Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS.
First Regular Session

House Bill No.__ 634

Introduced by CIBAC Party-List Representative
EDUARDO ‘BRO. EDDIE’ C. VILLANUEVA

EXPLANATORY NOTE

Public access to information on matters relating to public concern is a
constitutional right, as is written on Article Ill, Section 7 of the 1987
Constitution:

“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.”

In spite of this constitutional guarantee, denial of access to public
information remains predominant in our country. In this regard, there is an
urgent need to enact a law that ensures that the people’s right to access
information of public concern is upheld.

This bill seeks to address this existing disparity by providing key
measures such as: obligatory publishing of certain information by government
agencies even without prior request from the public; full online disclosure of


government contracts amounting to at least Fifty Million Pesos
(PhP50,000,000); and mandatory production of all government offices,
including government-owned or -controlled corporations (GOCCs), of their
own Freedom of Information Manual that outlines the processes and
procedures the public must know in order to request data.

This bill also sets time limit for the government's response to requests
for public data: fifteen (15) days for both the granted and denied requests, with
specified grounds for denial and available remedies to make an appeal for the
latter.

This bill further mandates that official communication be conducted
using plain language to ensure understanding of all the parties involved in the
transaction.

On the other hand, this bill also establishes limitations on said
constitutional right by setting limited and strictly construed exceptions on
matters of national security, trade secrets, and presidential privilege.
Furthermore, it also guarantees the right to privacy of every Filipino and
ensures that disclosure of personal data in the custody of the State shall be
done in accordance to Republic Act No. 10173 or the Data Privacy Act of 2012.

Stressing this bill's commitment to upholding the people's constitutional
right to public information, violators of the provisions stated herein will not
simply be held administratively liable, but criminally.

Finally, this bill also provides a system of incentives and rewards to
boost compliance of government agencies. All funds necessary to
implement this measure shall be included in the General Appropriations Act.

Government transparency is an effective tool to encourage public
participation in the conduct of facilitating the country's daily businesses. An
honest government with transparent systems also encourages investors, thus
advancing micro and macroeconomic growth. For this reason, laws that
guarantee people's right to public information have already been adopted all
across the world. Yet, the Philippines remains to be behind, as this proposed
measure has not been gaining its needed support in the Congress for



decades.

For this reason, the immediate passage of this bill is earnestly sought.

Lil

C. VILLANUEVA

a

EDUARDO “BRO. ED!



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

634

House Bill No.

Introduced by CIBAC Party-List Representative
EDUARDO ‘BRO. EDDIE’ C. VILLANUEVA

AN ACT IMPLEMENTING THE PEOPLE’S RIGHT TO INFORMATION
AND THE CONSTITUTIONAL POLICIES OF FULL PUBLIC
DISCLOSURE AND HONESTY IN THE PUBLIC
SERVICE AND FOR OTHER PURPOSES

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."

SECTION 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. It is likewise a declared policy of the State to promote
the meaningful and increased participation of the people in government
decision-making and public accountability.


Public officials and employees, in the performance of their duties
under this Act, as well as citizens in the exercise of their rights under this
Act, shall handle information kept or obtained under this Act fairly, lawfully,
and with due regard to the full protection of the right to privacy of
individuals.

SECTION 3. Definition of Terms. — As used in this Act:

a) “Information” shall mean any part, portion, or the whole of any public
and/or official record, document, paper, report, letters, contract,
minutes and transcripts of official meetings, maps, books,
photographs, data, research material, film, audio and video
recordings, magnetic or other tapes, electronic data, computer
stored data, or other like or similar data or material of public concern
recorded, stored or archived in whatever form or format, and any
content thereof in parts, portion, or in whole, 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) “Information of Public Concern” shall refer to all and any information
that a concerned citizen may lawfully request of any government

agency.

c) “Official record/records” shall refer to information, in final form
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.

d) "Public record/records" shall include information required by law,
executive orders, rules, or regulations tobe entered, kept and
made publicly available by a government agency.

e) “Public service contractor" shall be defined as a private entity that
has a dealing, contract or transaction of whatever nature with the
government or a government agency/office that utilizes public funds.


f)

“Personal information” shall refer to any information whether
recorded in a material form or not from which the identity of an
individual is apparent or can be reasonably and directly ascertained
by the entity holding the information or when put together with other
information would directly and certainly identify an individual.

g) "Sensitive personal information” shall refer to personal information:

1) about an individual's race, ethnic origin, marital status, age, color
and religious, philosophical or political affiliations;

2) about an individual's health, education, genetic or to any
proceeding for any offense committed or alleged to have been
committed by such person, the disposal of such proceedings, or
the sentence of any court in such proceedings;

3) issued by government agencies peculiar to an individual which
includes, but not limited to, social security numbers previous or
current health records, licenses or its denials, suspension or
revocation and tax returns; and

4) specifically established by an executive order or an act of
Congress to be kept classified.

h) “Personal data” refers to all types of personal information.

i) “Privileged information” refers to any and all forms of data, which,
under the Rules of Court and other pertinent laws constitute
privileged communication.

SECTION 4. Coverage. - This Act shall cover all government
agencies. Government agency or agencies shall include the executive,
legislative and judicial branches as well as 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


CHONVNAMRWH Ho

Rants

mandated bodies, local governments and all their agencies, regulatory
agencies, chartered institutions, government-owned or -controlled
corporations (GOCCs), including government financial institutions (GFls),
government instrumentalities with corporate powers (GICP), government
corporate entities (GCE), and non-chartered GOCCs, state universities
and colleges (SUCs), and state-run technical vocational institutions
(STVIs).

SECTION 5. Access to Information. — Every Filipino citizen has a
right and shall, on request, be given access to any information of public
concern under the control of a government agency regardless of the
Physical form or format in which they are contained subject only to the
exceptions enumerated in Section 7 of this Act.

SECTION 6. Presumption. — There shall be a legal presumption in
favor of access to information. No request for information shall be denied
unless it clearly falls under the exceptions provided under this Act.
Accordingly, government agency shall have the burden of proof of
showing by clear and convincing evidence that the information requested
is exempted from the disclosure by this Act.

SECTION 7. Exceptions. — Access to information shall be granted
unless:

a) The information is specifically authorized to be kept confidential
and/or privileged under guidelines established by law or an
Executive Order consistent with the Constitution, and in fact properly
classified pursuant thereto: Provided, That

1) The information directly relates to national security or defense
and its revelation may cause 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


14

diplomatic relations of the Philippines with any state, or prejudice
the entrusting of information to the Republic of the Philippines on
a basis of confidence by the government of any other country or
any international organization: Provided, That sufficient
information is disclosed to afford reasonable public participation
in government decision-making on bilateral and multilateral
agreements: Provided, further, That the head of the department
or agency having custody or possession of such information,
shall keep under continuing review all classified information in his
custody and may direct the declassification review of such
information as needed. Declassification of the information shall
be subject to the approval of the President;

b) The information consists of minutes or records of advice given or of
opinions expressed during decision-making or policy formulation
including exchanges when the chief executive was not present, only
if invoked by the chief executive to be part of presidential
communications privilege. Whenever disclosure would significantly
undermine the free and frank provision of advice or exchange of
views: Provided, That an executive order shall be issued specifying
the reasonable period after which information invoked to be
Privileged under this paragraph shall be made accessible to the
public.

Cc) The information requested pertains to internal and/or external
defense, law enforcement, and border control, when the disclosure
thereof may:

1) Compromise or interfere with any legitimate military or law
enforcement operation, or

2) Compromise or interfere with the legitimate prevention, detection
or suppression of criminal activity, or the legitimate
implementation of immigration controls and border security, or

3) Lead to the disclosure of the identity of a confidential source,
including a government, or foreign agency or authority or any


27

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

4) Disclose legitimate techniques and procedures for law
enforcement investigations or prosecutions, or would disclose
legitimate guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to
tisk circumvention of the law, or

5) Endanger the life or physical safety of any individual, or
6) Deprive a person of a right to a fair trial and impartial adjudication.

d) The information requested pertains to matters of human security,
such as, but not limited to, food, health, money and trade: Provided,
That such disclosure or premature disclosure will imperil well-being
or degrade the quality of life of people by causing unnecessary panic
and conflict and threatening to limit the range of policy choices
available to the concerned implementing and regulating agencies:
Provided, further, That this exception shall apply only until such time
that the confidentiality requirement of the action plan of said agency
is no longer necessary in addressing the said security issue;

e) The information requested pertains to the assistance of government
to overseas Filipino workers, including but not limited, to their cases
and records on criminal and family cases, and information that could
compromise or weaken their case or position in any legal
proceeding;

f

The information requested involves records of foreign diplomats on
diplomatic and consular missions, their arrival and departure, and
other information that could compromise their safety or that such
information is considered confidential by the Vienna Convention on


Diplomatic Relations and the Vienna Convention on Consular
Relations;

g) The information requested are exempted under a treaty or bilateral
agreement to which the Philippines is a party;

h) The information requested consists of drafts of orders, resolutions,
decisions, memoranda or audit reports by any executive,
administrative, regulatory, constitutional, judicial or quasi-judicial
body in the exercise of their regulatory, audit and adjudicatory
function: Provided, That the revelation of the information would
impair the impartiality of verdicts or otherwise obstruct the
administration of justice;

The information requested is obtained by either House of Congress,
or any committee thereof, in executive session;

j) The information requested pertains to the personal and sensitive
information of a natural person other than the requesting party, and
its disclosure would constitute an unwarranted invasion of his or her
personal privacy, unless it forms part of a public record, and the
person is or was an official or employee of a government agency
and the information relates to his public function and the person has
consented, in writing, to the disclosure of the information. To the
extent required to prevent an unwarranted invasion of privacy, an
agency may redact such personal data from a record made
available to the public;

k) The information requested forms part of a public record but its
disclosure would expose the people concerned to acts of
discrimination, unless such information is first redacted by the
concerned government agency;

!) The information requested pertains to trade secrets and commercial
or financial information obtained from a natural or juridical person
other than the requesting party, obtained in confidence or covered
by privileged communication, and/or filed with a government


agency, whenever the revelation thereof would prejudice the
interests of such natural or juridical person in trade, industrial,
financial or commercial competition. This includes information
protected under the Anti-Money Laundering Law, as amended, bank
secrecy laws and other laws;

™m) The information is required to be kept confidential by law or consists
of privileged information unless the person entitled to the privilege
has waived it;

n) The information requested is exempted from disclosure by the
Constitution or by law;

©) The information is of a nature that its premature disclosure would:

1) in the case of an agency that regulates or deals with currencies,
interest rates, securities, commodities, or financial institutions,
likely lead to speculations in currencies, interest rates, securities,
or commodities market; or

2) in the case of other agencies, likely frustrate the effective
implementation of a proposed official action: Provided, That the
information shall be disclosed once the abovementioned dangers
have ceased.

P) The information has already been made accessible as provided in
Sections 8(a), 9, 11 and 14 of this Act.

q) The information requested pertains to information about the ongoing
evaluation or review of bids or proposals undertaken by the bidding
or review committee prior to an official recommendation by the
government.

For paragraphs (c) to (q) 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, without
prejudice to Section 6 above: Provided, That:

(1) The exceptions are strictly construed;

(2) The exceptions are not used to cover-up a crime, or any unlawful
activity;

(3) The President, the Supreme Court, the Senate, the House of
Representatives, and the Constitutional Commissions with a
majority vote of the body in accordance with their own rules of
procedure when applicable 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;

(4) The exceptions do not constitute authority to withhold information
from, or limit the availability of records to congress, or any of its
committees;

(5) The exceptions do not constitute an authority of the executive
branch of a local government unit to withhold information from its
legislative body;

(6) Whenever the information requested is part of a record, whose other
parts are covered by an exception, but may be reasonably severed
from a record, the responding official shall communicate the
information not covered by the exception to the requester; and

(7) The exceptions set forth in this section may be overcome if the
requester is able to prove before a court of competent jurisdiction
that the public interest in the disclosure of information outweighs the
public interest in keeping the information secret or confidential.

All exempted information under this Section shall be mandatorily
reviewed every three (3) years by the head of office or agency in custody
or control of the information for reclassification and possible disclosure.


1 Provided, That such information to be disclosed by an agency under the
2 executive branch shall be subject to the approval of the President.
3
4 SECTION 8. Mandatory Disclosure of Information. -
5
6 a) In fulfillment of Article Xi, Section 17 of the Constitution, the
7 following national officials shall disclose to the public their Statement
8 of Assets, Liabilities, and Net worth (SALN) on an annual basis in
9 their official website or the Official Gazette online, notwithstanding
10 the provisions of the Data Privacy Act of 2012:
1
12 1) President;
13
14 2) Vice-President;
15
16 3) Members of the Cabinet;
7
18 4) Members of Congress;
19
20 5) Justices of Supreme Court;
21
22 6) Members of Constitutional Commissions and other constitutional
23 offices;
24
25 7) Officers of the armed forces with general or flag rank.
26
27 b) All agencies of all branches of government shall upload on their
28 websites, which shall be updated monthly, a register of the following
29 public interest transactions, documents or records, including:
30
31 1) Annual Budget of Government Agencies;
32
33 2) Itemized Monthly Collections and Disbursement;
34
35 3) Summary of Income and Expenditures;
36

37 4) Component of the IRA Utilization;


5) Annual Procurement Plan and Procurement List;

6) An updated plantilla of positions and vacant positions with
qualifications/ requirements in their organizations that need to be
filled- up;

7) Items to Bid;

8) Bid Results on Civil Works, and Goods and Services;
9) Abstract of Bids as Calculated;

10) Procurement contracts entered into by a government agency;

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

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

13) Public funding extended to any private entity;
14) Bilateral or multilateral agreements and treaties in trade,

economic partnership, investments, cooperation and similar
binding commitments;

15) Licenses, permits or agreements granted by any government
agency to any person or entity for the extraction and/or utilization
of natural resources and a list of the grantees;

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


17) Loans from domestic and foreign financial institutions;

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

19) Compromise agreements entered into by a government
agency with any person or entity;

20) Scholarships and vouchers issued by relevant government
agencies; and

21) Alien Employment Permits (AEPs) and other work permits
issued to foreigners, subject to the requirements of the Data
Privacy Act of 2012.

The register shall contain a brief description of the transaction
involved including, but not limited to, 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
(Php50,000,000.00) shall be uploaded in full on the website of the
concerned government agency or the Official Gazette online. A covered
record shall be enrolled in the register not later than thirty (30) working
days from its perfection or issuance.

SECTION 9. Openness and Transparency in Government
Agencies. — Each government agency shall make available upon the
request of any citizen at no cost and in an accessible form, consistent with
the provisions of Republic Act No. 9485, or the Anti-Red Tape Act of 2007
and Republic Act No. 11032, or the Ease of Doing Business and Efficient
Government Service Delivery Act of 2018, and through their website,
timely, true, complete, accurate and updated key information including,
but not limited to:


SSemnanawna

BARR

17

Sas

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

b) A description of the frontline services it delivers and the procedure
and length of time by which they may be availed of;

c) The names of its key officials, their powers, functions and
responsibilities, and their profiles;

d) Audited financial statements, and budget and expenditure records;

e) Statements of assets, liabilities and net worth of all public officials
with Salary Grade 27 and above or heads of office;

f) Monthly income including allowances and sources of income of all
public officials with Salary Grade 27 and above and heads of office;
Provided, That names of minor children, if any, may be redacted;

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

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

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;

j) 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;

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


|) Bidding processes, deadlines and requirements;

m) Mechanisms or procedures by which the public may participate in or
otherwise influence the formulation of policy or the exercise of its
powers; and

n) Any disclaimer that shall announce true and correct information
relative to a matter of public concern that has been the subject of
untruthful or inaccurate publication in media.

All government agencies, shall over time, endeavor and build the
capacity and practice to upload in full all other contracts, agreements, or
treaties covered under this Section, in particular those that are of the
highest public interest by reason of the amounts involved and the impact
of the transaction to the public.

SECTION 10. Protection of Privacy. — While providing for access
to information in public records, this Act also affords full protection of the
tight to privacy of individuals, as follows:

a) Disclosure of public records involving personal data shall be guided
by the principle of transparency, legitimate purpose, and
proportionality;

b) Agovernment agency must ensure that personal data in its custody
or under its control is disclosed only as permitted under this Act;

c) A government agency must protect personal data in its custody or
under its control in accordance with the provisions of the Data
Privacy Act of 2012, its implementing rules and regulations, and
issuances by the National Privacy Commission; and

d) An employee, officer or official of a government agency who has
access, whether authorized or unauthorized, to personal data in the
custody of the agency, has the duty to keep the personal data
confidential except as authorized under this Act.


SECTION 11. Freedom of Information Manual. —

a) For the effective implementation of this Act, all government agencies
shall prepare a Freedom of Information Manual, within six (6)
months from the effectivity of this Act indicating the following:

1) The location and contact information of the head, regional,
provincial and field offices, and other established places where
the public can obtain government 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 acknowledgment of the request;

7) The process for the disposition of the request, including the
routing of the request to the person or office with the duty to act
on the request, the decision making process, and the grant or
denial of access and its implementation;

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

9) The schedule of fees;
10) The process and procedure for the mandatory disclosure of

information under Section 8 of this Act: Provided, That, should
the agency lack the capacity to fully comply therewith, 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 an agency that will help facilitate the effective
implementation of this Act;

The foregoing information shall also be posted in its website and
bulletin boards, and shall be regularly updated; Provied, That the absence
of the Manual as provided under this Section shall not be a reason for the
denial of any request for information made in accordance with this Act.

For the proper implementation of this Act, the heads of each of the
departments and agencies may designate liaison units or Committees
who shall coordinate with other agencies in implementing this Act. The
composition, functions and duties of these liaison units or Committees
shall be included in the FO! Manual.

SECTION 12. 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 to
make a written request for information, because of illiteracy or
disability, may make an oral request, and the public official who
receives the oral request shall reduce it in writing, and include his
name and position within the government agency, and give a copy
thereof to the requesting party. 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 such reason is contrary to law, public order or public
Policy. If the request is submitted personally, the requesting party
shall show his current identification card issued by any government


25

27
28
29
30
31
32
33

35
36
37

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 verifiable 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 requesters and particularly
those with special needs, to comply with the requirements under this
Section.

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

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 the agency has
no capability in communicating the information in the preferred
format, or such preferred means would unreasonably interfere with
the effective operation of the agency or be detrimental to the
preservation of the record.

f}

The government agency shall comply with such 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.

If the information is not held by the government agency to which the
request was made, it shall notify the requester of this fact, and indicate to
the requester 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.

SECTION 13. Access and Processing Fees. — Government
agencies may charge a reasonable fee which shall in no case exceed 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.

SECTION 14. Exemption from Compliance. — A government
agency is excused from complying with a subsequent identical or
substantially similar request from the same requesting party if both
requests will require the agency to provide the same information to the
requesting party, unless a reasonable interval has lapsed between
compliance with the previous request and the making of the current


28

request: Provided, That the government agency complies with Section 15
of this Act.

SECTION 15. 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) calendar days from the receipt of the
request, notify the person making the request of such denial in writing or
through electronic means. The notice shall clearly 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.

SECTION 16. Remedies in Cases of Denial of Request for
Information. —

a) In all government agencies other than the judicial branch:

1)Every denial of any request for access to information may be
appealed to the person or office next higher in authority of the
same agency, following the procedure mentioned in Section 11
(a)(8) of this Act: Provided, That the written appeal must be filed
by the same person making the request within fifteen (15)
calendar days from the notice of denial. The appeal shall be
decided within five (5) working days from filing of said written
appeal; otherwise, the appeal shall be deemed granted.

2)Upon denial of the appeal with the government agency, the
requesting party 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
requested information. Unless restrained or enjoined, the
decision of the court shall be immediately executory without
prejudice to review in accordance with the Rules of Court. Any
action for administrative and/or criminal liability arising from the
same act or omission, if any, shall be filed with the Office of the


Ombudsman. No damages shall be assessed against the
respondent unless it is proven that the respondent acted with
malice, bad faith or negligence. Subject to the provisions of
existing laws and the issuances of the Supreme Court, all courts
shall give preference to the hearing and disposition of petitions
for mandamus filed pursuant to the provisions of this Act. The
court hearing the case 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 such sufficiency
cannot be reasonably determined through evidence and
circumstances apart from the information.

b) In the Judicial Branch, the judiciary shall be governed by such
remedies as promulgated by the Supreme Court.

c) The remedies provided in this Section are without prejudice to any
other administrative, civil or criminal action covering the same act.

d) The remedies available under this Act shall be cumulative and
subject to the rule of exhaustion of administrative remedies.

The provisions of Republic Act No. 9285, otherwise known as the
Alternative Dispute Resolution Act of 2004, shall not apply to cases
filed pursuant to this Section.

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

SECTION 17. Keeping of Records. —

a) Government agencies shall create and/or 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. This
likewise includes information submitted by public service
contractors to the government agency concerned such as receipts,
identities of the suppliers, purchase orders, cash vouchers, related
agreements with other private entities, and other documents related
to the execution or the implementation of their transactions or
contracts with the government agency involved;

b) Government agencies 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. In addition,
the National Archives of the Philippines shall likewise identify
specific and classes of official records that it shall require agencies
to preserve and transfer to it;

c) 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:

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

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

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


d) 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) A specification of the 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 the same in print 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.

SECTION 18. Publication in the Official Gazette. — For purposes
of mandatory disclosure as provided in Section 8 of this Act, online
publication in the Official Gazette website shall be considered official
publication; Provided, That all documents published therein shall have a
valid timestamp to be considered as official publication as provided under
this Section.

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:

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

(2)All executive and administrative orders and proclamations of
general application;

(3)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;

(4)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.


SECTION 19. Capacity-Building, Promotion of Best Practices
and Continuous Updating of Appropriate Information Technology
and FOI. — All government agencies must ensure that they have a
compliant website within two (2) years from the date of effectivity of this
Act. The Department of Information and Communications Technology
(DICT) shall monitor all government agency websites and render the
appropriate support including capacity-building program and coordination
with another appropriate agency, utilizing alternative mechanism and
seeking the assistance of private relevant and willing volunteer groups to
ensure full compliance with the requirements of this Act.

In the performance of its monitoring function of government
websites and portals, the DICT shall endeavor to continuously develop,
improve and update its information technology system taking into
consideration usability and practical accessibility of government
documents by the public.

The DICT shall be responsible for setting the standards for the file
formats to be used by the political subdivisions of the State, including all
national and local government agencies including GOCCs with or without
an original charter, in the publication of government public information in
accordance with the provisions of this Act.

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

SECTION 20. Use of Plain Language. — Every government agency
shall endeavor to use plain language in their orders, compliance,
requirements or instructions issued to implement the provisions of this Act.
The government agencies shall, as far as practicable, translate key
information into the Filipino language and other major languages in the
Philippines and present them in popular form and means.


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(1)To carry out the provision of this Act, the Civil Service Commission
(CSC) is designated to issue guidelines on the use of plain language
in all government agencies to suit the needs of the requesting party;

(2)The CSC shall provide the necessary training to employees of each
government agency in using plain language in public documents;

(3)All departments, agencies and instrumentalities of the national
government, including government-owned or  -controlled
corporations, local government units and state colleges and
universities shall designate an official responsible for implementing
the plain language requirement under this Act; and

(4)Website contents including, but not limited to, financial data, notices
and other technical and legal documents, of government agencies
shall also be written in plain language to ensure relevant information
is easy to read, understand and use.

SECTION 21. Administrative Offenses and Penalties. —

a) The acts enumerated in this sub-section shall be tantamount to
grave administrative offenses and shall constitute grounds for
administrative and disciplinary sanction against any public official or
employee who willfully and knowingly commits the following:

1) Refusal to promptly forward the request under Section 12 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;

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

3) Refusal to comply with the decision of his immediate supervisor,
or of any court ordering the release of information;


4) Approval of policies, rules and regulations clearly 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;

5) Failure to upload information required to be posted on an
agency's website within the period provided under Section 19:
Provided, That the head of agency or any other officer or
employee tasked to perform said uploading shall be held liable.

b) For the avoidance of doubt, the preceding subsection shall not bar
the filing of appropriate administrative cases, other than the grave
offenses enumerated above.

SECTION 22. Criminal Offenses and Penalties. - The penalty of
imprisonment of not less than one (1) month but not more than six (6)
months and a fine ranging from Ten Thousand Pesos (Php10,000.00) to
One Hundred Thousand Pesos (Php100,000.00) shall be imposed upon:

a) Any public official or employee who falsely denies or conceals the
existence of information that is a proper subject for disclosure under
this Act.

b) Any public officer or employee responsible for officially acting on the
request, who shall claim an exception under Section 7 of this Act, or
under the Constitution, when such claim is manifestly devoid of
factual basis.

c) Any individual who divulged or released information covered under
Section 7 of this Act.

d) Any public officer or employee who divulged or released information
that is altered, tampered or modified to the extent that the released
information materially differs from the original contents of the
document: Provided, That altering or modifying a document for the
purpose of severing an exempt information from non-exempt
information in a single document shall not be punishable under this
subsection.


e) The responsible officers of the public service contractor and the
signatories to the contract or any document evidencing transaction
with the government or government agency who fail to submit the
necessary documents/papers.

Any individual who knowingly directed, 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.

If the violation committed in this Act is induced and assisted by a
private individual or a corporation, partnership or any kind of judicial entity,
the penalty provided herein shall be imposed on its executive officer
and/or other officials responsible therefor: Provided, That they shall suffer,
in addition to the penalties provided herein, the automatic revocation of
their license to operate.

Any public official or employee who willfully destroys, or causes to
be destroyed, or sells, information and/or documents being requested
under this Act, for the purpose of frustrating the requesting party's access
thereto shall suffer a fine of not less than Five Hundred Thousand Pesos
(Php500,000.00) but not more than One Million Pesos (Php1,000,000.00)
or a penalty of five (5) years but not more than fifteen (15) years, or both,
at the discretion of the Court.

SECTION 23. Denial in Good Faith Not a Ground for Liability. —
A denial in good faith of a request made pursuant to the provisions of this
Act shall not constitute grounds for administrative, civil or criminal liability.
In case of denial of the request, the public official, officer or employee
involved must prove that he/she acted in good faith by specifying the
ground/s relied upon for the denial.

SECTION 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 the right to information under Article III, Section 7 of
the Constitution.


SECTION 25. Integration of Freedom of Information (FO!) and
Good Governance in the Curriculum. — To ensure a well-informed
generation of citizens, the right to information, the principles of
accountability and transparency, democracy and leadership, and good
governance shall be integrated in subjects, such as Heyograpiya,
Kasaysayan at Sibika (HEKASI) and Araling Panlipunan in the elementary
level and in subjects such as Social Studies and Makabayan or its
equivalent subjects in the high school level.

The Technical Education and Skills Development Authority
(TESDA) and the Commission on Higher Education (CHED) shall likewise
integrate lessons on the right to information, the principles of
accountability and transparency, democracy and leadership, and good
governance in their training modules or curriculum.

The Department of Education, TESDA and CHED, 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.

SECTION 26. Reports on FOI. - All government agencies shall be
required to submit annual reports on the number of requests for
information received and processed, of appeals made from the denial
thereof, and such other information as provided in this Act. The said report
may be integrated in the agencies’ main Annual Reports; Provided, That
the posting and publication of this information in the respective websites
of the concerned agencies shall be considered sufficient compliance.

SECTION 27. System of Incentives and Rewards. — A system of
special incentives and rewards is hereby established to be given to
appropriate government agency or agencies that initiated and displayed
compliance and full participation in the meaningful and effective
implementation of this Act. The incentives and rewards may include, but
shall not be limited to, social projects, grants-in-aid, national recognition,
and similar entitlements.


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SECTION 28. Appropriations. - The amount necessary to carry
out the provisions of this Act shall be charged against the agencies’
current budget and shall thereafter be included in the annual General
Appropriations Act.

SECTION 29. Separability Clause. — If any section or part of this
Act is held unconstitutional or invalid, the other sections or provisions not
otherwise affected shall remain in full force and effect.

SECTION 30. 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, 24 and 25 of
Executive Order No. 292 in relation to Article 2 of Republic Act No. 386,
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 accordingly: 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) whichever comes first.

SECTION 31. Effectivity. - This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or in at least two (2)
national newspapers of general circulation.

Approved,