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

45" Congress
First Regular Session

House Bill No.__1713

Introduced by Honorable Sergio A. F. Apostol

EXPLANATORY NOTE

The lack of legislation on the right to inform has grave consequences for the
country. The resulting overall lack of transparency in government has impeded the
country’s development as it relates directly to the persistence of rampant corruption and to
the ineffectiveness of government policies.

This measure addresses the many legal loopholes that have allowed government
agencies to openly disregard the people's right to information enshrined in Section 7,
Article Ill of the Constitution which states that: “the right of the people to information on
matters of public concem 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.”

The proposed bill also provides the implementing legislation for the state policy of
full disclosure of all transactions involving public interest. The bill lists a number of
transactions, such as loans, concession agreements, contracts, treaties, and other similar
transactions of high public interest, to be automatically disclosed to the public by
government agencies without need of request or demand. Failure to grant a request
without a valid legal ground under the proposed law, or failure to make the mandatory
disclosure of the listed transactions, open the government personnel or official concerned
to administrative and criminal liability.

If passed, the proposed Act will profoundly change the landscape of access to
information and will pave the way for broad and free access by citizens of informaion held
by government. It will also empower Filipinos to effectively participate in the fight against
corruption and in the struggle for better and more responsive government policies.

In view of the foregoing, approval of this bill is eamestly sought.

HON. SERGIO A-F/APOSTOL
Representative
Second District, Leyte


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

45" Congress
First Regular Session

House Bill No.__ 1713

Introduced by Honorable Sergio A. F. Apostol

AN ACT IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION
ON MATTERS OF PUBLIC INTEREST AS GUARANTEED UNDER
SECTION TWENTY EIGHT, ARTICLE TWO, AND SECTION SEVEN, ARTICLE THREE
OF THE 1987 CONSTITUTION, AND RECOGNIZING THE PROTECTION OF PRIVACY
AS GUARANTEED UNDER SECTIONS TWO AND THREE, ARTICLE THREE
OF THE 1987 CONSTITUTION, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Freedom of Information
and Protection of Privacy Act of 2010”.

SECTION 2. Declaration of Policy. The State recognizes the people's right of
access to information on matters of public interest in records under the control of a
government institution, in accordance with the policy of full public disclosure of all its
transactions involving public interest, subject to the limitations imposed for the protection
of privacy and such exceptions and procedures provided by this Act.

SECTION 3. Coverage. This Act shall cover all government agencies as defined
under Section 4 of this Act.

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

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

b) “Goverment Agency’ shall include the executive, legislative and judicial
branches as well as the constitutional bodies of the Republic of the Philippines
including, but not limited to, the national government and all its agencies,
departments, bureaus, offices and instrumentalities, constitutional commissions and


constitutionally mandated bodies, local governments and all their agencies,
regulatory agencies, chartered institutions, government-owned or controlled
corporations, icluding 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 or the Philippines including the
offices of Senators and Representatives, the Supreme Court and all lower courts
established by law.

©) “Official Records” shall refer to information produced or received by a
public officer or employee, or by a government agency in an official capacity or
pursuant to a public function or duty, and is not meant to be a stage or status of
information.

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

e) “Personal Information” shall mean information about an identifiable
individual that is recorded in any form, including information relating to the race,
national- or ethnic origin, color, religion, age or marital status of individual;
information relating to the education or the medical, criminal or employment history
of the individual or information relating to financial transactions in which the
individual has been involved; any identifying number, symbol or other particular
assigned to the individual; the address, fingerprints or blood type of the individual;
and the personal opinions or views of the individual.

SECTION 5. Access to Government Records. Every person who is a Filipino
citizen has a right to and shall, on request, be given access to any record under the control
of a government agency. Government agencies shall make available to the public for
scrutiny, copying and reproduction in the manner provided by this Act, all information
pertaining to official acts, transactions or decisions, as well as government research data
used as basis for policy development, regardless of their physical form or format in which
they are contained and by whom they were made.

SECTION 6. Presumption. There shall be a legal presumption in favor of access to
information. Accordingly, government agencies shall have the burden of proof of showing
by clear and convincing evidence that the information requested is exempted from
disclosure by this Act.

SECTION 7. Exceptions. Subject to the qualifications set forth in Section 9 of this
Act, access to information may be denied when:

a) The revelation of information requested will create a clear and present
danger of war, invasion or any external threat to the State as determined by the
Office of the President and/or the Secretary of the Department of National Defense;

b) The information requested pertains to the foreign affairs of the Republic of
the Philippines, when its revelation would unduly weaken the negotiating position of
the government in an ongoing bilateral or multilateral negotiation or seriously
jeopardize the diplomatic relations of the Philippines with one or more states with
which it intends to keep friendly relations;


c) The information requested pertains to internal and external defense and
law enforcement, when the revelation thereof would render a legitimate military
operation ineffective, unduly compromise the prevention, detection or suppression
of a criminal activity, or endanger the life or physical safety of confidential or
protected sources or witnesses, law enforcement and military personnel or their
immediate families. Information relating to the details of the administration, budget
and expenditure, and management of the defense and law enforcement agencies
shall always be accessible to the public;

4) The information requested pertains to the personal information of a natural
person other than the requesting party, and its disclosure would constitute a clearly
unwarranted invasion of his or her personal privacy, unless it forms part of a public
record, or the person is or was an official of a government agency and the
information requested relates to his or her public function, or the person has
consented to the disclosure of the requested information;

e) The information requested pertains to trade, industrial, financial or
commercial secrets of a natural or juridical person other than the requesting party,
obtained in confidence by, and/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, unless such natural
or juridical person has consented to the disclosure of the requested information;

f) The information requested is privileged from production in legal
proceedings by law or by the Rules of Court, unless the person entitled to the
privilege has waived it:

Q) The information requested is exempted by law, in addition to those
provided in this Section;

h) The information requested is obtained by any committee of either House
of Congress in executive session, whenever such information falls under any of the
foregoing exceptions; and

i) The information requested consists of drafts of decisions by any executive,
administrative, judicial or quasi-judicial body in the exercise of their adjudicatory
functions whenever the revelation thereof would reasonably tend to impair the
impartiality of verdicts, or otherwise obstruct the administration of justice.

SECTION 8. 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.

c) An employee, officer or director of a government agency who has access,
whether authorized or unauthorized, to personal information in the custody of the


agency, must not disclose that information except as authorized under this Act.

SECTION 9. Qualifications and the Public Interest. Even if the information
requested falls under the exceptions set forth in the preceding section, access to
information shall not be denied if.

a) The information requested may be reasonably severed from the body of
the information which would be subject to the exceptions;

b) The public interest in the disclosure outweights the harm to the interest
sought to be protected by the exceptions; or

c) The requesting party is either House of Congress, or any of its
Committees, unless the disclosure will constitute a violation of the Constitution;

d) Whether or not a request for access is made, a government agency must,
without delay, disclose to the public, to an affected group of people or to an
applicant, information about a risk of significant harm to the environment or to the
health or safety of the public or a group of people, or the disclosure of which is
clearly in the public interest.

SECTION 10. Procedure of Access.

a) Any person who wishes to obtain information shall submit a request to the
government agency concerned personally, by mail, or through electronic means.
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 requested information to the requesting party:
Provided, that the stated reason, or the failure to state the reason for the request of
the information, shall not be used as a ground to deny the request or to refuse the
acceptance of the request, unless such reason is contrary to law. If the request is
submitted personally, the requesting party shall show his current identification card
issued by any government agency, or 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 the identification, or other convenient means as determined by the agency.

b) The request shall be stamped by the goverment agency, indicating the
date and time of receipt and the name, rank, title and position of the receiving public
officer or employee with the corresponding signature, and a copy thereof furnished
to the requesting party. In case the request is submitted by electronic means, the
government agency shall provide for an equivalent means by which the
requirements of this paragraph shall be met.

¢) The request may indicate the following preferred means of communication:

4) A true copy of the information requested in permanent or other form;

2) An opportunity to inspect the requested information, using
equipment normally available to the government agency when necessary;

3) An opportunity to copy the requested information using personal
equipment;


4) Awritten transcript of the information requested contained in an
audio or visual form;

5) A transcript of the content of the information requested, in print,
sound or visual form, where such transcript is capable of being produced
using equipment normally available to the government agency;

6) A transcript of the requested information from shorthand or codified
form; or

7) Other reasonable means or format.

d) 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 be detrimental
to the preservation of the record.

) The government agency shall comply with such request within seven (7)
calendar days from the receipt thereof.

f) The time limits prescribed in this Section for the production of the
requested information may be extended whenever there is a need for any of the
following:

1) To research for and collect the requested information from field
facilities or other establishments that are separate from the office processing
the request;

2) To search for, collect and approximately examine a voluminous
amount of separate and distinct information which are demanded in a single
request;

3) Consultation, which shall be conducted in all practicable speed, with
another government agency or among two (2) or more components of the
government agency having substantial interest in the determination of the
request; and

4) To consider fortuitous events or other events due to force majeure
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 requested shall be made
available: Provided, that no such notice shall specify a date that would result in an
extension of more than fifteen (15) calendar days from the original deadline.

SECTION 11. Access 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.

SECTION 12. Notice of Denial. If the government agency decides to deny the
request, in whole or in part, it shall, within seven (7) calendar 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 clearly indicate the name, rank, title or position of the person
making the denial, and the grounds for the denial. In case the denial is by reason of a
claimed exception, the denial shall also state clearly the legitimate aim or interest sought
to be protected in the confidentiality, and the facts and circumstances invoked showing the
substantial harm to, or frustration of, the legitimate aim or interest that will result in the


disclosure of the information requested. 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 13. Implementation Requirements.

a) For the effective implementation of this Act, every government agency
shall prepare a Freedom of Information Manual, which shall include the following
information

1) The location and contact information of the head, regional,
provincial and field offices, 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;

4) The person or office reposnsible 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, the
decision-making, and the grant or denial of access and its implementation;

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

9) The schedule of fees;

10) The process and procedure for the mandatory disclosure of
information under Section 14 of this Act;

11) Should the agency lack the capacity to comply with Section 14 (a)
of this Act, a brief description of its plan to facilitate compliance within three
(3) years from the approval of this Act; and

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

b) The foregoing information shalll also be posted in its website and bulletin
boards, and shall be regularly updated;

c) Inno case shall the absence of the aforementioned guidelines be a reason
for the denial of any request for information made in accordance with this Act.

SECTION 14. Remedies in Cases of Denial.
a) In all government agencies other than the judicial branch:

1) Every denial of any request for access to information may be
appealed to the person or office next higher in authority, following the
procedure mentioned in Section 12 (8) of this Act: Provided, that the appeal
must be filed within fifteen (15) calendar days from filing. Failure of the
government agency to decide within the aforestated period shall constitute a


denial of the appeal; and

2)Instead of appealing or after the denial of the appeal, the person
denied access to information may file a verified complaint with the Office of
the Ombudsman, praying that the goverment agency concerned be directed
to immediately afford access to the information being requested. Such
complaint shall be resolved by the Office of the Ombudsman within sixty (60)
calendar days from filing, or earlier when time is of the essence, taking into
account such factors as the nature of the information requested, context of
the request, public interest and danger that the information requested will
become moot. The Office of the Ombudsman shall promulgate its special
rules of procedure for the immediate disposition of complaints filed pursuant
to this 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) Instead of filing a complaint with the Office of the Ombudsman,
whenever a request for information is denied originally or on administrative
appeal, the requesting party may file a verified petition for mandamus in the
proper court, alleging the facts with certainty and praying that the judgment
be rendered ordering the respondent, immediately or at some other time to
be specified by the court, to disclose the information requested 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.

b) In the Judicial Branch. The Supreme Court shall promulgate the remedies
that would gover offices under its jurisdiction.

c) The remedies under this section are without prejudice to any other
administrative, civil or criminal action that may arise from the same act.

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

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

SECTION 15. Mandatory Disclosure of Transactions Involving Public Interest.

a) Subject to Sections 7-and 9 of this Act, all government agencies shall
upload on their websites, which shall be regularly updated every fifteen (15) days,
all the steps, negotiations and key government positions pertaining to definite
propositions of the government, as well as the contents of the contract, agreement
or treaty in the following transactions involving public interest:

1) Compromise agreements entered into by a government agency with
any person or entity involving any waiver or its rights or claims;

2) Private sector participation agreements or contracts in infrastructure
and development projects under Republic Act No. 6957, as amended by
Republic Act No. 7718, authorizing the financing, construction, operation and
maintenance of infrastructure projects;


3) Procurement contracts entered into by a government agency,

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

5) Loans, grants, development assistance, technical assistance and
programs entered into by a government agency with official bilateral or
multilateral agencies, as well as with private aid agencies or institutions;

6) Loans from domestic and financial institutions;

7) Guarantees given by any government agency to government-
‘owned or controlled corporations and to private corporations, persons or
entities;

8) Public funding extended to any private entity;

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

10) Licenses, permits or agreements given by any government agency
to any person or entity for the extraction and/or utilization of natural
resources.

A summary list of the foregoing information uploaded in the website shall be posted
in the bulletin boards of the concerned government agency.

b) The information uploaded in the website under letter (a) of this Section
may be withdrawn after a period of three years from the time of uploading:
Provided, that an abstract of the information withdrawn shall remain uploaded in the
website, containing a brief description of the transaction and an enumeration of the
information withdrawn, and indicating the dates of posting and withdrawal.

c) Should an agency lack the capacity to comply with letter (a) of this Section,
the agency shall initiate a capacity-building program, or coordinate with another
appropriate agency, to facilitate substantive compliance not later than three (3)
years upon approval of this Act.

SECTION 16. Promotion of Openness in Government.

a) Duty to Publish Information. Government agencies shall regularly publish,
print and disseminate at no cost to the public and in an accessible form, in
conjunction with RA 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:

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 or decisions: Provided, that
they be published within fifteen (15) calendar days from promulgation;

6) Current and important database and statistics that it generates;


7) Bidding processes and requirements; and
8) Mechanisms or procedures by which the public may participate in or
otherwise influence the formulation of policy or the exercise of its powers.

b) Keeping of Records. Government agencies shall maintain and preserve
their records in a manner that facilitates easy identification, retrieval and
communication to the public. They shall establish Management Information
Systems (MIS) to strengthen their capability to store, manage and retrieve records,
and to facilitate access to public records. The following shall not be destroyed:

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

2) Records of government contracts;

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

4) Records of official investigations on graft and corrupt practices of
public officers; and

5) Other records where there is a significant public interest in their
preservation or where there is likely to be such interest in the future.

c) 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.

d) Improving Capability. Every government agency shall ensure the provision
of adequate training for its officials to improve awareness of the right to information
and the provisions of this Act, and to keep updated of best practices in relation to
information disclosure, records maintenance and archiving.

SECTION 17. Criminal Liability and Administrative Liability. The penalty of
imprisonment of not less than one (1) month but not more than six (6) months shall be
imposed upon:

a) Any public officer or employee receiving the request under Section 10 of
this Act who shall fail to promptly forward the request 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 requested within the
periods required by this Act;

b) Any public officer or employee responsible for officially acting on the
request, who shall:

1) Fail to act on the request within the periods required by this Act;

2) Knowingly deny the existence of existing requested information;

3) Destroy information being requested for the purpose of frustrating
the requesting party's access thereto;

4) Claim an exception under Section 8 of this Act, or under the
Constitution, when the claim is manifestly devoid of factual basis; or

5) Refuse to comply with the decision of his immediate supervisor, the
Ombudsman or the court ordering the release of the information requested
that is not restrained or enjoined by a court;


c) The head of office of the government agency directly and principally
responsible for the negotiation and perfection of any of the transactions enumerated
in Section 13 (a) of this Act, who shall knowingly refuse, to direct the mandatory
posting or uploading of such transaction despite the agency capacity to implement
such directive. The same penalty shall be imposed upon the public officer or
employee who, despite a directive from the head of office, shall fail, to post or
upload any of the transactions enumerated in Section 14 of this Act;

d) Any public officer or employee who shall destroy, or cause to destroy,
records of information covered by Section 15 (b) of this Act;

e) Any public officer who formulates 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 informatic

f) Any public or private individual who knowingly induced or caused the
commission of the foregoing acts under this section.

The foregoing shall be without prejudice to any administrative liability of the offender
under existing laws and regulations.

SECTION 18. 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 19. Separability Clause. if, for any reason, any section or provision of
this Act is held unconstitutional or invalid, no other section or provision shall be affected.

SECTION 20. Repealing Clause. All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of this Act,
including 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.

SECTION 21. Effectivity. This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,