIGHT, ARTICLE TWO OF 
THE 1987 CONSTITUION, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congmsss 
assembled: 
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Actof2009”. 
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SECTION 1. Title. - This Act shall be known as the “Freedom of Information 
SEC. 2. Declarafiort 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 
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public disclosure of all its transactions involving public interest, subject to the procedures 
and limitations provided by this Act. This right is indispensable to the exercise of the 
right of the people and their organizatious to effective and reasonable participation at all 
levels of social, political and economic decision-making. 
SEC. 3. Coverage. - This Act shall cover all governmeut agencies as defined 
under Section 4 of this Act. 
SEC. 4. Defttition of Terms. -As used in this Act: 
(a) “Inforrnation” shall mean any knowledge, record, document, paper, report, letters, 
contract, minutes and transcripts of official meetings, maps, books, photographs, 
data, research material, film, sound and video recordings, magnetic or other tapes, 


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electronic data, cornpuler stored data, or any other like or similar data or material 
recorded, stored or archived in whatever form or format, which are made, 
received or kept in or under the control and custody of my 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. 
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(b) “Government agency” shall include the executive, legislative and judicial 
branches as well as the constitutional bodies of the Republic of the Philippines 
including, hut not limited to, the national government and all its agencies, 
departments, bureaus, o€fices and instrumentalities, constitutional commissions 
and constitutionally mandated bodies, local governments and all their agencies, 
regulatory agencies, chartered institutions, government-owned or controlled 
corporations, iticluding wholly-owned or controlled subsidiaries, government 
financial institulions, state universities and colleges, the Armed Forces of the 
Philippines, the Philippine National Police, all offices in the Congress or the 
Philippines including the offices of Senators and Representatives, the Supreme 
Court and all lower courts established by law. 
(c) “Official records” shall refer to information produced or received by a public 
officer or employee, or by a government agency in an official capacity or pursuant 
to a public function or duty, and is not meant to he a stage or status of the 
information. 
(d) “Public records” shall include information required by law, executive orders, 
rules, or regulations to be entered, kept and made publicly available by a 
government agency. 
SEC. 5. Presumpfion. - There shaI1 be a legal presumption in favor of access to 
information. Accordingly, government agencies shall have the burden of proof of 
showing by clear and convincing evidence that the information requested is exempted 
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from disclosure by this Act. 
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SEC. 6. Access to Infounzntion. - Government agencies shall make available to 
the public 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 basis for policy development, regardless of their physical form or 
format in which they are contained and by whom they were made. 
SEC. 7. Exceptions. - Subject Lo the qualifications set forth in Section 8 of this 
Act, access to information may be denied when: 
(a) The revelation of the information requested will create a clear and present danger 
of war, invasion or any external threat to the State as determined by the Office of 
the President and/or the Secretary of the Department of National Defense; 
(b) The information requested pertains to the foreign affairs of the Republic of the 
Philippines, when its revelation would unduly weaken the negotiating position of 
the government in an ongoing bilateral or multilateral negotiation or seriously 
jeopardize the diplomatic relations of the Philippines wit11 one or more states with 
which it intends to keep friendly relations; 
(c) The information requested pertains to internal and external defense and law 
enforcement, when the revelation thereof would render a legitimate military 
operation ineffective, unduly compromise the prevention, detection or suppression 
of a criminal activity, or endanger the life or physical safety of confidential or 
protected sources or witnesses, law enforcement and military personnel or their 
immediate families. Information relating to the details of the administration, 
budget and expenditure, and management of the defense and law enforcement 
agencies shall always be accessible to the public; 
(d) The information requested pertains to the personal information of a natural person 
other than the requesting party, and its disclosure would constitute a clearly 
unwarranted invasion of his or her personal privacy, unless it forms part of a 
public record, or the person is or was an official of a government agency and the 
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information requested relates to his or her public function, or 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 commercial 
secrets of a natural or juridical person other than the requesting party, obtained in 
confidence by, and/or filed with a government agency, whenever the revelation 
thereol would seriously prejudice the interests of such natural or juridical persoii 
in trade, industrial, financial or commercial competition, unless such natural or 
juridical person has consented to the disclosure of the requested information; 
(0 The information requested is privileged from production in legal proceedings by 
law or by the Rules or Court, unless the person entitled to the privilege has 
waived it; 
(g) The information requested is exempted by law, in addition to those provided in 
this Section; 
(h) The information requested is obtained by any committee of eilher House of 
Congress in executive session, whenever such information falls under any of the 
foregoing exceptions; and 
(i) The information requested consists of drafts of decisions by any executive, 
adminislrative, judicial or quasi-judicial body in the exercise of their adjudicatory 
functions whenever the revelation thereof would reasonably tend to impair the 
impartiality of verdicts, or otherwise obstruct the administration of justice. 
SEC. 8. Qrmlificntions. - Even if the information requested falls under the 
exceptions set forth in the preceding section, access to infoormation shall not be deiiied ir: 
(a) The information requested may be reasonably severed fiom the body of the 
information which would be subject to the exceptions; 
(b) The public interest in the disclosure outweighs the harm to the interest sought to 
be protected by the exceptions; or 
(c) The requesting party is either House of Congress, or any of its Committees, unless 
the disclosure will constitute a violation of the Constitution. 
SEC. 9. Procedure of Access. - (a) Auy person who wishes to obtain information 
shall submit a request to the government agency concerned personally, by mail, or 
through electronic means. The request shall state the name and preferred contact 
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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 
gover~nnent agency shall communicate such requestcd information to the requesting 
party: Provided, that the staled reason, or the failure to state the reason for the request of 
the information, 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, 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 
Lhe identification, or other convenient means as determined by the agency. 
(b) The request shall be stamped by the government agency, indicating the date 
and time of receipt and the name, rank, title and position of the receiving public officer or 
employee with the corresponding signature, and a copy thereof furnished to the 
requesting party. In case the request is submitted by electronic means, the government 
agency shall provide for an equivalent means by which the requirements of this 
paragraph shall be met. 
(c) The request niay 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; 


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(6) A transcript of the requested information from shorthand or codified form; 
or 
(7) Other reasonable means or format. 
(d) A government agency may communicate the information requested in a lorm 
other than the preferred means whenever such preferred means would unreasonably 
interfere with the effective operation of the agency, or be detrimental to the preservation 
of the record. 
(e) The government agency shall comply with such request within seven (7) 
calendar days from the receipt thereof. 
(0 The time limits prescribed in this Section for the production of the requested 
information may be extended whenever there is a need for any of the following: 
(1) To search for and collect the requested information from field racilities or 
other establishments that are separate from the office processing the 
request; 
(2) To search for, collect and appropriately examine a voluminous amount of 
separate and distinct information which are demanded in a single request; 
(3) Consultation, which shall be conducted in all practicable speed, with 
another government agency or among two (2) or more components of the 
government agency having substantial interest in the determination of the 
request; and 
(4) To consider fortuitous events or other events due to fovce mujeuve or other 
analogous cases. 
(g) The government agency shall, in writing or throngh electronic means, notify 
the person making the request of the extension, setting forth the reasons for such 
extension and the date when the information requested shall be made available: Provided, 
that no such notice shall specify a date that would result in an 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 
reimburse the actual cost of reproduction, copying or transcription and the 
communication of the information requested. 
SEC. 11. Notice of Denial. - If the government agency decides lo deny the 
request, in whole or in part, it shall, within seven (7) calendar days-from the receipt ofthe 
request, notify the person making the request of such denial iii writing or through 
electronic means. The notice shall clearly indicate the name, rank, title or position of the 
person malting the denial, and the grounds for the denial. In case the denial is by reason 
of a claimed exception, the denial shall also state clearly the legitimate aim or interest 
sought to be protected in the confidentiality, and the facts and circumstances invoked 
showing the substantial harm to, or frustration of, the legitimate aim or interest that will 
result in the disclosure of the information requested. Failure to notify the person making 
the request of the denial, or of the extension, shall be deemed a denial of the request for 
access to information. 
SEC. 12. Iniplenzenlntiort Requirements. -- (a) For the effective implementation 
of this Act, every government agency shall prepare a Freedom of Information Manual, 
which shall include the following information: 
(1) The location and contact information of the head, regional, provincial and 
field offices, and other' established places where the public can obtain 
information or submit requests; 
(2) The types of information it generates, produces, holds and/or publishes; 
(3) A description of its record-keeping system; 
(4) The person or office responsible for receiving requests for information; 
(5) The procedure for the filing of requests personally, by mail. or through the 
ideutified electronic means; 
(6) The standard forms for the submission of request and for the proper 
acknowledgement of the request; 
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(7) The process for the disposition of the request, including the routing of the 
request to the person or office with the duty to act on the request, the 
decision-malting, and the grant or denial of access and its implementation; 
(8) The procedure for the administrative appeal of any denial [or access to 
information; 
(9) The schedule offees; 
(10) The process and procedure for the mandatory disclosure of incormation 
under Section 14 of this Act; 
(1 1) 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 
(1 2) Such other information, taking into consideration the unique 
characteristics of an agency, that will help facilitate the effective 
implementation ofthis Act. 
(b) The foregoing information shall also be posted in its website and bulletin 
boards, and shall be regularly updated; 
(c) In 110 case shall the absence of the aforementioned guidelines be a reason for 
the de~iial of any request for infarmation made in accordance with this Act. 
SEC. 13. Xenicdies in Cases of Denial. - (a) In all government agencies other 
than the judicial branch- 
(1) Every denial of any request for access to information may be appealed to 
the person or office next higher in authority, following the procedure 
mentioned in Section 12 (8) of this Act: Provided, [hat 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. Failme of the 
government agency to decide within the aforestated period shall 
constitute a denial of the appeal; and 
(2) Instead of appealing or after the denial of the appeal, the person denied 
access to information may file a verified complaint with the Office of the 
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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 
(GO) calendar days from filing, or earlier when time is of the essence3 
taking into account such factors as the nature of the information 
requested, context of the request, public interest and danger that the 
information requested will become moot. The Office of the Ombudsman 
shall promulgate its special rules of procedure for the immediate 
disposition of complaints filed pursuant to this Section. Unless restrained 
or enjoined, the decisions of the Office of the Ombudsman shall be 
immediately executory, without prejudice to review in accordance with 
the Rules of Court. 
(3) Instead of filing a complaint with the Office of the Ombudsman, 
whenever a request for information is denied originally or on 
administrative appeal, the requesting party may file a verified petition for 
mandamus in the proper court, alleging the facts with certainty and 
praying that judgment be rendered ordering the respondent, immediately 
or at some other time to be specified by the conrt, 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. 
(b) In the Judicial Branch - The Supremc Court shall promulgate the remedies 
that would govern offices under its jurisdiction. 
(c) The remedies under this section are without prejudice to any other 
administrative, civil or criminal action that may arise from the same act. 
(d) The remedies available under this Act shall be exempt from the rules on non- 
exhaustion of administrative remedies and the application of the provisions of Re.public 
Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004. 


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(e) In case the requesting party has limited or no financial capacity, the Public 
Attorney’s Olfice shall be mandated to provide legal assistance to the requesting party in 
availing of the remedies provided under this Act. 
SEC. 14. Mandatory Disclosiive of Transactions Involving Public Interest. --- 
(a) Subject to Sections 7 and 8 of this Act, all government agencies shall upload on their 
websites, which shall be regularly updated every fifteen (15) days, all the steps, 
negotiations and key government positions pertaining to definite propositions of the 
government,,as well as the contents of the contract, agreement or treaty in the following 
transactions itlvolviiig public interest: 
(1) Compromise agreements entered into by a government agency with any 
person or entity involving any waiver or its rights or claims; 
(2) Private sector participation agreements or contracts in infrastructure and 
development projects under Republic Act No. 6957, as amended by 
Republic Act No. 771 8, authorizing the financing, construction, operation 
and maintenance of infrastructure projects; 
(3) Procurement contracts entered into by a government agency; 
(4) Construction or concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity; 
( 5 )  Loans, grants, development assistance, technical assistance and programs 
entered into by a government agency with official bilateral or multilateral 
agencies, as well as with private aid ageucies or institutions; 
(6) Loans from domestic and foreign financial institutions; 
(7) Guarantees given by any government agency to government-owned or - 
controlled corporations and to private corporations, persons or entities; 
(8) Public funding extended to any private entity; 
(9) Bilateral or inultilateral agreements and treaties in defense, trade, 
economic partnership, investments, cooperation and similar binding 
commitments; or 
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(10) Licenses, permits or agreements given by any government agency to any 
person or entity for the extraction and/or utilization of natural resources. 
A summary list of the foregoing information uploaded in the website shall be 
posted in the bulletin boards of the concerned government agency. 
(b) The information uploaded in the website under letter (a) of this Section may 
be withdrawn after a period of three years from the time of uploading: Provided; that an 
abstract of the information withdrawn shall remain uploaded in the website, containing a 
brief description of the transaction and an enumeration of the information withdrawn, and 
indicating the dates of posting and withdrawal. 
(c) Should an agency lack the capacity to comply with letter (a) of this Section, 
the agency shall initiate a capacity-building program, or coordinate with another 
appropriate agency, to facilitate substantive compliance not later than three (3) years 
upon approval of this Act. 
SEC. 15. Promotion of Openness in Government. - (a) Duty to Publish 
Information - Government agencies shall regularly publish, print and disseminate at no 
cost to the public and in an accessible form, in conjunction with R.A. 9485, 'or the Anti- 
Red Tape Act of 2007, and through their website, timely, true, accurate and updated key 
information including, but not limited to: 
(1) A description of its m'andate, structue, powers, functions, duties and 
decision-making processes; 
(2) A description of the frontline services it delivers and the procedure and 
length of time by which they may be availed of; 
(3) The names of its key officials, their powers, functions and responsibilities, 
and their profiles and cnrriculum vitae; 
(4) Work programs, 
development plans, investment plans, projects, 
performance targets and accomplishments, and budgets, revenue 
allotments and expenditures; 
(5) Important rules and regulations, orders or decisions;: Provided, that they 
be published within fifteen (15) calendar days from promulgation; 
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(6) Current and important database and statistics that it generates; 
(7) Bidding processes and requirements; and 
(8) Mechaiiisms or procedures by which the public may participate in or 
otherwise influence the formulation of policy or the exercise of its powers. 
(b) Keeping of Records - Government agencies shall maintain and preserve their 
records in a manner that facilitates easy identification, retrieval and communication to the 
public. They shall establish Management Information Systems (MIS) to strengthen their 
capability to store, manage and retrieve records, and to facilitate access to public records. 
The following shall not be destroyed: 
(1) Records pertaining to loans obtained or guaranteed by the government; 
(2) Records of government contracts; 
(3) The declaration under oath of the assets, liabilities and net worth of public 
officers and employees, as required by law; 
(4) Records of official investigations on graft and corrupt practices of public 
officers; and 
(5) 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 preseut them in 
popular form and means. 
(d) Improving Capability - Every government agency shall ensure the provision 
of adequate training for its officials to improve awareness of the right to information and 
the provisions of this Act, and to keep updated of best practices in relation to information 
disclosure, records maintenance and archiving. 
SEC. 16. Criinirrnl LinbiliQ nnd Adnriizistrntive Linhility. - The penalty of 
imprisonment of not less than one (I) month but not more than six (6) months shall be 
imposed upon: 
(a) Any public officer or employee receiving the request under Section 9 of this 
Act who shall fail to promptly forward the request to the public officer within 


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the same olficice or agency responsible for officially acting on the request when 
such is the direct cause of the failure to disclose the information requested 
within the periods required by this Act; 
(b) Any public officer or employee responsible for officially acting on the 
request, who shall: 
(1) Fail, to act on the request within the periods required by this Act; 
(2) Knowingly deny the existence of existing requested information; 
(3) Destroy information being requested for the purpose of frustrating 
the requesting party’s access thereto; 
(4) Claim an exception under Section 8 of this Act, or under the 
Constitution, when the claim is manilestly devoid of [actual basis; 
or 
(5) Refuse to comply with the decision of his immediate supervisor, 
the Ombudsman or the court ordering the release of the 
information requested that is not restrained or enjoined by a court; 
(c) The head of office of the government agency directly and principally 
responsible for the negotiation and perfection of any of the transactions 
enumerated in Section 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; 
(d) Any public officer or employee who shall destroy, or cause to destroy, records 
of information covered by Section 15 (b) of this Act; 
(e) Any public officer who formulates policies, rules and regulations manifestly 
contrary to the provisions of this Acl, and which policies, rules and 
regulations are the direct cause of the denial of a request for information; or 


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(0 Any public or private individual who knowingly induced or caused the 
commission of the foregoing acts under this section. 
The foregoing shall be without prejudice to any administrative liability of the 
offender under existing laws and regulations. 
SEC. 17. Act Not a Bar to Claim of Right to Information Under fhe 
Consfitutioii. - No provision of this Act shall he interpreted as a bar to any claim of 
denial oC the right to inforination under Article Ill, Section 7 of the 1987 Constitution. 
SEC. 18. Separability Clause. - If, for any reason, any section or provision of 
this Act is held unconstitutional or invalid, no other section or provision shall be affected. 
SEC. 19. Reyenling Clairse. - All laws, decrees, executive orders, rules and 
regulations, issuances or any part thereof inconsistent with the provisions of this Act, 
including Memorandum Circular No. 78 dated I4 August I964 (Promulgating Rules 
Governing Security of Classified Matter in Government Offices), as amended, and 
Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of Conduct 
and Ethical Standards for Public Officials and Employees), are deemed repealed. 
SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation. 
Approved, 
l A