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

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No._8562

Introduced by DIWA Party-list Representative Pepito M. Pico

EXPLANATORY NOTE

Ina representative democracy such as our own, one of the key factors that determines
the extent and quality of that participation is the extent and quality of the citizens’ access to
information. Without transparency, it is far too easy for a republican government to lose its
representative character, for those who have the duty to make manifest the will of the citizens
to, instead, operate as they see fit behind a veil of secrecy strung between pillars of bureaucratic
red tape. Whether officials do so out of a conviction that they know better than the public, or
from a callous desire to advance their own interests at the expense of the public good, such
actions take the reins of power from their rightful holders- the sovereign people of the
Philippines.

The practical arguments in support of greater transparency are clear: it ensures greater
accountability of government officials; a better accounting of government funds; a more level
playing field in the competition for government contracts/services; greater involvement from
the citizenry; and more informed decisions during elections.

But at its very core, this issue is not just about the benefits of an actualized,
implemented, institutionalized right to information of public concern. It is about the essence
of democracy, which is the locus of its authority. If we continue to claim that we are a republic,
that we are a democracy, then we must acknowledge that any power, which the State has,
including its right to control the release and dissemination of information, is power that flows
from the people and rightly belongs to the people. In the case of freedom of information, the
people have spoken loud and clear. We have embodied their sentiments as best we could in this
bill.

This bill is based on the 16th Congress Committee version of the Freedom of Information
Bill. It includes the Open Data Policy and it provides an exception to personal information from
the right to access to information. This legislative measure proposes the following substantial
changes: (1) it mandates agencies to make key information accessible to the visually impaired,
acknowledging that they have special needs that must be met in order for them to exercise their
right to information; (2) it increases the criminal liability for violations to the provisions of the

Page 1 of 18


law; (3) it adds provisions which prevents delays to compliance with disclosure of information
by decreasing the ability of a public officer to tie up a request in red tape; and (4) it shortens the
period for compliance with capacity building provisions, and provides greater clarity as to the
standard for acceptable compliance with the online site and security aspects of such provisions,
particularly in the light of the numerous hacking incidents our government websites have fallen
prey to.

Freedom of information is vowed under our Constitution, and it has been echoed by
past administrations that have, to this day, remained unfulfilled. It falls now to this Congress
to truly perform its duty, and represent the people by making manifest their intent: a
government that is transparent, forthcoming, and accountable.

EPITO M. PICO
Rey itative, DIWA Party-list

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

SEVENTEENTH CONGRESS
Third Regular Session

House Bill N 8562

Introduced by DIWA Party-list Representative Pepito M. Pico

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

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

SECTI
Information Act

1, Short Title. This Act shall be known as the "People's Freedom of

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

SECTION 3. Coverage. - This Act shall cover all government agencies, to refer to the
executive, legislative, and judicial branches as well as the constitutional bodies of the Republic
of the Philippines, including the national government and all its agencies, departments,
bureaus, offices and instrumentalities, constitutional commissions and Constitutionally
mandated bodies, local governments and all their agencies, regulatory agencies, chartered
institutions, government-owned or -controlled corporations, including wholly-owned or
controlled subsidiaries, government financial institutions, state universities and colleges, the
Armed Forces of the Philippines, the Philippine National Police, all offices in the Congress of
the Philippines including the offices of Senators and Representatives, the Supreme Court and
all lower courts established by law.

SECTION 4. Definition of Terms. — as used in this Act:

a) "Dataset" refers to an organized collection of data in a variety of forms, including
tabular, geospatial, or image data files.

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b)

"Information" refers to data that have been processed into a 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, 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.

6

"Machine-readable" refers to formats that allow data to be extracted and processed by
computer programs.

d

"Official record" refers to information produced or received by a public officer or
employee, or by a government agency in an official capacity or pursuant to a public
function or duty. This shall not refer to the stage or status of the information.

@)

"Open format refers to one that is platform independent, machine readable, and made
available to the public without restrictions that would impede the re-use of that
information.

£) "Public record" refers to information required by law, executive orders, rules, or
regulations to be entered, kept, and made publicly available by a government agency.

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

Nothing herein contained 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 returns, 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.

SECTION 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.

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

a) The information is specifically authorized to be kept secret under guidelines established
by an executive order, and properly classified pursuant thereto; provided, that said
executive order may only validly use one or both of the following grounds to classify
information as secret: (1) the information directly relates to national security or defense
and its revelation may cause grave damage to the national security or internal and

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external defense of the State; and/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 of multilateral
negotiation or seriously jeopardize the diplomatic relations of the Philippines with one
or more States: provided further, that the executive order must specify the reasonable
period after which the information shall be automatically declassified or be subject to
mandatory declassification review, and such a period is required for the executive order
to be the grounds for a valid exception under this Act.

Any reasonable doubt shall be settled in favor of the information being unclassified /
not secret, and hence available to the public.

b)

The information consists of records of minutes and advice given and opinions expressed
during decision-making or policy formulation, while said policies and decisions are still
the subject of active deliberation and final decisions have not yet been made, and the
same has been classified in an Executive Order 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 shall 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, if the disclosure thereof would:

iunduly compromise or interfere with any ongoing legitimate military or law
enforcement operation; or

ii.unduly compromise of interfere with the prevention, detection of suppression
of criminal activity, the effective implementation of immigration controls and
border security, or

iii, deprive a person of a right to a fair trial or an impartial adjudication; or

iv.lead to the disclosure of the identity of a confidential source, such as one under
the Witness Protection Program of Republic Act No. 6981 or similar laws,
including those belonging to a government, or foreign agency, or a private
person or entity which furnished information on a confidential basis in the
course of an investigation or to an agency conducting a lawful national security
intelligence investigation;

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

irectly endanger the life or physical safety of any individual;

d) 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 adjudicatory and/or
audit function;

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e) The information requested is obtained by either House of Congress, or any committee
thereof, in executive session, whenever the information falls under any of the exceptions
provided under this section;

f) The information requested pertains to personal information of a natural person, whether
from the public or the private sector, and its disclosure would constitute an unwarranted
invasion of personal privacy. This may include signatures, addresses, telephone
numbers, identification numbers, names of fa 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

g) The information requested pertains to trade, industrial, financial or commercial secrets
obtained from a natural or juridical person other than the requesting party, obtained in
confidence by or filed with a government agency, whenever the revelation thereof would
seriously prejudice the interests of such natural or juridical person in trade, industrial,
financial or commercial competition;

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

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

j) When prematurely disclosed, the information, would, in the case of a government
agency that regulates or deals with the commodities markets, currencies, interest rates,
securities, or financial institutions, likely lead to fraud, manipulation, or other unlawful
acts or schemes involving currencies, interest rates, securities. Provided, that the
information shall be accessible once the anticipated danger has ceased.

k) The information has already been made accessible as provided for in Section 12.
For paragraphs (c) to (k) of this section, the determination whether any of these grounds shall
apply shall be the responsibility of the head of office of the government agency in custody or
control of the information, or any responsible central or field officer/s duly designated by him.
SECTION 8. Qualifications to the Exceptions.
a) The exceptions in the preceding section shall be strictly construed ;
b) The exceptions cannot be invoked to cover-up a crime, wrongdoing, graft, or
corruption, or when they are necessary to reveal the truth about the existence of the

same pursuant to a case duly filed in a court of law;

©) Whenever the information covered by an exception may be reasonably severed from a
record, the record shall be released with the exempt information redacted, or the

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information not covered by the exception shall otherwise be communicated to the
requesting party;

qd

The President, the Supreme Court, the Senate, the House of Representatives, and the
Constitutional Commissions may waive an exception with respect to information in the
custody of offices under their respective supervision or control, when they deem that
there is an overriding public interest in disclosure; and

e) The exceptions do not constitute authority to withhold information from Congress, nor
authority for the executive branch of a local government unit to withhold information
from the legislative body of such local government unit.

SECTION 9. Mandatory Disclosure of Information.—

In fulfillment of Article XI, Section 17 of the Constitution and subject to Section 5 and
Section 7 (f) of this Act, the websites of their respective offices shall provide to the
public, the Statement of Assets, Liabilities, and Net worth (SALN) on an annual basis
of the following national officials.

a)

1. The President;
2. The Vice-President;

3. The members of the Cabinet;

4. The members of the Senate and the House of Representatives;
5. The Justices of the Supreme Court;

6. The commissioners of the Constitutional Commissions and other
constitutional offices; and

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

b) All agencies of all branches of government shall publish on their websites and update
on a monthly basis, a register containing the following information:

1) Freedom of Information Manual in full;

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

3) Substantive rules of general applicability, and statements of general
policy or interpretations of general applicability formulated and
adopted by the agency, including subsequent amendments.

4) Public interest documents or records, including:

i. Annual Budget of Government Agencies;

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vi.
vii.

viii.

xi.

xiii.

xiv.

xv.

Itemized Monthly Collections and Disbursement;

‘Summary of Income and Expenditures;

Component of the Internal Revenue Allotment (IRA)
Utilization;

Annual Procurement Plan and Procurement List;

Items for Bidding;

Bid Results on Civil Works, and Goods and Services;
Abstract of Bids, as Calculated;

Procurement contracts entered into by a government agency;

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

Private sector participation agreements or contracts in
infrastructure and development projects under Republic Act
No. 6957, otherwise known as the Philippine BCT Law, as
amended by Republic Act No. 7718;

Public funding extended to any private entity;

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

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

Statement of Assets and Liabilities of the public officers of the
government agency; and

Guarantees given by any government agency to government-
owned- or — controlled corporations and to private
corporations, persons or entities.

When applicable, the official record shall contain a brief description of the transaction
involved, including the nature and object of the transaction, the parties and amounts involved,
the key steps undertaken towards its conclusion, and the relevant dates. Provided, that contracts
and agreements involving an amount of at least Fifty Million Pesos (P50, 000,000.00) shall be
published in full in the website of all concerned government agencies and the Official Gazette
Online, subject to the succeeding section. A covered record shall be published in the website
not later than thirty (30) Working days from its perfection of issuance.

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c) All-government agencies shall, over time, endeavor to build their 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.

d)

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 two (2) years from the effectivity of this Act.

©)

A website that is down or inaccessible to the public for more than seven consecutive
days, or for more than twenty days total in a calendar year, shall be deemed to be non-
compliant with the requirements abovementioned.

SECTION 10. Promotion of Openness in Government. —

a) Duty to Publish information — in conjunction with Republic Act 9485, or the Anti-Red
Tape Act of 2007, government agencies shall regularly publish, print and disseminate
at no cost to the public, in an accessible form, and through their website, timely, true,
accurate and updated key information, including:

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

2. A description of the frontline services it delivers and the
procedure and length of time by which they may be availed of;

3. The names of its key officials, their powers, functions and
responsibilities, and their profiles and curriculum vitae;

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

5. Important rules and regulations, orders of decisions: Provided,
That they be published within fifteen (15) calendar days from
promulgation;

6. Datasets generated in the implementation of agency mandates,
programs, activities, and projects such as statistics, figures and
‘geospatial data,

7. Current and important database and statistics that it generates;

8. Bidding processes and requirements; and

9. Mechanisms or procedures by which the public may participate

in or otherwise influence the formulation of policy or the
exercise of its powers.

Page 9 of 18


b) Accessibility of Language and Form —Every government agency shall endeavor to translate
key information into major Filipino languages and present them in popular form and means.
Every government agency shall also endeavor to render key information in a manner that
is accessible to the visually impaired.

SECTION 11. Capacity-Building, Promotion of Best Practices, and Continuous
Updating of Appropriate Use of information Technology. —

Every government agency shall 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
concern and the provisions of this Act. Similarly, all government agencies shall endeavor to
study and adopt best practices in relation to information disclosure, records maintenance, and
archiving.

Every government agency shall have employees that are trained in the operation and
maintenance of their websites;

The National Computer Center shall monitor all government agency websites and
provide appropriate support for their development and ensure full compliance with the
requirements of this Act.

SECTION 12. Exemption from Compliance. — The government agency shall be
excused from complying with a subsequent identical or substantially similar request from the
same requesting party only 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, in denying the request,
complies with Section 20 of this Act.

SECTION 13. Additional 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) A government agency must ensure that personal information in its custody or under its
control is disclosed only as permitted under this Act;

b) A government agency must protect personal information in its custody or under its
control by making reasonable security arrangements against such risks as unauthorized
access, collection, use, disclosure, or disposal. Such security arrangements must
include, but is not limited to, regular assessments of existing site security, and the
existence of written contingency plans or protocols in the event of breach, in order to
minimize damage to the government and the privacy of individuals;

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

¢)

SECTION 14. Administrative Liability. - It shall be tantamount to gross neglect of
duty and shall be a ground for administrative and disciplinary sanction against any public
official or employee, should any such employee willfully and knowingly commits the
following acts:

a) Refusal to promptly forward the request under Section 18 of this Act to the public
officer within the same office of agency responsible for officially acting on the request,

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when such is the direct cause of the failure to disclose the information within the periods
required by this Act;

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

©) Claiming an exception under Section 7 of this Act when the claim is manifestly devoid
of factual or legal basis,

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

€) 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.

SECTION 15. Criminal Liability. -

a) The following acts shall be subject to the penalty of imprisonment of not less than six
(© months but not more than one (1) year, with the accessory penalty of dismissal from
service:

1) Falsely denying or concealing the existence of information mandated for disclosure
under this Act, and

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

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

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

SECTION 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 or criminal liability.

SECTION 17, Freedom of Information (FOI) Manual. —

a) For the effective implementation of this Act, all government agencies shall prepare a
Freedom of Information(FO!) Manual, setting forth the following, as applicable:

1) The location and contact information of the head, regional, provincial and field
offices of the agency, and other established places where the public can obtain
information or submit requests,

2) The types of information it generates, produces, holds and/or publishes;

3) A description of its record-keeping system;

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

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

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

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

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

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

10) 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 two (2) years from the approval of this Act; and

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

b) The FOI Manual shall also be posted in the agency website and a hard copy shall be
available at the agency reception area for use by the public.

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

5

d) 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 FOI Manual.

SECTION 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 one's 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 the request is clearly contrary to law. If the request is submitted
personally, the requesting party shall show a current identification document issued by
any government agency, or government or private employer or school, or a community

Page 12 of 18


b)

c

d

°)

8)

hi

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 the
identification, or other convenient means as determined by the agency.

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.

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 one’s signature
thereon, and shall furnish the requesting party a copy thereof. 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 by which the status of all request for information
received by it may be verified at any time.

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.

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 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.

The government agency shall comply with the 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. It is sufficient that the government agency
have access to or possession of the record requested for said government agency to be
required to comply with the request, and it may not delay such compliance by requiring
the citizen to re-submit the request to another government agency, or to submit any
documentation.

The government agency shall, in writing or through electronic means, notify the person
of 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
a total extension of more than twenty (20) working days.

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

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

Page 13 of 18


this Section shall begin to run only upon the receipt of the agency to which the request
is transferred.

SECTION 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 it is
satisfied that the requester is an indigent, or that the cost of reproduction is negligible, or that
it is pursuant to a program for proactive disclosure.

SECTION 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.

SECTION 21. Remedies in Cases of Denial. —
a) Inall government agencies other than the judicial branch:

1) A denial of a request for access to information may be appealed to the Head
of Agency, following the procedure required under Section 17 (a) (8) of this
Act: Provided, That the appeal must be filed within fifteen (15) calendar
days from filing. Failure to resolve the appeal 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 decision of the Office of the
Ombudsman shall be immediately executory, without prejudice to review in
accordance with the Rules of Court.

3) A party whose request for information has been denied, whether or not such
decision has been appealed to the Head of an Agency, 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.

In resolving a complaint of 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 to examine them in camera

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to determine the sufficiency of the factual and legal basis of such claim, when
the sufficiency cannot be reasonably determined through evidence and
circumstances apart from the information.

b) In the Judicial Branch — The Judiciary shall be governed by remedies as promulgated
by 24 the Supreme Court.

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

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

In case the requesting party has limited or no financial capacity, the Public Attorney’s
Office is mandated to provide legal assistance to the requesting party in availing of the
remedies provided under this Act.

SECTION 22. Keeping of Records. —

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 of notes,
whenever these have been circulated within the agency for official purpose 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
activi

b) Government agencies, in coordination with the National Archives of the Philippines,
shall identify specific arid 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 of their legitimate successors, or for proper
documentation if and when the records are transferred to the National Archives of the
Philippines.

©)

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 involving amounts Fifty Million Pesos (Php
50,000,000.00) or more, or related to infrastructure, public and private partnerships,
utilities, or other important projects;

3) The original Declarations under oath of the assets, liabilities and net worth of public

officers and employees submitted to the Office of the Ombudsman, as required by
law, and

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

d)

Government agencies shall prepare, according to the standards set in and within the
period mandated by Republic Act No. 9470 or the National Archives of the Philippines
Act of 2007, a records management program that includes the following:

1) A records maintenance system for the creation, selection, classification, indexing
and filing of official records that facilitate the easy identification, retrieval and
‘communication of information to the public;

2) A records maintenance, archival and disposition schedule 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 National Archives of the Philippines;
and

3

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

€) In addition to its function as repository of all rules and regulations issued by agencies
as provided under Book VII, Chapter II of the Administrative Code of 1987, the
University of the Philippines Law Center shall, in coordination with the Office of the
President which has exclusive editorial and printing jurisdiction over the Official
Gazette, and with other relevant agencies, maintain a database, and publish 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 rendered by the Secretary of Justice.

SECTION 23. Publication in the Official Gazette. - For purposes of mandatory

disclosure as provided in Section 9 of this Act, the publication in the Official Gazette website
shall be considered official publication provided there shall be a timestamp in the said
document. For purposes of compliance with Article 2 of the Civil Code of the Philippines,
publication of the following in the online version of the Official Gazette, with the
corresponding timestamps on the document, shall be considered as official publication:

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

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

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©) 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.

SECTION 24. 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.

SECTION 25. Publication of Government Data in the Open Data Philippines
Website. - For purposes of enhancing the public's access to government information and
abiding by the Philippines’ international commitments to transparency and government
openness, all government agencies shall publish in the Open Data Philippines website, datasets
generated in the implementation of agency mandates, programs, activities, and projects. These
datasets shall be updated, whenever permissible, at least once in every quarter of every year.

The Open Data website shall be maintained and administered by an Open Data Task
Force under the Office of the President, or any such similar body designated by the President
for this purpose.

For the purpose of making government data more accessible to the public, all datasets
published on the Open Data Philippines website and on LGU websites as mandated in Section
9 of this Act shall be, whenever practicable, of a machine-readable and open format.

SECTION 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.

SECTION 27. Release to One, Release to All. - For purposes of streamlining requests
for information, once an 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 Open Data Philippines website, Official Gazette website, Departmental
website, or Local Government website thus allowing the public access to all information that
has been requested.

SECTION 28. Integration of Freedom of Information (FOI) 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 Commission and other

Page 17 of 18


relevant offices, shall prepare the necessary modules and teaching programs consistent with
the objectives of this Act.

SECTION 29. Annual Reports on Actions Taken on Requests for Access to
Information. — All government agencies shall prepare, for each fiscal year, a report on the
number of requests for information they received, processed, granted and denied of appeals
made from denials of such requests, and of pending court actions they are a party to as result
of such requests. These reports may be integrated in the main annual reports of government
agencies and may be posted and published in their respective websites.

SECTION 30. - Appropriations - The amount necessary to carry out the provisions of
this Act shall be charged against those authorized in the current and subsequent General
Appropriations Acts.

SECTION 31.Separability Clause. — If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall remain
in full force and effect.

SECTION 32. 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 on Operation and Effect of Laws, 24 and 25 on the Contents, Editing and
Publications of the Official Gazette. Book 1, of Executive Order No. 292 or the Administrative
Code of 1987 in relation to Article 2 on Effect and Application of Laws 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).

SECTION 33. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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