^ O ' (Dffi'tr of (hr #.• f !•[ .rp
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Second Regular Session 
)
24 MAY 13 A9
Rt'CEIi tDBV:
SENATE
o p f? M
S. No.
Introduced by SENATOR FRANCIS “TOL” N. TOLENTINO
AN ACT
PRESCRIBING FOR A UNIFORM SYSTEM GOVERNING THE SECURITY OF 
CLASSIFIED MATTER IN GOVERNMENT OFFICES, PROVIDING THE 
PROCEDURES IN CLASSIFYING, SAFEGUARDING, AND DECLASSIFYING 
INFORMATION, THEREBY IMPOSING PENALTIES IN CASES OF LEAKAGE, 
BREACH, AND/ OR VIOLATION OF ANY PROVISION OF THIS ACT
EXPLANATORY NOTE
Article II Section 4 of the 1987 Constitution states that the prime duty of the 
Government is to serve and protect the people, as well as to secure the sovereignty of 
the State and the integrity of our national territory. This state principle should go hand in 
hand with the policy of the State to adopt and implement a policy of full public disclosure 
of all its transactions involving public interest, subject to reasonable conditions prescribed 
by law. Thus, throughout the years, several issuances were issued by the executive 
department from different administrations, setting forth the rules, guidelines, and 
procedures governing classified matters in government offices.
In 1964, the Office of the President through Executive Secretary Calixto O. Zaldivar 
released Memorandum Circular No. 78, promulgating the rules governing the security of 
classified matter in government offices1. Then President Gloria Macapagal-Arroyo
1https://www.officialgazette,gov.ph/1964/08/14/memorandum-circular-no-78-s-1964-
2/#:~:text=%E2%80%93%20No%20person%20in%20the%20Government,Head%20or%20his%20authori
zed%20representative.


released Executive Order No. 608 series of 2007, establishing a national clearance 
system for government personnel with access to classified matters2. And lastly, in 2016 
President Rodrigo Roa Duterte signed Executive Order No. 2, operationalizing in the 
executive branch the people’s constitutional right to information and the state policies to 
full public disclosure and transparency in the public service providing for its guidelines3.
By virtue of these issuances, the National Economic and Development Authority 
(NEDA) also issued its Freedom of Information Guidelines on 25 November 2016 which 
defined the balance between the need to grant the public maximum access to documents 
of public interest in its possession and the agency’s obligation to ensure the accuracy and 
integrity of its documents, safeguard the deliberative process, and promptly respond to 
request without hampering normal operations4.
Government documents are always at constant risk of being accessed for a 
purpose inimical to our national interest.5 The infraction is often done within the 
bureaucracy as relevant information especially on classified matters are intercepted in 
order to accomplish their unlawful goals. Thus, it is the duty and responsibility of all 
government departments, agencies, and offices to implement security measures that will 
protect and ensure the integrity and sanctity of classified matters they have access to or 
in their possession.
This bill seeks to codify all previously released executive orders and memorandum 
circulars that dealt with the custody, control, and handling of confidential matters for the 
purpose of having a uniform system and standard operating procedure for all government 
offices in dealing with such important matters. The addition of concomitant liability, on 
any person who violates the provisions of this proposed measure, will strengthen and 
safeguard the integrity of public officials and employees in the conduct of their work.
2 https://www.officialgazette.gov.ph/2007/03/30/executive-order-no-608-s-2007/
3 https://www.officialgazette.gov.ph/2016/07/23/executive-order-no-02-s-2016/
4 https://neda.gov.ph/wp-content/uploads/2017/09/OC-No.-06-2016.pdf
5 https://www.officialgazette.gov.ph/2007/03/30/executive-order-no-608-s-2007/


Indeed, a strong and reliable security system is needed to be put in place, 
especially now that there has been rampant increase in security breaches in various 
government agencies, in addition to the heightened tension in the West Philippine Sea.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
JIS “TOL” N. TOLENTINO
Senator


<--rrnr : * 
r't.'ij , ■ 
u""
■'rjsj. ,ii ■/i®fiicr of llif S- r ft l i>
NINETEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES }
Second Regular Session 
}
SENATE
S. No. 2667
24 MAY 13
Introduced by Senator Francis “Tol” N. Tolentino
AN ACT
PRESCRIBING FOR A UNIFORM SYSTEM GOVERNING THE SECURITY OF 
CLASSIFIED MATTER IN GOVERNMENT OFFICES, PROVIDING THE 
PROCEDURES IN CLASSIFYING, SAFEGUARDING, AND DECLASSIFYING 
INFORMATION, THEREBY IMPOSING PENALTIES IN CASES OF LEAKAGE, 
BREACH, AND/ OR VIOLATION OF ANY PROVISION OF THIS ACT
Be it enacted by the Senate and House of Representatives of the Republic of the 
Philippines In Congress assembled:
1 
SEC. 1. Short Title. - This Act shall be known as the “National Security Information
2 
Clearance Act.”
3 
SEC. 2. Declaration of Policy. - It is the policy of the State to adopt and implement a
4 
policy of full public disclosure of all its transactions involving public interest, subject to
5 
reasonable conditions prescribed by law. At the same time, it is also the prime duty of the
6 
Government to serve and protect the people, as well as to secure the sovereignty of the
7 
State and the integrity of our national territory.
8 
SEC. 3. Scope and Applicability. - This Act shall provide for a uniform system
9 
prescribing the procedures in classifying, reclassifying, and declassifying of classified
10 
matters in government offices, as well as the processing, storage, and destruction of
11 
such.
12 
This Act shall guarantee the right of the people to information on matters of public
13 
concern while maintaining the confidentiality, integrity, and security of classified matters
14 
or information.
15 
SEC 4. Definition of Terms.-
16 
a. “Access” means the ability or opportunity to gain knowledge of classified
17 
information.
18 
b. “Classified information” or ‘‘classified matter” refers to any matter that has been
19 
determined pursuant to this Act or any preceding law and / or issuances to require
1


1
2
protection against unauthorized disclosure and is identified or marked to indicate 
its classified status.
3
4
6
7
8 
9
10
11
12
13
14
c. “Custodian” is an individual who has possession of or is otherwise charged with 
the responsibility of safeguarding and accounting of classified matter.
d. “Damage” includes any of the following, whether permanent or temporary:
(i) 
Destruction;
(ii) 
Alteration;
(iii) 
Contamination;
(iv) 
Interference;
(v) 
Loss of or reduction in access or availability: and
(vi) 
Loss of or reduction in function, utility, or reliability.
e. “Derivative Classification Authority” is the authority granted to officers who are 
required to give comments or responses to a communication that necessitates a 
classified matter.
15 
f. “yWaffer” includes everything, regardless of its physical character, on, or in which
16 
information is recorded or embodied. Documents, equipment, projects, books,
17 
reports, articles, notes, letters, drawings, sketches, plans, photographs,
18 
recordings, machinery, models, apparatus, devices, and all other products or
19 
substances fall within the general term “matter”. Information which is transmitted
20 
orally is considered as “matter” for purposes of security.
21 
g. “Need to know” is the principle whereby access to classified matter may only be
22 
given to persons whose access to specific classified information is required to
23 
perform or assist in a lawful and authorized governmental function.
24 
h. “Original Classification Authority”is the authority exclusively rested upon the Head
25 
of the Department. When the necessity for such arises, this power may be
26 
delegated to authorized officers whose name and position shall be identified;
27 
provided, that, each delegation shall be in writing and the authority shall not be
28 
redelegated.
29 
i. “Physical security” is the safeguarding by physical means, such as guards, fire
30 
protection measures and other similar means, of information, personnel, property,
31 
utilities, facilities and installations against compromise, trespass, sabotage,
32 
pilferage, theft, espionage or any other dishonest or criminal act.
33 
j. “Prohibited Conduct” refers to coercion of any kind and misrepresentation that
34 
involve the use of the classified matter, not limited to the following:
35 
i. Damaging or destroying, or threatening to damage or destroy, a person’s
36 
property:


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
ii. 
Damaging or threatening to damage a person’s reputation;
iii. 
Causing or threatening to cause financial loss to a person;
iv. 
Using or threatening to use violence against a person;
V. Causing misrepresentation to the veracity of the classified matter; and
vi. Making use of misrepresentation of the classified matter in a way that would 
cause interference to any proceedings.
k. “Security Clearance” \s the certification by a responsible authority that the person 
described is cleared for access to classified matter at the appropriate level.
l. 
“Sensitive Personal Information” as defined under the Data Privacy Act of 2012, 
shall refer to the following personal information:
i. 
About an individual race, ethnic origin, marital status, age, color, and 
religious philosophical or political affiliations;
ii. 
About an individual health, education, genetic or sexual life of a person, or 
to any proceedings for any offense committed or alleged to have committed 
by such person, the disposal of such proceedings or the sentence of any 
court in such proceedings;
Issued by government agencies peculiar to an individual which includes, but 
is not limited to, social security number, previous or current health records, 
licenses or its denials, suspension or revocation, and tax returns; and 
Specifically established by an executive order or an act of Congress to be 
kept classified.
III.
IV.
SEC. 5. Coverage. - This Act shall cover all government agencies. Government agency 
or agencies shall include the executive, legislative, and judicial branches as well as 
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 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 Senators and Representatives, the Supreme Court, 
and all lower courts established by law.
Nothing herein shall preclude the Supreme Court from exercising its power to 
promulgate rules regarding the admissibility of any matter described in this Act.
SEC. 6. Classification categories. -
a. Official matter which requires protection in the interest of national security shall be 
limited to three categories of classification which, in descending order of importance, shall 
carry one of the following designations:
39
(1) TOP SECRET


1 
(2) SECRET
2 
(3) CONFIDENTIAL
3 
b. The classifications mentioned above shall not be attached to a matter, which does not
4 
involve national security, or which does not relate to any of those enumerated in Section
5 
7.
6 
SEC. 7. Definition of Categories. -
7 
(1) Top Secret - information or material (matter), the unauthorized disclosure of
8 
which reasonably could be expected to cause exceptionally grave damage to the
9 
national security that the original classification authority is able to identify or 
describe.
reasonably could be expected to cause serious damage to the national security 
that the original classification authority is able to identify or describe.
which reasonably could be expected to cause damage to the national security that 
the original classification authority is able to identify or describe.
SEC. 8. Classification Prohibitions and Limitations. -
or fail to be declassified to:
1. conceal violations of law, inefficiency, or administrative error;
2. prevent embarrassment to a person, organization, or agency;
3. restrain competition; or
4. prevent or delay the release of information that does not require protection 
in the interest of the national security.
not be classified.
Information that has not previously been disclosed to the public under proper 
authority may be classified or reclassified after an agency or department has 
received a request for it under the Freedom of Information and is accomplished on 
a document-by-document basis with the personal participation or under the 
direction of the head or clearance officer.
Compilations of items of information that are individually unclassified may be 
classified if the compiled information reveals an additional association or 
relationship that: (1) meets the standards for classification under this Act; and (2) 
is not otherwise revealed in the individual items of information.
10
11
12
(2)
13
14
15
(3)
16
17
SEC. 1
18
A.
19
20
21
22
23
24
25
B.
26
27
C.
28
29
30
31
32
D.
33
34
35


1 
SEC. 9. Safeguarding of Classified Matter. - A person may have access to classified
2 
information provided that:
3 
1. 
the person has obtained a Security Clearance under this Act;
4 
2. 
the person has signed an approved nondisclosure agreement; and
5 
3. 
the person has a need to know the information.
6 
Derivative classification authority may be granted to those officers who are required to
7 
give comments or responses to a communication that necessitates any information that
8 
is already classified. Such authority may include incorporating, paraphrasing, restating,
9 
or generating in new form any classified matter. The duplication or reproduction of existing
10 
classified information is not derivative classification.
11 
SEC. 10. Electronic Copies of Classified Matter. - The Head of Department shall
12 
ensure that access to electronic copies of classified matter is safeguarded in the same
13 
way as physical copies thereof as provided under Section 9 of this Act.
14 
Any device that stores, collects, transmits, communicates, disseminates, or processes
15 
electronic copies of classified matter shall be subject to similar and applicable physical
16 
security measures. The database of electronic copies shall be complemented with a
17 
reliable full database backup server in place equipped with a strong security system in
18 
place.
19 
SEC. 11. Reclassification and Declassification. -
20 
A. Responsibility for Reclassification - Each Department Head shall keep under
21 
continuing review all classified information in his custody, or of primary interest to
22 
him, and will initiate downgrading or declassifying action as soon as conditions
23 
warrant. In obvious cases of overclassification or underclassification, higher
24 
authority may adjust the classification without referral to the originator, except to
25 
notify the originator of the change of classification.
26 
B. Regrading - If the recipient of classified matter believes that it has been classified
27 
too highly, he may request the originator for its downgrading or declassification. If
28 
the recipient of unclassified material believes that it should be classified or if the
29 
recipient of classified material believes that its classification is not sufficiently
30 
protective, the recipient may request the originator to classify the material or
31 
upgrade it.
32 
C. Downgrading or Declassification - Holders of classified matter may downgrade or
33 
declassify them when circumstances do not warrant retention in the original
34 
classification, provided the consent of the appropriate classification authority has
35 
been obtained. The downgrading or declassification of extracts from or
36 
paraphrases of classified documents also require the consent of the appropriate
37 
classification authority. Any matter which has been classified by a friendly foreign
38 
nation or international organization or another Department of the Philippine


1 
Government may be downgraded or declassified only with the consent of the
2 
originator.
3 
D. Except for documents classified as Open and Available, the authority to reclassify
4 
and declassify documents shall be exercised only by the Head of the Department,
5 
or duly authorized representative. In the delegation of the original classification
6 
authority, the Head of the Department shall ensure that designees are identified
7 
by name or position and have security clearance to exercise such authority or task.
8 
Each delegation shall be in writing and the authority shall not be redelegated.
9 
SEC. 12. Duration of Classification. - The original classification authority shall
10 
establish a specific date for declassification based upon the duration of the security
11 
sensitivity of the classified matter. Upon reaching the mentioned date, the classified
12 
matter shall be automatically declassified.
13 
No information may remain classified indefinitely. Information marked for indefinite
14 
duration of classification under a predecessor law or issuance, or classified information
15 
that contains incomplete declassification instructions or lacks declassification instructions
16 
shall be declassified.
17 
In some exceptional cases, however, when the need to protect such information may be
18 
outweighed by the public interest in disclosure of the information, the Head of the
19 
Department shall determine, as an exercise of discretion, whether the public interest in
20 
disclosure outweighs the damage to the national security that might reasonably be
21 
expected from disclosure.
22 
SEC. 13. Custody and Accounting of Classified Matter. - Heads of Departments
23 
handling classified matter shall issue orders designating their respective custodians of
24 
classified matter.
25 
Among the tasks of custodians include storing all classified matter; maintaining a
26 
registry of classified matter showing all classified matter received and to whom
27 
transmitted; maintaining a current roster of persons authorized access to classified matter
28 
for each classification in the office; and ensuring security of classified matter, whether
29 
physical or electronic copies.
30 
The Head of the Department shall require inventory of all classified matter in the
31 
custody of his Department at least once a year. Appropriate action on custodial
32 
deficiencies shall be made.
33 
SEC. 14. Clearance Officer. - The Head of the Department shall designate a Clearance
34 
Officer who shall issue a Security Clearance for access of the classified matters and shall
35 
undergo the required trainings every two (2) years from the National Intelligence
36 
Coordinating Agency (NICA) and/or the Department of National Defense.


1 
SEC. 15. Security Clearance. - The security clearance shall be in writing and shall
2 
specifically contain the extent, limitations, and duration of its issuance. Only the Head of
3 
the Department and the Clearance Officer can issue a security clearance after
4 
determining that the person has a “need to know” and has signed an approved NDA.
5 
Personnel granted an Interim Security Clearance or Security Clearance shall not disclose,
6 
share, publish or use the information contained in the classified documents or materials
7 
in any way that violates the clearance issued to them or without proper authority.
8 
SEC. 16. Emergency Disclosure. - In an emergency, when necessary to respond to an
9 
imminent threat to life or in defense of the country, the head of the department or office
10 
may authorize the disclosure of classified matter to an individual or individuals who fail to
11 
secure a security clearance due to the utmost urgency of the circumstance.
12 
Directives and procedures shall be issued by the department or office governing
13 
the classified information and shall be designed to minimize the classified information that
14 
is disclosed under the circumstances and the number of individuals who receive it.
15 
Such disclosures shall be reported promptly to the National Security Council (NSC)
16 
and the DND who may issue an implementing directive governing the emergency
17 
disclosure of classified intelligence information.
18
SEC. 17. Penalties. -
19
20 
21 
22
23
24
25
Administrative Liability - Without prejudice to any criminal case and civil case 
arising therefrom, the unauthorized disclosure, misuse, sharing, publication, use 
of classified documents or materials, or commission of any of the listed prohibited 
conduct defined under this Act, by a public officer or employee, by reason of his 
office, shall be meted by the penalty of dismissal from office and perpetual absolute 
disqualification from holding public office or employment in any branch of the 
government.
26 
B. Criminal Liability - 1. Without prejudice to any other criminal case arising
27 
therefrom, any person who shall cause the unauthorized disclosure, misuse,
28 
sharing, publication, or use of classified documents or materials, or commit any of
29 
the listed prohibited conduct defined under this Act, shall suffer the penalty of six
30 
(6) years to twelve (12) years imprisonment plus a fine not more than two hundred
31 
thousand pesos (P 200,000).
32 
2. If the offender is a public officer or employee, he/she shall suffer the penalty of
33 
twelve (12) years and one (1) day to twenty (20) years imprisonment plus a fine
34 
not less than two hundred thousand pesos (P 200,000) but not more than two (2)
35 
million pesos. In addition, said public officer or employee shall also suffer the
36 
penalty of perpetual absolute disqualification from holding any elective or
37 
appointive position in the government and the forfeiture of all his/her retirement
38 
and other benefits from the government.


1
2
3
4
5
6
3. Any person who shall cause damage, as defined in Sec 4(d) of this Act, to the 
classified matter shall suffer the penalty of twenty (20) years imprisonment plus a 
fine of not less than two hundred thousand pesos (P 200,000) but not more than 
one (1) million pesos. If the offender is a public officer, or the classified matter 
pertains to Top Secret or Secret Information, the penalty of life imprisonment with 
a fine not less than one (1) million pesos but not more than two (2) million pesos.
7 
4. If Top Secret or Secret classified documents affecting national security are
8 
involved, any person who shall cause the unauthorized disclosure, misuse,
9 
sharing, publication, or use of these documents or materials, or commit any of the
10 
listed prohibited conduct defined under this Act, shall suffer the penalty of life
11 
imprisonment and a fine of not less than two (2) million pesos. If the offender is a
12 
public officer or employee, additional penalty of perpetual absolute disqualification
13 
from holding any elective or appointive position in the government and the
14 
forfeiture of all his/her retirement and other benefits from the government shall be
15 
imposed.
16 
5. Any person who shall cause the unauthorized disclosure, misuse, sharing,
17 
publication, or use of these documents or materials, or commit any of the listed
18 
prohibited conduct defined under this Act, in connivance with a foreign power, in
19 
any manner prejudicial to the safety and interest of the Philippines or for the benefit
20 
of any foreign government to the detriment of the Philippines, shall suffer the
21 
penalty of life imprisonment with a fine not less than two (2) million pesos.
22 
SEC. 18. Implementing Guidelines. - The National Security Council, in coordination
23 
with the NICA, relevant departments, and agencies, shall formulate the Implementing
24 
Rules and Regulations for the effective implementation of this Act.
25 
SEC. 19. Separability Clause. - If any of the provisions of this Act is declared
26 
unconstitutional or invalid, the provisions not affected thereby shall continue to be in full
27 
force and effect.
28 
SEC. 20. Repealing Clause. - All acts, laws, decrees, executive orders, letters of
29 
instructions, and regulations or any part thereof which are inconsistent with any provision
30 
of this Act are hereby repealed and or modified accordingly.
31 
SEC.21. Effectivity. - This Act shall take effect after fifteen (15) days from its publication
32 
in at least two (2) newspapers of general circulation or in the Official Gazette.
Approved,