NINETEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES)
Third Regular Session)
SENATE 
S. No. 2880
ICV 25 i'3 :15
lU'.
(In Substitution of Senate Bill Nos. 100, 933, 1006, 1101 and 2321)
Prepared and submitted jointly by the Committees on Public Information and Mass 
Media; Civil Service, Government Reorganization and Professional Regulation; and 
Finance with Senators Poe, Villanueva, Angara, Revilla, Jr., Legarda, and Padilla as 
authors thereof
AN ACT
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE 
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY 
IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "People's Freedom of
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Information Act."
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Sec. 2. Declaration of Policy. - It is hereby declared the policy of the state to
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recognize the right of the people to information on matters of public concern and to
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adopt and implement a policy of full public disclosure of all its transactions involving
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public interest, subject to the procedures and limitations provided by this Act. It is
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likewise the policy of the State to promote the meaningful and increased participation
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of the people in government decision-making and public accountability. Towards these
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ends, public officials and employees, in the performance of their duties as well as
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Citizens in the exercise of their rights under this Act, shali handle information kept or 
obtained fairly, lawfully, and with due regard to the full protection of the right to 
privacy of individuals.
Sec. 3. Definition of Terms. - As used in this Act:
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a. Information refers to any public and/or official record, document, paper,
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report, letters, contract, minutes, and transcripts of official meetings, maps, books,
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photographs, data, research material, film, audio and video recordings, magnetic or
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other tapes, electronic data, computer-stored data, or other like or similar data or
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material of public concern recorded, stored or archived in whatever form or format,
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which are made, received or kept in or under the control and custody of any
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government agency pursuant to law, executive order, rules, and regulations,
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ordinance or in connection with the performance or transaction of official business by
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any government agency;
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b. Offlciai record/s refer to information in final form produced or received by a
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public officer or employee, or by a government agency in an official capacity or
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pursuant to a public function or duty;
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c. Personai Data refers to a collective term used to refer to personal
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information, sensitive personal information, and privileged information. These are any
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information that relates to an identified or identifiable living individual. Different pieces
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of information, which are collected together can lead to the identification of a
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particular person and also constitute personal data;
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d. Personai information refers to any information whether recorded in a material
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form or not from which the identity of an individual is apparent or can be reasonably


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and directly ascertained by the entity holding the information or when put together
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with other information would directly and certainly identify an individual;
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e. Privileged Information refers to any and all forms of data, which, under the
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Rules of Court and other pertinent laws, constitute privileged communication;
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f. Public records refer to information required by laws, executive orders, rules,
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or regulations to be entered, kept, and made publicly available by a government
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agency/office;
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g. Public service contractor refers to a private entity that has a dealing,
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contract, or transaction of whatever form or kind with the government or a
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government agency/office that utilizes public funds;
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h. Sensitive persona! information refers to personal information:
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i. about an individual's race, ethnic origin, marital status, age, color, and
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religious, philosophical or political affiliations;
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ii. about an individual's health, education, genetic, or sexual life of a
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person;
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iii. any proceeding for any offense allegedly or actually committed by an
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individual, including the disposal of, or the court's sentence in such
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proceedings;
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iv. issued by government agencies peculiar to an 
individual which
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includes, but not limited to, social security numbers, previous or current
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health records, licenses or its denials, suspension or revocation, and tax
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returns or data submitted by individuals to government agencies such
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as previous or current health records; and


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V. specifically established by an executive order or an act of Congress to
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be kept classified.
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Sec. 4. Coverage. This Act shall apply to all executive, legislative and judicial
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offices, and constitutional offices, including Local Government Units (LGUS), State
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Universities and Colleges (SUCS), Government-Owned or Controlled Corporations
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(GOCCS), and other government instrumentalities, subject to limitations under existing
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laws. Further, this Act shall also cover back-end government operations, within,
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between, and across agencies, government-to-government communications,
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particularly those involving sharing and processing of data and information between
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and among government agencies for policy, planning, and decision-making purposes,
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and other government operations.
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Sec. 5. Access to Information. - Every Filipino citizen has a right to and shall
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upon request, be given access to any information of public concern under the control
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of a government agency regardless of the physical form in which they are contained
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subject only to the exceptions enumerated in Section 7 of this Act.
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Sec. 6. Presumption. -There shall be a legal presumption in favor of access to
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information. No request for information shall be denied unless it clearly falls under the
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exceptions provided under this Act. Accordingly, government agencies shall have the
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burden of proof of showing by clear and convincing evidence that the information
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requested is exempted from the disclosure by this Act.
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Sec. 7. Exceptions. - Access to information shall be granted unless:
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a. The information is specifically authorized to be kept confidential under
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guidelines established by an Executive Order (E.O.), and in fact properly classified
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pursuant thereto: Provided, That:


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1) The information directiy reiates to nationai security or defense and its 
revelation may cause damage to the national security or internal and 
external defense of the State; or
2) The information requested pertains to the foreign affairs of the 
Republic of the Philippines when its revelation shall unduly weaken the 
negotiating position of the government in an ongoing bilateral or 
multilateral negotiation or seriously jeopardize the diplomatic relations 
of the Philippines with any state, or prejudice the entrusting of 
information to the Republic of the Philippines on a basis of confidence 
by the government of any other country or any international 
organization: Provided, That sufficient information is disclosed to afford 
reasonable public participation in government decision-making on 
bilateral and multilateral agreements: Provided, further. That the head 
of the department or agency having custody or possession of such 
information, shall keep under continuing review all classified information 
in his custody and may direct the declassification review of such review 
as needed. Declassification of information shall be subject to the 
approval of the President.
b. The information consists of minutes or records of advice given or of opinions 
expressed during decision-making or policy formulation including exchanges 
when the chief executive was not present, if invoked by the chief executive to 
be part of presidential communications privilege. Whenever disclosure would 
significantly undermine the free and frank provision of advice or exchange of 
views: Provided, That an executive order shall be issued specifying the


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reasonable period after which information invoked to be privileged under this 
paragraph shall be made accessible to the public;
c. The information requested pertains to internal and/or external defense, law 
enforcement, and border control, when the disclosure thereof may:
1) compromise or interfere with any legitimate military or law 
enforcement operation;
2) compromise or interfere with the legitimate prevention, detection, or 
suppression of criminal activity, or the legitimate implementation of 
immigration controls and border security;
3) 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;
4) disclose legitimate techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose legitimate guidelines 
for law enforcement investigations or prosecutions if such disclosure 
could reasonably be expected to risk circumvention of the law;
5) endanger the life or physical safety of any individual; or
6) deprive a person of a right to a fair trial and impartial adjudication.
d. The information requested pertains to matters of human security, such as, 
but not limited to, food, health, money and trade: Provided, That such


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disclosure or premature disclosure will imperil our well-being or degrade the 
quality of life of our people by causing unnecessary panic and conflict and 
threatening to limit the range of policy choices available to the concerned 
implementing and regulating agencies; Provided, further, That this exception 
shall apply only until such time that the confidentiality requirement of the action 
plan of said agency is no longer necessary in addressing the said security issue;
e. The information requested pertains to the assistance of the government to 
overseas Filipino workers, including but not limited to their cases and records 
on criminal and family cases; and information that could compromise or weaken 
their case or position in any legal proceeding;
f. The information requested involves records of foreign diplomats on 
diplomatic and consular missions, their arrival and departure, and other 
information that could compromise their safety or that such information is 
considered confidential by the Vienna Convention on Diplomatic Relations and 
the Vienna Convention on Consular Relations;
g. The information requested is exempted under a treaty or bilateral agreement 
to which the Philippines is a party;
h. 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 functions. The revelation of which would impair the 
impartiality of verdicts or otherwise obstruct the administration of justice;
i. The information requested and/or obtained by either the House of Congress 
or any committee thereof, in executive session;


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j. The information requested pertains to the personal and sensitive information 
of a natural person other than the requesting party, and its disclosure would 
constitute an unwarranted invasion of his or her personal privacy, or the person 
is or was an official or employee of a government agency and the information 
relates to his other public function or the person has consented, in writing, to 
the disclosure of the information;
k. The information requested forms part of a public record but its disclosure 
would expose the people concerned to acts of discrimination unless such 
information is first redacted by the concerned government agency;
i. 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 a privileged 
communication, and/or filed with a government agency, whenever the 
revelation thereof would prejudice the interests of such natural or juridical 
person in trade, industrial, financial or commercial competition;
m. The information is required to be kept confidential by law or consists of 
privileged information unless the person entitled to the privilege has waived it;
n. The information requested is exempted from disclosure by the Constitution 
or by law;
0. The information is of a nature that its premature disclosure would:
1) in the case of an agency that regulates or deals with currencies, 
interest rates, securities, commodities, or financial institutions, be likely 
to lead speculations in currencies, interest rates, securities, or 
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2) in the case of other agencies, be iikeiy to frustrate the effective 
impiementation of a proposed officiai action: Provided, That the 
information shali be disclosed once the above-mentioned dangers have 
ceased.
p. The information has already been made accessible as provided in Sections 
8(a), 9, 11, and 14 of this Act; and
q. The information requested pertains to information about the ongoing 
evaluation or review of bids or proposals undertaken by the bidding or review 
committee prior to an official recommendation by the government.
For paragraphs (c) to (q) of this section, the determination of whether 
any of these grounds shall apply shall be the responsibility of the head of the 
office of the government agency in custody or control of the information, or 
any responsible central or field officer/s duly designated by him: Provided, That:
1) The exceptions are strictly construed;
2) The exceptions are not used to cover - up legitimate investigations 
being conducted by law enforcement agencies or the Legislature 
involving the commission of a crime, or any unlawful activity wherein 
such information is material or relevant to the allegations or issues;
3) The President, the Supreme Court, the Senate, the House of 
Representatives, and the Constitutional Commissions with a majority 
vote of the body in accordance with their own rules of procedure when 
applicable may waive an exception with respect to information in the 
custody of offices under their respective supervision or control, when 
they deem that there is an overriding public interest in disclosure;


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4) The exceptions do not constitute authority to withhoid information 
from, or limit the availability of records to Congress, or any of its 
committees;
5) The exceptions do not constitute an authority of the executive branch 
of a Local Government Unit (LGU) to withhold information from its 
legislative body;
6) Whenever the information requested is part of a record, whose other 
parts are covered by an exception, but may be reasonably severed from 
a record, the responding official shall communicate the information not 
covered by the exception to the requester; and
7) The exceptions set forth in this section may be overcome if the 
requester is able to prove before a court of competent jurisdiction that 
the public interest in the disclosure of information outweighs the public 
interest in keeping the information secret or confidential;
All exempted information under this section shall be mandatorily 
reviewed after every three (3) years by the head of office or agency in custody 
or control of the information for reclassification and possible disclosure: 
Provided, That such information to be disclosed by an agency under the 
executive branch shall be subject to the approval of the President.
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a. In fulfillment of Article XI, Section 17 of the Constitution, the following
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national officials shall disclose to the public their Statement of Assets, Liabilities, and
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Net Worth (SALN) on an annual basis on their official website:
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1) President;
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2) Vice-President;
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3) Members of the Cabinet;
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4) Members of Congress;
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5) Justices of Supreme Court;
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6) Members of Constitutional Commissions and other constitutional
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offices; and
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7) Officers of the Armed Forces with general or flag rank.
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Provided, That sensitive personal information contained in the SALN such as:
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i. Home address of the declarant;
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ii. Details of any unmarried children below eighteen (18) years of age
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living in the declarant's household, if any, particularly their names, dates
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of birth, and ages;
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iii. Signatures of the declarant and co-declarant; and
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iv. Government-issued ID numbers of the declarant and co-declarant
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redacted to protect the dignity, safety, and security of the public officer
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shall be redacted: Provided, further, That all SALNs for previous years
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shall be archived and kept available on the said websites.
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b. All agencies of all branches of government shall upload on their websites,
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which shall be updated monthly, a register of the following public interest transactions,
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documents, or records, including:
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1) annual budget of government agencies;
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2) itemized monthly collections and disbursement;
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3) summary of income and expenditures;
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4) component of the IRA utilization;
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5) annual procurement plan and procurement list;
6) an updated plantilla of positions and vacant positions with 
qualifications/ requirements in their organizations that need to be filled 
up;
7) Items to Bid;
8) Bid Results on Civil Works, and Goods and Services;
9) Abstract of Bids as calculated;
10) Procurement contracts entered into by a government agency with 
corresponding income tax returns, if applicable, of the person or entity 
awarded of the same;
11) Construction or concession agreements or contracts entered into by 
a government agency with any domestic or foreign person or entity;
12) Private sector participation agreements or contracts in infrastructure 
and development projects under Republic Act No. 6957, as amended by 
Republic Act No. 7718, authorizing the financing, construction, 
operation, and maintenance of infrastructure projects;
13) Public funding extended to any private entity;
14) Bilateral or multilateral agreements and treaties in trade, economic 
partnership, investments, cooperation, and similar binding 
commitments;
15) Licenses, permits, or agreements granted by any government 
agency to any person or entity for the extraction and/or utilization of 
natural resources and a list of the grantees;
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16) Guarantees given by any government agency to GOCCs and to
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private corporations, persons or entities;
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17) Loans from domestic and foreign financial institutions;
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18) Loans, grants, development assistance, technical assistance, 
and
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programs entered into by a government agency with official bilateral or
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multilateral agencies, as well as with private aid agencies or institutions;
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and
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19) Compromise agreements entered into by a government agency with
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any person or entity.
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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
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amounts involved, the key steps undertaken towards its conclusion, and the relevant
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dates provided that contracts and agreements involving an amount of at least fifty
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million pesos (Php 50,000,000.00) shall be uploaded in full on the website of the
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concerned government agency or the Official Gazette online. A covered record shall
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be enrolled in the register not later than thirty (30) working days from its perfection
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or issuance.
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Sec. 9. Openness and Transparency in Government Agencies. - Each
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government agency shall make available upon the request of any citizen at no cost
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and in an accessible form, consistent with the provisions of Republic Act No. 9485, or
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the Anti-Red Tape Act of 2007, and through their website, timely, true, accurate and
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updated key information including, but not limited to:
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a. A description of its mandate, structure, powers, functions, duties and
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decision-making processes;
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b. A description of the frontline services it delivers and the procedure and length 
of time by which they may be availed of;
c. The names of its key officials, their powers, functions and responsibilities, 
and their profiles;
d. Audited financial statements, and budget and expenditure records;
e. SALN of all public officials with Salary Grade 27 and above or heads of office;
f. Monthly income including allowances and sources of income of all public 
officials with Salary Grade 27 and above; and heads of office;
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Work programs, development plans, investment plans, projects, 
performance targets and accomplishments, and budgets, revenue allotments 
and expenditures;
h. Important rules and regulations, orders, or 6ec\s\ons\ Provided, That they be 
published within fifteen (15) calendar days from promulgation;
i. 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;
j. 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;
k. Current and important database and statistics that it generates;
l. Bidding processes, deadlines, and requirements;
m. Mechanisms or procedures by which the public may participate in or 
otherwise influence the formulation of policy or the exercise of its powers; and
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n. Any disclaimer that shail announce true and correct information relative to a
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matter of pubiic concern that has been the subject of untruthfui or inaccurate
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pubiication in media.
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Ali government agencies shail build the capacity and practice to upload in fuil
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ali other contracts, agreements, or treaties covered under this section, in particuiar
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those that are of the highest pubiic interest by reason of the amounts involved and
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the impact of the transaction to the pubiic.
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Sec. 10. Protection of Privacy. - While providing for access to information in
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pubiic records, this Act also affords full protection of the right to privacy of individuals,
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as follows:
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a. Disclosure of public records invoiving personai data shail be guided by the
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principle of transparency, legitimate purpose, and proportionaiity;
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b. A government agency must ensure that personal and sensitive information
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in its custody or under its control is disciosed only as permitted under this Act;
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c. A government agency must protect personal data in its custody or under its
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control in accordance with the provisions of the Republic Act No. 10173 or the
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Data Privacy Act of 2012, its implementing rules and regulations, and issuances
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by the Nationai Privacy Commission (NPC); and
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d. An employee, officer, or officiai of a government agency who has access,
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whether authorized or unauthorized, to personai and sensitive information in
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the custody of the agency, must not disciose that information except as
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authorized under this Act.
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Sec. 11. Freedom of Information (FOI) Manual. - For the effective
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impiementation of this Act, aii government agencies shail prepare a Freedom of
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Information (FOI) Manual, within six (6) months from the effectivity of this Act
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indicating the following:
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a. The location and contact information of the head, regional, provincial, and
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field offices, and other established places where the public can obtain
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government information or submit requests;
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b. The types of information it generates, produces, holds, and/or publishes;
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c. A description of its record-keeping system;
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d. The person or office responsible for receiving requests for information;
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e. The procedure for the filing of requests personally, by mail, or through the
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identified electronic means;
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f. The standard forms for the submission of requests and the proper
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acknowledgment of the request;
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g. The process for the disposition of the request, including the routing of the
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request to the person or office with the duty to act on the request, the decision-
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making process, and the grant or denial of access and its implementation;
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h. The procedure for the administrative appeal of any denial of access to
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information;
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i. The schedule of fees;
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j. The process and procedure for the mandatory disclosure of information under
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Section 8 of this Act: Provided, That should the agency lack the capacity to fully
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comply therewith, a brief description of its plan to facilitate compliance within
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three (3) years from the approval of this Act; and
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k. Such other information, taking into consideration the unique characteristics
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of an agency, will help facilitate the effective implementation of this Act. The
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foregoing information shall also be posted on its website and bulletin boards
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and shall be regularly updated.
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In no case shall the absence of the aforementioned manual be a reason for the
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denial of any request for information made in accordance with this Act.
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The heads of each of the departments and agencies may designate liaison units
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or Committees who shall coordinate with the other units of the agency in implementing
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this Act. The composition, functions, and duties of these liaison units or Committees
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shall be included in the FOI Manual.
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Sec. 12. Procedure of Access. -
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a. Any person who wishes to obtain information shall submit, free of charge, a 
request to the government agency concerned personally, by mail, or through 
electronic means. A person who is unable, because of illiteracy or due to being 
a person with disability, to make a written request for information may make 
an oral request, and the public official who receives the oral request shall 
reduce it to writing, and include his name and position within the government 
agency, and give a copy thereof to the person who made the request. The 
request shall state the name and preferred contact information of the 
requesting party, and reasonably describe the information required, the reason 
for the request of the information, and the preferred means by which the 
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 the acceptance of the request unless such reason is 
contrary to law. If the request is submitted personally, the requesting party 
shall show his current identification card issued by any government agency.
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government or private employer or school, or a community tax certificate. If 
the request is submitted by mail or through electronic means, the requesting 
party may submit a photostatic or electronically scanned copy of verifiable 
identification, or other convenient means as determined by the agency;
b. The public official receiving the request shall provide reasonable assistance, 
free of charge, to enable all requesters 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. Each government agency shall 
establish a system to trace the status of all requests for information received 
by it;
d. The request may indicate the requesting party's preferred mode and means 
of receiving the information requested, provided that the mode and means are 
reasonable, taking into consideration equipment normally available to the 
concerned government agency;
e. A government agency may communicate the information requested in a form 
other than the preferred means whenever the agency has no capability of 
communicating the information in the preferred format, or such preferred 
means would unreasonably interfere with the effective operation of the agency 
or be detrimental to the preservation of the record;
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f. The government agency shall comply with such request as soon as
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practicable, and in any case within fifteen (15) working days from the receipt
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thereof. The period may be extended whenever the information requested
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requires a search of the government agency's field or satellite offices,
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examination of voluminous records, the occurrence of fortuitous events, or
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other analogous cases;
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g. The government agency shall, in writing or through electronic means, notify
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the person making the request of the extension, setting forth the reasons for
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such extension and the date when the information shall be made available,
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which in no case shall result in an extension of more than twenty (20) working
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days; and
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h. Once a decision is made to grant the request, the person making the request
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shall be notified of such and shall pay the required access and processing fees.
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If the information is not held by the government agency to which the request
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was made, it shall notify the requester that it does not hold the information, and
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indicate to the requester which agency holds the record, if known. Whenever
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practicable, the agency receiving the request may also cause the transfer of the
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request to the appropriate agency that holds the Information: Provided, That the
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period to comply with the request under this section shall begin to run only upon the
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receipt of the agency to which the request is transferred.
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Sec. 13. Access and Processing Fees. - Government agencies may charge a
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reasonable fee which shall in no case exceed the actual cost of reproduction, copying
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or transcription and the communication of the information requested. An agency may
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waive the fees whenever it is satisfied that the requester is an indigent, that the cost
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of reproduction is negligible, or that it is pursuant to a program for proactive
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disclosure.
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Sec. 14. Exemption from Compliance. - The government agency is excused
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from complying with a subsequent identical or substantially similar request from the
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same requesting party where it has previously complied with a request for information
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unless a reasonable interval has lapsed between compliance with the previous request
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and the making of the current request: Provided, That the government agency
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complies with Section 15 of this Act.
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Sec. 15. Notice of Denial. - If the government agency decides to deny the
10 
request. In whole or in part, it shall, as soon as practicable, and in any case within
11 
fifteen (15) calendar days from the receipt of the request, notify the person making
12 
the request of such denial in writing or through electronic means. The notice shall
13 
clearly set forth the ground or grounds for denial and the circumstances on which the
14 
denial is based, and indicate available rights of reconsideration or appeal. Failure to
15 
notify the person making the request of the denial, or the extension, shall be deemed
16 
a denial of the request for access to information.
17 
Sec. 16. Remedies in Cases of Denial of Request for Information. -
18 
a. In all government agencies other than the judicial branch:
19 
1) Every denial of any request for access to information may be appealed
20 
to the person or office next higher in authority of the same agency,
21 
following the procedure mentioned in Section 11 (h) of this Act:
22 
Provided, That the written appeal must be filed by the same person
23 
making the request within fifteen (15) working days from the notice of
24 
denial. The appeal shall be decided by the person or office next higher
20


1 
in authority of the same agency within five (5) working days from the
2 
fiiing of said written appeai. Faiiure of the government agency to decide
3 
within the aforestated period shaii constitute a deniai of the appeai;
4 
2) Upon denial of the appeal with the government agency, the
5 
requesting party may file a verified petition for mandamus\n the proper
6 
court, alleging the facts with certainty and praying that judgment be
7 
rendered ordering the respondent, immediately or at some other time to
8 
be specified by the court, to disclose the requested information. Unless
9 
restrained or enjoined, the decision of the court shall be immediately
10 
executory without prejudice to review in accordance with the Rules of
11 
Court. Any action for administrative and/or criminal liability arising from
12 
the same act or omission, if any, shall be filed with the Office of the
13 
Ombudsman.
14 
No damages shall be assessed against the respondent unless it is proven that
15 
the respondent acted with malice, bad faith, or negligence. Subject to the provisions
16 
of existing laws and the issuances of the Supreme Court, all courts shall give
17 
preference to the hearing and disposition of petitions for mandamus f\\e6 pursuant to
18 
the provisions of this Act. The court hearing the case is empowered to receive the
19 
information subject of a claim of exception under Section 7 herein and examine them
20 
in camera to determine the sufficiency of the factual and legal basis of such claim
21 
when such sufficiency cannot be reasonably determined through evidence and
22 
circumstances apart from the information.
23 
b. In the Judicial Branch, the judiciary shall be governed by such remedies as
24 
promulgated by the Supreme Court.
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c. The remedies provided in this section are without prejudice to any other 
administrative, civil, or criminal action covering the same act.
d. The remedies available under this Act shall be cumulative and subject to the 
rule of exhaustion of administrative remedies. The provisions of Republic Act 
No. 9285, or the Alternative Dispute Resolution Act of 2004, shall not apply to 
cases filed pursuant to this section.
e. In case the requesting party has limited or no financial capacity, the Public 
Attorney's Office (PAO) shall be mandated to provide legal assistance to the 
requester in availing of the remedies provided under this Act.
Sec. 17. 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 generated or collected. These shall include working 
files such as drafts or notes, whenever these have been circulated within the 
agency for official purposes such as for discussion, comment, or approval or 
when these contain unique information that can substantially contribute to a 
proper understanding of the agency organization, policies, transactions, 
decisions, resolutions, enactments, actions, procedures, operations, and 
activities. This likewise includes information submitted by public service 
contractors to the government agency concerned such as receipts. Identities of 
the suppliers, purchase orders, cash vouchers, related agreements with other 
private entities, and other documents related to the execution or the
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implementation of their transactions or contracts with the government agency 
involved;
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 for preservation by such 
agencies or their legitimate successors, or for transfer to the National Archives 
of the Philippines (NAP). In addition, the NAP shall likewise identify specific 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 letter (b) of this section, the following shall not be 
destroyed:
1. Records pertaining to loans obtained or guaranteed by the 
government;
2. Records of government contracts;
3. The declaration under oath of the SALN of public officers and 
employees, as required by law; and
4. Records of official investigations pertaining to allegations of graft and 
corruption of public officers.
d. 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:
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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 providing 
a listing of records under current use, for retention by the agency, for 
transfer to the National Archives, or for destruction: Provided, That 
destruction of the official records may be Implemented only upon 
approval of the NAP; and
3) A specification of the roles and responsibilities of agency personnel in 
the implementation of such system and schedule.
e. In addition to its function as a 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 (UPLC) shall in 
coordination with the Office of the President which has exclusive editorial and 
printing jurisdiction over the Official Gazette, and with other relevant agencies, 
maintain a database, and publish the same in print in the Official Gazette or in 
digital or online form, the following:
1. All laws of the Philippines and their amendments, from the period of 
the Philippine Commission to the present;
2. All presidential issuances from November 15, 1935, to the present 
including, but not limited, to executive orders, presidential 
proclamations, administrative orders, memorandum circulars, general 
orders, and other similar issuances;
24


1 
3. A database of all appointments and designations made by the
2 
President of the Philippines; and
3 
4. Opinions of the Secretary of Justice.
4 
Sec. 18. Publication in the Official Gazette. - For purposes of mandatory
5 
disclosure as provided in Section 8 of this Act, online publication in the Official Gazette
6 
website shall be considered official publication provided there shall be a timestamp in
7 
the said document.
8 
For purposes of compliance with Article 2 of the Civil Code of the Philippines,
9 
publication of the following in the online version of the Official Gazette, with the
10 
corresponding timestamps on the document, shall be considered as official
11 
publication:
12 
a. All legislative Acts and resolutions of a public nature of the Congress of the
13 
Philippines;
14 
b. All executive and administrative 
orders and proclamations of general
15 
application;
16 
c. Decisions or abstracts of decisions of the Supreme Court and the Court of
17 
Appeals or other courts of similar rank, as may be deemed by said courts of
18 
sufficient importance to be so published;
19 
d. Such documents or classes of documents as the President shall determine
20 
from time to time to have general application or which he may authorize to be
21 
published. However, other documents or classes of documents as may be
22 
required to be published by law, such as petitions and/or legal notices in
23 
connection with land titles, naturalization or special proceedings shall continue
25


1 
to be published in the print version of the Official Gazette or any newspaper of
2 
general circulation for purposes of compliance with the publication requirement.
3 
Sec. 19. Capacity-Building, Promotion of Best Practices, and Continuous
4 
Updating of Appropriate Information Technology and FOI. - Ail government agencies
5 
must ensure that they have a compliant website within two (2) years from the date of
6 
effectivity of this Act. The Department of Information and Communications
7 
Technoiogy (DICT) shali monitor ail government agency websites and render the
8 
appropriate support including capacity-building programs and coordination with
9 
another appropriate agency, utiiizing aiternative mechanisms and seeking the
10 
assistance of private relevant and willing volunteer groups to ensure full compliance
11 
with the requirements of this Act.
12 
In the performance of its monitoring function of government websites and
13 
portals, the DICT shall endeavor to continuously develop, improve, and update its
14 
information technology system taking into consideration the usability and practical
15 
accessibility of government documents by the public.
16 
The DICT shall be responsible for setting the standards for the file formats to
17 
be used by the political subdivisions of the State. Ail national and local government
18 
agencies including GOCCs with or without originai charter in the publication of
19 
government pubiic information in accordance with the provisions of this Act.
20 
Every government agency shaii ensure the provision of adequate training for
21 
its officiais to improve awareness of the people's right to information and the
22 
provisions of this Act and to keep updated as to best practices in relation to information
23 
disciosure, records maintenance, and archiving.
26


1 
Sec. 20. Use of Plain Language. - Every government agency shall endeavor to
2 
use plain language in their communications orders, compliance, requirements, or
3 
instructions issued to implement the provisions of this Act. The government agencies
4 
shall translate key information into major Filipino languages and present them in
5 
popular form and means.
6 
a. To carry out the provision of this Act, the Civil Service Commission (CSC) is
7 
designated to issue guidelines on the use of plain language to suit the needs
8 
of the requesting party;
9 
b. The CSC shall provide the necessary training to employees of each
10 
government agency in using plain language in public documents;
11 
c. All departments, agencies, and instrumentalities of the national government.
12 
Including LCDs, and SUCs shall designate an official responsible for
13 
implementing the plain language; and
14 
d. Website contents including, but not limited to, financial data, notices, and
15 
other technical and legal documents, of government agencies must also be
16 
written in plain language to ensure that this information is easy to read,
17 
understand and use.
18 
Sec. 21. Administrative Offenses and Penalties. -
19 
a. The Acts enumerated in this sub-section shall be tantamount to grave
20 
administrative offenses and shall constitute grounds for administrative and disciplinary
21 
sanction against any public official or employee who willfully and knowingly commits
22 
the following:
23 
1) Refusal to promptly forward the request under Section 12 of this Act to the
24 
public officer within the same office or agency responsible for officially acting
27


' V
1 
on the request when such is the direct cause of the faiiure to disciose the
2 
information within the periods required by this Act;
3 
2) Faiiure to act on the request within the periods required by this Act;
4 
3) Refusai to compiy with the decision of his immediate supervisor, or any court
5 
ordering the reiease of information;
6 
4) Approvai of policies, rules, and regulations clearly contrary to the provisions
7 
of this Act, and which policies, rules, and regulations are the direct cause of the
8 
denial of a request for information;
9 
5) Failure to upload information required to be posted on an agency's website
10 
within the period provided under Section 19: Provided, That the head of agency
11 
or any other officer or employee tasked to perform said uploading shall be held
12 
liable.
13 
b. The preceding 
subsection does not bar the filing of appropriate
14 
administrative cases other than those grave offenses enumerated above.
15 
Sec. 22. Criminal Offenses and Penalties. - The penalty of imprisonment of not
16 
less than one (1) year but not more than six (6) years and a fine ranging from One
17 
Hundred Thousand Pesos (P100,000.00) to One Million Pesos (P1,000,000.00) shall
18 
be imposed upon:
19 
a. Any public official or employee who falsely denies or conceals the existence
20 
of information that is a proper subject for disclosure under this Act;
21 
b. Any public official or employee who destroys, or causes to be destroyed
22 
information and/or documents being requested under this Act, for the purpose
23 
of frustrating the requesting party's access thereto;
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1 
c. Any public officer or employee responsible for officially acting on the
2 
request, who shall claim an exception under Section 7 of this Act, or under
3 
the Constitution, when such claim is manifestly devoid of factual basis;
4 
d. Any individual who divulged or released information covered under Section
5 
7 of this Act;
6 
e. Any public officer or employee who divulged or released information that is
7 
altered, tampered or modified to the extent that the released information
8 
materially differs from the original contents of the document: Provided, That
9 
altering or modifying a document for the purpose of severing an exempt
10 
information from non-exempt information in a single document shall not be
11 
punishable under this subsection; and
12 
f. The responsible officers of the public service contractor and the signatories
13 
to the contract or any document evidencing transaction with the government
14 
or government agency who fail to submit the necessary documents/papers.
15 
If the violation committed in this Act is induced and assisted by a private
16 
individual or a corporation, partnership or any kind of judicial entity, the penalty
17 
provided herein shall be imposed on its executive officer and/or other officials
18 
responsible therefor: Provided, That they shall suffer, in addition to the penalties
19 
provided herein, the automatic revocation of their license to operate.
20 
Any public official or employee who willfully destroys, or causes to be
21 
destroyed, or sells, information and/or documents being requested under this Act, for
22 
the purpose of frustrating the requesting party's access thereto shall suffer a fine of
23 
not less than Five hundred thousand pesos (P500,000.00) but not more than One
24 
million pesos (P1,000,000.00) or a penalty of five (5) years but not more than fifteen
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1 
(15) years, or both, as provided in Republic Act No. 9470 or the National Archives of
2 
the Philippines Act.
3 
Sec. 23. Denial in Good Faith Not a Ground for Liability. - A denial in good faith
4 
of a request made pursuant to the provisions of this Act shall not constitute grounds
5 
for administrative, civil, or criminal liability. In cases of denial of the request, the public
6 
official, officer, or employee involved must prove that he/she acted in good faith by
7 
specifying the ground relied upon for the denial.
8 
Sec. 24. Act Not a Bar to Claim of Right to Information Under the Constitution.
9 
- No provision of this Act shall be interpreted as a bar to any claim of the right to
10 
information under Article III, Section 7 of the Constitution.
11 
Sec. 25. Integration of Freedom of Information (FOI) and Good Governance in
12 
Elementary and Secondary Curriculum. - To ensure a well-informed generation of
13 
citizens, the right to information, the principles of accountability and transparency,
14 
democracy and leadership, and good governance shall be integrated with such
15 
subjects as Heyograpiya, Kasaysayan at Sibika (HEKASI), and Araling Panlipunan in
16 
the elementary level and such subjects as Social Studies and Makabayan or its
17 
equivalent subjects in high school level. The Department of Education (DepEd) in
18 
coordination with the CSC and other relevant offices shall prepare the necessary
19 
modules and teaching programs consistent with the objectives of this Act.
20 
Sec. 26. Reports on FOI. - All government agencies shall be required to submit
21 
annual reports on the number of requests for information received and processed, of
22 
appeals made from the denial thereof, and such other information as provided in this
23 
Act. The said report may be integrated with the agencies' main Annual Report and its
30


# V
w I
1 
posting and publication in their respective websites shall be considered as sufficient
2 
compliance.
3 
Sec. 27. System of Incentives and Rewards. - A system of special incentives
4 
and rewards is hereby established to be given to appropriate government agencies or
5 
agencies that initiated and displayed compliance and full participation in the
6 
meaningful implementation of this Act. The incentives and rewards may include, but
7 
not limited to, social projects, grants-in-aid, national recognition, and similar
8 
entitlements.
9 
Sec. 28. Appropriations. The amount necessary to carry out the provisions of
10 
this Act shall be charged against the agencies' current budget and shall thereafter be
11 
included in the annual General Appropriations Act.
12 
Sec. 29. Separability Clause. - If any part or provision of this Act is held
13 
unconstitutional or invalid, the remainder thereof not otherwise affected shall remain
14 
in full force and effect.
15 
Sec. 30. Repeating Clause. - Sections 18, 24, and 25 of Executive Order No.
16 
292 in relation to Article 2 of Republic Act No. 386, Memorandum Circular No. 78 dated
17 
14 August 1964 (Promulgating Rules Governing Security of Classified Matter in
18 
Government Offices), as amended, and Section 3, Rule IV of the Rules Implementing
19 
Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and
20 
Employees), are hereby repealed: Provided, That Memorandum Circular No. 78 shall
21 
be deemed repealed after one (1) year from the effectivity of this Act or upon issuance
22 
of the Executive Order in Section 7(a) whichever comes first.
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1 
All other laws, presidential decrees, executive orders, letters of instruction,
2 
proclamations, or administrative regulations that are inconsistent with the provisions
3 
of this act are hereby repealed, amended, or modified accordingly.
4 
Sec. 31. Effectivity. -This Act shall take effect after fifteen (15) days following
5 
the completion of its publication in the official gazette, or in a national newspaper of
6 
general circulation.
7 
Approved,
32