RepupHe Phitippines
HOUSE OF REPRESENTATIVES
‘Quezon City

SIXTEENTH CONGRESS
Firsi Regular Session

House sui wo. 1082

Intoduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

iinis bit, to _De Known as the Freedom ot Information Act of 2013. seeks the
marriage between the righi of the people to information on matiers of pubic concen

fae

the State policy of full public disclosure of all its transactions involving public

of public 2: all the acts and disposition of the
administrat the needs of the general public
and thoir pursul for policy elevant information have to be met, a sine qua non to @
vibrant democracy

Thus, individuats and their organizations should be accorded the right of
‘access to all types of information held by government agencies or public authorities
so they can effectively participate at all tevels of social, political and economic
decision-making.

1 now sivaii dawn upon government to promote this culture of openness with
the end in view of ‘regularly publishing, printing, and disseminating at no cost to the
public and in accessible form timely, true, accurate and updated information’ subject
only to the exceptions sel forth under ihe proposed measure.

munication to the public’ as well as > poate
sets the guidelines for publications and policy.

eamestly sought


Republic of the Philippines

introduced by Rep. Winston T. Castelo

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS
OF PUBLIC CONCERN AND THE STATE POLICY OF FULL PUBLIC
DISCLOSURE OF AiL ITS TRANSACTIONS INVOLVING PUBLIC
INTEREST AND FOR OTHER PURPOSES

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

SECTION 1. Title. — This Act shall be known as the "Freedom of information Act
of 20137.

SEC. 2. Declaration of Policy. — The Siaie recognizes ihe right of the people to
information on matters of public concem, and adopts and implements a policy of full public
disclosure of all its transactions involving public inieresi. This right is indispensable to the
exercise of the people and their organizations to effective and reasonable participation at ail
levels of social, polilical and economic decision-making.

SEC. 3. Coverage. — This Act shail cover all goverment agencies as defined under
Section 4 of this Act.

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

format, which are made, received or kept in or under the control and custody of
any government agency or public authority pursuant to law, executive order,

any agency.
(0) “Government agency shali include the executive, hi sant thee rain



(©) “Official records” shall refer to information produced or received by @ public
p
pursuant to 2 public function or duty, and is not meant to be a stage or status of
the information.

(@) “Public records” shail include information required by law, executive orders,
fuies, or regulations to be entered, kept and made publicly available by 4
government agency.

SEC. 5. Presumption. ~ There shai! be 2 legal presumption in favor of access io

. government agencies shail have the burden of proof of showing by

ear and concing eridence tat tne tformaion requested is exampled from disclosure by
this Act

SEC. & Access to information. — Government agencies shall make available to the

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 revelation of the information requested will create a clear and present
danger of war, invasion or any extemal threat to the Siate as determined and
certified by the Office of the President and/or the Secretary of the Department of

National Defense;

(b) The information requested pertains to the foreign affairs of the Republic of
the Philippines, when its revelation would unduly weaken the negotiating position of
the government fo en ongeiog ete! or mulkieral apatite or earcusly
jeopardize the ¢ relations of the Philppines with one or more states vat
which if intends to keep friendly relations;

sources or witnesses, law enforcement and military personnel or their immediate
families.

(6) The information requested pertains to the personal information of 2
nalurai person other than the requesting party, and its disclosure would constitute 2
clearly unwarranted invasion of his or her personal privacy, unless it forms part of 2
public record, or the person is or was an official of a government agency and the
information requested reiates to his or her public function, or the person consented to
the disclosure of the requested information;

(@) The information requested pertains to trade, industrial, financial or

secrets of a natural or juridical person other than the requesting parly,
obiained in confidence by, and/or filed with a government agency, whenever the

thereof would seriously prejudice the interests of such natural or juridical
person in trade, industrial, financial or commercial competition, unless such natural or
Jureicl person has consented fo ha doccoure of ho requested idsroatio,

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


(g) The information requested is exempied by law, in addition to those
in this Section;
(h) The information requesied is obtained by any committee of either House
‘of Congress in executive session, whenever such information falls under any of the

exceptions;
() The information requested consists of cats of decisions by any execute,

c justice.
{k) The information requested would or would be likely to prejudice the
‘exercise by any government agency of its auditing functions as when it relates to
auxiit or examination of the accounts of other goverment agencies or offices into the
efficiency, economy and effectiveness with which they use their resources to
discharge their public functions.
() The information requested, in the reasonable opinion of a qualified person,
would projudice the effective conduct of public affairs

SEC. 8. Quatifications. — Even if the information falls under the exceptions set forth
in the preceding section, access to information shail not be denied if:
(2) The information requested may be reasonably severed from the body of
the Irformation which would ba subject o exceptions;

{b) The public interest in the disclosure outweighs the hann to the interest
step bi tote tos eaceptonar or

fc) The requesting party is either House of Congress, or any of its
Commitiees, uniess ihe disciosure wii constitute a violation of the Constitution;

‘SEC. 9. Procedure of Access. — (a) Any person who wishes to obtain information
shall submit 2 requesi {o the goverment agency concerned personaily, by mail or through
electronic means. “The request shal state the name and preferred contact contact information of the

reason or the failure to state the reason for the request of the information, shall not be used
as @ ground to deny the request or to refuse the acceptance of the request, unless such

shoe bie care ones cand sie bY 9 goverment agency, or government’ or
Private employer or school, or a community tax ‘oxcortfats Hine et sey ma
or through electronic means, the requesting party may submit a photostalic or
suamod copy of the Kentiioason, or ofier convenient moans as determined by te agoncy..
(b) The request shall be stamped by the government agency, indicating the date and
lime 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 requesiing
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 shali be met.
{c) The request may indicate the following preferred means of communication:
{1) A ruc copy of fhe formation requested in permanent or ober form:
{2} An opportunity to inspect the requested information, using equipment
normally avallable tothe goverment agency when necessery,
(3) An opportunity to copy the requested information using personal
equipment,
(4) A waitten transcript of the information requested coniained in an audio or
visual form;
(5) A transcript of the content of the information requested, in print, sound or



(2 Naneciet of teneted torrie hormaes or cccmmen fore

7) Otter reasonable moans oF form
(6) A goverment agency may communicaie ihe information requested in 2 form
other than the preferred means whenever such prefetred means would unreasonably
interfere with the effective operaiion of the agency, or be detrimentat to the preservation of
the record;
{e) The goverment agency shall comply with such request within seven (7) calendar
days from the receipt thereof.
(© 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 :
(2) To search for and collect the requested information from field facilities or
other that are separate fro the office processing the request
(2) To search for, collect and appropriately examine a voluminous amount of
apatite rd ted irnalion whlch ae emendox ia prada reqoeet
(3) Consultation, which shall be conducted in all practicable speed, with
another goverment agency or among two (2) or more components of the
goverment agency having substantal interest in the determination of the

request; and
(4) To consider fortuitous events or other events dus to force majeure or other
cases,

(9) The government agency shall, in writing or through electronic means, notify the
person making the request of the extension, sofing fort the reasons for such extension and
the date when the information requested shalt be made available: Providod, that no such
notice shalt specify 2 date that would result in a oxtension of more than fifieen (15) calendar
days from the original deadline.

SEC. 10. Access Fees. - Government agencies may charge a reasonabie 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 govormmont agency decides to deny the requesi,
in whole or in part, it shall, within seven (7) calendar days irom the receipt of the request,
notify the person making the request of such denial in writing or through electronic means.
The notice shall cloaily indicate the name, rank, ttle or position of the person making the
denial, and the grounds for the denial. in case the deniai is by reason of a claimed
excoplion, the denial shali siaie Giearly the legitimate aim or interest sought to be protected
in the confidentiality, and the facts and ciscumstances showing the substantial harm to, or
frustration of, the iegiiimate aim or interest thet wil result in the disclosure of the information
requested. Failure to notify the person making the request of the denial, or of the extension,
shail be deemed a Geniai of the request for access to information

SEC. 12. implementation Requirements. — (a) For the effective Implementation of
this Act, every government agency shail prepare a Freedom of information Manual, which

(7) The location and contact information of the head, regione! provincial and fiok!
offices, and other established places where the public can obtain information o

submit requests;
{2) The types of information R gonerstes, produces, holds and/or publishes,
(3) A description ofits record-keeping system;

(4) The person ne responsible for receiving requests for information;

(5) The procedure for the fing of pai by mail, or the

requests personally, by through
(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 with 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 foregoing information shall also be posted in its website and bulletin boards,
and shall be regularly updated;

(c) In no case shall the absence of the aforementioned guidelines 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 procedures
mentioned in Section 12 (8) of this Act: Provided, that the appeal must be
filed 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 filed 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 b the Office of the Ombudsman within sixty
(60) calendar days from filing, or earlier when time is of the essence
taking into account such factors as the nature of the information
requested, context of the request, public interest and danger that the
requested information will become moot. The Office of the Ombudsman
shall promulgate its special rules of procedure for the immediate
disposition of complaints filed pursuant to this Section. Unless restrained
or enjoined, the decision 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 requested and to
pay the damages sustained by the requesting party by reason of the
denial. The procedures for such petition shall be summary in nature.

(b) In the Judicial Branch - The Supreme Court shall promulgate the

remedies that would govern offices under its jurisdiction.

(c) The remedies under this section are without prejudice to any other

administrative, civil or criminal action that may arise from the same act.

(d) The remedies available under this Act shall be exempt from the rules on

non-exhaustion of administrative remedies and the application of the provision 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
requesting party in availing of the remedies provided under this Act.

SEC, 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 the 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 or its rights or claims;

(2) Private sector participation agreements or contracts in infrastructure and
development projects under Republic Act No. 6957, as amended by
Republic Act No. 7718, authorizing the financing, construction, operation
and maintenance of infrastructure projects;

(3) Procurement contracts entered into by government agency;

(4) Construction or concession agreements or contracts entered into by a
government agency with any domestic or foreign person or entity;

(8) 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-
controlled-corporations and to private corporations, persons or entities;

(8) Public funding extended to any private entity;

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

(10)Licenses, permits or agreements given by any government agency to any
person or entity for the extraction andior 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 the agency lack the capacity to comply with letter (a) of this
Section, the agency shall initiate a capacity-building program, or
coordinate with another appropriate agency, to facilitate substantive
compliance not later than three (3) years upon approval of this Act.

SEC. 15. Promotion of Openness to Government. - (a) Duty to Publish
Information - Government agencies shall regularly publish, print and disseminate at no cost
to the public and in an accessible form, in conjunction with R.A. 9485, or the Anti-Red Tape
‘Act of 2007, and through their website, timely, true, accurate and updated key information
including, but not limited to:

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

(2) A description of the frontline services it delivers and the procedure and
length of time by which they may be availed of;



(3) The names of its key officials, their powers, functions and responsibilities,
and their profiles and 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) Current and important database and statistics that it generates;

(7) Bidding processes and requirements; and

(8) Mechanisms or procedures by which the public may participate in or
otherwise influence the formulation of policy or the exercise of its powers.

(b) Keeping of Records- Government agencies shall maintain and preserve their
records in a manner that facilitates easy identification, retrieval and
communication to the public. They shall establish Management Information
System (MIS) to strengthen their capability to store, manage and retrieve
records, and to facilitate access to public records. The following shall not be
destroyed:

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

(2) Records of government contracts;

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

(4) Records of official investigations on graft and corrupt practices of public
officers; and

(6) Other records where there is a significant public interest in their
preservation or where there is likely to be such interest in the future.

(c) Accessibility of Language and Form — Every government agency shall endeavor
to translate key information into major Filipino languages and present them in
popular form and means.

(4) Improving Capability — Every government agency shall ensure the provision of
adequate training to 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.

(e) Publication Scheme ~ Every government agency covered by this Act shall adopt
and maintain a model scheme as guide to its publications and policy. A scheme
must describe the types of information it intends to publish, the manner in which
it will be published and whether there will be a charge.

SEC. 16. 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 requested within the periods
required by this Act;

(b) Any public officer or employee responsible for officially acting on the request, who
shall:

(1) Fail, to act on the request within the periods required by this Act;

(2) Knowingly deny the existence of existing requested information;

(3) Alter, deface, block, erase, destroy or conceal any records held by
government agency or public authority with the intention of preventing its
disclosure to an applicant who requested information is entitled to receive
it;

(4) Claim an exception under Section 8 of this Act, or under the Constitution,
when the claim is manifestly devoid of factual basis; or


(5) Refuse to comply with the decision of his immediate supervisor, the
Ombudsman or the court ordering the release of the information
requested that is not restrained or enjoined by a court;

(c) The head of office of the government agency directly and principally responsible
for the negotiation and perfection of any of the transactions enumerated in
Section 13 (a) of this Act, who shall knowingly refuse, to direct the mandatory
posting or uploading of such transaction despite the agency capacity to
implement such directive. The same penalty shall be imposed upon the public
officer or employee who, despite a directive from the head of office, shall fail, to
post or upload any of the transactions enumerated in Section 14 of this Act;

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

(e) Any public officer who formulates policies, rules and regulations manifestly
contrary to the provisions of this Act, and which policies, rules and regulations are
the direct cause of the denial of a request for information; or

(f) Any public or private individual who knowingly induced or caused the commission
of the foregoing acts under this section.

The foregoing shall be without prejudice to any administrative liability of the offender

under existing laws and regulations.

SEC. 17. Act Not a Bar to Claim of Right to Information Under 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. 18. Separability Clause. — If, for any reason, any section or provi
Act is held unconstitutional or invalid, no other section or provision shall be affected.

no this.

SEC. 19. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of this Act,
including Memorandum Circular No. 78 dated 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 of Ethical
Standards for Public Officials and Employees) are deemed repealed.

SEC. 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

Approved,