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RECEIVED

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Republic of the Philippines
HOUSE OF REPRESENTATIVES

. HOovS

Quezon City, Metro Manila ame {1G 205
ee ee &
TWENTIETH CONGRESS K S
First Regular Session Wp inners

HOUSE BILL NO. 2897

Introduced by Honorable Representatives
LEILA M. DE LIMA
EDGAR R. ERICE
ADRIAN MICHAEL A. AMATONG
ARLENE “KAKA” J. BAG-AO
JAIME R. FRESNEDI
CIELO KRISEL B. LAGMAN
ALFONSO V. UMALI, JR.

EXPLANATORY NOTE

The people's right to information is provided under Article III, Section 7 of the
1987 Constitution, which reads:

Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such limitations
as may be provided by law.

However, more than 30 years since the ratification of the Constitution and
despite numerous legislative efforts dating back to the 8th Congress when then-
Representative Raul Roco first filed a Freedom of Information (FO!) bill under House
Bill No. 498, there is yet to be a law institutionalizing the people's right to information.
In the succeeding Congresses, multiple FOI bills have been filed in the House of
Representatives and the Senate, but none of these bills has made it to the President's
table.

The FOI bill reached the farthest in the legislative process under the 14!"
Congress when House Bill No. 3732 and Senate Bill No. 3308 were approved on third
reading in their respective chambers. However, only the Senate approved the FOI bill
in the bicameral committee stage.

j


In the Senate, an FO! bill was unanimously approved on its final reading in the
16" Congress. In the House of Representatives, however, succeeding FOI bills filed
have stalled, as former House majority leader Neptali Gonzales II admitted that “many
lawmakers” do not want to pass an FO! bill for fear of it being weaponized against
them."

On July 23, 2016, then-President Rodrigo Duterte issued Executive Order No.
2, mandating all government agencies under the executive branch to make
government records public. President Duterte ended up defying his own EO when he
Tefused to disclose his Statement of Assets, Liabilities, and Net Worth (SALN) to the
public without facing any serious repercussions. ? Under Memorandum Circular No.
15, s. 2023, President Ferdinand Marcos Jr. added exceptions to the list of accessible
information provided in Duterte's EO. Among these exclusions is information on
investigations of the Presidential Anti-Corruption Commission, the defunct anti-
corruption government agency created by Duterte in 2017 and subsequently abolished
by Marcos in 2022. These further emphasize the need to institutionalize the people's
right to information through legislation.

Besides the institutionalization of the Constitutional right to information, a
Freedom of Information (FO!) bill, which is law in more than 120 countries,‘ is also
necessary to bring forth the following: (1) fostering citizen engagement and
participation in governance, (2) promoting human rights by publicizing information on
victims who suffered under authoritarian rule, (3) holding government accountable
through strengthening transparency, especially in the use of public funds, and (4)
leveling the playing field for businesses to monitor faimess among regulators.5
Furthermore, as the country continues to be plagued by corruption in government and
rapidly evolving forms of fake news and disinformation, an FO! bill shall equip the
general public with the information necessary to combat these social cancers.

This bill seeks to finally legislate the people's freedom of information to
adequately address the vulnerabilities and problems that arise from the lack of
transparency and access to information. This bill adopts several provisions from the

* Malaluan, N. (10 September 2012). FO! death by inaction looms in 15th Congress. PhilStar Global.
Retrieved from https:/Awww.philstar.com/opinion/2012/09/10/847437/foi-death-inaction-looms-15th-

congress.
2 Cristy, K.A. and Melgarejo, K. (31 August 2023). TIMELINE: FOI stil in legistative limbo after 31
years. Retrieved from https://www.tinigngplaridel.net/foi-bill-pending/.

3 Memorandum Circular No. 15, s. 2023. Updating the Inventory of Exceptions to the Right to Access
of Information under Executive Order No. 2, s. 2016. Retrieved from

https://www officialgazette.gov.ph/2023/03/17/memorandum-circular-no-15-s-2023/.

“ Freedom of Information. Makati Business Club. Retrieved from https://mbc.com.phifreedom-of-
informatiory.

5 Magno, F. (25 October 2017). The Long March to Transparency: Institutionalizing FOI in the
Philippines. Stratbase Institute. Retrieved from https://adrinstitute. orghwp-content/uploads/2017/10/foi-
special-study_oct-2017. pdf.


previous FO! bills filed in both the Senate and the House of Representatives in the
14" to present Congresses.

Early approval of this measure is requested.

dihetite

Representative
Mamamayang Liberal (ML)

2 District, Caloocan City

KA” J. BAG-AO a
Ra sentative Representative

Lone District, eel Lone District, Muntinlupa City
KC

CIELO oe B. LAGMAN
Representative
1* District, Albay

an Dihit Oriental Mindoro



Carvanawne

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

‘TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 2897,

Introduced by Honorable Representatives
LEILA M. DE LIMA
EDGAR R. ERICE
ADRIAN MICHAEL A. AMATONG
ARLENE “KAKA” J. BAG-AO
JAIME R. FRESNEDI
CIELO KRISEL B. LAGMAN
ALFONSO V. UMALI, JR.

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:

SECTION. 1. Short Title. - This Act shall be known as the “People’s Freedom
of Information Act of 2025.”

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
recognize the right of the people to information on matters of public concern and to
adopt and implement a policy of full public disclosure of all its transactions involving
public interest, subject to the procedures and limitations provided by this Act. It is
likewise the policy of the State to promote the meaningful and increased participation
of the people in government decision-making and public accountability.

Towards these ends, public officials and employees, in the performance of their
duties, as well as citizens in the exercise of their rights under this Act, shall handle
information kept or obtained fairly and lawfully, with due regard to the full protection of
the right to privacy of individuals.


SEC. 3. Coverage. — This Act shall cover government agencies. Government
agencies refer to the executive, legislative and judicial branches as well as the
constitutional bodies of the Republic of the Philippines including, but not limited to, the
national government and all its agencies, departments, bureaus, offices and
instrumentalities, constitutional commissions and constitutionally mandated bodies,
local governments and all their agencies, regulatory agencies, chartered institutions,
Government-Owned or -Controlled Corporations (GOCCs), including wholly-owned or
controlled subsidiaries, government financial institutions, State Universities and
Colleges (SUCs), the Armed Forces of the Philippines (AFP), the Philippine National
Police (PNP), all offices in the Congress of the Philippines including the offices of
Senators and Representatives, the Supreme Court, all other appellate courts and
lower courts established by law.

SEC. 4. Definitions of Terms. — As used in this Act:

a) Information shall mean any public and/or official record, document,
Paper, report, letter, contract, minutes and transcripts of official
meetings, maps, books, photographs, data, research materials in
whatever form, or films, audio and video recordings, magnetic or other
tapes, electronic data, computer stored data, or archived data in
whatever format, which are made, received, or kept in or under the
control and custody of any government agency pursuant to law,
executive order, rules and regulations, ordinance or in connection with
the performance or transaction of official business by any government
agency.

b) Official record/s shall refer to information produced or received by a
public officer or employee, or by a goverment 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.

¢)

Public record/s shall include information required by law, executive
orders, rules, or regulations to be entered, kept, and made publicly
available by a government agency/office.

d) Public service contractor shall be defined as a private entity that has
a dealing, contract, or transaction of whatever nature with the
government or a government agency / office that utilizes public funds.

) Personal information shall refer to any information, whether recorded
in a material form or not, from which the identity of an individual is
apparent or can be reasonably and directly ascertained by the entity
holding the information or when put together with other information would
directly and certainly identify an individual.

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f) Sensitive personal information shall refer to personal information:
1) about an individual's race, ethnic origin, marital status, age, color
and religious, philosophical or political affiliations;

2) about an individual's health, education, genetics, or sexual life, or
any proceedings for any offense committed or alleged to have
been committed by such person, the disposal of such
proceedings, or the sentence of any court;

3) issued by government agencies peculiar to an individual which
includes, but not limited to, social security numbers, previous or
current health records, licenses or its denials, suspension or
revocation and tax returns; and

4) specifically established by an Executive Order or an Act of
Congress to be kept classified.

g) Privileged information refers to any and all forms of data which, under
the Rules of Court and other pertinent laws, constitute privileged
communication;

h) Dataset refers to an organized collection of data, which is presented in
a variety of forms such as but not limited to tabular, geospatial, or image
data files.

i) Machine-readable refers to formats that allow computer programs to
easily extract and process the data contained within the file.

j) Open format refers to a data format that is platform independent,
machine readable, and made available to the public without restrictions
that would impede the re-use of the contained information.

SEC. 5. Access to Information. — Every person who is a Filipino citizen, upon
request, has a right to, and shall be given access to any record under the control of a
government agency. Government agencies and public officials shall have the duty to
disclose and make available 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 7 of this Act,
regardless of their physical form or format in which they are contained and by whom
they were made.


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Nothing contained herein shall allow private acts, transactions, or records of
Public officials and private individuals to be the subject of mandatory disclosure under
this Act: Provided, however, that income tax retums, and statement of assets, liabilities
and net worth (SALN) of public officials shall be released subject to existing laws,
rules, and regulations: Provided, further, that the limitations and prohibitions to make
available to the public the SALN shall not apply when upon order of the
Sandiganbayan, it has been established that there is probable cause related to the
commission of an offense.

SEC. 6. Presumption. — There shall be a legal presumption in favor of access
to information. The request for information may be denied only if it clearly falls under
the exceptions provided under this Act. Accordingly, government agencies shall have
the burden of proving that the information requested is exempted from disclosure by
this Act.

SEC. 7. Exceptions. — Access to information shall be granted unless:

a) The information is specifically authorized to be kept secret under
guidelines established by an Executive Order (E.0.), and in fact properly
classified pursuant thereto: Provided, that:

1) The information directly relates to national security or defense
and its revelation may cause grave 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 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 deciassification shall be settled in favor of the
right to information;

b) The information consists of records or minutes of advice given and of
opinions expressed during decision-making or policy formulation,

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

°}

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

1) compromise or interfere with any legitimate military or law
enforcement operation;

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

3) deprive a person of a right to a fair trial or an impartial
adjudication;

4) 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;

5)

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

6) endanger the life or physical safety of any individual.

d) The information requested pertains to matters of human security, such
as, but not limited to, food, health, money, and trade: Provided, that
such disclosure or premature disclosure will imperil our well-being or
degrade the quality of life of our people by causing unnecessary panic
and conflict and threatening to limit the range of policy choices
available to the concerned implementing and regulating agencies;
Provided, further, that this exception shall apply only until such time
that the confidentiality requirement of the action plan of said agency is
no longer necessary in addressing the said security issue;


e)

9)

h)

k)

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;

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;

The information requested is exempted under a treaty or bilateral
agreement to which the Philippines is a party;

The information requested consists of drafts of the following: 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;

The information requested is obtained by either House of Congress, or
any committee thereof, in executive session;

The information requested pertains to personal and sensitive information
of a natural person other than the requesting party, whether from the
public or the private sector, and its disclosure would constitute an
unwarranted invasion of his or her personal privacy. This may include
signatures, addresses, telephone numbers, identification numbers,
family members, race or ethnicity, religion, health, education, sexual
orientation, and similar information, unless such information is
specifically required by law to be entered into an official record and made
available to the public, or the person has consented in writing to the
disclosure of the information. To the extent required to prevent an
unwarranted invasion of personal privacy, an agency may redact such
information from a record made available to the public. However, the
justification for the deletion shall be explained fully in writing, and the
extent of such deletion shall be indicated on the portion of the record
which is made available or published;

The information requested pertains to trade secrets and commercial or
financial information or intellectual property obtained from a natural or
juridical person other than the requesting party, whenever the revelation


thereof would seriously prejudice the interests of such natural or juridical
person in trade, industrial, financial or commercial competition;

}) The information is classified as privileged communications in legal
proceedings by law by the Rules of Court, unless the person entitled to
the privilege has waived it;

m) The information requested is exempted by law or the Constitution, in
addition to those provided in this section;

n) The information is of a nature that its premature disclosure would,

1) in the case of a government agency that regulates or deals with
currencies, interest rates, securities, commodities, or financial
institutions, likely lead to fraud, manipulation, or other unlawful
acts or schemes involving currencies, interest rates, securities, or
the commodities market; or

2) in the case of other government agencies, likely frustrate the
effective implementation of a proposed official action: Provided,
that the information shall be accessible once the anticipated
danger has ceased.

©) The information has already been made accessible as provided for in
Section 12; and

p) 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 (p) of this section, the determination whether any of these
grounds shall apply shall be the responsibility of the head of office of the government
agency in custody or control of the information, or any responsible central or field
officer/s duly designated by him.

SEC. 8. Qualifications. —
1) The exceptions in the preceding section shall be strictly construed;

2) The exceptions cannot be invoked to cover-up legitimate investigations
being conducted by law enforcement agencies or the Legislature
involving the commission of a crime, wrongdoing, graft, corruption, or
any unlawful activity wherein such information is material or relevant to
the allegations or issues;



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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;

4

The exceptions do not constitute authority to withhold information from,
or limit the availability of records to Congress, or any of its committees;

5)

The exceptions do not constitute an authority for 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.

SEC. 9. Mandatory Disclosure of Information. —
(a) In fulfillment of Article XI, Section 17 of the Constitution, the following

national officials shall disclose to the public, through the websites of their respective
offices, their Statement of Assets, Liabilities, and Net Worth (SALN) on an annual

1) the President;
2) the Vice-President;
3) the Members of the Cabinet;

4) the Members of the Senate and the House of Representatives;


Provided,

5) the Justices of the Supreme Court;

6) the Commissioners of the Constitutional Commissions and other
constitutional offices; and

7) the officers of the Armed Forces with the rank of general or the
equivalent flag rank.

that sensitive personal information contained in the SALN such as:
Home address of the declarant;
Details of any unmarried children below eighteen (18) years of age living
in the dectarant's household, if any, particularly their names, dates of
birth, and ages;

Signatures of the declarant and co-declarant; and

Government-issued ID numbers of the declarant and co-declarant
redacted to protect the dignity, safety, and security of the public officer

shall be redacted: Provided, further, that all SALNs for previous years shall be archived
and kept available on the said websites.

(b)

All agencies of all branches of government shall publish on their websites

and update on a monthly basis, a register of the following public interest transactions,
documents, or records, including:

1) Annual budget of government agencies;

2) Itemized monthly collections and disbursement;

3) Summary of income and expenditures;

4) Component of the Internal Revenue Allotment (IRA) utilization;
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 for bidding;


1 8) Bid results on civil works, and goods and services;
2
3 9) Abstract of bids as calculated;
4
5 10)Procurement contracts entered into by a government agency with
6 corresponding income tax returns, if applicable, of the person or entity
7 awarded of the same;
8
9 11)Construction or concession agreements or contracts entered into by a
10 government agency with any domestic or foreign person or entity;
ce)
2 12)Private sector participation agreements or contracts in infrastructure and
13 development projects under Republic Act No. 6957, otherwise known as.
14 the Philippine BOT Law, as amended by Republic Act No. 7718,
1s authorizing the financing, construction, operation, and maintenance of
16 infrastructure projects;
v7
18 13)Public funding extended to any private entity;
19
20 14)Bilateral or multilateral agreements and treaties in trade, economic
21 partnership, investments, cooperation, and similar binding
22 commitments;
23
24 15)Licenses, permits, or agreements granted by any government agency to
25 any person or entity for the extraction and/or utilization of natural
26 resources and a list of the grantees;
7
28 46)Guarantees given by any government agency to Government-Owned or
29 -Controlied Corporations (GOCCs) and to private corporations, persons,
30 or entities;
31
32 17)Loans from domestic and foreign financial institutions;
33
34 18)Loans, grants, development assistance, technical assistance, and
35 programs entered into by a government agency with official bilateral or
36 multilateral agencies, as well as with private aid agencies or institutions;
37 and
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39 19)Compromise agreements entered into by a government agency with any
40 person or entity.
41
42 The register shall contain a brief description of the transaction involved,

43 including, but not limited to: the nature and object of the transaction, the parties and
44 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
Million Pesos (P50,000,000.00) shall be published in full on the website of the
concerned government agency or the Official Gazette Online subject to the
succeeding section. A covered record shall be enrolled in the register not later than
thirty (30) working days from its perfection or issuance.

(c) All government agencies shall, over time, endeavor and build the capacity
and practice to publish in full all other contracts, agreements, or treaties covered under
this Section, 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 compliant website within two (2) years from
the effectivity of this Act.

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

SEC. 10. Openness and Transparency in Government. — Each government
agency shall regularly publish, print, and disseminate at no cost and in an accessible
form, consistent with Republic Act 9485, or the Anti-Red Tape Act of 2007, and through
their website, timely, true, accurate, and updated key information including, but not
limited to:

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

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 and curriculum vitae;

d) Audited financial statements, and budget and expenditure records;

e) SALN of all public officials with Salary Grade 27 and above, and 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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BESSESESRS

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

h) Important rules and regulations, orders or decisions: 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)

Datasets generated in the implementation of agency mandates,
programs, activities, and projects such as statistics, figures, and
geospatial data, among others;

1) 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

n) Any disclaimer that shall announce true and correct information relative
to a matter of public concern that has been the subject of untruthful or
inaccurate publication in media.

SEC. 11. Capacity-Building, Promotion of Best Practices, and Continuous
Updating of Appropriate Information Technology and FOI. — All government agencies
shall establish, operate, and maintain a website with features that are compliant with
all the provisions of this Act within two (2) years from the effectivity of this Act. The
Department of Information and Communications Technology (DICT) shall monitor all
government agency websites and render the appropriate support including capacity-
building programs and coordination with another appropriate agency, utilizing
alternative mechanisms and seeking the assistance of relevant and willing private
volunteer groups to ensure full compliance with the requirements of this Act.

In the performance of its monitoring function of government websites and
portals, the DICT shall endeavor to continuously develop, improve, and update its
information technology system taking into consideration the usability and practical
lity of government documents by the public.

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The DICT shall be responsible for setting the standards for the file formats to
be used by the political subdivisions of the State, all national and local government
agencies including GOCCs, with or without original charter, in the publication of
government public information in accordance with the provisions of this Act.

Every government agency shall likewise ensure the provision of adequate
training for its officials and employees to improve awareness of the people's right to
information on matters of public concer and the provisions of this Act, and to keep
updated as to best practices in relation to information disclosure, records
maintenance, and archiving.

SEC. 12. Exemption from Compliance. — A government agency shall be
excused from complying with a subsequent identical or substantially similar request
from the same requesting party where it has previously complied with a request for
information, unless a reasonable interval has lapsed between compliance with the
previous request and the making of the current request: Provided, that the government
agency complies with Section 20 of this Act.

SEC. 13. Protection of Privacy. ~ While providing for access to information in
public records, this Act also affords full protection of the right to privacy of individuals,
as follows:

a) Disclosure of public records involving personal data shall be guided by
the principle of transparency, legitimate purpose, and proportionality;

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

‘A government agency must protect personal data in its custody or under
its control in accordance with the provisions of the Republic Act No.
10173 or the Data Privacy Act of 2012, its implementing rules and
regulations, and issuances by the National Privacy Commission (NPC);
and

c)

d) An employee, officer, or director of a government agency who has
access, whether authorized or unauthorized, to personal and sensitive
information in the custody of the agency, must not disclose that
information except as authorized under this Act.

SEC. 14. Administrative Offenses and Penalties. —
(a) The acts enumerated in this sub-section shall be tantamount to grave
administrative offenses and shall constitute grounds for administrative and

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disciplinary sanction against any public official or employee who willfully
and knowingly commits the following:

1) Refusal to promptly forward the request under Section 18 of this Act to
the public officer within the same office or agency responsible for
officially acting on the request when such is the direct cause of the failure
to disclose the information within the periods required by this Act;

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

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

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

5) Failure to upload information required to be posted on an agency's
website within the period provided under Section 11: Provided, that the
head of agency or any other officer or employee tasked to perform said
uploading shall be held liable.

(b) The preceding sub-section does not bar the filing of appropriate
administrative cases for other than those grave offenses enumerated above.

SEC. 15. Criminal Offenses and Penalties. - The penalty of imprisonment of
not less than one (1) year but not more than six (6) years and a fine ranging from One
Hundred Thousand Pesos (P100,000.00) to One Million Pesos (P1,000,000.00) shall
be imposed upon:

a) Any public official or employee who falsely denies or conceals the
existence of information that is a proper subject for disclosure under this
Act;

b) Any public official 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;

c) Any public officer or employee responsible for officially acting on the
request, who shall claim an exception under Section 7 of this Act, or
under the Constitution, when such claim is manifestly devoid of factual
basis;

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d) Any individual who divulged or released information covered under
Section 7 of this Act;

e)

Any public officer or employee who divulged or released information that
is altered, tampered, or modified to the extent that the released
information materially differs from the original contents of the document:
Provided, that altering or modifying a document for the purpose of
severing an exempt information from non-exempt information in a single
document shall not be punishable under this sub-section; and

f) The responsible officers of the public service contractor and the
signatories to the contract or any document evidencing transaction with
the government or government agency who fail to submit the necessary
documents/paper.

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

If the violation committed in this Act is induced and assisted by a private
individual or a corporation, partnership or any kind of judicial entity, the penalty
provided herein shall be imposed on its executive officer and/or other officials
responsible therefor: Provided, that they shall suffer, in addition to the penalties
provided herein, the automatic revocation of their license to operate.

The acts under this Section, if proven in an administrative proceeding, shall be
subject to the penalty of dismissal, even if no criminal prosecution is instituted against
the public officer or employee concerned.

SEC. 16. Denial in Good Faith Not a Ground for Liability. - A denial in good
faith of a request for access to information made pursuant to the provisions of this Act
shall not constitute grounds for administrative, civil, or criminal liability. In cases of
denial of the request, the public official, officer, or employee involved must prove that
he/she acted in good faith by specifying the ground relied upon for the denial.

SEC. 17. Freedom of Information (FOI) Manual. — For the effective
implementation of this Act, all government agencies shall prepare a Freedom of
Information (FO!) Manual, within six (6) months from the effectivity of this Act,
indicating the following:

a) The location and contact information of the head, regional, provincial,

and field offices of the agency, and other established places where the
public can obtain information or submit requests;

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b) The types of information it generates, produces, holds and/or publishes;
c) A description of its record-keeping system:
d) The person or office responsible for receiving requests for information;

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

f) The standard forms for the submission of request and for the proper
acknowledgement of the request;

g) The process for the disposition of the request, including the routing of
the request to the person or office with the duty to act on the request, the
decision-making process, and the grant or denial of access and its
implementation;

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

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

j) The process and procedure for the mandatory disclosure of information
under Section 9 of this Act: Provided, that should the agency lack the
capacity to comply with Section 9 of this Act, a brief description of its
plan to facilitate compliance within three (3) years from the approval of
this Act; and

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

The FO! Manual shall also be posted on the agency website, and a hard copy
‘shall be available at the agency reception area for use by the public. These shall be
regularly updated.

In no case shall the absence of the aforementioned FO! Manual be a reason
for the denial of any request for information made in accordance with this Act.

The heads of each of the departments and agencies may designate liaison
units or Committees which shall coordinate with the other units of the agency in
implementing this Act. The composition, functions, and duties of these liaison units
or Committees shall be included in the FO! Manual.

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SEC. 18. Procedure of Access. —

(a) Any person who wishes to obtain information shall submit, free of charge,
a request to the government agency concerned personally, by mail, or through
electronic means. A person who is unable, because of illiteracy or disability, to make
a written request for information may make an oral request instead. The public officer
who receives the oral request shall reduce it to writing, indicating therein his or her
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 shalll not be used as a ground to deny the
request or to refuse the acceptance of the request, unless such request is contrary to
law. If the request is submitted personally, the requesting party shall show a current
identification document issued by any government agency, 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 requesting parties and particularly those with
special needs, to comply with the requirements under this Section.

(c) The request shall be duly received by the concerned government agency,
which shall forthwith indicate the date and time of receipt and the name, rank, title,
and position of the receiving public officer or employee who shall likewise affix his or
her signature thereon, and shall furnish the requesting party a copy thereof. In case
the request is submitted by electronic means, the government agency shail provide
for an equivalent means by which the requirements of this paragraph shall be met.
Each government agency shall establish a system by which the status of all requests
for information received by it may be verified at any time.

(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 such preferred means would
unreasonably interfere with the effective operation of the agency, or if the agency

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has no capability in communicating the information in the preferred format, or when
the preferred format may be detrimental to the preservation of the record.

(f) The government agency shall comply with such request as soon as
practicable, and in any case within fifteen (15) working days from the receipt thereof.
The period may be extended whenever the information requested requires a search
of the government agency's field or satellite offices, examination of voluminous
records, the occurrence of fortuitous events, or other analogous cases.

(g) The government agency shall, in writing or through electronic means,
notify the person making the request of the extension, setting forth the reasons for
such extension and the date when the information shall be made available, which in
no case shall result in extension of more than twenty (20) working days.

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

(i) If the information is not held by the government agency from which the
request was made, it shall notify the requesting party that it does not hold the
information and indicate which agency holds the record, if known. Whenever
practicable, the agency receiving the request may also cause the transfer of the
request to the appropriate agency that holds the information: Provided, that the
period to comply with the request under this Section shall begin to run only upon the
receipt of the agency to which the request is transferred.

SEC. 19. Access and Processing Fees. - Government agencies may charge a
reasonable fee to reimburse the actual cost of reproduction, copying, or transcription
and the communication of the information requested. An agency may waive the fees
whenever itis satisfied that the requester is an indigent, or that the cost of reproduction
is negligible, or that it is pursuant to a program for proactive disclosure.

SEC. 20. Notice of Denial. - if the government agency decides to deny the
request, in whole or in part, it shall, as soon as practicable, and in any case within
fifteen (15) working days from the receipt of the request, notify the person making the
request of such denial in writing or through electronic means. The notice shall indicate
the name, rank, title, or position of the person making the denial, clearly set forth the
ground or grounds for denial and the circumstances on which the denial is based, and
indicate available rights of reconsideration or appeal. Failure to notify the person
making the request of the denial, or of the extension, shall be deemed a denial of the
request for access to information.

SEC. 21. Remedies in Cases of Denial. —

(a) In all government agencies other than the judicial branch:

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1) Every denial of any request for access to information may be appealed
to the person or office next higher in authority of the same agency,
following the procedure required under Section 17 (h) of this Act:
Provided, that the appeal must be filed by the same person making the
request within fifteen (15) working days from the receipt of the notice of
denial. The appeal shall be decided by the person or office next higher
in authority of the same agency within five (5) working days from the
filing of said appeal. Failure of the government agency to decide within
the aforementioned period shall constitute a denial of the appeal.

2) A 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. 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 Ombudsman shall be immediately
executory, without prejudice to review in accordance with the Rules of
Court.

3)

Upon denial of the appeal with the government agency, the requesting
party may file a verified petition for mandamus in the proper court,
alleging the facts with certainty and praying that judgment be rendered
ordering the respondent, immediately or at some other time to be
specified by the court, to disclose the information and to pay the
damages sustained by the requesting party by reason of the denial. The
procedure for such petition shall be summary in nature. Subject to the
provisions of existing laws and the issuances of the Supreme Court, all
courts shall give preference to the hearing and disposition of petitions
for mandamus filed pursuant to the provisions of this Act.

In resolving a complaint or petition brought under paragraphs (2) and (3) hereof,
the Ombudsman or the court is empowered to receive the information subject of a
claim of exception under Section 7 herein and examine them in camera to determine
the sufficiency of the factual and legal basis of such claim, when such sufficiency
cannot be reasonably determined through evidence and circumstances apart from the
information.

(b) In the Judicial Branch, the judiciary shall be governed by such remedies as
promulgated by the Supreme Court.

(c) The remedies under this section shall be sought or granted without prejudice
to any other administrative, civil, or criminal action covering the same act.

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(d) The remedies available under this Act shall be exempt from the rules on
non-exhaustion of administrative remedies. The provisions of Republic Act No. 9285,
otherwise known as the Alternative Dispute Resolution Act of 2004, shall not apply to
cases filed pursuant to this section.

(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
in availing of the remedies provided under this Act.

SEC. 22. Keeping of Records. —

(a) Government agencies shall create and 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, for whenever these have been circulated within the agency for official purpose
such as discussion, comment, or approval or when these contain unique information
that can substantially contribute to a proper understanding of the agency organization,
Policies, transactions, decisions, resolutions, enactments, actions, procedures,
operations, and activities. This likewise includes information submitted by public
service contractors to the government agency concerned such as receipts, identities
of the suppliers, purchase orders, cash vouchers, related agreements with other
private entities, and other documents related to the execution or the implementation
of their transactions or contracts with the government agency involved.

(b) 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 original declaration under oath of the SALN of public officers and
employees, as required by law; and

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

(4) Government agencies shall prepare, following the standards and period
promulgated pursuant to Republic Act No. 9470 or the National Archives of the
Philippines Act of 2007, a records management program that includes the following:

1) Arecords 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) Identification of the specific roles and responsibilities of agency
personnel in the implementation of such system and schedule.

(e) In addition to its function as repository of all rules and regulations issued by
agencies as provided under Book 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;

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

4) Opinions of the Secretary of Justice.

SEC. 23. Publication in the Official Gazette. - For purposes of mandatory
disclosure as provided in Section 9 of this Act, online publication in the Official Gazette
website shall be considered official publication provided there shall be a timestamp in
the said document.

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For purposes of compliance with Article 2 of the Civil Code of the Philippines,
publication of the following in the online version of the Official Gazette, with the
corresponding timestamps on the document, shall be considered as official
publication:

a) Alll legislative Acts and resolutions of a public nature of the Congress of the
Philippines;

b) All executive and administrative orders and proclamations of general
application;

c) Decisions or abstracts of decisions of the Supreme Court and the Court of
Appeals or other courts of similar rank, as may be deemed by said courts of
sufficient importance to be so published;

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

However, other documents or classes of documents as may be required to be
published by law, such as petitions and/or legal notices in connection with land titles,
naturalization or special proceedings shall continue to be published in the print version
of the Official Gazette or in any newspaper of general circulation for purposes of
compliance with the publication requirement.

SEC 24. Use of Plain Language. - Every government agency shall endeavor
to use plain language in their communications, orders, compliance, requirements, or
instructions issued to implement the provisions of this Act. The government agencies
shall translate key information into major Filipino languages and present them in
popular form and means.

a) To carry out the provision of this Act, the Civil Service Commission (CSC) is
designated to issue guidelines on the use of plain language to suit the needs of
the requesting party;

b) The CSC shall provide the necessary ing to employees of each
government agency in using plain language in public documents;

c) All departments, agencies, and instrumentalities of the national government,

including LGUs and SUCs, shall designate an official responsible for
implementing the plain language; and

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d) Website contents including, but not limited to, financial data, notices, and other
technical and legal documents, of government agencies must also be written in
plain language to ensure that this information is easy to read, understand, and
use.

SEC. 25. 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 Ill, Section 7 of the 1987 Constitution.

SEC. 26. Tracking Requests for Information. - Websites of government
agencies shall contain a matrix of requests made, their status, and the decision
regarding the request. The matrix shall also contain links to uploaded information from
approved requests. In such cases where requests are denied, the matrix shall contain
the reasons for denial and the status of the appeal if such is done.

SEC. 27. Release to One, Release to All. — For purposes of streamlining
requests for information, once information has been made available to an individual
through a request for information, the said dataset shall also be published in an
appropriate website such as, but not limited to, the Official Gazette website,
Departmental website, or Local Government website, thus allowing the public access
to all information that has been requested.

SEC. 28. Integration of Freedom of Information (FO!) and Good Governance In
Elementary and Secondary Curriculum. - To ensure well-informed generations of
citizens, the right to information, the principles of accountability and transparency,
democracy and leadership, and good governance shall be integrated in such subjects
as Heyograpiya, Kasaysayan, at Sibika (HEKASI) and Araling Panlipunan in the
elementary level and in such subjects as Social Studies and Makabayan or its
equivalent subjects in the high school level. The Department of Education (DepEd), in
coordination with the Civil Service Commission and other relevant offices, shall
prepare the necessary modules and teaching programs consistent with the objectives
of this Act.

SEC. 29. Reports on FOI. - All government agencies are required to submit
annual reports on the number of requests for information received, processed,
granted, and denied; of appeals made from the denial thereof; of pending court actions
it is a party to as result of such requests; and such other information as provided in
this Act. The said report may be integrated in the agencies’ main Annual Report, and
its posting and publication in their respective websites shall be considered as sufficient
compliance.

SEC. 30. System of incentives and Rewards. — A system of special incentives
and rewards is hereby established to be given to appropriate government agencies or
agencies that initiated and displayed compliance and full participation in the

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meaningful implementation of this Act. The incentives and rewards may include, but
not limited to, social projects, grants-in-aid, national recognition, and similar
entitlements.

SEC. 31. Appropriations. - The amount necessary to carry out the provisions
of this Act shall be charged against the agencies’ current budget and shall thereafter
be included in the annual General Appropriations Act.

SEC. 32. Separability Clause. — If any provision of this Act is declared invalid
or unconstitutional, the provisions not affected thereby shall continue to be in full force
and effect.

SEC. 33. Repealing Clause. —~ All laws, decrees, executive orders, rules and
regulations, issuances, or any part thereof inconsistent with the provisions of this Act,
including Sections 18, 24 and 25, Book |, of Executive Order No. 292 or the
Administrative Code of 1987 in relation to Article 2 of Republic Act No. 386 or the Civil
Code, Memorandum Circular No. 78 dated 14 August 1964 (Promulgating Rules
Governing Security of Classified Matter in Government Offices), as amended, and
Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of Conduct
and Ethical Standards for Public Officials and Employees), are deemed repealed:
Provided, that Memorandum Circular No. 78 shall be deemed repealed after one (1)
year from the effectivity of this Act or upon issuance of the Executive Order in Section
7(a), whichever comes first.

SEC. 34. Effectivity. — This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in two (2) newspapers of general circulation in the
Philippines.

Approved,

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