Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
EXPLANATORY NOTE 
No less than the 1987 Constitution has recognized every Filipino's right to information. Article 
Ill, Section 7 of the Constitution states: 
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. 
The People's Responsible Right to Information Bill is one such major step in actualizing this 
constitutional provision to enable citizens to access information in areas of public concern. 
Indeed, the free and open exchange of information in a democracy is necessary to enhance 
the transparency and accountability in government official acts, transactions, and decisions. 
The Supreme Court in a series of its decisions has consistently upheld the right to information 
by every citizen. Speaking in the landmark case of Valmonte vs. Belmonte, the Court held that 
"Open dialogue can be effective only to the extent that the citizenry is informed and thus able 
to formulate its will intelligently. Only when the participants in the discussion are aware of the 
issues and have access to information relating thereto can such bear fruit." 
However, this bill takes into serious consideration the fact that information is power and should 
therefore be held responsibly. It maintains respect to the strength of the fundamental human 
right of privacy and of communication while ensuring the free flow of information to promote 
innovation and growth. 
The last clause, Article Ill, Section 7 of the Constitution clearly provides that the right to 
information of the people can be subject to some level of control to preclude abuse and misuse 
of the information made available. Hence, to ensure that this right does not go unbridled, this 
proposed measure seeks to strike a balance between the people's right to information while 
putting in place reasonable mechanism of regulation. 
This bill also takes into consideration the mandate of the newly created Department of 
Information and Communications Technology to spearhead the capacity-building of the 
various government bodies in implementing this Act and to continuously monitor its meaningful 
enforcement. To accomplish the latter, a Congressional Oversight Committee is likewise 
September 27, 2022
10:31 am
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proposed to be created in order to conduct a sunset review of this proposed measure to come 
up with remedial legislation when the need arises. 
This bill likewise mandates every government agency to have a clear set of rules of procedure 
in entertaining all the requests by a citizen. At the same time, the agencies will be mandated 
to make readily available all information on their website or any other modern subject to legal 
limitations. 
Compared to the earlier versions, this bill has included the officers of the Philippine National 
Police and heads of government-owned and controlled corporations as among the 
government officials required to make available their Statement of Assets, Liabilities, and Net 
Worth available on their agencies' official websites. This version likewise covers all employees 
regardless of Salary Grade into complying with the requirements of the Act. 
With our promise of a more transparent and accountable government to the people, the 
immediate approval of this bill is earnestly sought. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 


3
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
AN ACT 
IMPLEMENTING THE PEOPLE'S RESPONSIBLE RIGHT TO INFORMATION AND 
THE CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND 
HONESTY IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. —This Act shall be known as the “People's Responsible 
Right to Information Act”. 
SECTION 2. Should 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. It is likewise a declared policy of the 
state to promote the meaningful end increased participation of the people in 
government decision-making and public accountability. 
Public officials and employees, in the performance of their duties under this Act, 
as well as citizens in the exercise of their rights under this Act, shall handle information 
kept or obtained under this Act fairly, lawfully and with due regard to the full protection 
of the right to privacy of individuals. 
SECTION 3. Definition of Terms. — As used in this Act: 
(a)
"Information" shall mean any public and/or official record, document, paper,
report, letters, contract, minutes and transcripts of official meetings, maps,
books, photographs, data, research material film, audio and video recordings,
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magnetic or other tapes, electronic data, computer stored data, or other like or 
similar data or material of public concern recorded, stored or archived in 
whatever form or format, which 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)
"Official record/records" shall refer to information, in final form 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,
(c)
"Public record/records" shall include information required by law, executive
orders, rules, or regulations to be entered, kept and made publicly available by a
government agency.
(d)
"Public service contractor" shall be defined as a private entity that has a dealing,
contract or transaction of whatever form or kind with the government or a
government agency/office that utilizes public funds.
(e)
"Personal information" shall refer to any information whether recorded in a
material form or not from which the identity of an individual is apparent or can be
reasonably and directly ascertained by the entity holding the information or when
put together with other information would directly and certainly identify an
individual.
(f)
Sensitive personal information" shall refer to personal information:
(1)
about an individual's race, ethnic origin, marital status, age, color and
religious, philosophical or political affiliations;
(2)
about an individual's health, education, genetic or sexual life of person or
to any proceeding for any offense committed or alleged to have been
committed by such person, the disposal of such proceedings, or the
sentence of any court in such proceedings;
(3)
issued by government agencies peculiar to an individual which includes,
but not limited to, passports, social security numbers, previous or current
health records, licenses or its denials suspension or revocation and tax
returns; and
(4)
specifically established by an executive order or an act of Congress to be
kept classified.


5
SECTION 4. 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, and state universities and colleges. 
SECTION 5. Access to Information. — Every Filipino citizen has a right to and shall, 
on request, be given access to any information of public concern under the control of 
a government agency regardless of the physical form or format in which they are 
contained subject only to the exceptions enumerated in Section 7 of this Act. 
SECTION 6. Presumption. — There shall be a legal presumption in favor of access 
to information. No request for information shall be denied unless it clearly falls under 
the exceptions provided under this Act. Accordingly, government agency shall have 
the burden of proof of showing by clear and convincing evidence that the information 
requested is exempted from the disclosure by this Act. 
The determination of the applicability of any of the exceptions to the request shall 
be the responsibility of the Head of the Office which is in custody or control of the 
information, public record or official record, or the responsible central or filed officer 
duly designated by him in writing. 
In making such determination, the Head of the Office or his designated officer 
shall reasonable diligence to ensure that no exception shall be used or availed of to 
deny any request for information or access to public records, or official records if the 
denial is intended primarily and purposely to cover up a crime, wrongdoing, graft or 
corruption. 
SECTION 7. Exceptions. — Access to information shall be granted unless: 
(a)
The information is specifically authorized to be kept confidential under guidelines
established by an Executive Order, and in fact properly classified pursuant
thereto. Provided, That:


 
6
(1)  The information directly relates to national security or defense and its 
revelation may cause damage to the national security or 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 shall 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 any 
state, or prejudice the entrusting of information to the Republic of the 
Philippines on a basis of confidence by the government of any other country 
or any international organization: Provided, That sufficient information is 
disclosed to afford reasonable public participation in government decision-
making on bilateral and multilateral agreements: Provided, further, That the 
head of the department or agency having custody or possession of such 
information, shall keep under continuing review all classified information in 
his custody and may direct the declassification review of such review ag 
needed. Declassification of the information shall be subject to the approval 
of the President. 
 
(b) 
The information consists of minutes or records of advice given or of opinions 
expressed during decision-making or policy formulation including exchanges 
when the chief executive was not present, if invoked by the chief executive to be 
part of presidential communications privilege. Whenever disclosure would 
significantly undermine the free and frank provision of advice or exchange of 
views. Provided, that an executive order shall be issued specifying the 
reasonable period after which information invoked to be privileged under this 
paragraph Shall be made accessible to the public.  
(c) 
The information requested pertains to internal and/or external defense, law 
enforcement, and border control, when the disclosure thereof may: 
(1)  Compromise or interfere with any legitimate military or law enforcement 
operation, or 
(2) 
Compromise or interfere with the legitimate prevention, detection or 
suppression of criminal activity, or the legitimate implementation of 
immigration controls and border security, or 


 
7
(3) 
Lead to the disclosure of the identity of a confidential source, including an 
individual or a government or a foreign agency or authority or any private 
institution which IS furnished information on a confidential basis, and, in the 
case of a record or information compiled by a law enforcement authority in 
the course of an investigation or by an agency conducting a lawful national 
security intelligence investigation, information furnished by a confidential 
source, or 
(4) 
Disclose legitimate techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose legitimate guidelines for 
law enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law, or 
(5) 
Endanger the life or physical safety of any individual, or 
(6) 
Deprive a person of a right to a fair trial and impartial adjudication. 
 
(d) 
The information requested pertains to matters of human security, such as, but 
not limited food, health, money and trade: Provided, That such disclosure or 
premature disclosure will imperil our well-being or degrade the quality of life of 
our people by causing unnecessary panic and conflict and threatening to limit the 
range of policy choices available to the concerned implementing and regulating 
agencies: Provided, further, That this exception shall apply only until such time 
that the confidentiality requirement of the action plan of said agency is no longer  
necessary in addressing the said security issue. 
(e) 
The information requested consists of drafts of orders, resolutions, decisions, 
memoranda or audit reports by any executive, administrative, regulatory, 
constitutional. judicial or quasi-judicial body in the exercise of their regulatory, 
audit and adjudicatory function. The revelation of which would prejudice the 
impartiality of verdicts or otherwise obstruct the administration of justice. 
(f) 
The information requested is obtained by either House of Congress, or any 
committee thereof, in executive session. 
(g) 
The information requested pertains to the personal and sensitive information of 
a natural person other than the requesting party, and its disclosure would 
constitute an unwarranted invasion of his or her personal privacy, or the person 
is or was an official or employee of a government agency and the information 


 
8
relates to his other public function or the person has consented, in writing, to the 
disclosure of the information. 
(h) 
The information requested pertains to trade secrets and commercial or financial 
information obtained from a natural or juridical person other than the requesting 
party, obtained in confidence or covered by privileged communication, and/or 
filed with a government agency, whenever the revelation thereof would prejudice 
the interests of such natural or juridical person in trade, industrial, financial or 
commercial competition. 
(i) 
The information is classified as privileged communications in legal proceedings 
by law or by the Rules of Court unless the person entitled to the privilege has 
waived it. 
(j) 
The information requested is exempted from disclosure by the Constitution or by 
law, including information protected under the Anti-money Laundering Law, as 
amended, and the bank secrecy laws. 
(k) 
The information is of a nature that its premature disclosure would:  
(1) 
in the case of an agency that regulates or deals with currencies, interest 
rates, securities, commodities, or financial institutions, be likely to lead 
speculations in currencies, interest rates, securities, or commodities 
market; or 
(2) 
in the case of other agencies, be likely to frustrate the effective 
implementation of a proposed official action: Provided, That the information 
shall be disclosed once the abovementioned dangers have ceased. 
 
(l) 
The information has already been made accessible as provided in Sections 8(a), 
9, 1 1, and 15 of this Act. 
For paragraphs (c) to (k) 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: Provided, That: 
(1)  The exceptions are strictly construed  
(2) 
The exceptions are not used to cover-up a crime, or any unlawful activity; 
(3) 
The President, the Supreme Court, the Senate, the House of 
Representatives, and the Constitutional Commissions with a majority vote 
of the body in accordance with their own rules of procedure when applicable 


 
9
may waive an exception with respect to information in the custody of offices 
under their respective supervision or control, when they deem that there is 
an overriding public interest in disclosure, 
(4) 
The exceptions do not constitute authority to withhold information from, or 
limit the availability of records to congress, or any of its committees; 
(5) 
The exceptions do not constitute an authority of the executive branch of a 
local government unit to withhold information from its legislative body; 
(6) 
Whenever the information requested is part of a record, whose other parts 
are covered by an exception, but may be reasonably severed from a record, 
the responding official shall communicate the information not covered by 
the exception to the requester; and 
(7) 
The exceptions set forth in this section may be overcome f the person 
requesting able to prove before a court of competent jurisdiction that the 
public interest in the disclosure of information outweighs the public interest 
in keeping the information secret or confidential. 
 
(m) The information requested pertains to information about the ongoing evaluation 
or review of bids or proposals undertaken by the bidding or review committee 
prior to an official recommendation by the government. 
 
SECTION 8. Mandatory Disclosure of Information. — 
(a) 
In fulfillment of Article Xl, Section 17 of the Constitution, the following national 
officials shall disclose to the public their Statement of Assets, Liabilities, and Net 
Worth (SALN) on an annual basis in their official website: 
(1)  President; 
(2) 
Vice-President; 
(3) 
Members of the Cabinet; 
(4) 
Members of Congress; 
(5)  Justices of Supreme Court; 
(6) 
Members of Constitutional Commissions and other constitutional offices, 
(7) 
Officers of the armed forces and Philippine National Police with general or 
flag rank. 


 
10
(8)  Heads of government-owned or -controlled corporations, including wholly-
owned or controlled subsidiaries, government financial institutions, and 
state universities and colleges. 
 
(b) 
All agencies of all branches of government shall upload on their websites, which 
shall be updated as often as practicable, a register of the following public interest 
transactions, documents or records, including: 
(1)  Annual Budget of Government Agencies; 
(2) 
Itemized Monthly Collections and Disbursement; 
(3) 
Summary of Income and Expenditures; 
(4) 
Component of the IRA Utilization; 
(5) 
Annual Procurement Plan and Procurement List; 
(6) 
An updated platilla of positions and vacant positions with qualifications/ 
requirements in their organizations that need to be filled-up, 
(7) 
Items to Bid, 
(8) 
Bid Results on Civil Works, and Goods and Services; 
(9) 
Abstract of Bids as Calculated; 
(10) Procurement contracts entered into by a government agency: 
(11)  Construction or concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity  
(12) 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; 
(13) Public funding extended to any private entity  
(14) Bilateral or multilateral agreements and treaties in trade, economic 
partnership, investments, cooperation and similar binding commitments; 
(15) Licenses, permits or agreements granted by any government agency to any 
person or entity for the extraction and/or utilization of natural resources and 
a list of the grantees; 
(16) Guarantees given by any government agency to government-owned or 
controlled corporations and to private corporations, persons or entities; 
(17) Loans from domestic and foreign financial institutions; 


 
11
(18) 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; 
and 
(19) Compromise agreements entered into by a government agency with any 
person or entity. 
The register shall contain a brief description of the transaction involved including, 
but not limited to: the nature and object of the transaction, the parties and amounts 
involved, the key steps undertaken towards Its conclusion, and the relevant dates 
provided that contracts and agreements involving an amount of at least Fifty Million 
Pesos (PhP50,000,000) shall be uploaded in full on the website of the concerned 
government agency and the Official Gazette online. A covered record shall be enrolled 
in the register not later than thirty (30) working days from its perfection or issuance. 
Provided, that such information mandated to be posted on the official website of 
the government agency must comply with the provisions of Section 10 of this Act in 
ensuring that the right to privacy of individuals is protected. 
 
SECTION 9. Openness and Transparency in Government Agencies. — Each 
government agency shall make available upon the request of any citizen and in an 
accessible form, consistent with the provisions of Republic Act No. 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) 
Audited financial statements, and budget and expenditure records, 
(5) 
Statements of assets, liabilities and net worth of all public officials and heads of 
office, 
(6) 
Monthly income including allowances and sources of income of all public officials 
and heads of office, 


 
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(7) 
Work programs, development plans, investment plans, projects, performance 
targets and accomplishments, and budgets, revenue allotments and 
expenditures; 
(8) 
Important rules and regulations, orders or decisions: Provided, That they be 
published within fifteen (15) calendar days from promulgation; 
(9) 
Rules of procedure, descriptions of forms available or the places at which forms 
may be obtained, and instructions to the scope and contents of all papers, 
reports, or examinations; 
(10) Substantive rules of general applicability adopted as authorized by law, and 
statements of general policy or interpretations of general applicability formulated 
and adopted by the agency, including subsequent amendments, 
(11) Current and important database and statistics that it generates; 
(12) Bidding processes, deadlines and requirements; and 
(13) Mechanisms or procedures by which the public may participate in or otherwise 
influence the formulation of policy or the exercise of its powers. 
(14) Any disclaimer that shall announce true and correct information relative to a 
matter of public concern that has been the subject of untruthful or inaccurate 
publication in media. 
All government agencies shall over time endeavor and build the capacity and 
practice to upload in full all other contracts, agreements, or treaties covered under this 
section, in particular those that are of the highest public interest by reason of the 
amounts involved and the impact of the transaction to the public. 
 
SECTION 10. Protection of Privacy. — While providing for access to information in 
public records, this Act also affords full protection of the right to privacy of individuals, 
as follows. 
(a) 
Each government office shall ensure that personal information and sensitive 
information in its custody or under its control is disclosed or released only if it is 
material or relevant to the subject matter of the request and its disclosure is 
permissible in accordance with this Act; 
(b) 
A government agency must protect personal and sensitive information in its 
custody or under its Control by making reasonable security arrangements 
against leaks or premature disclosure of personal information is requested, to 
vilification, harassment or any other wrongful acts; 


 
13
(c)  An employee, officer or director of a government agency who has access, 
whether authorized or unauthorized, to personal and sensitive information in the 
custody of the agency, must not disclose that information except as authorized 
under this Act. 
 
SECTION 11. People's Responsible Right to Information Manual (Manual). — 
(a)  For the effective implementation of this Act, all government agencies shall 
prepare a Manual, The Manual of each agency shall ensure that the right to 
privacy is respected and every person or entity is protected from harassment 
within six (6) months from the effectivity of this Act, the Manual Of each agency 
must be made available indicating the following: 
(1) 
The location and contact information of the head, regional, provincial and 
field offices, and other established places where the public can obtain 
government 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 
acknowledgment 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 process, 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 8 of this Act: Provided, That, should the agency lack the 
capacity to fully comply therewith, a brief description of its plan to facilitate 
compliance within three (3) years from the approval of this Act; 
(11) Such other information, taking into consideration the unique characteristics 
of an agency, that will help facilitate the effective implementation of this Act; 


 
14
(12) The foregoing information shall also be posted in its website and bulletin 
boards, and shall be regularly updated, 
(13) In no case shall the absence of the aforementioned Manual be a reason for 
the denial of any request for information made in accordance with this Act; 
(14) The heads of each of the departments and agencies may designate liaison 
units or committees who shall coordinate with the other units of the agency 
in implementing this Act. The composition, functions and duties of these 
liaison units or Committees shall be included in the Manual. 
 
SECTION 12. Procedure of Access. — 
(a)  Any person who wishes to obtain information shall submit, free of charge, a 
request to the government agency concerned personally, by mail, or through 
electronic means. A person who is unable, because of illiteracy or due to being 
a person with disability, to make a written request for information may make an 
oral request, and the public official who receives the oral request shall reduce it 
to writing, and include his name and position within the government agency, and 
give a copy thereof to the person who made the request. 
(b)  Any person who requests access to information shall submit a written request to 
the government office concerned. The request shall state the full name and 
contact information of the requesting party, provide valid proof of his identification 
or authorization, reasonably describe the information requested, and the specific 
reason for, or purpose of, the request for information. 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 or is one of the 
exceptions enumerated in this Act. Provided, further, that the information 
requested shall be used solely for the purpose stated therein and its use for any 
other purpose shall require the requesting person to submit another request. 
(c) 
The public official receiving the request shall provide reasonable assistance, free 
of charge, to enable all requesters and particularly those with special needs, to 
comply with the request requirements under this section. 
(d) 
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 


 
15
government agency shall provide for an equivalent means by which the 
requirements of this paragraph shall be met. Each government agency shall 
establish a system to trace the status of all requests for information received by 
(e) 
The request may indicate the requesting party's preferred mode and means of 
receiving the information requested, provided that the mode and means are 
reasonable, taking into consideration equipment normally available to the 
concerned government agency. 
(f)  
A government agency may communicate the information requested in a form 
other than the preferred means whenever the agency has no capability in 
communicating the information in the preferred format, or such preferred means 
would unreasonably interfere with the effective operation of the agency or be 
detrimental to the preservation of the record. 
(g) 
The government agency shall comply with such request as soon as practicable, 
and in any case within fifteen (15) working days from the receipt thereof. The 
period may be extended whenever the information requested requires a search 
of the government agency's field or satellite offices, examination of voluminous 
records, the occurrence of fortuitous events or other analogous cases. 
(h) 
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 shall be made available, which in 
no case shall result in an extension of more than twenty (20) working days. 
(i) 
Once a decision is made to grant the request, the person making the request 
shall be notified of such and shall pay the required access and processing fees. 
If the information is not held by the government agency to which the request was 
made, it shall notify the person requesting that it does not hold the information and 
shall also cause the transfer of the request to the appropriate agency that holds the 
information: Provided, That the period to comply with the request under this section 
shall begin to run only upon the receipt of the agency to which the request is 
transferred. 
 
SECTION 13. Access and Processing Fees. — Government agencies may charge 
reasonable fee Which Shall in no Case exceed the actual cost of reproduction, copying 
or transcription and the communication of the information requested. An agency may 
waive the fees whenever it is satisfied that the person requesting is an Indigent, or that 


 
16
the cost of reproduction is negligible, or that it is pursuant to a program for proactive 
disclosure. 
 
SECTION 14. One Stop Shop. — Each government agency is mandated to have a 
one stop shop for the services made available by this Act. Each government agency 
shall assign at least one employee who shall act as officer of the day and one 
supervisor on matters that require the exercise of discretion. 
 
SECTION 15. Exemption from Compliance and Protection from Administrative 
Abuse. — The government agency is excused from complying with a subsequent 
identical or substantially similar request from the same requesting party where it has 
previously complied with a request for information unless a reasonable interval has 
lapsed between compliance with the previous request and the making of the current 
request. The government agency is likewise excused from compliance if the request 
or series of requests is patently meant to harass such agency into compliance and/or 
is deliberately done to overburden the agency with such requests: Provided, That the 
government agency complies with Section 16 of this Act. 
 
SECTION 16. Notice of Denial. — If the government agency decides to deny the 
request, in whole or in part. it shall, as soon as practicable, and in any case within 
fifteen (15) calendar days from the receipt of the request, notify the person making the 
request of such denial in writing or through electronic means. The notice shall clearly 
set forth the ground or grounds for denial and the circumstances on which the denial 
is based, and indicate available rights of reconsideration or appeal. 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 17. Remedies in Cases of Denial of Request for Information. — 
(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 or office next higher in authority of the same agency, following 
the procedure mentioned in Section 11 (a)(8) of this Act: Provided, That the 
written appeal must be filed by the same person making the request within 
fifteen (15) calendar days from the notice of denial. The appeal shall be 


 
17
decided by the person or office next higher in authority of the same agency 
within five (5) working days from filing of said written appeal. Failure of the 
government agency to decide within the aforestated period shall constitute 
denial of the appeal. 
(2) 
Upon denial of the appeal with the government agency, 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 requested information. Unless restrained or enjoined, the 
decision of the court shall be immediately executory without prejudice to 
review in accordance with the Rules of Court. Any action for administrative 
and/or criminal liability arising from the same act or omission, if any, shall 
be filed with the Office of the Ombudsman. 
No damages shall be assessed against the respondent unless it is proven 
that the respondent acted with malice, bad faith or negligence. Subject to 
the provisions of existing laws and the issuances of the Supreme Court, all 
courts shall give preference to the hearing and disposition of petitions for 
mandamus filed pursuant to the provisions of this Act. The court hearing 
the case is empowered to receive the information subject of a claim of 
exception under Section 7 herein and examine them 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. 
 
(b) 
In the Judicial Branch, the judiciary shall be governed by such remedies as 
promulgated by the Supreme Court. 
(c) 
The remedies provided in 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 cumulative and subject to the rule 
of exhaustion of administrative remedies. 
The provisions of Republic Act No. 9285, otherwise known as the Alternative 
Dispute Resolution Act of 2004, shall not apply to cases filed pursuant to this section. 


 
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(e) 
In case the requesting party hag limited or no financial capacity, the Public 
Attorney's Office shall be mandated to provide legal assistance to the person 
requesting in availing of the remedies provided under this Act. 
 
SECTION 18. Archival and Preservation 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, resolutions, enactments, actions, 
procedures, operations, activities, communications and 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, This 
likewise includes information submitted by public service contractors to the 
government agency concerned such as receipts, identities of the suppliers, 
purchase orders, cash vouchers, related agreements with other private entities, 
and other documents related to the execution or the implementation Of their  
transactions or contracts with the government agency involved; 
(b) 
The Department of Information and Communications Technology shall be 
responsible for setting the standards for the file formats and the system of 
archival and preservation of information to be used by all national and local 
government agencies including Government Owned and Control Corporations 
with or without original charter, in accordance with national laws, policies and 
programs on E-Government; 
(c) 
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; 


 
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(d) 
In addition to the specific and classes of official records identified 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 employees, as required by law; 
(4) 
Records of official investigations pertaining to allegations of graft and 
corruption of public officers; 
(5) 
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 program that includes 
the following: 
(6) 
A records maintenance system for the creation, selection, classification, 
indexing and filing of official records that facilitate the easy identification, 
retrieval and communication of information to the public; 
(7) 
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 
(8) 
A specification of the roles and responsibilities of agency personnel in the 
implementation of such system and schedule. 
 
(e) 
In addition to its function as repository of all rules and regulations issued by 
agencies as provided under Book \/II, Chapter II of the Administrative Code of 
1987, the University of the Philippines Law Center shall, in coordination with the 
Office of the President which has exclusive editorial and printing jurisdiction over 
the Official Gazette, and with Other relevant agencies, maintain a database, and 
publish the same in print in the 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 not limited, to executive orders, presidential proclamations, 


 
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administrative orders, memorandum circulars, general orders, and other 
similar issuances; 
(3) 
A database of all appointments and designations made by the President of 
the Philippines; and 
(4) 
Opinions of the Secretary of Justice.  
 
SECTION 19. Publication in the Official Gazette. — For purposes of mandatory 
disclosure as provided in Section 8 of this Act, online publication in the Official Gazette 
website shall be considered official publication provided there shall be a timestamp in 
the said document. 
For purposes of compliance with Article 2 of the Civil Code of the Philippines, 
publication of the following in the online version of the Official Gazette, with the 
corresponding timestamps on the document, shall be considered as official 
publication: 
(a) 
All legislative acts and resolutions of a public nature of the Congress of the 
Philippines; 
(b) 
All executive and administrative orders and proclamations of general application; 
(c)  Decisions or abstracts of decisions of the Supreme Court and the Court of 
Appeals or other courts of similar rank, as may be deemed by said courts of 
sufficient importance to be so published; 
(d)  Such documents or classes of documents as the President shall determine from 
time to time to have general application or which he may authorize to be 
published. However, other documents or classes of documents as may be 
required to be published by law, such as petitions and/or legal notices in 
connection with land titles, naturalization or special proceedings shall continue 
to be published in the print version of the Official Gazette or in any newspaper of 
general circulation for purposes of compliance with the publication requirement. 
 
SECTION 20. Capacity-Building and the Role of the Department of Information 
and Communication Technology (DICT). — 
Every government agency shall ensure the provision of adequate training for its 
officials, and to keep updated as to best practices in relation to information disclosure, 
records maintenance and archiving. 


 
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The DICT shall monitor all government agency websites and render the 
appropriate support including capacity-building program and coordination with another 
appropriate agency, utilizing alternative mechanism and seeking the assistance of 
private relevant and willing volunteer groups to ensure full compliance with the 
requirements of this Act. 
The DICT shall endeavor to continuously develop, improve and update its 
information technology system with a view to improving transparency and accessibility 
of public information by lessening human interaction through E-Government. 
 
SECTION 21. Use of Plain Language. — Every government agency shall endeavor 
to use plain language in their communications orders, compliance, requirements or 
instructions issued to implement the provisions of this Act. 
 
SECTION 22. Administrative Offenses and Penalties. — 
(a)  The acts enumerated in this sub-section shall be tantamount to grave 
administrative offenses and shall constitute grounds for administrative and 
disciplinary sanction against any public official or employee who willfully and 
knowingly commits the following: 
(1) 
Refusal to promptly forward the request under Section 12 of this Act 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 within the periods required by this Act; 
(2) 
Failure to act on the request within the periods required by this Act; 
(3) 
Refusal to comply with the decision of his immediate supervisor, or of any 
court ordering the release of information; 
(4) 
Approval of policies, rules and regulations clearly 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; 
(5) 
Failure to upload information required to be posted on an agency's website 
within the period provided under Section 19: Provided, That the head of 
agency or any other officer or employee tasked to perform said uploading 
shall be held liable. 
 


 
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(b)  The preceding subsection does not bar filing of appropriate administrative cases 
other than those grave offenses enumerated above. 
 
SECTION 23. Criminal Offenses and Penalties. — The penalty of imprisonment of 
not less than one (1) month but not more than six (6) months and a fine ranging from 
Ten Thousand Pesos (PhP10,000.00) to One Hundred Thousand Pesos 
(PhP100,000.00) shall be imposed upon: 
(a) 
Any public official or employee who falsely denies or conceals the existence of 
information that is a proper subject for disclosure under this Act. 
(b) 
Any public official of employee Who destroys, or causes to be destroyed, 
information and/or documents being requested under this Act, for the purpose of 
frustrating the requesting party's access thereto. 
(c)  Any individual who knowingly directed, induced or caused the commission of the 
foregoing acts shall be liable as principal by inducement in the prosecution of 
public officials or employees under this section. 
(d) 
Any public officer or employee responsible for officially acting on the request, 
who shall claim an exception under Section 7 of this Act, or under the 
Constitution, when such claim IS manifestly devoid of factual basis. 
(e) 
Any individual who divulged or released information covered under Section 7 of 
this Act. 
(f)  
Any public officer or employee who divulged or released information that is 
altered, tampered or modified to the extent that the released information 
materially differs from the original contents of the document: Provided, That 
altering or modifying a document for the purpose of severing an exempt 
information from non-exempt information in a single document Shall not be 
punishable under this subsection. The responsible officers of the public service 
contractor and the signatories to the contract or any document evidencing 
transaction with the government or government agency who fail to submit the 
necessary documents/papers. 
If the violation committed in this Act is induced and assisted by a private 
individual or a corporation, partnership or any kind of judicial entity, the penalty 
provided herein shall be imposed on its executive officer and/or other officials 
responsible therefor: Provided, That they Shall suffer, in addition to the penalties 
provided herein, the automatic revocation of their license to operate.  


 
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SECTION 24. Penalty for Abuse of Released Information. — The abuse or misuse 
of any information obtained through this Act, as a means to commit any felony under 
the Revised Penal Code or to violate any special law, shall serve to increase the 
penalty of the felony or the offense committed to its maximum. 
 
SECTION 25. Denial in Good Faith Not a Ground for Liability. — A denial in good 
faith of a request made pursuant to the provisions of this Act shall not constitute 
grounds for administrative, civil or criminal liability. In cases of denial of the request, 
the public official, officer or employee involved must prove that he/she acted in good 
faith by specifying the ground relied upon for the denial. 
 
SECTION 26. 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 
the right to information under Article Ill, Section 7 of the Constitution. 
 
SECTION 27. Integration of Responsible Right to Information and Good 
Governance in Elementary and Secondary Curriculum. — To ensure well-informed 
generations of citizens, the right to information, the principles of accountability and 
transparency, democracy and leadership, and good governance shall be integrated in 
such subjects as Heyograpiya, Kasaysayan at Sibika (HEKASI) and Araling 
Panlipunan in the elementary level end in such subjects as Social Studies and 
Makabayan or its equivalent subjects in high school level. The Department of 
Education in coordination with the Civil Service Commission and other relevant offices 
shall prepare the necessary modules and teaching programs consistent with the 
objectives of this Act. 
  
SECTION 28. System of Incentives and Rewards. — A system of special incentives 
and rewards is hereby established to be given to appropriate government agency or 
agencies that initiated and displayed compliance and full participation in the 
meaningful implementation of this Act The incentives and rewards may include, but 
not limited to, social projects, grants-in-aid, national recognition, and similar 
entitlements. 
 


 
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SECTION 29. Implementing Rules and Regulations. — The Department of Justice. 
Department of Information and Communications Technology, Department of Science 
and Technology, Department of Finance, Department of Budget and Management, 
National Economic and Development Authority, Department of National Defense, 
Department of Foreign Affairs, Department of Public Works and Highway, Civil Service 
Commission, Department of Education Philippine Information Agency, the UP Law 
Center, and representatives from civil society organizations and the private sector 
shall issue the necessary rules and regulations for the effective implementation of this 
Act within ninety (90) days after approval of this Act. 
 
SECTION 30. Congressional Oversight Committee. — There is hereby created a 
Congressional Oversight Committee to monitor and oversee the implementation of the 
provisions of this Act. The Committee shall be composed of six (6) members from the 
Senate and six (6) members from the House of Representatives with the Chairpersons 
of the Committees on Public Information and Media of both the Senate and the House 
of Representatives as joint Chairpersons of this Committee. The five (5) other 
members from each Chamber are to be designated by the Senate President and the 
Speaker of the House of Representatives, respectively. The minority shall be entitled 
to pro rata representation but shall have at least two (2) representatives from each 
Chamber.  
 
SECTION 31. Reports. — All government agencies shall be required to submit annual 
reports on the number of requests for information received and processed, of appeals 
made from the denial thereof, and such Other information as provided in this Act. The 
said report may be integrated in the agencies' main Annual Report and its posting and 
publication in their respective websites shall be considered as sufficient compliance. 
 
SECTION 32. Sunset Review. — Within five (5) years after the effectivity of this Act, 
or as the need arises, the Congressional Oversight Committee shall conduct a 
systematic evaluation of the accomplishments and impact of this Act as well as the 
performance and organizational structure of the agencies for purposes of determining 
remedial legislation. 
 


 
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SECTION 33. Appropriations. — The amount necessary to carry out the provisions 
of this Act shall be charged against the agencies' current budget and shall thereafter 
be included in the annual General Appropriations Act. 
 
SECTION 34. Separability Clause. — If any section or part of this Act is held 
unconstitutional or invalid, the other sections or provisions not otherwise affected shall 
remain in full force and effect. 
 
SECTION 35. Repealing Clause. — All laws, decrees, executive orders, rules and 
regulations, issuances or any part thereof inconsistent with the provisions of this Act, 
including Sections 18, 24 and 25 of Executive Order No. 292 in relation to Article 2 of 
Republic Act No. 386, 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: Provided, That Memorandum Circular No, 78 shall be deemed 
repealed after one (1) year from the effectivity of this Act or upon issuance of the 
Executive Order in Section 7(a) whichever comes first, 
 
SECTION 36. Effectivity. — This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation, whichever 
comes earlier. 
 
Approved,