Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3063
HOUSE BILL NO.

Introduced by Hon. Jericho Jonas B. Nograles

EXPLANATORY NOTE

Based on the 2009 SWS Surveys of Enterprises on Corruption, fifty-six percent
(56%) of the general public believe that there is a lot of corruption in the public sector.
This view of the genera | public is attributable to the controversies surrounding the deals
and transactions entered into by government officials and employees. In order to
debunk this appalling perception of the general public, it is imperative that policies
promoting transparency and full disclosure on matters of public concern be
implemented.

This Bill proposes to implement the right of the people to information on matters
of public concem guaranteed in the afore mentioned provision of the Constitution as
well as adopting the policy of full public disclosure of all transactions in government
involving public interest as provided in Article I! Section 28 of the 1987 Constitution.

In setting the parameters by which the people are afforded their right to
information and implementing a policy of full disclosure of all transactions in government
involving public interest, we are invigorating the trust and confidence of the people to
the State thereby instilling the necessary vigilance to the citizenry in safeguarding their
rights and automatically rejecting any malfeasance, misfeasance and nonfeasance in
office committed by officers and employees of the government.

Furthermore, this bill will deter employees and officials of the government in
entering into clandestine and often onerous transactions which debilitate the integrity of
the governmental institutions they work for.

In view of the foregoing, the immediate approval of this bills earnestly
sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3063
HOUSE BILL NO.

Introduced by Hon. Jericho Jonas B. Nograles

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
participat ion 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 the national government and alll 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) Dataset refers to an organized collection of data in a variety of forms,
including tabular, geospatial, or image data files.

(b) Information refers to data that have been processed into a record, document,
Paper, report, letter, contract, minutes and transcripts of official’ meetings,
maps, books, photographs, data , research materials, in whatever form, or films,
audio and video recordings, magnetic or other tapes, electronic data, in whatever


format , which are made, received or kept in or under the control and custody of any
government agency pursuant to law, executive order, rules and regulations , ordinance,
or in connection with the performance or transaction of official business by any
government agency.

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

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

(e) 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.

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

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, transact ions, 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. According ly, government agencies shall have the
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 10 by an executive order, and properly classified pursuant thereto:
Provided, That 1) The information directly relates to national security or defense and its
revelation may cause grave damage to the national security or internal and external
defense of the State; or 2) The information requested pertains to the foreign affairs
of the Republic of the Philippines, when its revelation shall unduly weaken the


negotiating position of the government in an ongoing bilateral or multilateral negotiation
or seriously jeopardize the diplomatic relations of the Philippines with 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 shalll 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;

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

() 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 security; or

(iii) deprive a person of a right to a fair trial or an impartial adjudication :
or

(iv) lead to the disclosure of the identity of a confidential source,
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
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;

(4) __ 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 ;

(9) __ 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 ;

when prematurely disclosed, the information, would, in the case of a
government agency that regulates or deals with the commodities markets,
currencies, interest rates, securities, or financial institutions, likely lead to fraud,
manipulation, or other unlawful acts or schemes involving currencies , interest rates,
securities, 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.

1. The exceptions in the preceding section shall be strictly construed:

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

3. 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;

4. 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

5. The exceptions do not constitute author ity 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.

SEC. 9. Mandatory Disclosure of Information. —

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

(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 Just ices 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 in their websites and
update on a monthly basis, a register containing the following information:

(1) Freedom of Information Manual in full;

(2) Rules of Procedure, descriptions of forms available 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:
(i) Annual Budget of Government Agencies
(ii) temized Monthly Collections and Disbursement
(i) 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 a government agency

(0) 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


in the website of the concerned government agency or the Official
Gazette Online, subject to the succeeding section . A covered
record shall be published in the website not later than thirty (30)
working days from its perfection or issuance.

(c) All government agencies shall, over time, endeavor to build their capacity and
practice to publish in full all other contracts, agreements, or treaties covered under this
Section, especially those that are of the highest public interest by reason of the
amounts involved and the impact of the transaction to the public. All government
agencies must ensure that they have a compliant website within two (2) years from the
effectivity of this Act.

(d) Should an agency lack the capacity to comply with the web site publication
requirement of this Section, the agency shalll 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 - In conjunction with Republic Act 9485, or the
Anti-Red Tape Act of 2007, government agencies shall regularly publish, print and
disseminate at no cost to the public, in an accessible form, and through their website ,
timely, true , accurate and updated key information , including:

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

(2) a description of the frontline services it delivers and the procedure and
length of time by which they may be availed of;

(3) the names of its key officials, their powers, functions and
responsibilities, and their profiles and curriculum vitae:

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

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

(6) datasets generated in the implementation of agency mandates,
programs, activities, and projects such as statistics, figures, and
geospatial data;

(7) current and important database and statistics that it generates;

(8) bidding processes and requirements; and

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


(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 ensure the provision of adequate training for its
officials and employees to improve awareness of the people's right to information on
matters of public concern and the provisions of this Act. Similarly, all government
agencies shall endeavor to study and adopt best practices in relation to information
disclosure, records maintenance, and archiving

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

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, in denying the request, 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. - It shall be tantamount to gross neglect of
duty and shall as a ground for administrative and disciplinary sanction against any
Public official or employee who willfully and knowingly commits the following acts


(a) refusal to promptly forward the request under Section 18 of this Act to
the public officer within the same office or agency responsible for officially
acting on the request when such is the direct cause of the failure 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;

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

(€) approval of policies, rules and regulations manifestly contrary to the
provisions of this Act, and which policies, rules and regulations are the
direct cause of the denial of a request for information

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 induces or causes the commission of
the foregoing acts shall be liable as principal by inducement in the prosecution of public
officials or employees under this section.

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

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 (FOI) Manual. —

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

(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 request and
the decision-making process for the grant or denial of the request;

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

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

(10) the process and procedure for the mandatory disclosure of
information under Section 9 of this Act: Provided, That, should the agency
lack the capacity to comply with Section 9 of this Act, a brief description of
its plan to facilitate compliance within 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;

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

(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, function s, and duties of these liaison units or
committees shall be included in the FO! 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 concemed 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 there in one's name and
position within the government agency, and give a copy thereof to the person who
made the request. The request shall state the name and preferred contact
information of the requesting party, and reasonably describe the information


required, the reason for the request of the information and the preferred means by
which the government agency shall communicate such information to the requesting
party: Provided, That the stated reason shall not be used as a ground to deny the
request or to refuse the acceptance of the request, unless the request is 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 photostatic 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.

(c) The request shall be duly received by the concerned government
agency, which shall forthwith indicate the date and time of receipt and the name, rank,
title and position of the receiving public officer or employee who shall likewise affix
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 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.

(f) 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 shall 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 -

(1) A denial of a request for access to information may be appealed to the
Head of Agency, following the procedure required under Section 17 (a) (8) of this Act:
Provided, That the appeal must be filed within fifteen (15) calendar days from the
receipt of the notice of denial and must be decided within fifteen (15) calendar days
from filing. Failure to resolve the appeal with in the aforementioned period shall
constitute a denial of the appeal.

(2) A person denied access to information may file a verified complaint with the
Office of the Ombudsman, praying that the government agency concerned be directed
to immediately afford access to the information being requested. The Office of the
Ombudsman shall promulgate its special rules of procedure for the immediate
disposition of complaints filed pursuant to this Section. Unless restrained or enjoined.
the decision of the Office of the Ombudsman shall be immediately executory, without
prejudice to review in accordance with the Rules of Court.

(3) A party whose request for information has been denied, whether or not such
decision has been appealed to the head of an agency, may file a verified petition for
mandamus in the proper court. alleging the facts with certainty and praying that
judgment be rendered ordering the respondent immediately or at some other time to
be specified by the court , to disclose the information and to pay the damages
sustained by the requesting party by reason of the denial. The procedure for such
petition shall be summary in nature.

In resolving a complaint 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 to 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 is 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 proper documentation if and when the records are transferred to the National
Archives of the Philippines.

(c) In addition to the specific and classes of official records identified for
preservation under 27 letter (b) of this sect ion, the following shall not be destroyed:

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

(2) records of government contracts involving amounts Fifty Million
Pesos (Php 50,000.00) or more, or related to infrastructure. public and
private partnerships, utilities, or other important projects;

(3) the original Declarations under oath of the assets, liabilities and net
worth of public officers and employees submitted to the Office of the
Ombudsman , as required by law, and


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

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

(1) a records maintenance system for the creation , selection,
Classification , indexing 10 and filing of official records that

facilitate the easy identification, retrieval and communication of
information to the public;

2) a records maintenance , archival and disposition schedule
providing a listing of records under current use for retention by the
agency, for transfer to the National Archives, or for destruction:
Provided, That destruction of the official records may be

implemented only upon approval of the National Archives of the
Philippines; and

(3) identification of the specific roles and responsibilities of agency
personnel in the implementation of such system and schedule.

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

(1) all laws of the Philippines and their amendments, from the
period of the Philippine Commission to the present:

(2) all presidential issuances from November 15, 1935 to the
present , including but not limited, to executive orders,
Presidential proclamations, administrative orders, memorandum
circulars, general orders , and other similar issuances;

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

(4) opinions rendered by the Secretary of Justice.

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

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


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

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

(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 genera | 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 A rticle Ill, Section 7 of the 1987 Constitution.

SEC . 25. Publication of Government Data in the Open Data Philippines
Website. - For purposes of enhancing the public's access to government information
and abiding by the Philippines’ international commitments to transparency and
government openness. all government agencies shall publish in the Open Data
Philippines website, datasets generated in the implementation of agency mandates,
programs, activities, and projects.

These datasets shall be updated, whenever permissible, at least once in every
quarter of every year.

The Open Data website shall be maintained and administered by an Open Data
Task Force under the Office of the President , or any such similar body designated by
the President for this purpose. For the purpose of making government data more
accessible to the public, all datasets published on the Open Data Philippines website
and on LGU websites as mandated in Section 9 of this Act shall be, whenever
practicable , of a machine-readable and open format.

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 (FO!) and Good Governance
In Elementary and Secondary Curriculum. - To ensure well-informed generations of
citizens, the ight 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 objective s 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 integrat ed 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 |, 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 Ruies Implementing
Republic Act No. 6713 (Code of 15 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).

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

Approved.