Republic of the Philippines
HOUSE OF REPRESENTA’
‘Quezon City, Metro Manila

NINETEENTH CONGRESS:
First Regular Session

House Bill No.__ 386

Introduced by Representative Gabriel H. Bordado, Jr.

EXPLANATORY NOTES

Good governance is always anchored on transparency and accountability.
‘When this bill was first filed in the 16" Congress, former Representative Henendina
Abad and former Vice President Maria Leonor G. Robredo, its principal authors, said
that “it will empower our citizenry and it is in their empowerment that governance
towards a progressive society can be achieved.”

They averred that the Filipinos should trust their government by being
transparent in its dealings, particularly in fiscal transactions and policy formulation. It
must also be ready, at all times, to provide them with accurate, timely, and relevant
information to enable them to make intelligent decisions on issues confronting the
nation.

For years, the Filipino people have been writing for the passage of the Freedom
of Information Bill. They will certainly appreciate the immediate passage of this bill in
the 19" Congress.

Sat ys ted age,
GABRIE. HBORDADO, JR.
Third District, Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

House Bill No.__ 386

Introduced by Representative Gabriel H. Bordado, Jr.

“ AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS
TO INFORMATION HELD BY THE GOVERNMENT”

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “People’s Freedom of
Information Act.”

SEC. 2. Declaration of Policy. - The State recognizes the right of people to
information on matters of public concem, and adopts and implements a policy of full
public disclosure of all its transactions involving public interest, subject to the
procedures and limitations provided by this Act. This right is indispensable to the
exercise of the right of the people and their organizations to effective and reasonable
participation at ail levels of social, political and economic decision-making.

SEC. 3. Coverage. - This Act shail cover all 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 instrumentalities, constitutional commissions and
constitutionally mandated bodies, local governments and all their agencies, regulatory
agencies, chartered institutions, government-owned or controlled corporation,
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
the Senators and Representatives, the Supreme Court and alt lower courts established
by law.

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.


BONFSSSLSALSSLS SEs

a

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b) Information refers to data that have been processed into record,
document, paper, report, letter, contract, minutes and transcripts of
official meetings, maps, books, photographs, data, research materials,
in whatever form, or film, 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.

°)

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 public
officer or employee, or by a government agency in an official capacity or
pursuant to a public function or duty. This shall 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
wouid impede the re-use of that information.

f) Public record refers to information required by law, executive orders,
ules, 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 the right
to and shall, on request, be given access to any record under the control of a
government agency. Government agencies and public officials shall 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.

Nothing herein contained shalt allow private acts, transactions or records of public
Officials and private individuals to be the subject of mandatory disclosure under this
Act: Provided, however, that income tax returns, and statement of assets, liabilities
and networth (SALN) of public officials shall be released subject to existing laws, rules
and regulations: Provided further, that the limitations and prohibitions to make
available to the public the SALN shall not apply when, upon order of the
Sandiganbayan, it has been established that there is probable cause related to the
commission of an offense.

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 is 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 disciosure.


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 Philippines, when its revelation shall unduly weaken the
negotiating position of the government in an ongoing bilateral or
multilateral negotiation or seriously jeopardise the diplomatic relations of
the Philippines with one or more States. 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 that any reasonable doubt as to
classification and declassification shall be settled in favor of the right to
information.

b)

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 deliberation 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 pertains to internal and/or external defense,
law enforcement, and border control, when the disclosure thereof would:

(i) unduly compromise or interfere with any legitimate military or law
enforcement operation; or

(ii) unduly compromise or interfere with the prevention, detection or
suppression of criminal activity, the effective implementation of
immigration controls and border security; or

(iii) deprive a person of a right to fair trial or an impartial adjudication;

or

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

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

(vi) endanger the life or physical safety of any individual;


136 d) The information requested consists of drafts of the following: orders,

137 resolutions, decisions, memoranda or audit reports by any executive,
138 administrative, regulatory, constitutional, judicial or quasi-judicial body in
1239 the exercise of their adjudicatory and/or audit function;

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141 ) The information requested is obtained by any committee of either House
142 of Congress in executive session;

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144 f} The information requested pertains to personal information of a natural
145 person, whether from the public or the private sector, and its disclosure
146 would constitute an unwarranted invasion of personal privacy. This may
147 include signatures, addresses, telephone numbers, identification
148 numbers, names of family members, race or ethnic, religion, health,
149 education, sexual orientation, and similar information, unless such
150 information is specifically required by law to be entered into an official
181 fecord and made available to the public, or the person has consented in
152 writing to the disclosure of the information. To the extent required to
153 prevent an unwarranted invasion of personal privacy, an agency may
154 redact such information from a record made available to the public.
155 However, the justification for the deletion shall be explained fully in
156 writing, and the extent of such deletion shall be indicated on the portion
157 of the record which is made available or published;

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1s9 g) The information requested pertains to trade secrets and commercial or
160 financial information or intellectual property obtained from a natural or
161 juridical person other than the requesting party, whenever the revelation
162 thereof would seriously prejudice the interest of such natural or juridical
163 person in trade, industrial, financial or commercial competition;

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165 h) The information is classified as privileged communications in the legal
166 proceedings by law or by the Rules of Court, unless the person entitied
167 to the privilege has waived it,

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169 i) the information requested is exempted by law or the Constitution, in
170 addition to those provided in this section;

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172 j) When prematurely disclosed, the information, would, in the case of a
173 government agency that regulates or deals with the commodities
174 markets, currencies, interest rates, securities, or financial institutions,
175 likely lead to fraud, manipulation, or other unlawful acts or schemes
176 involving currencies, interest rates, securities, or, in the case other
v7 government agencies, likely frustrates the effective implementation of a
178 Proposed official action: Provided, That the information shall be
179 accessible once and the anticipated danger has ceased.

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181 k) The information has already been made accessible as provided for in

182 Section 12.

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184 For paragraphs (c) to (k) of this section, the determination whether any of these
185 grounds shall apply be the responsibility of the head of office of the government


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agency in the 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) The exceptions in the preceding section shall be strictly construed;

b) The exceptions cannot be invoked to cover-up a crime, wrongdoing,
graft, or corruption;

c) Whenever the information covered by an exception may be reasonably
severed from a record, the record shall be released with the exempt
information redacted, or the information not covered by the exception
shall otherwise be communicated to the requesting party;

d) 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. - (a) In fulfilment of Article X!, Section
17 of the Constitution and subject to Section 5 and Section 7 (f) of this Act, the website
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 rank of general or equivalent flag rank.

(b) All agencies of all branches of government shail publish in their website and update
on a monthly basis, a register containing the following information:


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Freedom of Information Manual (FIM) in full;

Rules of Procedure, descriptions of forms available or the places at
which forms may be obtained, and instructions as to the scope and
contents of all papers, reports, or examinations;

. Substantive rules of general applicability adopted as authorized by iaw,

and statements of general policy or interpretations of general
applicability formulated and adopted by agency, including subsequent
amendments;
Public interest documents or records, including:

Annual Budget Government Agencies;

Itemized Monthly Collection and Disbursement;

Summary of Income and Expenditures;

Component of the Internal Revenue 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;

Construction or Concession Agreements or contract entered into by
a government agency with any domestic or foreign person or entity;

Private sector participation agreements or contracts infrastructure
and development projects under Republic Act 7718;

Public funding extended to any private entity;

Bilateral or multilateral agreements and treatises 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 officer of the
government agency; and


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xvi. Guarantees given by any government agency to government-owned
or controlled corporations and to private corporations or entities.

The register shall contain a brief description 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 (Php50,000,000.00) 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.

(c) All government agencies shall, over time, endeavour fo build their capacity and
practice to publish in full all other contracts, agreements, or treaties covered under this
section, especially 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 effectivity of this Act.

(d) 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.

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, true, accurate and updated key
information, including:

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

2. Adescription of the frontline services it delivers and the procedure and
the 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 curriculum vitae;

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

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

6. Datasets generated in the impiementation of agency mandates,
programs, activities, and projects such as statistics, figures, and
geospatial data;


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Current and important database and statistics that it generates;
. Bidding processes and requirements; and

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9. Mechanism 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 endeavour
to translate key information into major Filipino language 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 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, all government
agencies shall endeavour 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
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 current request: Provided, that the 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) A government agency must ensure that personal information in its
custody or under its control is disclosed only as permitted under this Act;

b) A government agency must protect personal information in its custody
or under its control by making reasonable security arrangements against
such risks as authorized access, collection, use, disclosure, or disposal;

c) An employee, officer or director of a goverment agency who has
access, whether authorized o authorized, to personal information in the


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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 wilfully 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 a 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;

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 immediate supervisor, the
Ombudsman, or of any court ordering the release of information;

) Approval of policies, rules and regulations manifestly contrary to the
provisions of this Act, and which policies, rules and regulations are 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. Falsely denying or concealing the existence of information mandated for
disclosure under this Act; and

2. Destroying, or causing to be destroyed, information and/or documents
being requested under this Act, for the purpose of frustrating the
requesting party's access thereto.

(b) Any private individual who knowingly induces or cause the commission of the
foregoing act 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 criminal prosecution
is instituted against the person found liable.

SEC. 16. Denial In Good Faith Not a Ground for Liability. - A deniai 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 criminal liability.


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SEC. 17. Freedom of Information Manual. - (a) For the effective implementation of
this Act, all government agencies shall prepare a Freedom of Information 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;

2. The type of information it generates, produces 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 personaily, by mail, or through
identified electronic means;

6. The standard forms for the submission of request and for the proper
acknowledgement of the request;

7. The process for the disposition of the request, including the routing of
the request to the person or office with the duty to act on the request and
the decision-making process for the approval or denial of the request;

8. The procedure for the administrative appeal of any denial for access to
information;

9. The schedule of service or processing fees pertinent to a request for
information;

10. 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 approval of this
Act; and

11.Such other information, taking into consideration the unique
characteristics of the agency, that will heip facilitate the effective
implementation of this Act.

(b) The Freedom of Information Manual shall also be posted in the agency website
and the hard copy shall be available at the agency reception area by the public;

(¢) In no case shall the absence of the aforementioned Manual be a reason for the
denial of any request for information made in accordance with this Act.

(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 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 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 charge, 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 goverment 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 request for
information received by it may be verified at anytime.

(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) 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
may be detrimental to the preservation of the record.

(f) The government agency shal! 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.


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() 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 shal!
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 receipt of the agency to which the
request is transferred.

SEC. 19. Access and Processing Fees. - Government agencies may charge a
reasonable fee to reimburse the actual cost of production, copying or transcription,
and the communication of the information requested. An Agency may waive the fees
whenever it is satisfied that the requester is an indigent, or that the cost of reproduction
is negligible, or that it is pursuant to a program for a proactive disclosure.

SEC. 20. Notice of Denial. - If the government agency decided 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 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
denial, or of the extension, shall be deemed a denial of the request for access to
information.

SEC. 21. Remedies in Cases of Denial. - (a) In all government agencies other than
the judicial branch-

1. A denial of a request for access to information may be appealed to the
Head of Agency, following the procedure required under Section 17 (1)
(8) of this Act: Provided, that the appeal must be filed within fifteen (15)
calendar days from receipt of the notice of denial and must be decided
within (15) calendar days from filing. Failure to resolve the appeai within
the aforementioned period shall constitute a denial of the appeal.

2. 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


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filed pursuant to this Section. Unless restrained or enjoined, the decision
of the Office of the Ombudsman shall be immediately executor, without
prejudice to review in accordance with the Rules of Court.

3. 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 mandamus in the proper court, alleging the facts with
certainty and praying that judgement 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 the 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 (30) 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 factual and legal basis of such claim, when the sufficiency cannot be
reasonably determined through evidence and circumstances apart from the
information

(b) In the Judicial Branch - The Judiciary shali 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 criminal action covering the same at.

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 9285, otherwise known as the Altemative 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, communications and documents received
or filed with them and the data generated or collected. These shall include working
files such as drafts or notes, whenever these have been circulated within the agency
for official purpose such as for discussion, comment or approval or when these contain
unique information that can substantially contribute to a proper understanding of the
agency organization, policies, transaction, decisions, resolutions, actions, procedures,
operations, and activities;

(b) 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 of their legitimate successors, or for proper


635 documentation if and when the records are transferred to the National Archives of the
636 —- Philippines.

637

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

640

641 1. Records pertaining to loans obtained or guaranteed by the government;

643 2. Records of government contracts involving amounts Fifty Million Pesos
644 (Php50,000,000.00) or more, or related to infrastructure, public and
645 private partnerships, utilities, or other important projects;

646

647 3. The original Declaration under oath of the assets, liabilities and net worth
648 of public officers and employees submitted to the Office of the
649 Ombudsman, as required by law; and

650

651 4. Records of official investigations pertaining to allegations of graft an
652 corruption of public officers.

653

654  (d) Government agencies shall prepare, according to the standards set in and within
655 the period mandated by Republic Act 9470 or the National Archives of the Philippines
656 Act of 2007, a rcord management program that includes the following:

657

658 1. Arecord maintenance system for the creation, selection, classification,
659 indexing and filing of official records that facilitate the easy identification,
660 retrieval and communication of information to the public;

661

662 2. A record maintenance, archival and disposition schedule providing a
663 listing of records under current use for retention by the agency, for
664 transfer to the National Archives, or for destruction: Provided, that
665 destruction of the official records may be implemented only upon
666 approval of the National Archives of the Philippines; and

667

668 3. Identification of the specific roles and responsibilities of agency
669 personnel in the implementation of such system and schedule.

670

671 (e) in addition to its function as repository of all rules and regulations issued by
672 agencies as provided under Book VII, Chapter I! of the Administrative Code of 1987,
673 the University of the Philippines Law Center shall, in coordination with the Office of the
674 President which has exclusive editorial and printing jurisdiction over the Official
675 Gazette, and with other relevant agencies, maintain a database, and publish in the
676 — Official Gazette or in digital or online form, the following:

677

678 1. All laws of the Philippines and their amendments, from the episode of
679 the Philippine Commission to the present;

680

681 2. All presidential issuances from November 15, 1935 to the present,
682 including but not limited, to executive orders, presidential
683 proclamations, administrative orders, memorandum circulars, general

684 orders, and other similar issuances;


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

SEC. 23, Publication in the Official Gazette. - For purposes of mandatory disclosure
as provide 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 Civil Code of the Philippines,
publication of the following in the online version of the Official Gazette, with the
corresponding timestamps on the document, shall be considered as official
publication:

a) All important legislative acts and resolutions of a public nature of the
Congress of the Philippines;

b) All executive and administrative orders and prociamations of general
application;

c) Decisions or abstracts of decisions of the Supreme Court and the Court
of Appeals or other courts of similar rank, as may be deemed by said
courts of sufficient importance to be so published;

d) Such documents or classes of documents as the President shall
determine from time to time to have general application or which he may
authorize to be published.

However, other documents or classes of documents as may be required to be
published by law, such as petitions and/or legal notices in connection with land titles,
naturalization or special proceedings shall continue to be published in the print version
of the Official Gazette or in any newspaper of general circulation for purposes of
compliance with the publication requirement.

SEC. 24. Act Not a Bar to Claim of Right to Information Under the Constitution.
- No provision of this Act shall be interpreted as a bar to any claim of denial of the
right to information under Article Ill, Section 7 of the 1987 Constitution.

SEC. 25. Publication of Government Data in Open Data Philippines Website. -
For purposes of enhancing the public's access to government information and abiding
by the Philippines’ international commitments to transparency and government
openness, all government agencies shall publish in Open Data Philippines website,
datasets generates 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.



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The Open Data website shail be maintained and administered by an Open Data Task
Force under 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 public, all datasets
published on the Open Data Philippines 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. - Website 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 appeal if such is done.

SEC. 27. Release to One, Release to All. - For purposes of streamlining requests
for information, once information has been made available to an individual through a
request for information, the said dataset shall also be published in an appropriate
website, Department website, or Local Government website thus allowing the public
access to all information that has been requested.

SEC. 28. integration of Freedom of Information (FO!) 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 Araling Panlipunan in the
elementary level and in such subjects as Social Studies and Makabayan or its
equivalent subject in high school level. The Department of Education , in coordination
with the Civil 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 Action Taken on Request 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 details of such requests; and of pending court actions they are a party to
as result of such requests. These reports may be integrated in the main annual reports
of government agencies and may be posted and published in their respective
websites.

SEC. 30. Appropriations. - The amount to carry out the provisions of this Act shall be
charged against those authorized in the current and subsequent General
Appropriations Acts.

SEC. 31. Separability Clause. - If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shail
remain in full force and effect.


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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 Section 18 on the Operation and Effect of Laws, 24 and 25 on the Contents,
Editing and Publications of the Official Gazette, Book |, 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 386 or the Civil Code, Memorandum Circular 78 dated 14 August
1964 (Promulgating Rules Governing Security of Classified Matter in Government
Offices), as amended, and Section 3, Rule IV of the Rules Implementing Republic Act
6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), are
deemed repealed: Provided, the Memorandum Circular78 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).

SEC, 33. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,