~~1€nzlt~~ 
SIXTEENTH CONGRESS OF THE 
) 
." "~I t;~,'> .'i>-,n '+'1f'\.! 
REPUBLIC OF THE PHILIPPINES ) 
First Regular 
) 
T3 
JUL -- 1 iT}:O 1 
SENATE 
S. No. 
~\ B 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Section 24 of Article II under the 1987 Philippine Constitution provides that the State recognizes 
the vital role of communication and information in nation-building. Section 28 of the same articulates 
that subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full 
public disclosure of all its transactions involving public interest. 
Moreover, Section 7 of Article III under the same mandates that the right of the people to information on 
matters of public concern shall be recognized and that access to official records and to documents and 
papers pertaining to official acts, transactions, or decisions, as well as to government research data used 
as basis for policy development, shall be afforded the citizen, subject to such limitations as may be 
provided by law. 
However, while the public's right to information is firmly enshrined in the Constitution and affirmed by 
the Supreme Court, access to public records largely remains limited. 
This bill' hopes to add on and enhance onr democratic ideals and further empower our people. This 
measure seeks to respond to the problems involving basis for sanctions in cases of violation of the right to 
information. The existing remedy to compel disclosure, primarily judicial, is inaccessible to the general 
public, government's record-keeping system is in a very poor state, low level of bureaucratic commitment 
to openness; and the cost of access to certain information is excessive. 
Furthermore, the bill provides for the following: 
• 
An expansive scope in terms of government agencies as well as information covered. 
• 
A clear, uniform and speedy procedure for access to information 
• 
A proscription against excessive costs of access to information 
• 
A system of accessible and speedy remedies that a citizen who has been denied access to 
information may resort to. 
• 
A mandate to promote a culture of opemless within government and 
• 
Clear administrative, criminal and civil liability for violation of the right to information. 
Although Senate version of this bill was passed in the lStl, Congress, the House of Representatives was 
not able to vote on its version of this Bill on third and final reading during the IStl, Congress due to lack of 
material time. 
In view of the foregoing, immediate passage of this bill is earnest! 
RILLANES IV 
Senator 
, This bill is based on the Freedom ofInformation (FOI) Bill filed by Representative Lorenzo R. Tailad. III during 
the lS'h Congress. 
1 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
Introduced by Senator Antonio "Sonny" :F. Trillanes IV 
AN ACT 
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS 
OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE 
THREE OF THE 1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC 
DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST 
UNDER SECTION TWENTY-EIGHT, ARTICLE TWO OF THE 1987 CONSTITUTION, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Freedom of Information 
2 
Act of 2013." 
3 
4 
SEC. 2. Declaration of Policy. - The State recognizes the right of the people to 
5 
information on matters of public concern, and adopts and implements a policy of full public 
6 
disclosure of all its transactions involving public interest, subject to the procedures and 
7 
limitations provided by this Act. This right is indispensable to the exercise of the right of the 
8 
people and their organizations to effective and reasonable participation at all levels of social, 
9 
political and economic decision-making. 
10 
11 
SEC. 3. Coverage. - This Act shall cover all government agencies as defined under 
12 
Section 4 of this Act. 
1 


1 
SEC. 4. Definition of Terms. - As used in this Act: 
2 
"Information" shall mean any knowledge, record, document, paper, report, letters, 
3 
contract, minutes and transcripts of official meetings, maps, books, photographs, data, research 
4 
material, film, sound and video recordings, magnetic or other tapes, electronic data, computer 
5 
stored data, or any other like or similar data or material recorded, stored or archived in whatever 
6 
form or format, which are made, received or kept in or under the control and custody of any 
I 
7 
government agency pursuant to law, executive order, rules and regulations, ordinance or in 
8 
connection with the performance or transaction of official business by any government agency. 
9 
"Government agency" shall include the executive, legislative and judicial branches as 
10 
well as the constitutional bodies of the Republic of the Philippines including, but not limited to, 
11 
the national government and all its agencies, departments, bureaus, offices and instrumentalities, 
12 
constitutional commissions and constitutionally mandated bodies, local govemments and all their 
13 
agencies, regulatory agencies, chartered institutions, government-owned or -controlled 
14 
corporations, including wholly-owned or controlled subsidiaries, government financial 
15 
institutions, state universities and colleges, the Armed Forces of the Philippines, the Philippine 
16 
National Police, all offices in the Congress of the Philippines including the offices of Senators 
17 
and Representatives, the Supreme Court and all lower courts established by law. 
18 
"Official records" shall refer to information produced or received by a public officer or 
19 
employee, or by a government agency in an official capacity or pursuant to a public function or 
20 
duty, and is not meant to be a stage or status of the information. 
21 
"Public records" shall include information required by law, executive orders, rules, or 
22 
regulations to be entered, kept and made publicly available by a govemment agency. 
23 
24 
SEC. 5. Presumption. - There shall be a legal presumption in favor of access to 
25 
information. Accordingly, government agencies shaH have the burden of proof of showing by 
26 
clear and convincing evidence that the info'rmation requested is exempted from disclosure by uiis 
27 
Act. 
2 


1 
SEC. 6. Access to Information. - Government agencIes shall make available to the 
2 
public for scrutiny, copying and reproduction in the manner provided by this Act, all information 
3 
pertaining to official acts, transactions or decisions, as well as government research data used as 
4 
basis for policy development, regardless of their physical form or format in which they are 
5 
contained and by whom they were made. 
6 
7 
SEC. 7. Exceptions. - Subject to the qualifications set forth in Section 8 of this Act, 
8 
access to information may be denied when: 
9 
(a) The information is specifically authorized to be kept secret under guidelines 
10 
established by an executive order, and in fact properly classified pursuant thereto: Provided, That 
11 
1) The information directly relates to national defense and its revelation will cause grave 
12 
damage to the internal and external defense of the State; or 
13 
2) The information requested pertains to the foreign affairs of the Republic of the 
14 
Philippines, when its revelation unduly weaken the negotiating position of the government in an 
\ 
15 
ongoing bilateral or multilateral negotiation or seriously jeopardize the diplomatic relations of 
16 
the Philippines with one or more states with which it intends to keep friendly relations: 
17 
Provided, further, That the executive order shall specify the reasonable period by which 
18 
the information shall be automatically declassified or subject to mandatory declassification 
19 
review, and that any reasonable doubt as to classification and declassification shall be settled in 
20 
favor of the right to information; 
21 
22 
(b) The information requested pertains to internal and external defense and law 
23 
enforcement, when the revelation thereof would render a legitimate military or law enforcement 
24 
operation ineffective, unduly compromise the prevention, detection or suppression of a criminal 
25 
activity, or endanger the life or physical safety of confidential or protected sources or witnesses, 
26 
law enforcement and military personnel or their immediate families. Information relating to the 
27 
details of the administration, budget and expenditure, and management of the defense and law 
28 
enforcement agencies shall always be accessible to the public; 
3 


1 
(c )The information requested pertains to the personal information of a natural person 
2 
other than the requesting party, and its disclosure would constitute a clearly unwarranted 
3 
invasion of his or her personal privacy, unless it forms part of a public record, or the person is or 
I 
4 
was an official of a government agency and the information relates to his or her public function, 
5 
or the person has consented to the disclosure of the information; 
6 
(d) The information requested pertains to trade, industrial, financial or commercial secrets 
7 
of a natural or juridical person other than the requesting party, obtained in confidence by, and/or 
8 
filed with a government agency, whenever the revelation thereof would seriously prejudice the 
9 
interests of such natural or juridical person in trade, industrial, financial or commercial 
10 
competition, unless such natural or juridical person has consented to the disclosure of the 
11 
information; 
12 
(e)The information is privileged from production in legal proceedings by law or by the 
13 
Rules of Court, unless the person entitled to the privilege has waived it; 
14 
(f)The information requested is exempted by law or the Constitution, in addition to those 
15 
provided in this section; 
16 
(g)The information requested is obtained by any committee of either House of Congress 
17 
in executive session, whenever such information falls under any ofthe foregoing exceptions; and 
18 
(h)The information requested consists of drafts of decisions by any executive, 
19 
administrative, judicial or quasi-judicial body in the exercise of their adjudicatory functions 
20 
whenever the revelation thereof would reasonably tend to impair the impartiality of verdicts, or 
21 
otherwise obstruct the administration of justice. 
22 
For letters (b) to (h) of this section, the determination whether any of these grounds shall 
23 
apply shall be the responsibility of the head of office of the government agency in custody or 
24 
control of the information, or any responsible central or field officer/s duly designated by him. 
25 
26 
SEC. 8. Qualifications. - Even if the information falls under the exceptions set forth in 
27 
the preceding section, access to information shall not be denied if: 
4 


1 
(a)The infonnation may be reasonably severed from the body of the information which 
2 
would be subject to the exceptions; 
3 
(b )The public interest in the disclosure outweighs the hann to the interest sought to be 
4 
protected by the exceptions; or 
5 
(c)The requesting party is either House of Congress, or any of its Committees and the 
6 
disclosure is to be made in executive session, unless the disclosure will constitute a violation of 
7 
the Constitution. 
8 
9 
SEC. 9. Procedure of Access. - (a) Any person who wishes to obtain infonnation shall 
10 
submit a request to the govemment agency concemed personally, by mail, or through electronic 
11 
means. The request shall state the name and preferred contact information of the requesting 
12 
party, and reasonably describe the info~ation required, the reason for the request of th'e 
13 
infonnation and the preferred means by which the government agency shall communicate such 
14 
information to the requesting party: Provided, That the stated reason shall not be used as a 
15 
ground to deny the request or to refuse the acceptance of the request, unless such reason is 
16 
contrary to law. If the request is submitted personally, the requesting party shall show his current 
17 
identification card issued by any govemment agency, or government or private employer or 
18 
school, or a community tax certificate. If the request is submitted by mail or through electronic 
19 
means, the requesting party may submit a photostatic or electronically scanned copy of the 
20 
identification, or other convenient means as detennined by the agency. 
21 
(b) The request shall be stamped by the govemment agency, indicating the date and time 
22 
of receipt and the name, rank, title and position of the receiving public officer or employee with 
23 
the corresponding signature, and a copy thereof fumished to the requesting party. In case the 
24 
request is submitted by electronic means, the govemment agency shall provide for an equivalent 
25 
means by which the requirements of this paragraph shall be met. 
26 
(c) The request may indicate the following preferred means of communication: 
27 
1. A true copy of the infonnation in pennanent or other form; 
5 


· 
I 
1 
2. An opportunity to inspect the infonnation, using equipment normally available to the 
2 
government agency when necessary; 
3 
3. An opportunity to copy the infonnation using personal equipment; 
4 
4. A written transcript of the information contained in a audio or visual form; 
5 
5. A transcript of the content of an infonnation requested, in print, sound or visual tonn, 
6 
where such transcript is capable of being produced using eqnipment nomlally available to the 
7 
government agency; 
8 
6. A transcript of the infonnation from shorthand or codified form; or 
9 
7. Other reasonable means or fonnat. 
10 
11 
(d) A government agency may communicate the infonnation requested in a fonn other 
12 
than the preferred means whenever such preferred means would unreasonably interfere with the 
13 
effective operation of the agency, or be detrimental to the preservation of the record. 
14 
(e) The government agency shall comply with such request within fifteen (15) working 
15 
days from the receipt thereof. 
16 
(f) The time limits prescribed III this Section for the production of the requested 
17 
infonnation may be extended whenever there is a need for any of the following: 
18 
l. To search for and collect the requested infonnation from field facilities or other 
19 
establishments that are separate from the office processing the request; 
20 
2. To search for, collect and appropriately examine a voluminous amount of separate al1d 
21 
distinct infonnation which are demanded in a single request; 
22 
3. Consultation, which shall be conducted in all practicable speed, with another 
23 
government agency or among two (2) or more components of the government agency having 
24 
substantial interest in the detennination of the request; and 
25 
4. To consider fortuitous events or other events due to force majeure or other analogous 
26 
cases. 
6 


1 
(g) The government agency shall, in writing or through electronic means, notify the 
2 
. person making the request of the extension, setting forth the reasons for such extension and the 
3 
date when the information shall be made available: Provided, That no such notice shall specify a 
4 
date that would result in an extension of more than sixty (60) working days from the original 
5 
deadline. 
6 
7 
SEC. 10. Access Fees. - Government agencies may charge a reasonable fee to reimburse 
8 
the actual cost of reproduction, copying or transcription and the communication of the 
9 
infonnation requested. 
10 
11 
SEC. 11. Notice of DeniaL - If the government agency decides to deny the request, in 
12 
whole or in part, it shall, within fifteen (15) working days from the receipt of the request, notify 
13 
the person making the request of such denial in writing or through electronic means. The notice 
14 
shall clearly indicate the name, rank, title or position of the person making the denial, and the 
15 
grounds for the denial. In case the denial is by reason of a claimed exception, the denial shall 
16 
also state clearly the legitimate aim or interest sought to be protected in the confidentiality, and 
17 
the facts and circumstances invoked showing the substantial hann to, or frustration of, the 
18 
legitimate aim or interest that will result in the disclosure of the infonnation. Failure to notify the 
19 
person making the request of the denial, or of the extension, shall be deemed a denial of the 
20 
request for access to infonnation. 
21 
22 
SEC. 12. Implementation Requirements. - (a) For the effective implementation of this 
23 
Act, all government agencies shall prepare a Freedom of Infonnation Manual, with the end in 
24 
view offacilitating easy access to infonnation, which shall include the following: 
25 
1. The location and contact infonnation of the head, regional, provincial and field offices, 
26 
and other established places where the public can obtain infonnation or submit requests; 
27 
2. The types ofinfonnation it generates, produces, holds and/or publishes; 
28 
3. A description of its record-keeping system; 
7 


1 
4. The person or office responsible for receiving requests for information; 
2 
5. The procedure for the filing of requests personally, by mail, or through the identified 
3 
electronic means; 
4 
6. The standard forms for the submission of request and for the proper acknowledgement 
5 
of the request; 
6 
7. The process for the disposition of the request, including the routing of the request to 
7 
the person or office with the duty to act on the request, the decision-making, and the grant or 
8 
denial of access and its implementation; 
9 
8. The procedure for the administrative appeal of any denial for access to information; 
10 
9. The schedule offees; 
11 
10. The process and procedure for the mandatory disclosure of information under Section 
12 
14 of this Act; 
13 
II. Should the agency lack the capacity to comply with Section 14 (a) of this Act, a brief 
14 
description of its plan to facilitate compliance within three (3) years from the approval of this 
15 
Act; and 
16 
12. Such other information, taking into consideration the unique characteristics of an 
17 
agency, that will help facilitate the effective implementation of this Act. 
18 
19 
(b) The Judiciary shall prepare a similar manual as directed by the Supreme Court; 
20 
(c) The foregoing information shall also be posted in its website and bulletin boards, and 
21 
shall be regularly updated; 
22 
(d) In no case shall the absence of the aforementioned Manual be a reason for the denial 
23 
of any request for information made in accordance with this Act. 
24 
25 
SEC. 13. Remedies in Cases of Denial. - (a) In all government agencies other than the 
26 
judicial branch-
27 
(1) Every denial of any request for access to information may be appealed to the person 
28 
or office next higher in authority, following the procedure mentioned in Section l2(a)(8) of this 
8 


1 
Act: Provided, That the appeal must be filed within fifteen (15) calendar days from the notice of 
2 
denial and must be decided within thirty (30) calendar days from filing. Failure of the 
3 
government agency to decide within the aforestated period shall constitute a denial of the appeal; 
4 
and 
5 
(2) Instead of appealing or after the denial of the appeal, the person denied access to 
6 
infonnation may file a verified complaint with the Office of the Ombudsman, praying that the 
I 
7 
government agency concerned be directed to immediately afford access to the infonnation being 
8 
requested. Such complaint shall be resolved by the Office of the Ombudsman within sixty (60) 
9 
calendar days from filing, or earlier when time is of the essence, taking into account such factors 
10 
as the nature of the infonnation requested, context of the request, public interest and danger that 
11 
the infonnation requested will become moot. The Office of the Ombudsman shall promulgate its 
12 
special rnles of procedure for the immediate disposition of complaints filed pursuant to this 
13 
Section. Unless restrained or enjoined, the decisions of the Office of the Ombudsman shall be 
14 
immediately executory, without prejudice to review in accordance with the Rules of Court. 
15 
(3) Instead of filing a complaint with the Office of the Ombudsman, whenever a request 
16 
for infonnation is denied originally or on administrative appeal, the requesting party may file a 
17 
verified petition for mandamus in the proper court, alleging the facts with certainty and praying 
18 
that judgment be rendered ordering the respondent, immediately or at some other time to be 
19 
specified by the court, to disclose the infonnation and to pay the damages sustained by the 
20 
requesting party by reason of the denial. The procedure for such petition shall be summary in 
21 
nature. 
22 
(4) In resolving a complaint or petition brought under the preceding paragraphs (2) and 
23 
(3), the Ombudsman or the court is empowered to receive the information subject of a claim of 
24 
exception under Section 7 herein and examine then in camera to determine the sufficiency of the 
25 
factual and legal basis of such claim, when such sufficiency cannot be reasonably detennined 
26 
through evidence and circumstances apart from the information. 
9 


1 
(b) In the Judicial Branch - The Judiciary shall be governed by such remedies as 
2 
promulgated by the Supreme Court. 
3 
(c) The remedies under this section are without prejudice to any other administrative, 
4 
civil or criminal action covering the same act. 
5 
(d) The remedies available under this Act shall be exempt from the rules on non-
6 
exhaustion of administrative remedies and the application of the provisions of Republic Act No. 
7 
9285, otherwise known as the Alternative Dispute Resolution Act of 2004. 
8 
(e) In case the requesting party has limited or no financial capacity, the Public Attorney's 
9 
Office shall be mandated to provide legal assistance to the requester in availing of the remedies 
10 
provided under this Act. 
11 
12 
SEC. 14. Mandatory Disclosure of Transactions Involving Public Interest. -
13 
(a) Subject to Sections 7 and 8 of this Act, all government agencies shall upload on their 
14 
websites, which shall be regularly updated every three (3) months, all the steps, negotiations and 
I 
15 
key government positions pertaining to definite propositions of the government, as well as the 
16 
contents of the contract, agreement or treaty in the following transactions involving public 
17 
interest: 
18 
(1) Compromise agreements entered into by a government agency with any person or 
19 
entity involving any waiver of its rights or claims; 
20 
(2) Private sector participation agreements or contracts in infrastructure and development 
21 
projects under Republic Act No. 6957, as amended by Republic Act No. 7718, authorizing the 
22 
financing, construction, operation and maintenance of infrastructure projects; 
23 
(3) Procurement contracts entered into by a government agency; 
24 
(4) Construction or concession agreements or contracts entered into by a government 
25 
agency with any domestic or foreign person or entity; 
26 
(5) Loans, grants, development assistance, technical assistance and programs entered into 
27 
by a government agency with official bilateral or multilateral agencies, as well as with private 
28 
aid agencies or institutions; 
10 


1 
(6) Loans from domestic and foreign financial institutions; 
2 
(7) Guarantees given by any government agency to government-owned or -controlled 
3 
corporations and to private corporations, persons or entities; 
4 
(8) Public funding extended to any private entity; 
5 
(9) Bilateral or multilateral agreements and treaties III defense, trade, economic 
6 
partnership, investments, cooperation and similar binding commitments; or 
7 
(10) Licenses, permits or agreements given by any government agency to any person or 
8 
entity for the extraction andlor utilization of natural resources. 
9 
A summary list of the foregoing information uploaded in the website shall be posted in 
10 
the bulletin boards of the concerned government agency. 
11 
12 
(b) The information uploaded in the website under letter (a) of this Section may be 
13 
withdrawn after a period of three (3) years from the time of uploading: Provided, That an 
14 
abstract of the information withdrawn shall remain uploaded in the website, containing a brief 
15 
description of the transaction and an enumeration of the information withdrawn, and indicating 
16 
the dates of posting and withdrawal. 
17 
(c) Should an agency lack the capacity to comply with letter (a) of this Section, the 
18 
agency shall initiate a capacity-building program, or coordinate with another appropriate agency, 
19 
to facilitate substantive compliance not later than three (3) years upon approval ofthis Act. 
20 
21 
, SEC. 15. Keeping of Records. - a) Government agencies shall create andlor maintain in 
22 
appropriate formats, accurate and reasonably complete documentation or records of their 
23 
organization, policies, transactions, decisions, resolution, enactments, actions, procedures, 
24 
operations, activities, communications, documents received or filed with them and the data 
25 
generated or COllected. These shall include working files such as drafts or notes, whenever these 
26 
have been circulated within the agency for official purpose such as for discussion, comment or 
27 
approval or when these contain unique information that can substantially contribute to a proper 
11 


1 
understanding of the agency organization, policies, transactions, decisions, resolutions, 
2 
enactments, actions, procedures, operations, and activities; 
3 
b) Government agencies shall identify specific and classes of official records in their 
4 
custody or control that have continuing historical, administrative, informational, legal, 
5 
evidentiary, or research value for preservation by such agencies or their legitimate successors, or 
6 
for transfer to the National Archives of the Philippines. In addition, the National Archives of the 
7 
Philippines shall likewise identifY specific and classes of official records that it shall require 
8 
agencies to preserve and transfer to it. 
9 
c) In addition to the specific and classes of official records identified for preservation 
10 
under letter (b) of this Section, the following shall not be destroyed: 
11 
I) Records pertaining to loans obtained or guaranteed by the government; 
12 
2) Records of government contracts; 
13 
3) The declaration under oath of the assets, liabilities and net worth of public officers and 
14 
employees, as required by law; and 
15 
4) Records of official investigations on graft and corruption practices of public officers. 
16 
17 
d) Government agencies shall prepare, following standards and period promulgated 
18 
pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act of 2007, a 
19 
records management programs that includes the following: 
20 
I) A records maintenance system for the creation, selection, classification, indexing and 
21 
filing of official records, that facilitates easy identification, retrieval and communication of 
22 
information to the public; 
23 
2) A records maintenance, archival and disposition schedule providing a listing of records 
24 
under current use, for retention by the agency, for transfer to the National Archives, or for 
25 
destruction: Provided, That destruction of the official records may be implemented only upon 
26 
approval of the National Archives of the Philippines; and 
27 
3) A specifications of the roles and responsibilities of agency personnel 111 the 
28 
implementation of such system and schedule. 
12 


1 
e) In addition to its function as repository of all rules and regulations issued by agencie~ 
2 
as provided under Book VII, Chapter II of the Administrative Code of 1987, the University of 
3 
the Philippines Law Center, in coordination with the National Printing Office as the agency with 
4 
exclusive printing jurisdiction over the Official Gazette, shall maintain a database, and publish 
5 
the same in print in Official Gazette or in digital or online form, the following: 
6 
I) All laws of the Philippines and their amendments, from the period of the Philippine 
7 
Commission to the present; 
8 
2) All presidential issuances from November 15, 1935 to the present, including but 
9 
limited, to executive orders, presidential proclamations, administrative orders, memorandum 
10 
circulars, general orders, and other similar issuances; 
11 
3) A database of all appointments made by the President of the Philippines; and 
12 
4) Opinions of the Secretary of Justice. 
13 
14 
SEC. 16. Promotion of Openness in Government. - (a) Duty to Publish Information -
15 
Government agencies shall regularly publish, print and disseminate at no cost to the public and in 
16 
an accessible form, in conjunction with R.A. 9485, or the Anti-Red Tape Act of 2007, and 
17 
through their website, timely, true, accurate and updated key information including, but not 
18 
limited to: 
19 
(1) A description of its mandate, structure, powers, functions, duties and decision-making 
20 
processes; 
21 
(2) A description of the frontline services it delivers and the procedure and length of time 
22 
by which they may be availed of; 
23 
(3) The names of its key officials, their powers, functions and responsibilities, and their 
24 
profiles and curriculum vitae; 
25 
(4) Work programs, development plans, investment plans, projects, performance targets 
26 
and accomplishments, and budgets, revenue allotments and expenditures; 
27 
(5) Important rules and regulations, orders or decisions: Provided, That they be published 
28 
within fifteen (15) calendar days from promulgation; 
13 


1 
(6) Current and important database and statistics that it generates; 
2 
(7) Bidding processes and requirements; and 
3 
(8) Mechanisms or procedures by which the public may participate III or otherwise 
4 
influence the formulation of policy or the exercise of its powers. 
5 
6 
(b) Accessibility of Language and Form - Every government agency shall endeavor to 
7 
translate key information into major Filipino languages and present them in popular form and 
8 
means. 
9 
(c) Improving Capability - Every government agency shall ensure the provision Qf 
10 
adequate training for its officials to improve awareness of the right to information and the 
11 
provisions of this Act, and to keep updated of best practices in relation to infonnation disclosure, 
12 
records maintenance and archiving. 
13 
14 
SEC. 17. Criminal Liability and Administrative Liability. -
The penalty of 
15 
imprisonment of not less than one (1) month but not more than six (6) months shall be imposed 
16 
upon: 
17 
(a) Any public officer or employee receiving the request under Section 9 of this Act who 
18 
shall fail to promptly forward the request to the public officer within the same office or agency 
19 
responsible for officially acting on the request when such is the direct cause of the failure to 
20 
disclose the information within the periods required by this Act; 
21 
(b) Any public officer or employee responsible for officially acting on the request, who 
22 
shall: 
23 
1. Fail to act on the request within the periods required by this Act; 
24 
2. Knowingly deny the existence of existing information; 
25 
3. Destroy information being requested for the purpose of frustrating the requester's 
26 
access thereto; 
27 
4. Claim an exception under Section 7 of this Act, or under the Constitution, when the 
28 
claim is manifestly devoid of factual basis; or 
14 


1 
5. Refuse to comply with the decision of his immediate supervisor, the Ombudsman or 
2 
the court ordering the release of information that is not restrained or enjoined by a court; 
3 
4 
(c) The head of office of the government agency directly and principally responsible for 
5 
the negotiation and perfection of any of the transactions enumerated in Section 14 (a) of this Act, 
6 
who shall knowingly refuse, to direct the mandatory posting or uploading of such transaction 
7 
despite the agency capacity to implement such directive. The same penalty shall be imposed 
8 
upon the public officer or employee who, despite a directive from the head of office, shall fail, to 
9 
post or upload any ofthe transactions enumerated in Section 14 (a) ofthis Act; 
10 
(d) Any public officer or employee who shall destroy, or cause to destroy, records of 
11 
information covered by Section 15(c) of this Act; 
12 
(e) Any public officer who formulates policies, rules and regulations manifestly contrary 
13 
to the provisions ofthis Act, and which policies, rules and regulations are the direct cause of the 
14 
denial of a request for information; or 
15 
(f) Any public or private individual who knowingly induced or caused the commission of 
16 
the foregoing acts under this section. 
17 
The foregoing shall be without prejudice to any administrative liability of the offender 
. 
I 
18 
under existing laws and regulations. 
19 
20 
SEC. 18. Act Not a Bar to Claim of Right to Information Under the Constitution. - No 
21 
provision of this Act shall be interpreted as a bar to any claim of denial of the right to 
22 
information under Article III, Section 7 of the 1987 Constitution. 
23 
24 
SEC. 19. Separability Clause. - If, for any reason, any section or provision of this Act is 
25 
held unconstitutional or invalid, no other section or provision shall be affected. 
26 
27 
SEC. 20. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, 
28 
issuances or any part thereof inconsistent with the provisions of this Act, including 
15 


1 
Memorandum Circular No. 78 dated 14 August 1964 (Promulgating Rules Governing Security of 
2 
Classified Matter in Government Offices), as amended, and Section 3, Rule IV of the Rules 
3 
Implementing Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public 
4 
Officials and Employees), are deemed repealed. 
5 
6 
SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
7 
at least two (2) national newspapers of general circulation. 
Approved, 
16