Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL xo 646

Introduced By: REPRESENTATIVE SALVIO B. FORTUNO

EXPLANATORY NOTE

This bill seeks to stren;
matters of public concern and
pertaining to official acts.

en the right of all Filipino citizens to information on
access to official records, documents and transactions

The paramount objective of this important piece of legislation is to promote
transparency and accountability in the government for the great benefit of the Filipino
people. The government and its officials who have nothing to hide must submit
themselves to public scrutiny by granting their “bosses”, the sovereign Filipino people,
unlimited access to their official acts, documents and transactions except in cases when
national security will be compromised.

The Philippine Constitution is crystal clear on this issue as Section 7 thereof
explicitly provides that “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 a basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.”

However, it is not a self-cxecuting provision and therefore an enabling Act has to °
be passed by Congress to implement the aforecited provision of the Constitution.

It is worthy to emphasize that the other side of the Constitutionally guaranteed
Freedom of Expression is the Freedom of Information, which is the oxygen of democracy
that makes it possible for the sovereign people to make informed decisions on what to
do with their own lives without enduring the right of others.

The foregoing reasons merit the approval of this important legislation.

SALVJ B. FORTUNO
;presentative
Fifth Djftrict, Camarines Sur



public of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Pirst Regular Session

4
HOUSE BILL NoL646

Introduced By: REPRESENTATIVE SALVIO B. FORTUNO

AN ACT
STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION ON
MATTERS OF PUBLIC CONCERN, ACCESS TO OFICIAL RECORDS
AND DOCUMENTS AND PROVIDING PENALTIES THEREFOR

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

SECTION 1. Short Title. —- This Act shall be known as the
“Freedom of Information Act of 2013.”

SEC. 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 under this Act. This right is indispensable to the free 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,
which refer to the executive, legislative and judicial branches as well as
the constitutional bodies of the Republic of the Philippines, 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 [inancial institutions, state universities and
colleges, the Armed Forces of the Philippines, the Philippine National *
Police, ail offices in the Congress of the Philippines, including the offices



of Senators and Representatives, the Supreme Court and all lower courts
established by law.

Sec. 4. Definition of Terms. - As used in this Act, the following
terms shall mean:

(a) Information shaii mean any knowledge, record, document,
paper, report, ictters, contract, minutes and transcripts of
official meetings, maps, books, photographs, research data,
material, film, sound and video recordings, magnetic or other
tapes, electronic data processing records, 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) Official records shall refer to information produced by the
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 be a stage or status of the information;

(c) Public records shall include information required by law,
executive orders, rules and regulations to be entered, kept and
made public 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 clear and convincing evidence that
the information requested should not be disclosed.

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 a 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. —- Access to information shall be granted
unless:

(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
security or internal or external defense of the State; or 2)
‘The information requested pertains to the foreign affairs


(b)

{c)

of the Republic of the Philippines, when its revelation
shall unduly weaken the negotiating position of the
government in an on-going bilateral or multilateral
negotiation or seriously jeopardize the diplomatic relations
of the Philippines with one or more States: Provided,
further, That the executive order shall specify the
reasonable period after which the information shall be
automatically declassified or subject to mandatory
declassificaiion review, and that any reasonable doubt as
classification and declassification shall be settled in favor
of the right to information;

The information consists of records of minutes and advice
given and opinions expressed during decision-making or
policy formulation, invoked by the Chief Executive to be
privileged by reason of the sensitivity of the subject matter
or of the impairment of the Chief Executive’s deliberative
process that would result from the disclosure thereof.
Once the policy has been formulated and decisions made,
minutes and research data may be made available for
disclosure unless they were made in executive session;

The information requested pertains to internal and
external defense, law enforcement and border control,
when the disclosure thereof would:

@ Unduly compromise or interfere with any
legitimate military or law enforcement
operation; or

@) Unduly compromise or interfere with the
prevention, detection or suppression of ©
criminal activity, the effective ©

implementation of immigration controls and
border security; or

(k) Deprive a person of a right to a fair trial or
impartial adjudication; or
i) Lead to the disclosure of the identity of a

confidential source, including a government,
or foreign agency or authority or any private
institution which 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



(a)

(e)

(g)

(h)

()
0)

(m) Disclose techniques and procedures for law
enforcement investigations or prosecutions,
or would disclose guidelines for law
enforcement investigations or prosecutions if
such disclosure could reasonably be
expected to risk circumvention of the law; or -

(9) Endanger the life or physical safety of any
individual.

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 information requested is obtained by any committee
of either House of Congress in executive session;
The information requested pertains to the personal
information of a natural person other than the requesting
party, and disclosure would clearly constitute, an
unwarranted invasion of one’s privacy, unless it forms
part of a public record, or the person is or was an oificial
of a government agency and the information relates to his
or her public function or the person has consented in
writing to the disclosure of the information;
The information requested pertains to trade, industrial,
financial or commercial secrets of a natural or juridical
person, obtained in confidence by a government agency
whenever the revelation thereof would seriously prejudice
the interests of such natural or juridical persons in trade,
industrial, financial or commercial competition;

The information is classified as privileged

communications in legal proceedings by law or by the

Rules of Court.

The information is exempted by law or the Constitution,

in addition to those provided in this section;

The information has already been made accessible.

SEC. 8, Mandatory Disclosure of Informations. - (a) In

fulfillment of Article XI,

tion 17 of the Constitution, the following

national officials shall provide to the public, through the websites of their
respective offices, the Statement of Assets, Liabilities and Networth
(SALN) on an annual basis:

(1) President;

(2) Vice-President;

(3) the Members of the Cabinet;

(4) the Members of the Senate and the House of Representatives;
(5) the Justices of the Supreme Court;



(6) the Commissioners of the Constitutional Commissions and

other constitutional offices; and

(7) the officers of the Armed Forces of the Philippines with the rank

of general or the equivalent flag rank.

{b) All agencies of all branches of government shall publish on their

websites and update on a im

(i
i)

(iii)

(iv)

onthly basis, a register of the following:

Freedom of Information manual in full;

Rules of Procedure, descriptions of forms available or the
places at which forms may be obtained, and instructions as
to the scope and contents of all papers, reports, or
examinations;

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;
Public interest documents or records, including:

(1) Annual Budget of Government Agencies

(2) Ttemized Monthly Collections and Disbursement

(3) Summary of Income and Expenditures

(4) Component of Internal Revenue Allotment (IRA)
Utilization

(5) Annual Procurement Plan and Procurement List

(6) Items for Bidding

(7) Bid Results on Civil Works, and Goods and Services

(8) Abstract of Bids as Calculated

(9) Procurement Contracts entered into by a government
agency

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

(11) Private sector participation agreements or contracts in
infrastructure and development projects under Republic
Act No. 6957 otherwise known as The Philippine BOT
Law, as amended by Republic Act No. 7718;

(12) Public funding extended to any private entity;

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

(14) List of persons or entities who were granted licenses,
permits or agreements for the extraction and/or
utilization of natural resources given by any agency;

(15) Projects identified legislators pursuant to any
Congressional allocations, incliding the Priority
Development Assistance Fund, the Financial Subsidy to
Local Government Units, the Regular Congressional



Allocation for Infrastructure projects under the
Departmen: of Public Works and Highways,
Congressional Insertions, and other similar Congressional
allocation modalities;

(16) Statement of Assets, Liabilities and Networth of public
officers of the government agency; and

(17) Guaranices given by any government agency to
government-owned or controlled corporations and to
private corporations, persons or entities.

‘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 Fifty Million pesos
(P50,000,000.00) shall be published in full on the website of the
concerned government agency or the Official Gazette Online subject to
the succeeding section. A covered record shall be enrolled in the register
not later than 30 working days from its perfection or issuance.

(c) All government agencies shall, over time, endeavor and build
the capacity and practice to publish in full all other contracts,
agreements, or treaties covered under this Section, specially those that
are of the highest public interest by reason of the amounts involved and
the impact of the transaction to the public. All government agencies must
ensure that they have a compliant website within two (2) years from the
eeffectivity of this Act.

(4) Should an agency lack the capacity to comply with the website
publication requirement of this Section, the agency shall initiate a -
capacity-building program, coordinate with another appropriate agency,
or use an alternative mechanism, to facilitate substantive compliance not
later than three (3) years for the effectivity of this Act.

SEC. 9. Notice of Denial. - If the government agency decides to
deny the request, in whole or in part, it shall, within ten (10) 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 indicate the name, rank, title or position of the person
making the denial, and the grounds for such 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 end circumstances invoked showing the substantial harm
to, or frustration of, the legitimate aim or interest that will result in the
disclosure of the information. Failure*to notify the person making the
request shall be deemed a denial of the request for access to information.



SEC. 10. Remedies in Cases of Denial. - (a) In the executive and
legislative branches and constitutional bodies -

(1) Every de: of any request for access to information may ~
be appealed to the person or office next higher in
authority, following the procedure provided in the
guidelines 2s required by the Section 15 (a] (8) of this Act:
Provided, That the appeal must be filed within fifteen (15)
calendar days from the notice of denial and must be
decided within fifteen (15) calendar from filing. Failure of
the government agency to decide within the aforestated
period shail constitute a denial for the appeal; and

(2) Instead of appealing or after the denial of the appeal, the
person denied access may, within fifteen (15) calendar
days from the original denial or denial of the appeal, file a
verified complaint with the Office of the Ombudsman,
praying that the government agency concerned be
directed to immediately access to the information being
requested. Such complaint shail 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.

(b) In the Judicial Branch. - The Supreme Court shall promulgate
the remedies that will govern offices under its jurisdiction;

(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 of non-exhaustion of edministrative remedies and the application of
the provisions of Republic Act No. 9285, otherwise known as the
Alternative Dispute Resolution Act of 2004;

(e) The Office of the Ombudsman shall promulgate its rules of
procedure to effect the purposes of this Act;

(9 Unless restrained or enjoined, the decisions of the Office of the _
Ombudsman shall be immediate executory, without prejudice to review
in accordance with the Rules of Court; ;

(g) In case the reque:
the Public Attorneys Offi
assistance to him or her ir
Act.

‘ing party has limited or no financial capacity,
(PAO) shall be mandated to provide legal
availing of the remedies provided under this



SEC. 11. Procedure of Access. ~ (a) Any person who wishes to
obtain information shall submit a request to the government agency
concerned, as much as practicable in writing or through electronic
means, reasonably describing the information required, the reason for
the request of the informacion and the means by which the government
agency shall communicate such information to the requesting party.

(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:

(3) A true copy of the information in permanent or other
form;

(4) An opportunity to inspect the information, using
equipment normally available to the government agency

ary;
nity to copy the information using personal

(6) A written transcript of the information contained in a
sound or visual form;

(7) A transcript of the content of an information, in print,

ual form, where such transcript is capable of
being produced using equipment normally available to the
government agency; or

(8) A transcript of the information from shorthand or codified
form.

(d) A government agency may communicate information 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
ten (10) calendar days from the receipt thereof;

(f) The time limits scribed in this section may be extended
during unusual circumstances where, in the production of the requested
information, there is a neec for the following:



q) To search for and collect the requested information from
field or other establishments that are separate from the
other 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) For consultation, which shall be conducted in all
practicable speed, with another government agency or
among two (2) or more components of the government

ving substantial interest in the determination

st; 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
shall be made available: Provided, That no such notice shall specify a
date that would result in an extension of more than fifteent (15) calendar
days.

SEC. 12. Promotion of Openness in Government. ~ (a) Duty to
Publish Information - Government agencies shall regularly publish and
disseminate, at no cost to the public and in an accessible form, by print
and through their website, timely, true, accurate and updated key
information, including, but not limited to the following:

(y) A description of its 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 maybe
availed of ;

(3) Work programs, development plans, investment plans,

projects, performance targets and accomplishments, and
budgets, revenue allotments and expenditures;

(4) Important rules and regulations, orders or decisions;

(5) Current and important database and statistics that it
generates;

©) Bidding processes and requirements;

(7) Mechanisms or procedures by which the public may

participate in or otherwise influence the formulation of
policy or the exercise of its powers; and

(8) A guide on accessing information containing adequate
information it holds and/or publishes, the procedure for
obtaining access by the public to such information, the
person or otfice responsible with the duty to act on the
request and routing it to the person or office with the


duty to ai
procedure

on the request, the standard forms and--
request and the schedule of access fees.

(b) Keeping of Records - Government agencies shall maintain and
preserve their records it 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 facilitate access to public
records. The following shall not be destroyed:

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

(2) Records of government contracts;

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

(4) Records of official investigations on graft and corrupt practices
of public officers; 0

(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;

(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 as to best practices in relation to information disclosure, records
maintenance and archiving.

SEC. 13. Exemption from Compliance. - The government agency
shall be 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 lepsed between compliance with the previous
request and the making of the current request.

SEC. 14. Protection of Right to Privacy. - The right to privacy of
individuals must be protected in the following manners:

(a) A government agency must ensure that personal information in
its custody or uncer its control is disclosed only as permite

(b) A government agency must protect personal information in its
custody or under its control by making reasonable security
arrangements against such risks as unauthorized access,
collection, use, disclosure, or disposal;



(©) Any employee, officer or director of government agency who has
access, whether authorized or unauthorized, to personal information
in the custody of the agency, must not disclose that information except
as authorized under this Act.

SEC. 15. Administrative Liability. ~ The acts enumerated in this Section
shall be tantamount to gross neglect of duty and shall constitute grounds for
administrative and disciplinary sanction against any public official or employee
who willfully and knowingly commits the following:

(a) Refusal to promptly forward the request under Section 11 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;

(b) Failure to act on he request within the periods required by this
Act;

(©) Claim an exception under Section 7 of this Act when claim is
manifested devoid of factual or legal basis;

(d) Refusal to comply with the decision of his immediate supervisor,
the Ombudsman, or any court ordering the release of information;

(e) Approval of policies, rules and regulations manifestly contrary to
the provisions of this Act, and which policies, rules and regulations are
the direct cause of a denial of a request for information.

SEC. 16.Crintinal Liability. - (a) Any public official or employee who
falsely denies or conceals the existence of information mandated for disclosure
under this Act shaill be liable for the crime of removal, concealment or
destruction of documents as defined under Article 226 of the Revised Penal
Code.

(b) Any public official or employee who destroys, or causes to be
destroyed, information and/or clocuments being requested under this Act, for
the purpose of frustrating the requesting party’s access thereto, shall be liable for
the crime of removal, concealment or destruction of documents as defined under
Article 226 of the Revised Penal Code.

(© Any private individual who knowingly induced or caused the
commission of the foregoing acis shall be liable as principal by inducement in the
prosecution of public officials or employees under this section.

SEC. 17. Mere Denial Not a Ground for Liability. - A mere denial in good
faith of a request made pursuant to the provisions of this Act shall not constitute
grounds for administrative sanction or criminal liability.

12


SEC. 18. implementation Requirements. - (a) For the effective
implementation of this Act, all government agencies shall prepare a Freedom of
Information Manual containing the following:

(1) The location anc 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;

@) A description of its record-keeping system;

(4) The person or office responsible for receiving requests for
information;

©) The procedure for the filing of requests personally, by mail, or
through the identified electronic means;

(6) The standard forms for the submission of requests and for the
proper acknowledsment of the request;

(@) 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;

(©) The schedule of service or processing fees pertinent to a request for
information;

(10) The process and procedure for the mandatory disclosure of
information under Section 7 of this Act: Provided, That should the
agency lack the capacity to comply with Section 7 of this Act, a brief
description of its plan to facilitate compliance within three (3) years
from approval of this Act; and

(11) Such other information, taking into consideration the unique
characteristics of an agency, that will help facilitate the effective
implementation of <his Act.

(b) The foregoing infornation shall also be posted in its website and
bulletin boards, and shall be segularly updated;

© 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;



(d) The heads of the departments and agencies may designate liaison units
or Committees which shall coordinate with the other units of the agency in
implementing this Act. The composition, functions and duties of these liaison
units or Commitiees shall be set out in the Implementing Rules of this Act and
shall be included in the Freedom of Information Manual.

SEC. 19. Access and Processing Fees. - Government agencies may charge a
reasonable fee to reimburse tie 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 requesting party is an
indigent, or that the cost of production is negligible, or that it is pursuant to a
program for proactive disclosure.

SEC. 20. Keeping of Records. - (a) Government agencies shall create and
maintain in appropriate formats, accurate and reasonably complete
documentation or records of their organization, policies, transaction, decisions,
resolution, 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 o: 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, operatious and activities;

(b) Government agencies, in coordination with the National Archives of
the Philippines, 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.

(© Inaddition to the specific and classes of official records identified for
preservation under letter (b) of this Section, the following shall not be destroyed:

(i) Records pertaining to loans obtained by the government;

(ii) Records of government contracts involving Fifty million
pesos (P50,000,0100.00) or more, or related infrastructure, public and
private partnerships, utilities or other important projects;

(iii) ‘The original declaration under oath of the assets, liabilities
and networth of public officers and employees submitted to the
Office of the Or:budsman, as required by law, and

(iv) Records of official investigations pertaining to allegations of
graft and corruption of public officers.

14


(a) 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:

(1)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;

(2) A records maintenance, archival and disposition schedule
provicling 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) Identification of the specific roles and responsibilities of agency
personnel in the implementation of such system and schedule.

(d) In addition to its functions as repository of all rules and regulations
issued by agencies as provided under Book VII, Chapter IT 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 of the Official Gazette, and with other relevant agencies, maintain a
database, and publish in the Official Gazette or in digital or online form, the
following:

(1) All laws of the Philippines and its amendments;

(2) All presidential issuances from November 15, 1935 to the present,
inclucling but not limited to, presidential proclamations,
administrative orders, memorandum circulars, general orders, and
other similar issuances;

(3) A database of ail appointments and designations made by the
President of the Philippines; and

(4) Opinions of the Secretary of Justice.

SEC. 22 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

15


Gazette, with the corresponding timestamp on the document, shall be considered
as official publication:

(a) All important legislative acts and resolutions of a public nature of
the Congress of the Phil

(b) All executive
general applicatio

and administrative orders and proclamations of

(©) 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 ficial Gazette or in any newspaper of general
circulation for purposes of compliance with the publication requirement.

SEC. 23. Act not a Bar to Claim Right to Information Under the
Constitution. - No provision of this Act shall constitute a bar to any claim of
denial of the right to information under Article III, Section 7 of the Constitution.

SEC. 24.Separability Clause. - If any provision of this Act or part thereof
is held invalid or unconstitutional, the remaining provisions not affected thereby
shall remain in full force and effect.

SEC. 25. Repealing Cluuse. ~ All laws, decrees, executive orders, rules and
regulations or any part thereof inconsistent with the provisions of this Act,
including Sections 18,24 and 25 of Executive Order No. 292 otherwise known as
the Administrative Code of 1987 in relation to Article 2 of the Civil Code,
Memorandum Circular No. 78 dated 14 August 1964 on the Rules Governing
Security of Classified Matter im Government Offices, as amended, and Section 3,
Rule IV of the Rules Implementing Republic Act No. 6713 otherwise known as
the Code of Conduct and Ethical Standards for Public Officials and Employees
are hereby repealed.

SEC. 26. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,

16