Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
sst Regular Session

House nin vod 283

INTRODUCED BY REPRESENTATIVE PIA S, CAYETANO.

EXPLANATORY NOTE

‘A government by the people and for the people presumes the existence of the
right to know. The 1987 Constitution guarantees this very right to information as.
embodied in Section 28 of Article II and Section 7 of Article III

An unimpeded access to information is a testament to a working democracy
‘An environment which permits its citizens to access official records and documents,
among others, enables the subsistence of a participative goverment that is both
transparent and accountable to its people. Through an unobstructed access to
information, the public is able to effectively participate in the policy decision-making
processes of the government. Similarly, the right to information allows the public to
fulfil its imperative role of check and balance. Thereby, the right to information is
deemed as an in integral step towards a country's political maturity and economic
growth,

This bill seeks to strengthen the constitutional right to information, It facilitates
free access to official information that is anchored on the principle of maximum
disclosure with very specific and sound exceptions, With the passage of this long-
pending legislation, a more transparent and accountable government which does not
tolerate graft and corruption is envisioned

In 2015, Philippines ranked 95th out of 186 countries in the Corruption
Perceptions Index. A year prior, Transparency International listed Philippines scoring


35/100 in their survey. Corruption, needless to say, is burdensome to a country and
its nation. A study conducted by World Bank discloses that for every peso that the
government collects, 40 centavos is lost to corruption.

Executive Order (EO) No. 1 was signed on July 24, 2016, The EO states that
every Filipino shall have access to information, records, and documents of all
national and local government agencies under the executive branch. This bill seeks
to strengthen what is already in the said EO and this administration’s stalwart efforts
to fight graft and corruption

Thus, the passage of this bill is of utmost urgency and significance.

in Autaggee

2nd District, Tag)



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
° 2
3783

House Bill No.

INTRODUCED BY REPRESENTATIVE PIA S. CAYETANO

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 DISCLOSURE OF

ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY:
EIGHT, ARTICLE TWO OF THE 1987 CONSTITUION, AND FOR OTHER PURPOSES.

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

SECTION 1. Short Title. ~ This Act shall be known as the “Freedom of Information Act
of 2016.”

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 Act 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 or
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 or kept in or under the control and custody of any government agency
pursuant to law, executive order, rules and regulations, ordinance or in connection with
the performance or transaction of official business by any government agency.

(b) "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



10

30
40
41
42
13
M4
45
46
47
48
49

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.

(c)_ “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
toa public function or duty, and is not meant to be a stage or status of the information.

(d) "Public records” shall include information required by law, executive
orders, rules, or 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 their 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; or
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 information shall be automatically declassified or
subject to mandatory declassification review, and that any reasonable doubt as to
classification and declassification shall be settled in favor of the right to information;

(b) The information requested pertains to internal 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;

{c)_ 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



4

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;

(d) The information requested pertains to wade, 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;

(c) 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;

(f) The information requested is exempted by law or the Constitution, in
addition to those provicled in this section;

(g) 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

(h) The information requested consists of drafts of decisions by any
executive, administrative, judicial or quasi-judicial body in the exercise of theit
adjudicatory functions whenever the revelation thereof would reasonably tend to
impair the impartiality of verdicts, or otherwise obstruct the administration of justice.

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

ibmitted 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.



19
20
ai
2
23

24

26

(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) Atrue 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 or 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.

(9 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 in a 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 for
or other analogous cases

e majeure

(g) The government agency shall, in writing or through electronic means, notify
rson 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,

4


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
9 means. The notice shall clearly indicate the name, rank, title or position of the person
10 making the denial, and the grounds for the denial, In case the denial is by reason of a
11 claimed exception, the denial shall also state clearly the legitimate aim or interest
12 sought to be protected in the confidentiality, and the facts and circumstances invoked
13 showing the substantial harm to, or frustration of, the legitimate aim or interest that
14 will result in the disclosure of the information. Failure to notify the person making the
15 request of the denial, or of the extension, shall be deemed a denial of the request for
16 access to information.

18 SEC. 12. Implementation Requirements. - (a) For the effective implementation of this
all government agencies shall prepare a Freedom of Information Manual, with the
20 end in view of facilitating easy access to information, which shalll include the following,

21 (1) The location and contact information of the head, regional, provincial and
2 field offices, and other established places where the public can obtain
23 information or submit requests;

(2) The types of information it generates, produces, holds and/or publishes;
(3) Adescription of its record-keeping system;

(4) The person or office responsible for receiving requests for information;
(5) _ The procedure for the filing of requests personally, by mail, or through
the identified electronic means;

(6) The standard forms for the submiss
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 fe
(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

on of request and for the proper

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



1 (c) The foregoing information shall also be posted in its website and bulletin
2 boards, and shall be regularly updated;

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

7 SEC, 13. Remedies in Cases of Denial. - (a) In all government agencies other than the
8 judicial branch~

9 (1) Every denial of any request for access to information may be
10 appealed to the person or office next higher in authority, following the procedure
NW mentioned in Section 12(a)(8) of this Act: Provided, That the appeal must be filed
12 within fifteen (15) calendar days from the notice of denial and must be decided
13 within 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; and
15
16 (2) Instead of appealing or after the denial of the appeal, the person
7 denied access to information may file a verified complaint with the Office of the
18 Ombudsman, praying that the government agency concerned be directed to
19 immediately afford access to the information being requested. Such complaint
20 shall be resolved by the Office of the Ombudsman within sixty (60) calendar days
2 from filing, or earlier when time is of the essence, taking into account such
22 factors as the nature of the information requested, context of the request, public
3 interest and danger that the information requested will become moot. The Office
24 of the Ombudsman shall promulgate its special rules of procedure for the
25 immediate disposition of complaints filed pursuant to this Section. Unless
26 restrained or enjoined, the decisions of the Office of the Ombudsman shall be
27 immediately executory, without prejudice to review in accordance with the Rules
28 of Court.
ae
3 (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) Inresolving 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 exception 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.

46 (b) In the Judicial Branch - The Judicia
47 promulgated by the Supreme Court

y shall be governed by such remedies as

6


46

(c) 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.

(c) In case the requesting party has limited or no financial capacity, the Publis
Attorney'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 inter
(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
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 -
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 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.



(c) 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, comment or 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 or 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 to it.

©) In addition to the specific and classes of official records indentified 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 employe quired by law; and
4) Records of official investigations on graft and corruption practices of public
officers.

Ss, aT

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, that 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 VI, Chapter II of the Administrative Code of 1987, the
University of the Philippines Law Center, in coordination with the National Printing



lo
ul
RD

13

15
16
7

19

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

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

(2) Adescription of the frontline services it delivers and the procedure
and 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) 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.

(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

9


10

16

26

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 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 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 and perfection of any of the transactions enumerated in
Section 14(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(a) of this Act;

(a) Any public officer or employee who shall de
records of information covered by Section 15(c) of this Act;

roy, or cause to destroy,

(ec) 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

(0 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, 18. Act Nota 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 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 1V
of the Rules Implementing Republic Act No, 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees), are deemed repealed.

10


SEC. 21. Effectivity,
at least two (2)

Approved,

This Act shall take effe
national newspapers of gener:

ct fifteen (15) days after its public
al circulation,

ation in