EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
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SENATE
•19 
JUL 18 P I 22
S. B. NO. B06
Introduced by SENATOR JOEL 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
EXPLANATORY NOTE
The 1987 Constitution expressly guarantees the right of every Filipino 
to information on matters of public concern:
"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."
Jurisprudence has also clarified that the Constitutional provisions on 
the right to information are self-executing {Legaspi vs. Civil Service 
Commission, G.R. No. 72119, May 29, 1987).
Despite the Constitutional guarantee and the judicial affirmation of the 
right to information and full public disclosure, however, denial of access to 
information held by the government remains prevalent. Thus, there is a need 
to enact a law which seeks to strengthen the people’s right to information on 
matters of public concern.
In view of this, this bill seeks to put in place a uniform, speedy and 
effective means of enforcing the right to information on matters of public 
concern. 
This bill also encourages proactive disclosure and obliges


government authorities to publish or make accessible certain information to 
the public even without prior requests. For example, this bill requires the 
mandatory disclosure of Statement of Assets, Liabilities, and Net worth 
(SALN) of certain national officials. In addition, this bill mandates that 
contracts involving an amount of at least Php50 Million shall be uploaded 
online and in full.
On the other hand, the bill also provides for limited and strictly 
construed exceptions to the right to information, such as matters of national 
security, trade secrets, and presidential privilege. It also guarantees the right 
to privacy of Filipino citizens and ensure that the disclosure of personal data 
under the custody of the State shall be done in accordance with the provisions 
of Republic Act No. 10173 or the Data Privacy Act of 2012. For that reason, 
information that could endanger the life of an individual or constitute a 
violation of a person’s right to privacy is part of the seventeen (17) exceptions 
under this measure.
This proposal covers the whole of government, including government- 
owned and controlled corporations (GOCCs). It requires each government 
agency to produce a Freedom of Information Manual to guide and assist the 
public in the processes and procedures involved in requests for information. 
Flowever, the absence of an FOI manual cannot be used as an excuse to 
deny the request for information on matters of public concern.
More importantly, this bill requires the concerned government agency 
to provide the requested information within 15 calendar days. The grounds for 
denial, together with the available remedies for appeal, shall also be 
communicated to the requesting party within 15 days. Furthermore, this bill 
mandates the use of plain language in official communication to make it easy 
to comprehend by the requester or intended audience.
This measure also institutionalizes penalties for non-compliance or for 
violation of the FOI law to truly uphold the people’s right to information. 
Hence, this measure provides for criminal and not just administrative 
liabilities.
Among the acts penalized include falsely denying or concealing the 
existence of information that is a proper subject for disclosure; falsely claiming 
an exception under the FOI Law or the Constitution; and divulging or releasing 
information under covered exceptions and information that is altered, 
tampered or modified from the original contents of the document.
Finally, the measure creates a system of incentives and rewards to 
boost compliance of government agencies. The funds necessary to effectively 
implement this measure shall be included in the General Appropriations Act.
The right to information on matters of public concern is an integral part 
of the fundamental right of freedom of expression, as recognized by 
Resolution 59 of the UN General Assembly adopted in 1946, as well as by 
Article 19 of the Universal Declaration of Human Rights (1948).


At present, more than 90 national FOI laws have been adopted across 
the world. In the Philippines, the proposed measure has been languishing in 
Congress for the past 15 years.
Access to accurate information which the government holds will 
encourage public participation in making important decisions, policies and 
laws. Furthermore, a free flow of accurate and reliable information held by the 
government enhances economic performance. The availability of information 
on official rules, policies, programs, and resource allocation enables the 
private sector to make sound long-term economic decisions.
Flonest disclosure of policy can facilitate doing business in the country, 
boost private sector investments, and generate more jobs for Filipinos. For 
example, a mechanism for better data and information management which is 
publicly accessible will benefit employers and investors who want to set-up a 
business in the country to efficiently locate the availability of skilled workers by 
type of skills, sector, and geographical location.
Indeed, freedom of access to information on matters of public interest 
advances not only democratic ideals but also economic efficiency and 
competitiveness.
The immediate passage of this bill is earnestly sought.
SENATOR iO E L VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
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SENATE 
S. B. NO. B06
'19 
JUL 18 PI :23
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Introduced by SENATOR JOEL 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:
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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 limitation provided by the 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.
SEC. 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


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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 to 
be 
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.
(g) “Personal data" refers to all types of personal information.


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(h) “Privileged information” refers to any and all forms of data, which, under 
the Rules of Court and other pertinent laws constitute privileged 
communication.
SEC. 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 mandated bodies, local governments and all 
their agencies, regulatory agencies, chartered institutions, government-owned 
or -controlled 
corporations 
(GOCCs), 
including 
government financial 
institutions (GFIs), 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).
SEC. 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.
SEC. 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.
SEC. 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 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


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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.
(c) 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 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 risk 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


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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;
(i) 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;
(l) 
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;


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(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;
(o) 
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;


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(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. Provided, That 
such information to be disclosed by an agency under the executive branch 
shall be subject to the approval of the President.
SEC. 8. Mandatory Disclosure of Information. -
(a) In fulfillment of Article XI, Section 17 of the Constitution, the following 
national officials shall disclose to the public their Statement of Assets, 
Liabilities, and Net worth (SALN) on an annual basis in their official website or 
the Official Gazette online, notwithstanding the provisions of the Data Privacy 
Act of 2012:
(1) 
President;
(2) 
Vice-President;
(3) 
Members of the Cabinet;
(4) 
Members of Congress;
(5) 
Justices of Supreme Court;
(6) 
Members of Constitutional Commissions and other constitutional 
offices;
(7) 
Officers of the armed forces with general or flag rank.
(b) 
All agencies of all branches of government shall upload on their 
websites, which shall be updated monthly, a register of the following public 
interest transactions, documents or records, including;
(1) 
Annual Budget of Government Agencies;


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(2) 
Itemized Monthly Collections and Disbursement;
Summary of Income and Expenditures;
Component of the IRA Utilization;
Annual Procurement Plan and Procurement List;
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;
Construction or concession agreements or contracts entered into by 
a government agency with any domestic or foreign person or entity;
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;
partnership, 
investments, 
cooperation 
and 
similar 
binding 
commitments;
agency to any person or entity for the extraction and/or utilization of 
natural resources and a list of the grantees;
owned or controlled corporations and to private corporations, 
persons or entities;
(17) 
Loans from domestic and foreign financial institutions;
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programs entered into by a government agency with official bilateral 
or multilateral agencies, as well as with private aid agencies or 
institutions;


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(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.
SEC. 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:
(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;
(4) Audited financial statements, and budget and expenditure records;
(5) Statements of assets, liabilities and net worth of all public officials 
with Salary Grade 27 and above or heads of office;
(6) 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;
(7) Work programs, development plans, investment plans, projects, 
performance 
targets 
and 
accomplishments, 
and 
budgets, 
revenue allotments and expenditures;


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(8) 
Important rules and regulations, orders or decisions: Provided, That 
they be published within fifteen (15) calendar days from promulgation;
(9) 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;
(10) 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;
(11) Current and important database and statistics that it generates;
(12) Bidding processes, deadlines and requirements;
(13) Mechanisms or procedures by which the public may participate in or 
otherwise influence the formulation of policy or the exercise of its 
powers; and
(14) 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 overtime, 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.
SEC. 10. 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) Disclosure of public records involving personal data shall be guided by the 
principle of transparency, legitimate purpose, and proportionality;
(b) A government 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
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agency, has the duty to keep the personal data confidential except as 
authorized under this Act.
SEC. 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;
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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.
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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 FOI Manual.
SEC. 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 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
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means are reasonable, taking into consideration equipment normally available 
to the concerned government agency.
(c) 
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.
SEC. 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.
SEC. 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 request; Provided, That the government agency 
complies with Section 15 of this Act.
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SEC. 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.
SEC. 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.
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(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.
SEC. 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 include 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.
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(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.
SEC. 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:
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(a) All legislative acts and resolutions of a public nature of the Congress of the 
Philippines;
(b) All executive and administrative orders and proclamations of general 
application;
(c) Decisions or abstracts of decisions of the Supreme Court and the Court of 
Appeals or other courts of similar rank, as may be deemed by said courts of 
sufficient importance to be so published;
(d) Such documents or classes of documents as the President shall determine 
from time to time to have general application or which he may authorize to be 
published. However, other documents or classes of documents as may be 
required to be published by law, such as petitions and/or legal notices in 
connection with land titles, naturalization or special proceedings shall continue 
to be published in the print version of the Official Gazette or in any newspaper 
of general circulation for purposes of compliance with the publication 
requirement.
SEC. 
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.
SEC. 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
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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.
(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.
SEC. 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.
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(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.
SEC. 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.
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SEC. 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.
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 the right to information under Article III, Section 7 of the Constitution.
SEC. 25. Integration of Freedom of Information (FOI) 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.
SEC. 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.
SEC. 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.
SEC. 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.
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SEC. 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.
SEC. 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.
SEC. 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,
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