Fifteenth Congress of the Republic 
of the Philippines 
First Regular Congress 
) 
) 
) 
SENATE 
S.B, No. 
25 
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Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
A government maintains the allegiance and support of the citizens by keeping them 
informed on matters affecting their interest and well-being. Without it, the reservoir of public 
tmst dries up, and government soon enough loss the basis of popular support, and cannot be 
maintained except against the people's will. 
For this reason, the Bill of Rights provides: "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." Upon this right is anchored the basic right of the citizens to be 
informed of the process and decisions made by the government in the process of governance. 
Without transparency and proper information, the future of the nation is left solely in the 
hands of public officials and decision makers at the expense of utilizing the active participatory 
process of governance provided under the Constitution. Without it, public officers are unduly 
emboldened in the belief that their actions, even when wrong and injurious to the public interest, 
could be screened away from public knowledge. By guaranteeing the citizen access to official 
records, documents and papers pertaining to official acts, transactions and decisions of the 
government, the Filipino people have actively participated in the decision-making and 
legitimizing process of governance. 
Moreover, in this process, public officers are also made more keenly aware of their 
accountability to the public. Yet even the freest and most open government requires a measure of 
secrecy for some of the things it does to enable it to carry out its duties more effectively than if 
everything were promptly disclosed in the marketplace. 
The security and defense of the State from internal subversion and external threats, the 
stability of its currency and reserves, and the preservation of law and order often require the 
adoption of certain measures which lose their effect in the glare of pUblicity, and which therefore 
are best covered by the mantle of secrecy, so that the government may be able to secure the best 
advantage to the national interest. The security and defense of the nation would be severely 
impaired if anyone who might wish to do it ham had free access to official information relating 
to security and defense. 
Still, under the pretext of keeping certain information secret, a government may become 
over-secretive and keep secret even those which it has no just reason to keep secret. The national 
interest is harmed as much by indiscriminate disclosure as by excessive secrecy. This proposed 
measure, therefore, enhances the free flow of information and the formation of a vigorous, free 
and enlightened public opinion, while paying proper regard to the need to protect official 
information pertaining to national security. 
In view of the foregoing concerns, the early approval of this bill is being earnestly 
sought. 
Mt)~86NG REVILLA, JR. 


Fifteenth Congress of the Repnblic 
of the Philippines 
First Regnlar Congress 
) 
) 
) 
SENATE 
" 
Clf', Ft.,,(- t if·' i 
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15 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
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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 CONSTITUTION, AND FOR OTHER PURPOSES 
Be if 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 
2010". 
SECTION 2: Declaration of Policy. - The State recognizes the right of the people to 
information on matters of public concern, and adopts and implements a policy of full public 
disclosure of all its transactions involving public interest, subject to the procedures and 
limitations provided by this Act. This right is indispensable to the exercise of the right of the 
people and their organizations to effective and reasonable participation at all levels of social, 
political and economic decision-making. 
SECTION 3: Coverage. - This Act shall cover all government agencies as defined under 
Section 4 of this Act. 
SECTION 4: Definition of Terms. -As used in this Act: 
(a) "In/ormation" 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 my government agency pursuant to taw, 
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 an 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 
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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 or 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 to a 
public function or duty, and is not meant to he 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. 
SECTION 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. 
SECTION 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. 
SECTION 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 external threat to the State as determined 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 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; 
(c) The information requested pertains to internal and external defense and law 
enforcement, when the revelation thereof would render a legitimate military 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; 
(d) The information requested pertains to the personal information of a natural person 
other than the requesting party, and its disclosure would constitute a clearly 
unwarranted invasion of his or her personal privacy, unless it forms part of a public 
record, or the person is or was an official of a government agency and the information 
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requested relates to his or her public function, or the person has consented to the 
disclosure of the requested information; 
(e) The information requested pertains to trade, industrial, financial or commercial 
secrets of a natural or juridical person other than the requesting party, obtained in 
confidence by, and/or ftIed with a govermnent agency, whenever the revelation 
thereof would seriously prejudice the interests of such natural or juridical person in 
trade, industrial, fmancial or commercial competition, unless such natnral or juridical 
person has consented to the disclosure of the requested information; 
(f) The information requested is privileged from production in legal proceedings by law or 
by the Rules or Court, unless the person entitled to the privilege has waived it; 
(g) The information requested is exempted by law, in addition to those provided in this 
Section; 
(h) 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 
(i) The information requested consists of drafts of decisions by any executive, 
administrative, judicial or quasi-judicial body in the exercise of their adjudicatory 
functions whenever the revelation thereof would reasonably tend to impair the 
impartiality of verdicts, or otherwise obstruct the administration of justice. 
SECTION 8: Qualifications. - Even if the information requested falls under the 
exceptions set forth in the preceding section, access to information shall not be denied if: 
(a) The information requested 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, unless the 
disclosure will constitute a violation of the Constitution. 
SECTION 9: Procedure of Access. - (a) Any person who wishes to obtain information 
shall submit a request to the govermnent 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 govermnent agency shall communicate 
such requested information to the requesting party: Provided, that the staled reason, or the failure 
to state the reason for the request of the information, shall not be used as a ground to deny the 
request or to refuse the acceptance of the request, unless such reason is contrary to law. If the 
request is submitted personally, the requesting party shall show his current identification card 
issued by any government agency, or government or private employer or school, or a community 
tax certificate. If the request is submitted by mail or through electronic means, the requesting 
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party may submit a photostatic or electronically scanned copy of the identification, or other 
convenient means as determined by the agency. 
b. The request shall be stamped by the government agency, indicating the date and time of 
receipt and the name, rank, title and position of the receiving public officer or employee 
with the corresponding signature, and a copy thereof furnished to the requesting party. 
In case the request is submitted by electronic means, the government agency shall 
provide for an equivalent means by which the requirements of this paragraph shall be 
met. 
c. The request may indicate the following preferred means of communication: 
(I)A true copy of the information requested in permanent or other form; 
(2) An opportunity to inspect the requested information, using equipment normally 
available to the government agency when necessary; 
(3) An opportunity to copy the requested information using personal equipment; 
(4) A written transcript of the information requested contained in an audio or visual 
form; 
(5) A transcript of the content of the 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 requested 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) calendar days 
from the receipt thereof. 
(1) 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 Of 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; 
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(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 ofthe request; and 
(4) To consider fortuitous events or other events due to force majeure or other 
analogous cases. 
(g) The government agency shall, in writing or through electronic means, notify the person 
making the request of the extension, setting forth the reasons for such extension and the 
date when the information requested shall be made available: Provided, that no such 
notice shall specify a date that would result in an extension of more than fifteen (\5) 
calendar days from the original deadline. 
SECTION 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. 
SECTION 11: Notice of DeniaL - If the government agency decides to deny the request, 
in whole or in part, it shall, within seven (7) calendar days-from the receipt of the request, notify 
the person making the request of such denial iii writing or through electronic means. The notice 
shall clearly indicate the name, rank, title or position of the person malting the denial, and the 
grounds for the denial. In case the denial is by reason of a claimed exception, the denial shall 
also state clearly the legitimate aim or interest sought to be protected in the confidentiality, and 
the facts and circumstances invoked showing the substantial harm to, or frustration of, the 
legitimate aim or interest that will result in the disclosure of the information requested. Failure to 
notify the person making the request of the denial, or of the extension, shall be deemed a denial 
of the request for access to information. 
SECTION 12: Implementation Requirements. -- (a) For the effective implementation of 
this Act, every government agency shall prepare a Freedom of Information Manual, which shall 
include the following information: 
(I) The location and contact information of the head, regional, provincial and field offices, 
and other' established places where the public can obtain information or submit requests; 
(2) The types of information it generates, produces, holds and/or publishes; 
(3) A description of its record-keeping system; 
(4) The person or office responsible for receiving requests for information; 
(5) The procedure for the filing of requests personally, by mail or through the identified 
electronic means; 
(6) The standard forms for the submission of request and for the proper acknowledgement of the 
request; 
(7) The process for the disposition of the request, including the routing of the request to the 
person or office with the duty to act on the request, the decision-malting, and the grant or 
denial of access and its implementation; 
(8) The procedure for the administrative appeal of any denial or access to information; 
(9) The schedule of fees; 
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(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 ofthis 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. 
SECTION 13: Remedies in Cases of Denial. - (a) In all govermnent agencies other than 
the judicial branch-
(1) Every denial of any request for access to information may be appealed to the person or 
office next higher in authority, following the procedure mentioned in Section 12 (8) of 
this Act: Provided, [hat the appeal must be filed within fifteen (15) calendar days from 
the notice of denial and must be, decided within fifteen (15) calendar days from filing. 
Failure of the govermnent agency to decide within the aforestated period shall constitute 
a denial of the appeal; and 
(2) Instead of appealing or after the denial of the appeal, the person denied access to 
information may file a verified complaint with the Office of the Ombudsman, praying 
that the government agency concerned be directed to immediately afford access to the 
information being requested. Such complaint shall be resolved by the Office of the 
Ombudsman within sixty (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 information requested 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 decisions of the Office of the Ombudsman shall be 
immediately executory, without prejudice to review in accordance with the Rules of 
Court. 
(3) Instead of filing a complaint with the Office of the Ombudsman, whenever a request for 
information is denied originally or on administrative appeal, the requesting party may file 
a verified petition for mandamus in the proper court, alleging the facts with certainty and 
praying that judgment be rendered ordering the respondent, immediately or at some other 
time to be specified by the court, to disclose the information requested 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. 
(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. 
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(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 of2004. 
(e) In case the requesting party has limited or no financial capacity, the Public\ Attorney's Office 
shall be mandated to provide legal assistance to the requesting party in availing of the remedies 
provided under this Act. 
SECTION 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 (IS) days, all the steps, negotiations 
and key government positions pertaining to definite propositions of the government as well 
as the contents of the contract, agreement or treaty in the following transactions involving 
public interest: 
(1) Compromise agreements entered into by a government agency with any person or 
entity involving any waiver 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. 771 8, 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 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. 
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(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. 
SECTION 15: 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: 
(I) 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 (IS) 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 Systems (MIS) to strengthen their capability to store, 
manage and retrieve records, and to facilitate access to public records. The following shall not be 
destroyed: 
(I) 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 
(5) Other records where there is a significant public interest in their preservation or 
where there is likely to be such interest in the future. 
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• 
(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. 
(d) 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. 
SECTION 16: Criminal Liability and Administrative Liability. - The penalty of 
imprisonment of not less than one (I) 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. Destroy information being requested for the purpose of frustrating the 
requesting party's access thereto; 
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 
(t) Any public or private individual who knowingly induced or caused the commission of 
the foregoing acts under this section. 
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The foregoing shall be without prejudice to any administrative liability of the offender 
under existing laws and regulations. 
SECTION 17: 
Act Not a Bar to Claim of Right to Information Under the 
Constitution. - No provision of this Act shall he interpreted as a bar to any claim of denial of the 
right to information under Article Ill, Section 7 of the 1987 Constitution. 
SECTION 18: 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. 
SECTION 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 and Ethical Standards for Public 
Officials and Employees), are deemed repealed. 
SECTION 20: Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation. 
Approved, 
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