HOUSE F REPRISENT ATIVES
ECENCD
10 AUG 2016

HOUSE OF REPRE
Quezon City

House Bill No.

Introduced by Representative RAMON V. A. "RAV" ROCAMORA

EXPLANATORY NOTE

We salute President Rodrigo R. Duterte for immediately signing an
Executive Order (EO) on Freedom of Information (FON) that covers the Executive
Branch of government, Nonetheless, we know that government is just one third
Executive, the two other branches of government, the Legislature and Judi
as well as Local Governments are not covered by President Duterte's FOI EO,

‘The ball is therefore now in Congress’ court so that Freedom of
Information is institutionalized. This is quite vivid when Presidential
Communications Office Secretary Martin Andanar said the President “leaves it to
both chambers of Congress on passing an FOI bill, being an independent and co-
equal branch of government.”

So much has been said why FOI should be expanded.

‘The people's right to information held by government is expressly
recognized in no less than the Constitution. Article Ill (Bill of Rights), Sec. 7 of
the 1987 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.

Complementing the Bill of Rights provision on Freedom of Information
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(FOI) is the state policy of full disclosure of all state transactions involving public
interest. Article Il (Declaration of Principles and State Policies), Section 28 reads:

Subject to reasonable conditions prescribed by law, the
State adopts and implements a policy of full public disclosure of all
its transactions involving public interest.

While the Supreme Court has consistently held that the right to
information under the Bill of Rights is self-executory, it lacks the substantive and
procedural details necessary for its effective and predictable implementation.

It is therefore imperative that Congress legistates an FOI bill that covers
the entire government.

I humbly file this bill to complete our people's right to information with
the following specific purposes:

First, it seeks to address the lack of definite scope and limitations to the
right to information. Second, it seeks to address the absence of a uniform and
effective procedure for access to information. Third, it seeks to address the
absence of sanctions for unlawful denial or delay of access to information.
Fourth, it introduces mechanisms to facilitate better citizen a to
information, such as providing standards for record keeping and mandating the
pro-active disclosure of classes of information imbued with high public interest.

Beyond the above specific purposes, this bill will also promote the general,
purposes that the framers of the Constitution sought to achieve with the expres
recognition of the right to information and the adoption of full disclosure of
transactions as a state policy. The twin constitutional provisions of the right to
information and the policy of full public disclosure of government transactions
are intended to promote the fundamental precepts of democracy, people's
participation, public office being a public trust, government accountability,
prevention of corruption, and responsive decision-making.

The enactment of this bill is therefore earnestly urged.

RAMON V.A. “RAV” ROCAMORA
Répresentative
Lone District, Siquijor

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Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City

SEVENTEENTH CONGRESS

First Regular ‘Bibs

House Bill No.

Introduced by Rep. Ramon V. A. “RAV” Rocamora

AN ACT TO STRENGTHEN THE
PEOPLE'S RIGHT TO INFORMATION

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

eedom of Information Act of 2016.”

SECTION 2. Declaration of Policy. - Public office is a public trust, and

public officer

s and employees must at all times be accountable to the people.

Sovereignty resides in the people and all gov

ment authority emanates from
them. Pursuant to these, the State recognizes the right of the people to
information held by government, and adopts and implements a policy of full
public disclosure of all its transactions, subject to the procedures and
limitations provided by this Act. Access to information held by government is
indispensable to the exercise of the people's right 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,


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SECTION 4. Definition of Terms. - As used in this Act:

(a) “Information” shall mean any record, document, paper, report, letter,
contract, minutes, transcript, map, book, photograph, film, sound and video
recording, magnetic or other tape, electronic data, computer stored data, or any
other like or similar material recorded, stored or archived in whatever form or

format, which: (i) are made or r¥

ived by, or kept under the control or 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 or official; (ii) are part of official or
public records in the custody of government agencies or officials; (iii) record,
evidence, establish, confirm, support, justify, or explain official acts,
transactions or decisions of government agencies or officials; or (iv) are part of
research data, whether raw, collated or processed, in the custody of the

government and used in formulating government poli

(b) “Government agency” shall include the executive, legislative and
judicial branches as well as the constitutional bodies of the Republic of the
Philippines including, but not limited to, the national government and all its
agencies, departments, bureaus, offices and instrumentalities, constitutional
commissions and constitutionally mandated bodies, local governments and all
their agencies, regulatory agencies, chartered institutions, government-owned

or -controlled corporations, including wholly-owned or controlled subsidiaries,

government financial institutions, state universities and colleges, the Armed
Forces of the Philippines, the Philippine National Police, all offices in the
Congress of the Philippines including the offices of Senators and

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

(c) “Official records” 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. This shall not refer to the stage or status

of the information.


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(a) “Public records” include information required by law, executive
orders, rules, or regulations to be entered, kept and made publicly available by a
government agency.

SECTION 5. Access to Information. - Every person who is a Filipino
citizen has a right to and shall, on request, be given access to any information

under the control of a government agency, regardless of the physical form or

format in which these are contained, subject to the exceptions enumerated
under section 7 of this Act.
SECTION 6. Presumption.

There shall be a legal presumption in favor
of access to information. Accordingly, government agencies shall have the
burden of proving, by clear and convincing evidence, that the information
requested is exempted from disclosure by this Act.

SECTION 7. Exceptions. ~ Access to information shall be granted unless:

(a) The information

specifically authorized to be kept Secret under

guidelines established by an Executive Order, and_ properly cl

lassified pursuant
thereto: Provided, that (1) The information directly relates to national security
or defense and its revelation will cause serious damage to the national security
or internal and/or external defense of the State; or (2) The information
requested pertains to the foreign affairs of the Republic of the Philippines, when

its revelation will unduly weaken the negotiating position of the government in

an ongoing or proposed bilateral or multilateral negotiation or seriously
jeopardize the diplomatic relations of the Philippines with one or more states
Provided, that sufficient information is disclosed to afford reasonable public
participation in government decision-making on bilateral and multilateral
agreements. The Executive Order shall specify the reasonable period after

which the information shall be automatically declassified or be subject to

mandatory declassification review. Any reasonable doubt as to classification
and declassification shall be settled in favor of the right to information.

(b) The information consists of minutes or records of advice given or of



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opinions expressed during decision-making or policy formulation, invoked by
the Chief Executive to be privileged by reason of the impairment of the Chief
Executive's presidential communications privilege that would result from the
disclosure thereof: 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 and law enforcement, when the disclosure thereof would:

(i) Compromise or interfere with any legitimate military or law
enforcement operation;

(i) Compromise or interfere with the prevention, detection or
suppression of criminal activity or the effective implementation
of immigration controls and border security;

(iii) Disclose the identity of a confidential source, including a
government, foreign agency or authority, or private institution
which furnished information on a confidential basis, or, in the
case of information compiled by a law enforcement authority in
the course of an investigation or by an agency conducting a
lawful national security intelligence investigation, disclose the
information furnished by a confidential source;

{iv) Disclose techniques and procedures for law enforcement
investigations or prosecutions, or guidelines for law

enforcement investigations or prosecutions, if such disclosure

could reasonably be expected to risk circumvention of the law;
or
(v) Endanger the life or physical safety of any individual.
(d) The information requested consists of drafts of orders, resolutions,
or decisions by any executive, administrative, regulatory, constitutional, judicial

or quasi-judicial body in the exercise of their adjudicatory function.


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(c) The information requested is obtained by either House of Congress,

or any committee thereof, in executive session, whenever such information falls

under any of the foregoing exceptions.
(8) The information requested pertains to the personal information of a

natural person other than the requesting party, and its disclosure would cl

rly
constitute an 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 relates to his or her public function or the person
has consented in writing to the disclosure of the information.

(g) 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, or filed with a government agency, whenever

the revelation thereof would seriously prejudice the interests of such natural or

juridical person in trade, industrial, financial or commercial competition, unles

such natural or juridical person has consented to the disclosure of the
information.

(h) 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.

(i) The information requested is exempted by law or the Constitution, in
addition to those provided in this section.

(j) The information is of a nature that its premature disclosure would

result in serious damage to public interest: Provided, that the information shall
be accessible once the danger of serious damage to public interest has ceased.
(k) The information is requested by a person whose request for an

identical or substantially s

milar information has recently been complied with,

and no meritorious reason is given to justify a repeat of the request: Provided,
that this exception applies exclusively to the person making the repeated

request.


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Provided, that:

(1) The exception

set forth in this section shall be strictly construed;

(2) Exceptions cannot be invoked to cover-up a crime, wrongdoing, graft,
or corruption;

(3) Whenever the information covered by an exception may be
reasonably severed from a record, the part not covered by the
exception shall be disclosed to the requester;

(4) The President, the Supreme Court, the Senate, the House of
Representatives, and the Constitutional Commissions 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 a
compelling or overriding public interest in disclosure; and

(5) In the exercise of the judicial power to interpret the Constitution, the
exceptions set forth in this section may be overcome if the requester
is able to prove before a court of competent jurisdiction that there is a
compelling public interest or need that outweighs the interest in
keeping the information secret or confidential.

For letters (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 of a responsible
central or field officer duly designated by him.

SECTION 8. Keeping of Records. ~ (a) Government agencies shall create

and/or maintain in appropriate formats, accurate and reasonably complete
documentation or official records of their organization, policies, transactions,
decisions, resolutions, enactments, actions, procedures, operations, activities,
communications and documents received or filed with them and data generated
or collected. These shall include working documents 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


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information that can substantially contribute to a proper understanding of the

agency organization, policies, transactions, decisions, resolutions, enactments,

ctions, procedures, operations, and activities.

(b) Government agencies shall identify specific and classes of
information in their custody or control that have continuing historical,
administrative, informational, legal, evidentiary, or research value for
preservation by such agencies, 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 information that it shall require agencies to
preserve and transfer to it.

(©) addition to the specific and classes of official records identified for

preservation under letter (b) of this section, the following shall not be

destroyed

ment;

(1) Records of loans obtained or guaranteed by the gover:

(2) Records of government contracts; and

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

(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 information that facilitates
the easy identification, retrieval and communication of
information to the public; and

(2) A records maintenance, archival and disposition schedule
providing a listing of information under current use, for
retention by the agency, for transfer to the National Archives, or

for destruction: Provided, that destruction of information may be



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implemented only upon approval of the National Archives of the
Philippines.

(c) In addition to its function as repository of all rules and regulations
issued by agencies as provided under Book VII, 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 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, 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 9. 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 disability, to make a written request may make
an oral request, and the public official who receives the oral request shall
reduce it to writing and give a copy thereof to the person who made the request.
‘The request shall state the name and contact information of the requesting
party, a reasonable description of the information requested, and the reason for
the request: Provided, that the stated reason cannot be used as a ground to deny

the request or to refuse the acceptance of the request, unless such reason is

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contrary to law. If the request is submitted personally, the requesting party

shall show his current identi

ation card issued by any government agency, or
government or private employer or school, or other reasonable means of

ident

cation. If the request is submitted by mail or through electronic means,
the requesting party may submit a photostatic or electronically scanned copy of

the identification, or other convenient means

determined by the agency.

(b) 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,

(c) 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.

government agency shall establish a system to trace the status of all requests
for information received by it.
(d) The request may indicate the following preferred means of
communication:
(1) A true copy of the information in permanent or other form;
(2) An opportunity to inspect the information, using equipment
normally available to the government agency when necessary;
(3) An opportunity to copy the information using personal
equipment;
(4) A written transcript of the information contained in an audio or
visual form;
(5) A transcript of the content of an information requested in print,
sound, or visual form where such transcript is capable of being

produced using equipment normally available to the government


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agency;
(6) A transcript of the information from shorthand or codified form;
or
(7) Other reasonable means or format;

Provided, that the mode and means are reasonable and taking into
consideration equipment normally available to the concerned government
agency. 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, the agency
has no capability in communicating the information in the preferred format or
be detrimental to the preservation of the record.

(e) 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: Provided, that where the information requested is shown to be urgently
needed for the protection of the life or liberty of a person, the same shall be
provided within forty-eight (48) hours from the receipt of the request.

(8) The period of fifteen (15) days may be extended whenever the
information requested requires: a search of the government agency's field or
satellite offices; examination of voluminous records; the consultation, to be
conducted in all practicable speed, with another government agency having
substantial interest in the determination of the request; or, the occurrence of
fortuitous events or other analogous cases. ‘The government agency shall, in
writing or through electronic means, notify the person making the request of
the extension, sctting 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 by more than twenty (20) working days.

(g) If the information is not held by the government agency to which the
request was made, it shall notify the requester that it does not hold the

information, and indicate to the requester which agency holds the record, if

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known. Whenever practicable, the agency receiving the request may 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 receipt by the agency to which the request is
transferred.

SECTION 10. Processing 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. An agency
may waive the fees whenever it is satisfied that the requester is an indigent, or
that the cost of reproduction is negligible, or that it is pursuant to a program for
proactive disclosure.

SECTION 11. 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) working days from the receipt of the request, notify the
requester of the denial in writing or through electronic means. The notice shall
indicate the name, rank, title or position of the person making the denial, clearly
set forth the ground/s and 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.

SECTION 12. Remedies in Cases of Denial.

(a) Inall government agencies other than the judicial branch:
(1) A person whose request for information has been denied may

ask for a reconsideration from thi

same official who originally
denied the request, or file an administrative appeal following the
procedure mentioned in Section 15 (8) of this Act: Provided, That
the administrative appeal must be filed within fifteen (15)
calendar days from the receipt of the notice of original denial or

denial on reconsideration. Every notice of denial shall include

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(2)

@)

check-box options of whether the requester will ask for a
reconsideration or file an administrative appeal. ‘The requester
may submit further arguments to strengthen his request. Failure
of the government agency to decide within the aforestated
period shall constitute a denial of the appeal.

Instead of appealing, or after the denial of the administrative

appeal, the person denied access

to information may file a

verified complaint with the Office of the Ombudsm:

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 based on factors such as the
nature of the information requested, the context of the request,
public interest, or the 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

ection. Unl ained or

re

enjoined, the decision of the Office of the Ombudsman shall be
immediately executory, without prejudice to review in
accordance with the Rules of Court.

Instead of filing a Complaint with the Office of the Ombudsman,

whenever a request for information i

denied originally or on
administrative appeal, the requesting party may file a verified
petition for mandamus in the proper court, alleging the facts
with certainty and praying that judgment be rendered ordering
the respondent, immediately or at some other time to be
specified by the court, to disclose the information and to pay

damages that may have been sustained by the requesting party

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by reason of the denial, The procedure for such petition shall be
summary in nature. Unless restrained or enjoined, the decision
of the court shall be immediately executory, without prejudice to
review in accordance with the Rules of Court;

(4) In resolving a Complaint or Petition brought under the preceding
paragraphs (2) and (3), the Ombudsman or the court is
empowered to receive the information subject of a claim of
exception under Section 7 herein and examine 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 under this section are without prejudice to any other

administrative, civil or cri

inal action covering the same act.

(€) The remedies available under this Act shall be exempt from the rules
on non-exhaustion of administrative remedies and the application of the
provisions of Republic Act No. 9285, otherwise known as the Alternative
Dispute Resolution Act of 2004.

(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
requester in availing of the remedies provided under this Act.

SECTION 13. Mandatory Disclosure of Information. - Subject to
Section 7 of this Act, all government agencies shall upload on their websites,
which shall be updated as frequently as possible but in no case shall be
outdated by more than a month, the following information:

(1) Budget information, including: Annual Budget; Itemized Monthly

Collections and Disbursement

ummary of Income and Expenditures; and

Component of the IRA Utilization.

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(2) Procurement information, including: Annual Procurement Plan and

Procurement List; Items to Bid; Bid Results on Civil Works, Goods and Services
and Abstract of Bi

Calculated

(3) A register of the following tran:

jons:
(i) Procurement contracts entered into by a government agency;

(ii) Construction or cone

jon agreements or contracts entered into
by a government agency with any domestic or foreign person or
entity;

(ili) Private sector participation agreements or contracts in
infrastructure and development projects under Republic Act No.
6957, as amended by Republic Act No. 7718;

(iv) Public funding extended to any private entity;

(v) Bilateral or multilat

agreements and treaties in defense,
trade, economic partnership, investments, cooperation and
similar binding agreements;

(vi) Licenses, permits or agreements granted by any government
agency to any person or entity for the extraction and/or

utilization of natural resources, including a list of the grantees;

(vii) Guarantees given by any government agency to government-

owned or controlled corporations and to private corporations,

persons or entities;

ance,

(viii) Loans, grants, development assistance, technical as

and programs entered into by a government agency with

domestic and foreign financial in:

‘itu

‘ons, official bilateral or
multilateral agencies, as well as with private aid agencies or
nd

institutions,
(ix) Compromise agreements entered into by a government agency
with any person or entity.

‘The register shall contain a brief description of the transaction involved,

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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 (P50,000,000.00) shall be uploaded in full
on the website of the concerned government agency or the Official Gazette
Online. A covered information shall be enrolled in the register not later than 30
working days from its perfection or issuance.
(4) Agency information, including:
(i) A description of its mandate, structure, powers, functions, duties

and decision-making processes;

(ii) A description of the frontline services it delivers and the

procedure and length of time by which they may be availed of;

(iii) ‘The names of its key officials, their powers, functions and
responsibilities, and their profiles and curriculum vitae;

(iv) Work programs, development plans, investment plans, projects,
performance targets and accomplishments, and budgets,
revenue allotments and expenditures;

(v) Important rules and regulations, orders or decisions: Provided,
that they shall be published within fifteen (15) calendar days
from promulgation;

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

(vii) Mechanisms or procedures by which the public may participate
in or otherwise influence the formulation of policy or the
exercise of its powers.

SECTION 14. Capacity Building and Popularization, -- (a) Should an
agency lack the capacity to comply with the website uploading requirement of
the preceding section, the agency shall initiate a capacity-building program,

coordinate with another appropriate agency, or use an alternative mechanism


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to facilitate substantive compliance not later than three (3) years from the

effectivity of this Act. The National Computer Center shall monitor all

government agency websites and provide appropriate support for their

development and full compliance with the requirements of this Act.

(b) Every government agency shall ensure the provision of adequate

training for its officials to improve awareness of the people's ownership of
government information and the provisions of this Act, and to keep updated as
to best practices in relation to information disclosure, records maintenance and
archiving.

(c) In order to develop accessibility of language and form, government

agencies shall endeavor to translate select vital information into major Filipino
languages and present them in popular form and means.

SECTION 15. People's Freedom of Information (FOI) Manual. ~

(a) For the effective implementation of this Act, all government agencies
shall prepare and regularly update a People's Freedom of Information (FOI)
Manual, setting forth the following:

(1) The location and contact information of the head, regional,
provincial and field offices of the agency, 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 recor:

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;

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(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 and the decision-making process for the grant or
denial of the request;

(8) The procedure for the administrative appeal of any denial for
access to information;

(9) The schedule of fee

(10) The process and procedure for the mandatory disclosure of
information under Section 13 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 this Act.

(b) ‘The People’s FOL Manual shall be posted in the agency website and a
hard copy shall be available at the agency reception area for use by the public.

(c) In no case shall the absence of the People's FO! Manual be a reason
for the denial of any request for information made in accordance with this Act.

SECTION 16. Administrative Liability. - ‘The following acts proven in an
administrative proceeding before the appropriate disciplining authority as
provided under existing laws, rules or regulations, shall be subject to the
administrative penalty of suspension of six (6) months and one (1) day to one
(1) year for the first offense, and dismissal from the service for the second
offense:

(1) Failure to promptly forward a request for information 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 a request for information within the periods

required by this Act;

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(3) Denial ofa request for information without any valid ground;
(3) Claiming an exception under Section 7 of this Act when the claim
is manifestly devoid of factual or legal basis;

(4) Refusal to comply with the dei

on of his immediate supervisor,
the Ombudsman, or of any court ordering the release of
information;

(5) 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 the denial of a request for
information,

In determining the duration of suspension for the first offense,
circumstances that mitigate or aggravate the offense, such as good faith or
malice, shall be considered.

SECTION 17. Criminal Liability, - (a) ‘The following acts

to the penalty of imprisonment of not less than one (1) month but not more

shall be subject

than six (6) months, with the accessory penalty of dismissal from service:

(1) Falsely denying or concealing the existence of information

mandated for disclosure under this Act; and

(2) Destroying, or causing to be destroyed, information and/or
documents being requested under this Act, for the purpose of
frustrating the requesting party's access thereto.

‘aused the

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

(c) The acts under paragraph (a) of this Section, if proven in an
administrative proceeding, shall be subject to the penalty of dismissal, even if
no criminal prosecution is instituted against him.

SECTION 18. Publication in the Official Gazette.

(a) For purposes of mandatory disclosure as provided in section 13 of

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this Act, online publication in the Official Gazette website shall be considered
official publication provided there shall be a timestamp in the said document

(b) 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:

(1) All important legislative acts and resolutions of a public nature of
the Congress of the Philippines;

(2) All executive and administrative orders and proclamations of
general application;

(3) 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;

(4) Such documents or classes of documents as the President shall
determine from time to time to have general application or
which he may authorize so to be published.

However, other documents or classes of documents required by law to
be published, 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 19. No Abuse in the Exercise of Rights and in the

Performance of Duties Under this Act. - 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 act with justice, give everyone his or her due,
and observe honesty and good faith

Public officials and employees as well as citizens shall endeavor to

handle information kept or obtained under this Act with due care, to the end

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that inaccuracies and distortions are avoided.
SECTION 20, Act Not a Bar to Claim of Right to Information Under the
Constitution, No provision of this Act shall be interpreted

a bar to any claim
of denial of the right to information under Article III, Section 7 of the 1987
Constitution.

SECTION 21. 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 22. Separability Clause. - If any section or part of this Act is
held unconstitutional or invalid, the other sections or provisions shall remain in
full force and effect.

SECTION 23. Repealing Clause. ~ All laws, decrees, executive orders,

rules and regulations

issuances or any part thercof 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 Off

s), 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 24. Effectivity. - ‘This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general

circulation.

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