HOUSI. OF REPRESENTATIVES:

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES DATE:3 9 Hy open
Quezon City PN 205
TIME:, a

SEVENTEENTH CONGRESS
First Regular Session

75

House Bill No.

RESISTRATION UNTT
BILUS AN INDEX SERVICE

Introduced by Congressman Alfredo D. Vargas III

EXPLANATORY NOTE
‘The right to information is enshrined in the Bill of Rights:

“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.” (Article III Section 7 of the 1987 Constitution).

This particular right is also recognized in a number of policies such as Republic Act No.

6713 (the Code of Conduct and Ethical Standards for Public Officials and Employees) and the
Executive Order No. 89, S, 1993 (Directing the Implementation of a Policy of Accessibility and
Transparency in Government).

Despite the Constitutional recognition and laws implementing the right to information,

there is still a need for legislation in order to set the parameters and mechanisms for
information access. This bill seeks to strengthen the citizens’ right to information by providing
the parameters and mechanisms for information access. It allows all information from all
government offices to become available for public scrutiny, copying and reproduction.

The proposed legislation establishes the procedure for access of information and

provides remedies to the requesting party in case of denial. Also, it imposes administrative
sanctions or criminal liability against any public officer or employee who shall violate the
provisions of the act.

It has been 29 years since the first freedom of information (FOI) bill was filed in

Congress but it has yet to be passed as an FOI Act. Serving as a tool against corruption, a
comprehensive FOI Act will strengthen active engagement and participation of all citizens in
decision-making, thus promoting a culture of democracy, transparency, accountability, and good
governance.

In view of the foregoing, the urgent passage of this bill is sought.

FREDO D, VAWGAS III


ere rr RN EN

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular,Session

House Bill No.__

Introduced by Congressman Alfredo D. Vargas III

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:

SECTION. 1. Short Title. - This Act shall be known as the "People's Freedom of
Information Act.”

SEC, 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.

SEC, 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, 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, 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.

SEC. 4. Definition of Terms. - As used in this Act:
(a) 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, sound 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.

(b) 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.

(c) 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.

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

(e) Machine-readable refers to formats that allow the data to be
extracted and processed by computer programs.

(8 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.

SEC. 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.

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


minal

burden of proving that the information requested is exempted from disclosure.
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, and properly classified
pursuant thereto: Provided, That1) 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 one or more states:
Provided further, That the executive order shall specify the reasonable
period after which the information shall be automatically declassified
or be subject to mandatory declassification review, and that any
reasonable doubt as to classification and declassification shall be
settled in favor of the right to information;

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

(i) unduly compromise or interfere with any legitimate military or
law enforcement operation; or

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

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

(iv) lead to the disclosure of the identity of a confidential source,
including a government, or foreign agency or authority or any
private institution which furnished information 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; or

(v) disclose techniques and procedures for law enforcement



correc

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
(vi) endanger the life or physical safety of any individual;

@ 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;

(©) The information requested is obtained by any committee of either
House of Congress in executive session;

( 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 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;

(g) 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;

(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;

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

(@j) The information is of a nature that its premature disclosure would, 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, 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.

(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.

| SEC. 8. Qualifications to the Exceptions.

&

2.

SEC. 9, Mandatory Disclosure of Information.

The exceptions in the preceding section shall be strictly construed;

The exceptions cannot be invoked to cover-up a crime, wrongdoing, graft,
or corruption;

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

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

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.

(a) In fulfillment of Article XI,

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

Act:

(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 of the following:

(1) Freedom of Information Manual in full;

(2) 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;

(3) 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;

(4) Public interest documents or records, including:

() Annual Budget of Government Agencies

(ii) Itemized Monthly Collections and Disbursement

(iii) Summary of Income and Expenditures

(iv) Component of the Internal Revenue Allotment (IRA) Utilization
(v) Annual Procurement Plan and Procurement List

(vi) Items for Bidding

(vii) Bid Results on Civil Works, and Goods and Services

(viii) Abstract of Bids as Calculated

(ix) Procurement contracts entered into by agovernment agency


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

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

(xii) Public funding extended to any private entity;

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

(xiv) 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;

(xv) Statement of Assets and Liabilities of the public officers of the
government agency; and

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

The register shall contain a brief description of the transaction involved,
including 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 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 30 working days from its perfection or
issuance.

(c) All government agencies shall, over time, endeavor and 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 than three (3) years from the effectivity of
this Act.


SEC. 10. 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 Republic Act 9485, or
the Anti-Red TapeAct of 2007, 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;

(4) The names of its key officials, their powers, functions and responsibilities,
and their profiles and curriculum vitae;

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

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

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

(8) Current and important database and statistics that it generates;
(9) Bidding processes and requirements; and

(10) Mechanisms or procedures by which the public may participate in or
otherwise influence the formulation of policy or the exercise of its
powers.

(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.

SEC. 11. Capacity-Building, Promotion of Best Practices, and Continuous
Updating of Appropriate Use of Information Technology. ~ 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.

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 concern and the provisions of this Act, and to keep
updated as to best practices in relation to information disclosure, records maintenance,
and archiving.

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

SEC. 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 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, 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;

(©) 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.

SEC. 14. Administrative Liability. - The acts enumerated in this Section shall be
tantamount to gross neglect of duty and shall constitute grounds for administrative and
disciplinary sanction against any public official or employee who willfully and
knowingly commits the following:

(a) 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;

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

(c) Claim an exception under Section 7 of this Act when the claim is


manifestly devoid of factual or legal basis;

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

(e) 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.

SEC. 15. Criminal Liability. - (a) The following acts shall be subject to the
penalty of imprisonment of not less than one (1) month but not more than six (6)
months, 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 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.

(OThe 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 him.

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 or criminal liability.

SEC. 17. Freedom of Information (FO) Manual.- (a) For the effective
implementation of this Act, all government agencies shall prepare a Freedom of
Information (FOI) Manual, setting forth the following:

(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;

(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
requestand 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 three (3) 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;

(0) 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.

(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.

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 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


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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
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 tax certificate. If the request is submitted
by mail or through electronic means, the requesting party may submit a photo static or
electronically scanned copy of the 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.

(©) 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 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 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.

(8) 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.

(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 an 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 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.

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

()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 the receipt of the notice of denial and must be
decided within fifteen (15) calendar days from filing. Failure to resolve
the appeal within the aforementioned period shall constitute a denial of
the appeal.

(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) A party whose request for information has been denied, whether or not
such decision has been appealed to the Head of the 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 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 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 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 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, 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 activities;

(b) Government agencies, in coordination with the National Archives of the Philippines,
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.

(0) 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:


nee

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

(2) Records of government contracts involving amounts Fifty Million or more,
or related to infrastructure, public and private partnerships, utilities, or
other important projects;

(3) The original declaration 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

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

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

(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.

(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 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 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) 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;

(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. Act Not a Bar to Claim of Right to Information Under the Constitution.
- No provision of this Act shall be interpreted as a bar to any claim of denial of the right
to information under Article III, Section 7 of the 1987 Constitution.

SEC.25. Publication of Government Data in the Open Data Philippines
Website.- For the purpose 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 every quarter of the 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.

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 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.

SEC 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
high school level. The Department of Education 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.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.

SEC. 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.

SEC 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.

SEC 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 I, 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).


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SEC 33. Effectivity Clause.- This Act shall take effect fifteen (15) days after its

publication in the Official Gazetteor in at least two (2) national newspapers of general
circulation.

Approved,