FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2286

House Bill No.

EXPLANATORY NOTE

The Constitution, Article Ill, Section 7 provides that "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."

Access to government information allows citizens to monitor government
actions. The public should be provided with timely, complete, equitable and
affordable access to government information. This bill seeks to improve
government information dissemination procedures and provide government offices
with modern information technology.

Hence, the speedy approval of this bill is earnestly solicited.

RUFUS B. IRIGUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2286

House Bill No.,

AN ACT
TO IMPROVE PUBLIC DISSEMINATION OF GOVERNMENT INFORMATION

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

SECTION 1. Short Title - This Act may be cited as the “Improvement of
Information Access Act."

SEC 2. Declaration of Policy - \t is the policy of the State to inform the
people on matters of public concern. 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. To enhance this
tight, government agencies should improve information dissemination procedures
and be provided with modem information technology.

SEC 3. Information Dissemination Policies - Each subdivision, agency
and instrumentality of the government, including government owned or controlled
corporations (hereinafter referred to as "department" or "agency") shall prepare by
not later than February 1 of each year, and make freely available to the public
upon request and at no charge, a report which describes the information
dissemination policies and practices of the department, including -

(a) plans of the department to introduce new information products and
services or discontinue old ones;

(b) efforts of the department to develop or implement standards for file and
record formats, software query command structures, user interfaces and other
matters that make information easier to obtain and use;


(c) progress of the department in creating and disseminating
comprehensive indexes and bibliographies of efforts conducted with other
agencies;

(d) the methods to be used by the public for accessing information,
including the modes and outlets available to the public;

(e) provisions for protecting access to records stored with technologies that
are superseded or obsolete;

(f) methods used to make the public aware of information resources,
services and products; and

(g) a summary of the comments received from the public under the
succeeding section in the year preceding the report, and the response of the
department to those comments.

SEC 4. Publication - Not later than February 1 of each year, each
department shall publish in at least two (2) newspapers of general circulation, and

provide in such manner as will notify users of information of the department, a
notice of:

(a) the availability of the report prepared under the preceding section; and

(b) a period of not less than 90 days for submission by the public of
comments regarding the information dissemination policies and practices of the
department or establishment, including comments regarding -

(1) the types of information the department or establishment collects
and disseminates;

(2) the methods and outlets the department or establishment uses to
store and disseminate information;

(3) the prices charged by the department or establishment, or such
outlets for information;

(4) the validity, reliability, timeliness and usefulness to the public of
the information.

SEC 5. Public Hearings - Comments received under this subsection by a

department shall be available for inspection to the public. Each year the
department or establishment shall provide a reasonable opportunity for dialogue
between responsible agency officials and interested members of the public,
including thorough hearings and informal forum, regarding both proposed and


existing policies, procedures and mechanisms for disseminating information under
this Act and for otherwise implementing this Act.

SEC 6. Discontinuation of Information Service - Before discontinuing an
information product or service, an agency shall —

(a) publish in at least two (2) newspapers of general circulation, or provide
by other means adequate to inform users of information of the agency, a notice of
a period of not less than 120 days for submission by the public of comments
regarding that discontinuation;

(b) include in that notice an explanation of the reasons for the
discontinuation; and

(c) consider comments received pursuant to the notice.
SEC 7. Dissemination of Information - Each agency shall -

(a) disseminate information in diverse modes and through appropriate
outlets that will reinforce statutory requirements for depository distribution, as well
as offering other channels of distribution, with adequate documentation software,
indexes, or other resources that will permit and broaden public access to
government information;

(b) disseminate information in a manner that ensures the timeliness,
usefulness and reliability of the information for the public;

(c) store and disseminate information products and services in standardized
record formats; and

(d) use depository libraries, national computer networks and other
distribution channels that improve and assure free or low-cost public access to
government information.

SEC 8. Prohibition as to Charging of Costs—

(a) Except as specifically authorized by statute, an agency may not -

(1) charge to depository libraries the costs of distributing information
products and services;

(2) charge more than the incremental cost of distributing an
information product or service regardless of channels utilized by the
agency; or


(3) charge any royalty or other fee for any use or redissemination of
government information;

(0) The incremental cost of distributing an information product or service
does not inciude any portion of the cost of collecting, organizing or processing
information disseminated through the product or service.

SEC 9. Model Performance Standards - The Director General of the
Philippine Information Agency shall issue and periodically revise model
performance standards under which agencies shall be encouraged to provide
access to public records.

‘Standards issued under this subsection shalll include the establishment of a
period within which an agency, upon request, shall provide by mail a copy of any
decision, rule, notice, docket filing, press release or other public document of the
agency.

SEC 10. Standards for Access to Public Records - The Director General
of the Philippine Information Agency shall issue model performance standards for
providing access to agency records under the preceding section by not later than
one (1) year after the date of the enactment of this Act.

SEC 11. Separability Clause - \f any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SEC 12. Repealing Clause - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to, or inconsistent with, the provisions of this Act is hereby repealed,
modified or amended accordingly.

SEC 13. Effectivity Clause - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved.