Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

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SEVENTEENTH CONGRESS:
First Regular Session

HOUSE BILL NO. 3950

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

The State recognizes the right of the people to information on matters of public
concer, 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 all levels of social, political and economic decision-
making.

This bill seeks to enhance access to information under the principle of public
accountability of any public office. Transparency in all government transactions empowers
the people to correctly demand accountability from the government.

Finally. this proposed measure also includes provisions that penalize failure to
disclose information within a given period of time, such penalties range from damages,
suspension and imprisonment.

EVELINA G. ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon

\TEENTH CONGRESS
st Regular Session

HOUSE BILL No. 3950

Introduced by REP. EVELINA G. ESCUDERO

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 DI OSURE OF ALL ITS TRANSACTIONS INVOLVING
PUBLIC INTEREST UNDER SECTION TWENTY-EIGHT, ARTICLE TWO OF
THE 1987 CONSTITUTION, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the "Freedom of Information
Act”.

SECTION 2. Declaration of Policy. ~The State recognizes the right of the people to
information on matters of public concern, and adopts and implements a policy of full public
disclosure of all its transactions involving public interest, subject to 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 all levels of social,
political and economic decision-making.

SEC. 3. Coverage. — This At shall cover all government agencies as defined under
Section 4 of this Act.

SEC. 4, Definition of Terms. — As used in this Act:

(a) “Information” 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 and other tapes, electronic data, computer stored
data or any other like or similar data or material recorded, stored or
archived in whatever form or format, which are made, received and kept
in or under control and custody of any government agency pursuant to
law, executive order, rules and regulations, ordinance or in connection



(b)

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(d)

with the performance or transaction of official business by any
government agency.

“Government agency” shall include the executive, legislative and judicial
branches as well as the constitutional bodies of the Republic of the
Philippines including, but not limited to, 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 corporations, including
wholly owned or controlled subsidiaries, government _ financial
institutions, state univer s and colleges, the Armed Forces of the
Philippines, the Philippine National Police, all offices in the Congress of
the Philippines including offices of Senators and Representatives, the
Supreme Court and all lower courts established by law.

“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 be a
stage or status of the information.

“Public records” shall include information required by law, executive
orders, rules and regulations to be entered, kept and made publicly
available by a government agency.

SEC. 5. Presumption. — There shall 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 from disclosure by

this Act.

SEC. 6. Access to Information. 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 this physical form or format
in which they are contained and by whom they were made.

SEC. 7. Exceptions. Subject to the qualifications set forth in Section 8 of this Act,
access to information may be denied when:

(a)

The information is specifically authorized to be kept secret under
guidelines established by an executive order, and in fact properly
classified pursuant thereto: Provided. That 1) The information directly
relates to national defense and its revelation will cause grave damage to
the internal and external defense of the State; 2) The information
requested pertains to the foreign affairs of the Republic of the Philippines,
when its revelation unduly weaken the negotiating position of the
government in an ongoing bilateral or multilateral negotiation or seriously
jeopardize the diplomatic relations of the Philippines with one or more
states with which it intends to keep friendly relations: Provided, further,
That the executive order shall specify the reasonable period by which the



(b)

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)

(g)

(h)

For letters (b) to (h) of this section, the determina

information shall be automatically declassified or subject to mandatory
declassification review, and that nay reasonable doubt as to classification
and declassification shall be settled in favor of the right to information;

The information requested pertains to intemal and external defense and
Jaw enforcement, when the revelation thereof would render a legitimate
military or law enforcement 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.

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 information relates to his or her public
function, or the person has consented to the disclosure of the information;

‘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 thereof would seriously
prejudice the interests of such natural or juridical person in trade,
industrial. financial or commercial competition, unless such natural or
juridical person has consented to the disclosure of the information.

The information is privileged from production in legal proceedings by law
or by the Rules of Court, unless the person entitled to the privilege has
waived it

The information requested is exempted by law or the Constitution, in
addition to those provided in this section;

The information requested is obtained by any committee of either House
of Congress in executive session, whenever such information falls under
any of the foregoing exceptions; and

The information requested consists of drafts of decisions by any
executive, administrative, 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.

ion whether any of these grounds

shall apply shall be the responsibility of the head of office of the government agency in
custody or control of the information, or any responsible central or field officer/s duly

designated by him.


SEC. 8. Qualifications. — Even if the information falls under the exceptions set forth
in the preceding section, access to information shall not be denied if:

(a) The information may be reasonably severed from 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 and
the disclosure is to be made in executive session, unless the disclosure will
constitute a violation of the Constitution.

SEC. 9. Procedure of Access. ~ (a) Any person who wishes to obtain information
shall submit a request to the government agency concerned personally, by mail, of through
electronic means. The request shall state the name and preferred contact information of the
requesting party, and reasonably describe the information required, the reason for the request
of the information and the preferred means by which the government agency shall
communicate such information to the requesting party: Provided, That the stated reason shall
not be used as a ground to deny the request or to refuse the acceptance of the request, unless
such reason is contrary to law. If the request is submitted personally, the requesting party
shall show his current identification card issued by any government agency, 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 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 in permanent or other form;

(2) An opportunity to inspect the information, using equipment normally
available to the government agency when necessary

(3) An opportunity to copy the information using personal equipment;

(4) A written transcript of the information contained in a audio-visual form;

(5) A transcript of the content of an 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 information from shorthand or codified form; or

(7) Other reasonable means or format.

(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.

(e) The government agency shall comply with such request within seven (7) working
days from the receipt thereof.


(f) 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
facilities 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
ina 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 force
majeure or other analogous cases.

(g) The government agency shall, in writing or through electronic means, notify the
person making the request of the extension, setting forth the reasons for such
extension and the date when the information shall be made available: Provided,
That no such notice shall specify a date that would result in an extension of more
than fifteen (15) working days from the original deadline.

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 to deny the request, in
whole or in part, it shall, within seven (7) 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 clearly indicate the name. rank, title or position of the person making 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. 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. /mplememation Requirements. ~ (a) For the effective implementation of this
Act, all government agencies shall prepare a Freedom of Information Manual, with the end in
view of facilitating easy access to information, which shall include the following:

(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 filing of requests personally, by mail or through the
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, the
decision-making, and the grant or denial of access and_ its
implementation;

(8) 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;

(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.

(b) The Judiciary shall prepare a similar manual as directed by the Supreme Court;

(c) The foregoing information shall also be posted in its website and bulleting boards,
and shall be regularly updated.

(d) 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.

SEC. 13. Remedies 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 of office next higher in authority, following the procedure
mentioned in Section 12(a)(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

(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
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
(6) 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 files 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 court, to disclose the information and to pay the damages
sustained by the requesting party by reason of the denial. The procedure
for such petition shall be summary in nature.

(4) In resolving a complaint or petition brought under the preceding
paragraphs (2) and (3), the Ombudsman or the court is empowered to
receive the information subject of a claim of exemption under Section 7
herein and examine then in camera to determine the sufficiency of the
factual and legal basis of such claim, when such sufficiency cannot be
reasonably determined through evidence and circumstances apart from the
information.

(b) In the Judicial Branch ~ The Judiciary shall be governed by such remedies as
promulgated by the Supreme Court.

(©) The remedies under this section are without prejudice to any other administrative,
civil or criminal action covering 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 Republic Act
No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004.

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

SEC. 14. Mandatory Disclosure 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 involving public interest:

(1) Compromise agreements entered into by a government agency
with any person or entity involving any waiver of 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. 7718, 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 given 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
agencies or institutions:

(6) Loans from domestic and foreign financial institutions;

(7) Guarantees given by any government agency to government-
owned or c-controlled corporations and to private corporations,
persons or entities;

(8) Public funding extended to any private entit:

(9) Bilateral or multilateral agreements and treaties in defense, trade,
economic, partnership, investments, cooperation and_ similar
binding commitments; or

(10)Licenses, permits of 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 (3) 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.

(©) 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. Keeping of Records. — a) Government agencies shall create and/or maintain
in appropriate formats, accurate and reasonably complete documentation or records of their
organization, policies, transactions, decisions, resolution, enactments, actions, procedures,
operations, activities, communications, 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,
comments ot approval or when these contain unique information that can substantially
contribute to a proper understanding of the agency organization, policies, transactions,
decisions, resolutions, enactments, actions, procedures, operations, and activities;

(b) Government agencies shall identify specific and classes of official records in their
custody or control that have continuing historical, administrative, informational, legal,
evidentiary, or research value for preservation by such agencies of their legitimate successors,
or for transfer to the National Archives of the Philippines. In addition, the National Archives
of the Philippines shall likewise identify specific and classes of official records that it shall
require agencies to preserve and transfer it.


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

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

2) Records of government contracts;

3) The declaration under oath of the assets, liabilities and net worth of public
officers and employees, as required by law; and

4) Records of official investigations on graft and corruption of public officers.

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

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

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

3) A specifications of the roles and responsibilities of agency personnel in the
implementation of such system and schedule.

¢) In addition to its function as repository of all rules and regulations issued by
agencies as provided under Book VII. Chapter II of the Administrative Code of 1987, the
university of the Philippines law Center, in coordination with the National Printing Office as
the agency with exclusive printing jurisdiction over the Official Gazette, shall maintain a
database, and publish the same in print in Official Gazette or in digital or online form, the
following: 1) All laws of the Philippines and their amendments , from the period of the
Philippine Commission to the present; 2) All presidential issuances from November 15, 1935
to the present, including but limited, to executive orders, presidential proclamations,
administrative orders, memorandum circulars, general orders, and other similar issuances; 3)
A database of all appointments made by the President of the Philippines; and 4) Opinions of
the Secretary of Justice.

SEC. 16. 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:

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

Q) 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



(6)
)
(8)

(b) Accessibility of Language and Form — Evei

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.

government agency shall endeavor to

translate key information into major Filipino languages and present them in popular form and

means.

(c) 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. 17. Criminal Liability and Administrative Liability. — The penalty of
imprisonment of not less than one (1) 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 the
same office or agency responsible for officially acting on the request when such is
the direct cause of the failure to disclose the information within the periods
required by this Act;

(b) 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 information;

(3) Destroy information being requested for the purpose of
frustrating the requester’s access thereto;

(4) Claim an exception under Section 7 of this Act, or under the
Constitution, when the claim is manifested devoid of factual

(5) Refuse to comply with the decision of his immediate supervisor,
the Ombudsman of the court ordering the release of information
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 of any of the transaction enumerated in Section 14(a) of this
Act shall knowingly refuse, to direct the mandatory posting or uploading of such

transaction despite the agency capa

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(a) of this Act;

(d) Any public officer or employee who shall destroy, or cause to destroy, records of
information covered by Section 15(c) of this Act;

(e) Any public officer who formulates policies, rules and regulations manifestly
contrary to the provision 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 cause the commis
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. 18. 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 III, Section 7 of the 1987 Constitution.

SEC. 19. 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. 20. Repealing Clause. — All laws, decrees, executive orders, rules and
regulation, issuances or any part thereof inconsistent with the provisions of this Act,
including Memorandum Circular No. 78 dated 14 August 1964 (Promulgating Rules
Governing Security of Classified Matter in Government Offices). as amended, and Section 3,
Rule IV of the Rules Implementing Republic Act No. 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees), are deemed repealed

SEC. 21. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

Approved,