HOUSE OF REPRE

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session |

2284 |
Le

House Bill No.

Introduced by AKBAYAN Representative Tomasito S. Villarin

EXPLANATORY NOTE

Every Filipino citizen should be able to demand transparency and
accountability from the State. Furthermore, the emergence of more
accessible and faster means of communication brought about by
developments in information technology now makes it easier for the State to
comply with citizens’ demand for truth, transparency and accountability.
These are the main premises of this bill which was also filed by Akbayan’s
representatives during the 16 Congress.

The right of every Filipino citizen to information is guaranteed by no less
than the 1987 Philippine Constitution. Section 7 of the Bill of Rights
recognizes the right of the people to information on matters of public
concern and the corollary right of access to official records, documents and
papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development.

The Freedom of Information bill has evolved since former Representative
Oscar Orbos filed the bill’s first version on 31 August 1992, an evolution
reflected in the version filed in 2010 by then Representative Lorenzo Tanada.
Meanwhile, consultations between public officials and stakeholders were
made in order to strike a balance between the right to information and the
duty of the government to function efficiently for the people.

A citizenry empowered with information will know not only what to demand
from public officials but also what to demand from themselves as well. The
power of information fuels the much needed participation of the people in
the affairs of the State.

In view of the foregoing, the passage of this bill is earnestly s

‘SITO S. VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 2284

Introduced by AKBAYAN Representative Tomasito S. Villarin

AN ACT
TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION HELD
BY THE GOVERNMENT

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 “Freedom of
Information Act of 2016.”

SECTION 2. Declaration of Policy. — The State recognizes the right of the
people to information on matters of public concern, and adopts and
implements a policy of full public disclosure of all its transactions involving
public interest, subject to the procedures and limitations provided by this
Act. This right is indispensable to the exercise of the right of the people and
their organizations to effective and reasonable participation at all levels of
social, political and economic decision-making.

SECTION 3. Definition of Terms. — As used in this Act:

(a) “Information” shall mean any record, document, paper, report, letters,
contract, minutes and transcripts of official meetings, maps, books,
photographs, data, research, material, film, sound and video
recordings, magnetic or other tapes, electronic data, computer stored
data, or any other like or similar data or material recorded, stored or
archived in whatever form or format, which are made, received or kept
in or under the control and custody of any government agency
pursuant to law, executive order, rules and regulations, ordinance or
in connection with the performance or transaction of official business
by any government agency.

(b) “Government agency” shall include the executive, legislative and
judicial branches as well as the constitutional bodies of the Republic
of the Philippines including, but not limited to, the national
government and its agencies, regulatory agencies, chartered
institutions, government-owned or-controlled corporations, including

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wholly-owned or controlled subsidiaries, government financial
institutions, state universities and colleges, the Armed Forces of the
Philippines, the Philippine National Police, all offices in the Congress
of the Philippines including the offices of Senators and
Representatives, the Supreme Court and all lower courts established
by law.

(c) “Official records” shall refer to information produced or received by a
public officer or employee, or by a government agency in an official
capacity or pursuant to a public function or duty. This shall not refer
to the stage or status of the information.

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

SECTION 4. Access to Information. - Every person who is a Filipino
citizen has a right to and shall, on request, be given access to any record
under the control of a government agency. 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, subject to the exceptions enumerated under Section 6 of this
Act, regardless of their physical form or format in which they are contained
and by whom they were made.

SECTION 5. Presumption. - There shall be a legal presumption in favor of
access to information. The request for access to information may be denied
only if it clearly falls under the exceptions provided under this Act.

SECTION 6. Exceptions. — Access to information shall be granted unless:

(a) The information requested 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 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 may unduly weaken the negotiating position of the
government in an ongoing bilateral or multilateral negotiation or
seriously jeopardize the diplomatic relations of the Philippines with
one or more states. Provided, further, that the executive order shall
specify the reasonable period after which the information shall be
automatically declassified or subject to mandatory declassification
review, and that any reasonable doubt as to classification and
declassification shall be settled in favor of the right to information;

(b) The information requested pertains to records of minutes and advice
given and opinions expressed during decision-making or policy

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formulation, invoked by the Chief Executive to be privileged by reason
of the sensitivity of the subject matter or the impairment of the Chief
Executive's deliberative process that would result from the disclosure
thereof. Once policy has been formulated and decision is made,
minutes and research data may be made available for disclosure
unless they were made in executive session.

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

(i) | Unduly compromise or interfere with any legitimate military or
law enforcement operation, or

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

(iii) Deprive a person of a right to a fair trial or an impartial
adjudication, or

(iv) 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 compiled by a
law enforcement authority in the course of an investigation or
by an agency conducting a lawful national security intelligence
division, information furnished by a confidential source, or

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

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

(4) The information requested consists of drafts of orders, resolutions,
decision, 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.

(c) The information requested was 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 its disclosure
would clearly 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 secrets and commercial or
financial information obtained from a natural or juridical person other
than the requesting party, obtained in confidence or covered by
privilege communication, and/or filed with a government agency,
whenever the revelation thereof would seriously prejudice the interest
of such natural or juridical person in trade, industrial, financial and
commercial competition;

(h) The information requested is classified as privileged communication in
legal proceedings by law or by the Rules of Court;

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

() The information requested has already been made accessible as
provided for in Section 10.

Provide, That: (1) the exceptions are strictly construed; (2) the exceptions are
not used to cover-up a crime, wrongdoing, graft or corruption; (3) 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 and
control, when they deem that there is overriding public interest in
disclosure; and (4) the exceptions do not constitute authority to withhold
information from Congress, nor authority for the executive branch of a local
government unit to withhold information from the legislative body of such
local government unit.

SECTION 7. Mandatory Disclosure of Information. —

(a) Pursuant to, and to implement, Article XI, Section 17 of the 1987
Philippine Constitution, the following national officials shall provide to
the public through their official website their Statement of Assets,
Liabilities, and Net Worth (SALN) on an annual basis, to wit:

() The President;

(ii) The Vice-President;

(iii) | Members of the Cabinet;

(iv) Members of Congress;

(v) The Chief Justice and Justices of the Supreme Court;

(vi) The members of Constitutional Commissions and members of
other Constitutional offices; and

(vii) The Officers of the Armed Forces of the Philippines with a rank
of general

(b) All agencies of all branches of government shall upload on their official
websites, and update it on a monthly basis, a register of the following:

(i) Fully copy of the Freedom of Information Manual;

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(ii) Rules of procedure, including for requests for access to
information, description of forms available or the places at
which forms may be obtained, and instructions as to the scope
and contents of all papers, reports, examinations;

(iii) 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;

(iv) Public interest documents or records, including:

(1) Annual budget of the government agencies;

(2) Itemized monthly collections and disbursements;

(3) Summary of income and expenditures;

(4) Component of the internal revenue allotment utilization;

(5) Annual procurement plan and procurement list;

(6) Items to bid;

(7) Bid results on goods and services, and civil works;

(8) Abstract of bids as calculated;

(9) Procurement contracts entered into by the government
agency;

(10) Construction or concession agreements or contracts
entered into by the government agency with any domestic or
foreign persons or entities;

(11) Private sector participation agreements or contracts in
infrastructure and development projects under Republic Act
No. 6957, as amended by Republic Act No. 7718, otherwise
known as “An Act Authorizing The Financing, Construction,
Operation and Maintenance Of Infrastructure Projects By
‘The Private Sector, And For Other Purposes”;

(12) Public funding extended to any private entity;

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

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

(15) Statement of assets, liabilities and net worth (SALN) of
public offices;

(16) Guarantees given by the 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 at least fifty million pesos (Php
50,000,000.00),shallbe uploaded in full on the website of the concerned
government agency or published in the Official Gazette online subject to the

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succeeding section. A covered record shall be enrolled in the register not
later than thirty (30) working days from its perfection or issuance.

(c) 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, especially 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 website that would
accept and address grievances and complaints within two (2) years
from the effectivity of this Act.

(d) Should an agency lack the capacity to comply with the online
uploading requirements 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 from the effectivity of this
Act.

SECTION 8. Promotion of Openness in Government. -

(a) Duty to publish information. - Government agencies shall regularly
publish, print and disseminate in their official website, at no cost to
the public and in accessible form, in conjunction with Republic Act
No. 9485 or the “Anti-Red Tape Act of 2007”, timely, true, accurate
and updated key information including, but not limited to:

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

(ii) A description of the frontline services it delivers and the
procedures, including lengths of time, to avail these services;

(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;

(vy) Important rules and regulations, orders or decisions: Provided,
That they be published within fifteen (15) days from
promulgation;

(vi). Current and important database and statistics that the
government agency generates;

(vii) Bidding processes and bidding requirements; and

(viii) Mechanisms or procedures by which the public may participate
in, or otherwise influence, the formulation of policy or exercise
of powers by the government agency.

(b) Accessibility of language and form. - Every government agency shall
endeavor to translate key information into major Filipino languages
and present them in popular form and means.


() Improving capability. - Every government agency shall give adequate
training to its officials and employees to improve their awareness of
the right to information and the provisions of this Act, and to keep
them updated of best practices with regard to information disclosure,
records maintenance and archiving.

SECTION 9. Coverage. - The provisions of this Act shall cover all
government agencies as defined under Section 3 of this Act.

SECTION 10. Exemption from Compliance. ~ The government agency is
excused from granting a subsequent and identical or a substantially similar
request for access to information from the same requesting party when it
has previously granted the request, unless a reasonable interval has lapsed
from the previously granted request for access to information and the
government agency complies with the provisions of Section 18 of this Act.

SECTION 11. Additional Protection of Privacy. - The provisions of this
Act on access to information to public records should not be interpreted to
deny the right to privacy of individuals. To afford full protection to an
individual’s right to privacy:

(a) A government agency must ensure that personal information in its
custody or under its control is disclosed only as permitted under this
Act;

(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;

(c) An employee, officer or director of a 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.

SECTION 12. Administrative Liability. — Any public official or employee
who willfully and knowingly commits the following acts shall be liable for
gross neglect of duty, and administrative and disciplinary sanctions:

(a) Refusal to promptly forward the request made under Section 16 of this
Act to the public officer within the same office or agency who has the
official responsibility to act on the request, when such refusal is the
direct cause of the failure to disclose information within the periods
required by this Act;

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


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

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

SECTION 13. Criminal Liability. —

(a) Any public official or employee who falsely denies or conceals the
existence of information mandated for disclosure under this Act shall
be liable under Article 226 of the Revised Penal Code for the
concealment of documents.

(b) Any public official or 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, shall be liable under Article 226 of the Revised Penal Code for
the removal or destruction of documents.

(c) Any private individual who knowingly induced or cause the
commission of the foregoing acts shall be liable as principal by
inducement in the acts punished under this Section.

SECTION 14. 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 a ground for administrative or criminal liability.

SECTION 15. Implementation Requirements. —

(a) For the effective implementation of this Act, all government agencies
shall prepare a Freedom of Information Manual, which shall contain
the following:

(i) The location and contact information of the national, regional,
provincial and field offices, and other established places where
the public can obtain information or submit request for access
to information;

(ii) The types of information the government agency generates,
produces, holds in custody and/or publishes;

(iii) A description of its record-keeping system;

(iv) The persons or offices responsible for receiving requests for
access to information;


() The procedure for the filing of requests for access to
information, including those personally, by mail or through
identified electronic means;

(vi) The standard forms for the submission of requests for access to
information and for the proper acknowledgement of requests
received;

(vii) The process of disposition of request, including the routing of
requests to the persons or offices which have the official duty to
act on such requests, the decision-making process leading to
the grant or denial of access to information, and the
implementation of the grant or denial;

(viii) The procedure for administrative appeal on any denial for
access to information;

(ix) The schedule of fees;

(*) The process and procedure for the mandatory disclosure of
information under Section 7 of this Act: Provided, That, in lieu
of the said process and procedure, and should the government
agency lack the capacity to comply with Section 7, a brief
description of the government agency’s plan to facilitate
compliance within three (3) years from the approval of this Act
will suffice.

(xi) Such other information, taking into consideration the unique
characteristics of an agency, that will facilitate the effective
implementation of this Act.

(b) The contents of the Freedom of Information Manual, as enumerated
above, shall also be posted in the government agency's official website
and bulletin boards, which shall be regularly updated.

(c) In no case shall the absence of the Freedom of Information Manual be
a reason for the denial of any request for access to information made
under the provisions of this Act.

(@) The heads of each of the departments and agencies may designate
liaison units or committees who shall coordinate with other units of
the said department or agency in implementing this Act. The
composition, function, and duties of these liaison units or committees
shall be set out in the implementing rules of this Act and shall be
included in the Freedom of Information Manual.

SECTION 16. Procedure of Access. —


(a) Any person who wishes to obtain information shall personally, by
mail, or through electronic means, submit a request to the
government agency concerned. A person who is unable to make a
written request for access to information, due to illiteracy or being a
person with disability, may make a verbal request, and the public
officer who receives the verbal request shall reduce it in writing. The
public officer shall include his name and his official position, and give
a copy of the said written request to the requesting party.

‘The request shall state the name and preferred contact information of
the requesting party, and reasonably describe the information
requested, the reason for the request for access to information, and
the preferred means by which the government agency shall
communicate such information to the requesting party: Provided, That
the stated reason shall not be used as a ground to deny the request or
to refuse acceptance of the request, unless such reason is contrary to
law. If the request is submitted personally, the requesting party shall
show identification documents, which may be an identification card
issued by a government agency, a public or private employer or
educational institution, or a community tax certificate. If the request
is submitted by mail or through electronic means, the requesting
party may submit a photostatic or an electronically scanned copy of
the identification document, or submit the same through other
convenient means as determined by the agency.

(b) The request shall be stamped received by the government agency,
indicating the date and time of receipt, the name, rank, title, position
and signature of the public officer or employee who received the
request, 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 to meet the requirements of
this paragraph. Each government agency shall establish a system to
trace the status of all requests for access to information received.

(c) The request may indicate the requesting party’s preferred mode and
means of receiving the information requested: Provide, That the mode
and means are reasonable, taking into account the equipment
normally and regularly available to the concerned government agency.

(a) 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 preferred means would be detrimental to the preservation
of the record, or the government agency has no capability of
communicating the information in the preferred format.

(c) The government agency shall comply with such requests for access to
information as soon as practicable, which shall not exceed fifteen (15)
working days from the receipt thereof. The period whenever the

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information requested requires a search of the government agency’s
field or satellite offices or requires the examination of voluminous
records, or whenever the government agency is prevented to comply
because of fortuitous events, or other analogous cases;

(9 The government agency shall, in writing or through electronic means,
notify the requesting party 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.

(g) Once a decision is made to grant the request, the requesting party
shall be notified of such and be made to pay the required access and
processing fees.

SECTION 17. Access and Processing Fees. — Government agencies may
charge a reasonable fee to reimburse the actual cost of reproduction,
copying or transcription, and communication of the information requested.

SECTION 18. Notice of Denial. — If the government agency decides to deny
the request, in whole or in part, it shall, as soon as practicable, within
fifteen (15) working days from receipt of the request, notify, in writing or
through electronic means, the requesting party of such denial, setting forth
the grounds for denial. Failure to notify the requesting party of the denial or
extension shall be deemed a denial of the request for access to information.

SECTION 19. Remedies in Cases of Denial. -
(a) In all government agencies other than the judicial branch. ~

(i) Every denial of a request for access to information may be appealed
to the head of the agency, following the procedure mentioned in Section 15
(a) (8) of this Act: Provided, That the appeal must be filed within fifteen (15)
calendar days from receipt of the notice of denial and must be decided
within fifteen (15) calendar days from filing. Failure to resolve the appeal
within the aforementioned period shall constitute a denial of the appeal.

(ii) Instead of appealing or after the denial of the appeal, the person
denied access to information may file a verified complaint with the Office of
the Ombudsman, praying that the government agency concerned be directed
to immediately afford access to the information being requested. Such
complaint shall be resolved by the Office of the Ombudsman within sixty
(60) calendar days from filing, or earlier when time is of the essence, taking
into account the nature of the information requested, context of the request,
public interest involved, and the possibility of the information being moot.
‘The Office of the Ombudsman shall promulgate its special rules of
procedure for the immediate disposition of complaints filed pursuant to this
Section. Unless restrained or enjoined, the decisions of the Office of the

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Ombudsman shall be immediately executor, without prejudice to review in
accordance with the Rules of Court.

(iii) Instead of filing a complaint with the Office of the Ombudsman,
whenever a request for information is denied originally or on administrative
appeal, the person denied access to information may file a verified petition
for mandamus in the proper court, alleging the facts with certainty and
praying that judgement be rendered ordering the respondent public official,
immediately or at some other time to be specified in the order of the court,
to disclose the information and to pay damages sustained, if any, by the
person denied access to information by reason of the denial. The procedure
for such petition shall be summary in nature.

(iv) In resolving a complaint or petition brought under the paragraphs
(ii) and (iii) of this Section, the Office of the Ombudsman or the court before
which the petition for mandamus was filed is empowered to receive the
information subject of a claim of exception under Section 6 of this Act, and,
when jit cannot be reasonably determined through evidence and
circumstances apart from information, examine the information in camera
to determine the sufficiency of the factual and legal basis of such claim.

(b) In the judicial branch. -

The remedies available to a person denied access by an office in the
judiciary shall be governed by such remedies as promulgated by the
Supreme Court.

() The remedies under this Section are without prejudice to any other
administrative, civil or criminal action covering the same act.

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

(e) In case the requesting party has limited or no financial capacity, the
Public Attorney’s Office shall be mandated to provide legal assistance to the
requesting party or the person denied access in availing of the remedies
provided under this Act.

SECTION 20. Keeping of Records. —

(a) Government agencies shall create and/or maintain in appropriate
formats, accurate and reasonably complete documentation or records of
their organization, policies, transactions, decisions, resolutions, enactments,
actions, procedures, operations, activities, communications and documents
received or filed with them and the data gathered or collected. These shall
include working files such as drafts or notes, whenever these have been
circulated within the agency for 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, actions, procedures, operations and activities.

(b) Government agencies shall identify specific and classes of official
records in their custody or control that have continuing historical,
administrative, informational, legal, evidentiary, or research value to the
National Archives of the Philippines. In addition, the National Archives of
the Philippines shall likewise identify specific and classes and classes of
official records that it shall require agencies to preserve and transfer to it

(c) In addition to the specific and classes of official records identified
for preservation under subsection (b) of this Section, the following shall not
be destroyed:

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

(ii) Records of government contracts;

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

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

(4) Government agencies shall prepare, following standards and periods
promulgate pursuant to Republic Act No. 9740, otherwise known as the
“National Archives of the Philippines Act of 2007”, a records management
program that includes the following:

(i) 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;

(ii) A record maintenance, archival and disposition schedule providing
a listing of records under the current use, for retention by the agency, for
transfer to the National Archives, or for destruction: Provided, That
destruction of official records may be implemented only upon approval of the
National Archives of the Philippines; and

(iii) A specification of the roles and responsibilities of agency personnel
in the implementation of such system and schedule.

(c) In addition to its functions 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 Philippine 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

13


relevant government agencies, maintain a database, and publish the same
in print in the Official Gazette or in digital or online form, the following:

(i) All laws of the Philippines and their amendments, from the period
of the Philippine Commission to the present;

(ii) 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;

(iii) A database of all appointments and designations made by the
President of the Philippines; and

(iv) Opinions of the Secretary of Justice.

(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 so 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 22. 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 denial of the right to information under Article III, Section 6 of the
1987 Constitution.

SECTION 23. Separability Clause. - If any section or part of this Act is
heled unconstitutional, no other section or provision shall be affected.

SECTION 24. Repealing Clause. ~ All laws, decrees, executive orders, rules
and regulations, issuances or any party 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 Implementing Rules and Regulations of Republic
Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials
and Employees), are deemed repealed.

SECTION 25. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) national papers of general circulation.

Approved,

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