FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
S. No. 
162 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
EXPLANATORY NOTE 
Article III, Section 7 of the 1987 Constitution states that, "The right of the people 
to information on matters of public concern shall be recognized. Access to official 
records, and to documents and papers pertaining to official acts, transactions, or 
decisions as well as to government research data used as basis for policy development, 
shall be afforded the citizen, subject to such limitations as may be provided by law." 
This popular section is enshrined in the Bill of Rights of the Constitution. 
This bill, once enacted into law, is a great step towards that aspiration of our 
people. Our people have been, many times, given a roundabout by government 
agencies whenever they ask for data or information from our government agencies. 
Under the proposed measure, we have provided a section that will impose 
criminal and administrative liability on any public officer or employee who would refuse 
or deny a request for data or Information without valid reasons as specified in the bill. 
To answer the concerns of some that such release of data or information would 
compromise or endanger national security, we have instituted enough safeguards and 
provided exceptions when faced with such scenario. 
This measure is long overdue. More than 20 years since the Filipino people 
overwhelmingly ratified our present Constitution, Congress has yet to pass an enabling 
law that will operationalize this constitutional provision on the "Right to Information." 
Thus, speedy passage of this measure is earnestly sought. 
-


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
Introduced by Senator JUAN MIGUEL F. ZUBIRI 
AN ACT 
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS 
OF PUBLIC CONCERN GUARANTEED UNDER SECTION 7, ARTICLE 11/ OF THE 
1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE 
OF ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION 28, 
ARTICLE II 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: 
1 
SECTION 1. Title. - This Act shall be known as the "Freedom of Information Act 
2 
of 2010". 
3 
4 
SEC. 2. Declaration of Policy. - The State recognizes the right of the people to 
5 
information on matters of public concern, and adopts and implements a policy of full 
6 
public disclosure of all its transactions involving public interest, subject to the 
7 
procedures and limitations provided by this Act. This right is indispensable to the 
8 
exercise of the right of the people and their organizations to effective and reasonable 
9 
partiCipation at all levels of social, political and economic decision-making. 
10 
11 
SEC. 3. Coverage. - This Act shall cover all government agencies as defined 
12 
under Section 4 of this Act. 
13 
14 
SEC. 4. Definition of Terms. - As used in this Act: 
15 
(a) "Information" shall mean any knowledge, record, document, paper, report, letters, 
16 
contract, minutes and transcripts of official meetings, maps, books, photographs, data, 
17 
research material, film, sound and video recordings, magnetic or other tapes, electronic 
18 
data, computer stored data, or any other like or similar data or material recorded, stored 
19 
or archived in whatever form or format, which are made, received or kept in or under the 
20 
control and custody of my government agency pursuant to law, executive order, rules 


1 
and regulations, ordinance or in connection with the performance or transaction of 
2 
official business by any government agency. 
3 
b) "Government agency" shall include the executive, legislative and judicial branches as 
4 
well as the constitutional bodies of the Republic of the Philippines including, but not 
5 
limited to, the national government and all its agencies, departments, bureaus, offices 
6 
and instrumentalities, constitutional commissions and constitutionally mandated bodies, 
7 
local governments and all their agencies, regulatory agencies, chartered institutions, 
8 
government-owned or controlled corporations, including wholly-owned or controlled 
9 
subsidiaries, government financial institutions, state universities and colleges, the 
10 
Armed Forces of the Philippines, the Philippine National Police, all offices in the 
11 
Congress or the Philippines including the offices of Senators and Representatives, the 
12 
Supreme Court and all lower courts established by law. 
13 
(c) "Official records" shall refer to information produced or received by a public officer or 
14 
employee, or by a government agency in an official capacity or pursuant to a public 
15 
function or duty, and is not meant to be a stage or status of the information. 
16 
(d) "Public records" shall include information required by law, executive orders, rules, or 
17 
regUlations to be entered, kept and made publicly available by a government agency. 
18 
19 
SEC. 5. Presumption. - There shall be a legal presumption in favor of access to 
2(') 
information. Accordingly, government agencies shall have the burden of proof of 
21 
showing by clear and convincing evidence that the information requested is exempted 
22 
from disclosure by this Act. 
23 
24 
SEC. 6. Access to Information. - Government agencies shall make available to 
25 
the public for scrutiny, copying and reproduction in the manner provided by this Act, all 
26 
information pertaining to official acts, transactions or deCisions, as well as government 
27 
research data used as basis for policy development, regardless of their physical form or 
28 
format in which they are contained and by whom they were made. 
29 
30 
SEC. 7. Exceptions. - Subject to the qualifications set forth in Section 8 of this 
31 
Act, access to information may be denied when: 
32 
(a) The revelation of the information requested will create a clear and present danger of 
33 
war, invasion or any external threat to the State as determined by the Office of the 
34 
President and/or the Secretary of the Department of National Defense; 
35 
(b) The information requested pertains to the foreign affairs of the Republic of the 
36 
Philippines, when its revelation would unduly weaken the negotiating position of the 
37 
government in an ongoing bilateral or multilateral negotiation or seriously jeopardize 
2 


1 
the diplomatic relations of the Philippines wit11 one or more states with which it 
2 
intends to keep friendly relations; 
3 
(c) The information requested pertains to internal and external defense and law 
4 
enforcement, when the revelation thereof would render a legitimate military 
5 
operation ineffective, unduly compromise the prevention, detection or suppression of 
6 
a criminal activity, or endanger the life or physical safety of confidential or protected 
7 
sources or witnesses, law enforcement and military personnel or their immediate 
8 
families. Information relating to the details of the administration, budget and 
9 
expenditure, and management of the defense and law enforcement agencies shall 
10 
always be accessible to the public; 
11 
(d) The information requested pertains to the personal information of a natural person 
12 
other than the requesting party, and its disclosure would constitute a clearly 
13 
unwarranted invasion of his or her personal privacy, unless it forms part of a public 
14 
record, or the person is or was an official of a government agency and the 
15 
information requested relates to his or her public function, or the person has 
16 
consented to the disclosure of the requested information; 
17 
(e) The information requested pertains to trade, industrial, financial or commercial 
18 
secrets of a natural or juridical person other than the requesting party, obtained in 
19 
confidence by, and/or filed with a government agency, whenever the revelation 
20 
thereof would seriously prejudice the interests of such natural or juridical person in 
21 
trade, industrial, financial or commercial competition, unless such natural or juridical 
22 
person has consented to the disclosure of the requested information; 
23 
(f) The information requested is privileged from production in legal proceedings by law 
24 
or by the Rules or Court, unless the person entitled to the privilege has waived it; 
25 
(g) The information requested is exempted by law, in addition to those provided in this 
26 
Section; 
27 
(h) The information requested is obtained by any committee of either House of 
28 
Congress in executive session, whenever such information falls under any of the 
29 
foregoing exceptions; and 
30 
(i) The information requested consists of drafts of decisions by any executive, 
31 
administrative, judicial or quasi-judicial body in the exercise of their adjudicatory 
32 
functions whenever the revelation thereof would reasonably tend to impair the 
33 
impartiality of verdicts, or otherwise obstruct the administration of justice. 
34 
35 
SEC. 8. Qualifications. - Even if the information requested falls under the 
36 
exceptions set forth in the preceding section, access to information shall not be denied 
37 
if: 
3 


1 
(a) The information requested may be reasonably severed from the body of the 
2 
information which would be subject to the exceptions; 
3 
(b) The public interest in the disclosure outweighs the harm to the interest sought to be 
4 
protected by the exceptions; or 
5 
(c) The requesting party is either House of Congress, or any of its Committees, unless 
6 
the disclosure will constitute a violation of the Constitution. 
7 
8 
SEC. 9. Procedure of Access. - (a) Any person who wishes to obtain 
9 
information shall submit a request to the government agency concerned personally, by 
10 
mail, or through electronic means. The request shall state the name and preferred 
11 
contact information of the requesting party, and reasonably describe the information 
12 
required, the reason for the request of the information and the preferred means by 
l3 
which the government agency shall communicate such requested information to the 
14 
requesting party: Provided, that the stated reason, or the failure to state the reason for 
15 
the request of the information, shall not be used as a ground to deny the request or to 
16 
refuse the acceptance of the request, unless such reason is contrary to law. If the 
17 
request is submitted personally, the requesting party shall show his current identification 
18 
card issued by any government agency, or government or private employer or school, 
19 
or a community tax certificate. If the request is submitted by mail or through electronic 
20 
means, the requesting party may submit a photostatic or electronically scanned copy of 
21 
the identification, or other convenient means as determined by the agency. 
22 
(b) The request shall be stamped by the government agency, indicating the date and 
23 
time of receipt and the name, rank, title and position of the receiving public officer or 
24 
employee with the corresponding signature, and a copy thereof furnished to the 
25 
requesting party. In case the request is submitted by electronic means, the government 
26 
agency shall provide for an equivalent means by which the requirements of this 
27 
paragraph shall be met. 
28 
(c) The request may indicate the following preferred means of communication: 
29 
(1) A true copy of the information requested in permanent or other form; 
30 
(2) An opportunity to inspect the requested information, using equipment 
31 
normally available to the government agency when necessary; 
32 
(3) An opportunity to copy the requested information using personal equipment; 
33 
(4) A written transcript of the information requested contained in an audio or 
34 
visual form; 
35 
(5) A transcript of the content of the information requested, in print, sound or 
36 
visual form, where such transcript is capable of being produced using 
37 
equipment normally available to the government agency; 
38 
(6) A transcript of the requested information from shorthand or codified form; or 
4 


• 
1 
(7) Other reasonable means or format. 
2 
(d) A govemment agency may communicate the information requested in a form other 
3 
than the preferred means whenever such preferred means would unreasonably interfere 
4 
with the effective operation of the agency, or be detrimental to the preservation of the 
5 
record. 
6 
(e) The govemment agency shall comply with such request within seven (7) calendar 
7 
days from the receipt thereof. 
8 
(f) The time limits prescribed in this Section for the production of the requested 
9 
information may be extended whenever there is a need for any of the following: 
10 
(1) To search for and collect the requested information from field facilities or 
11 
other establishments that are separate from the office processing the request; 
12 
(2) To search for, collect and appropriately examine a voluminous amount of 
13 
separate and distinct information which are demanded in a single request; 
14 
(3) Consultation, which shall be conducted in all practicable speed, with another 
15 
government agency or among two (2) or more components of the government 
16 
agency having substantial interest in the determination of the request; and 
17 
(4) To consider fortuitous events or other events due to force majeure or other 
18 
analogous cases. 
19 
(g) The government agency shall, in writing or through electronic means, notify the 
20 
person making the request of the extension, setting forth the reasons for such extension 
21 
and the date when the information requested shall be made available: Provided, that no 
22 
such notice shall specify a date that would result in an extension of more than fifteen 
23 
(15) calendar days from the original deadline. 
24 
25 
SEC. 10. Access Fees. - Government agencies may charge a reasonable fee to 
26 
reimburse the actual cost of reproduction, copying or transcription and the 
27 
communication of the information requested. 
28 
29 
SEC. 11. Notice of Denial. - If the government agency decides 10 deny the 
30 
request, in whole or in part, it shall, within seven (7) calendar days-from the receipt of 
31 
the request, notify the person making the request of such denial iii writing or through 
32 
electronic means. The notice shall clearly indicate the name, rank, title or position of the 
33 
person making the denial, and the grounds for the denial. In case the denial is by 
34 
reason of a claimed exception, the denial shall also state clearly the legitimate aim or 
35 
interest sought to be protected in the confidentiality, and the facts and circumstances 
36 
invoked showing the substantial harm to, or frustration of, the legitimate aim or interest 
37 
that will result in the disclosure of the information requested. Failure to notify the person 
5 


1 
making the request of the denial, or of the extension, shall be deemed a denial of the 
2 
request for access to information. 
3 
4 
SEC. 12. Implementation Requirements. -- (a) For the effective implementation 
5 
of this Act, every government agency shall prepare a Freedom of Information Manual, 
6 
which shall include the following information: 
7 
(1) The location and contact information of the head, regional, provincial and field 
8 
offices, and other' established places where the public can obtain information 
9 
or submit requests; 
10 
(2) The types of information it generates, produces, holds and/or publishes; 
11 
(3) A description of its record-keeping system; 
12 
(4) The person or office responsible for receiving requests for information; 
13 
(5) The procedure for the filing of requests personally, by mail. or through the 
14 
identified electronic means; 
15 
(6) The standard forms for the submission of request and for the proper 
16 
acknowledgement of the request; 
17 
(7) The process for the disposition of the request, including the routing of the 
18 
request to the person or office with the duty to act on the request, the 
19 
decision-making, and the grant or denial of access and its implementation; 
20 
(8) The procedure for the administrative appeal of any denial for access to 
21 
information; 
22 
(9) The schedule of fees; 
23 
(10) The process and procedure for the mandatory disclosure of information 
24 
under Section 14 of this Act; 
25 
(11) Should the agency lack the capacity to comply with Section 14 (a) of this 
26 
Act, a brief description of its plan to facilitate compliance within three (3) years 
27 
from the approval of this Act; and 
28 
(12) Such other information, taking into consideration the unique characteristics 
29 
of an agency, that will help facilitate the effective implementation of this Act. 
30 
(b) The foregoing information shall also be posted in its website and bulletin boards, and 
31 
shall be regularly updated; 
32 
(c) In no case shall the absence of the aforementioned guidelines be a reason for the 
33 
denial of any request for information made in accordance with this Act. 
34 
35 
SEC. 13. Remedies in Cases of Denial. - (a) In all government agencies other 
36 
than the judicial branch-
37 
(1) Every denial of any request for access to information may be appealed to the 
38 
person or office next higher in authority, following the procedure mentioned in 
6 


1 
Section 12 (8) of this Act: Provided, that the appeal must be filed within fifteen 
2 
(15) calendar days from the notice of denial and must be decided within 
3 
fifteen (15) calendar days from filing. Failure of the government agency to 
4 
decide within the aforestated period shall constitute a denial of the appeal; 
5 
and 
6 
(2) Instead of appealing or after the denial of the appeal, the person denied 
7 
access to information may file a verified complaint with the Office of the 
8 
Ombudsman, praying that the government agency concerned be directed to 
9 
immediately afford access to the information being requested. Such complaint 
10 
shall be resolved by the Office of the Ombudsman within sixty (60) calendar 
11 
days from filing, or earlier when time is of the essence taking into account 
12 
such factors as the nature of the information requested, context of the 
13 
request, public interest and danger that the information requested will become 
14 
moot. The Office of the Ombudsman shall promulgate its special rules of 
15 
procedure for the immediate disposition of complaints filed pursuant to this 
16 
Section. Unless restrained or enjoined, the decisions of the Office of the 
17 
Ombudsman shall be immediately executory, without prejudice to review in 
18 
accordance with the Rules of Court. 
19 
(3) Instead of filing a complaint with the Office of the Ombudsman, whenever a 
20 
request for information is denied originally or on administrative appeal, the 
21 
requesting party may file a verified petition for mandamus in the proper court, 
22 
alleging the facts with certainty and praying that judgment be rendered 
23 
ordering the respondent, immediately or at some other time to be specified by 
24 
the court, to disclose the information requested and to pay the damages 
25 
sustained by the requesting party by reason of the denial. The procedure for 
26 
such petition shall be summary in nature. 
27 
(b) In the Judicial Branch - The Supreme Court shall promUlgate the remedies that 
28 
would govern offices under its jurisdiction. 
29 
(c) The remedies under this section are without prejudice to any other administrative, 
30 
civil or criminal action that may arise from the same act. 
31 
(d) The remedies available under this Act shall be exempt from the rules on non-
32 
exhaustion of administrative remedies and the application of the provisions of 
33 
Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 
34 
2004. 
35 
(e) In case the requesting party has limited or no financial capacity, the Public 
36 
Attorney's Office shall be mandated to provide legal assistance to the requesting 
37 
party in availing of the remedies provided under this Act. 
38 
7 


1 
SEC. 14. Mandatory Disclosure of Transactions Involving Public Interest. --- (a) 
2 
Subject to Sections 7 and 8 of this Act, all government agencies shall upload on their 
3 
websites, which shall be regularly updated every fifteen (15) days, all the steps, 
4 
negotiations and key government positions pertaining to definite propositions of the 
5 
government, as well as the contents of the contract, agreement or treaty in the following 
6 
transactions involving pu blic interest: 
7 
(1) Compromise agreements entered into by a government agency with any person 
8 
or entity involving any waiver or its rights or claims; 
9 
(2) Private sector participation agreements or contracts in infrastructure and 
10 
development projects under Republic Act No. 6957, as amended by Republic Act 
11 
No. 7718, authorizing the financing, construction, operation and maintenance of 
12 
infrastructure projects; 
13 
(3) Procurement contracts entered into by a govemment agency; 
14 
(4) Construction or concession agreements or contracts entered into by a 
15 
government agency with any domestic or foreign person or entity; 
16 
(5) Loans, grants, development assistance, technical assistance and programs 
17 
entered into by a govemment agency with official bilateral or multilateral 
18 
agencies, as well as with private aid agencies or institutions; 
19 
(6) Loans from domestic and foreign financial institutions; 
20 
(7) Guarantees given by any government agency to government-owned or -
21 
controlled corporations and to private corporations, persons or entities; 
22 
(8) Public funding extended to any private entity; 
23 
(9) Bilateral or multilateral agreements and treaties in defense, trade, economic 
24 
partnership, investments, cooperation and similar binding commitments; or 
25 
(10) Licenses, permits or agreements given by any government agency to any 
26 
person or entity for the extraction and/or utilization of natural resources. 
27 
28 
A summary list of the foregoing information uploaded in the website shall be 
29 
posted in the bulletin boards of the concerned government agency. 
30 
31 
(b) The information uploaded in the website under letter (a) of this Section may 
32 
be withdrawn after a period of three years from the time of uploading: Provided; that an 
33 
abstract of the information withdrawn shall remain uploaded in the website, containing a 
34 
brief description of the transaction and an enumeration of the information withdrawn, 
35 
and indicating the dates of posting and withdrawal. 
36 
37 
(c) Should an agency lack the capacity to comply with letter (a) of this Section, 
38 
the agency shall initiate a capacity-building program, or coordinate with another 
8 


1 
appropriate agency, to facilitate substantive compliance not later than three (3) years 
2 
upon approval of this Act. 
3 
4 
SEC. 15. Promotion of Openness in Government.-
5 
(a) Duty to Publish Information - Government agencies shall regularly publish, print and 
6 
disseminate at no cost to the public and in an accessible form, in conjunction with RA 
7 
9485, or the Anti-Red Tape Act of 2007, and through their website, timely, true, 
8 
accurate and updated key information including, but not limited to: 
9 
(1) A description of its mandate, structure, powers, functions, duties and 
10 
decision-making processes; 
11 
(2) A description of the frontline services it delivers and the procedure and length 
12 
of time by which they may be availed of; 
13 
(3) The names of its key officials, their powers, functions and responsibilities, and 
14 
their profiles and curriculum vitae; 
15 
(4) Work programs, development plans, investment plans, projects, performance 
16 
targets and accomplishments, and budgets, revenue allotments and 
17 
expenditures; 
18 
(5) Important rules and regulations, orders or decisions;: Provided, that they be 
19 
published within fifteen (15) calendar days from promulgation; 
20 
(6) Current and important database and statistics that it generates; 
21 
(7) Bidding processes and requirements; and 
22 
(8) Mechanisms or procedures by which the public may participate in or 
23 
otherwise influence the formulation of policy or the exercise of its powers. 
24 
25 
(b) Keeping of Records - Government agencies shall maintain and preserve their 
26 
records in a manner that facilitates easy identification, retrieval and communication to 
27 
the public. They shall establish Management Information Systems (MIS) to strengthen 
28 
their capability to store, manage and retrieve records, and to facilitate access to public 
29 
records. The following shall not be destroyed: 
30 
(1) Records pertaining to loans obtained or guaranteed by the government; 
31 
(2) Records of government contracts; 
32 
(3) The declaration under oath of the assets, liabilities and net worth of public 
33 
officers and employees, as required by law; 
34 
(4) Records of official investigations on graft and corrupt practices of public 
35 
officers; and 
36 
(5) Other records where there is a significant public interest in their preservation 
37 
or where there is likely to be such interest in the future. 
38 
9 


1 
(c) Accessibility of Language and Form - Every government agency shall endeavor to 
2 
translate key information into major Filipino languages and present them in popular form 
3 
and means. 
4 
(d) Improving Capability - Every government agency shall ensure the provision of 
5 
adequate training for its officials to improve awareness of the right to information and 
6 
the provisions of this Act, and to keep updated of best practices in relation to 
7 
information disclosure, records maintenance and archiving. 
8 
9 
SEC. 16. Criminal Liability and Administrative Liability. - The penalty of 
10 
imprisonment of not less than one (1) month but not more than six (6) months shall be 
11 
imposed upon: 
12 
(a) Any public officer or employee receiving the request under Section 9 of this 
13 
Act who shall fail to promptly forward the request to the public officer within 
14 
the same office or agency responsible for officially acting on the request when 
15 
such is the direct cause of the failure to disclose the information requested 
16 
within the periods required by this Act; 
17 
(b) Any public officer or employee responsible for officially acting on the request, 
18 
who shall: 
19 
(1) Fail, to act on the request within the periods required by this Act; 
20 
(2) Knowingly deny the existence of existing requested information; 
21 
(3) Destroy information being requested for the purpose of frustrating the 
22 
requesting party's access thereto; 
23 
(4) Claim an exception under Section 8 of this Act, or under the Constitution, 
24 
when the claim is manifestly devoid of factual basis; or 
25 
(5) Refuse to comply with the decision of his immediate supervisor, the 
26 
Ombudsman or the court ordering the release of the information requested 
27 
that is not restrained or enjoined by a court; 
28 
(c) The head of office of the government agency directly and principally 
29 
responsible for the negotiation and perfection of any of the transactions 
30 
enumerated in Section 13 (a) of this Act, who shall knowingly refuse, to direct 
31 
the mandatory posting or uploading of such transaction despite the agency 
32 
capacity to implement such directive. The same penalty shall be imposed 
33 
upon the public officer or employee who, despite a directive from the head of 
34 
office, shall fail, to post or upload any of the transactions enumerated in 
35 
Section 14 of this Act; 
36 
(d) Any public officer or employee who shall destroy, or cause to destroy, records 
37 
of information covered by Section 15 (b) of this Act; 
10 


1 
(e) Any public officer who formulates policies, rules and regulations manifestly 
2 
contrary to the provisions of this Act, and which policies, rules and regulations 
3 
are the direct cause of the denial of a request for information; or 
4 
(f) Any public or private individual who knowingly induced or caused the 
5 
commission of the foregoing acts under this section. 
6 
7 
The foregoing shall be without prejudice to any administrative liability of the 
8 
offender under existing laws and regulations. 
9 
10 
SEC. 17. Act Not a Bar to Claim of Right to Information Under the 
11 
Constitution. - No provision of this Act shall he interpreted as a bar to any claim of 
12 
denial of the right to information under Article III, Section 7 of the 1987 Constitution. 
13 
14 
SEC. 18. Separability Clause. - If, for any reason, any section or provision of 
15 
this Act is held unconstitutional or invalid, no other section or provision shall be affected. 
16 
17 
SEC. 19. Repealing Clause. - All laws, decrees, executive orders, rules and 
18 
regulations, issuances or any part thereof inconsistent with the provisions of this Act, 
19 
including Memorandum Circular No. 78 dated 14 August 1964 (Promulgating Rules 
20 
Governing Security of Classified Matter in Government Offices), as amended, and 
21 
Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of Conduct 
22 
and Ethical Standards for Public Officials and Employees), are deemed repealed. 
23 
24 
SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days after its 
25 
publication in at least two (2) national newspapers of general circulation. 
26 
27 
Approved, 
11