Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _837

Introduced by Representative Gabriel H. Bordado, Jr.

EXPLANATORY NOTES

Good governance is always anchored on transparency and accountability. As
the principal authors of this bill- Representative Henendina Abad and former
Representative (and now Vice President) Maria Leonor G. Robredo- articulated in
their explanatory note when they first filed it in the 16t* Congress, “it will empower
our citizenry and it is in their empowerment that governance towards a progressive
society can be achieved.”

They averred that the Filipinos should trust their government by being transparent
in its dealings, particularly in fiscal transactions and policy formulation. It must also
be ready, at all times, to provide them with accurate, timely, and relevant

information to enable them to make intelligent decisions on issues confronting the
nation.

For decades, the Filipino people have been waiting for the passage of the
Freedom of Information Bill. They will certainly appreciate the immediate passage of
this bill in the 18 Congress.

(

Gabriel H/ Bordado, Jr.
Representative, Third District of Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._ 837
Introduced by Representative Gabriel H. Bordado, Jr.

“ AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS
TO INFORMATION HELD BY THE GOVERNMENT”

Be it enacted by the Senate and House of Representatives ofthe Philippines in Congress assembled:
‘SECTION 1. Short Title. - This Act shall be known as the “People’s Freedom of Information Act.”

SEC. 2. Declaration of Policy. - The State recognizes the right of people to information on matters of
Public concer, and adopts and implements a policy of full public disclosure of all its transactions involving
public interest, subject to the procedures and limitations provided by this Act. This right is indispensable to
the exercise of the right of the people and their organizations to effective and reasonable participation at all
levels of social, political and economic decision-making.

SEC. 3. Coverage. - This Act shall cover all government agencies, to refer to the executive, legislative, and
judicial branches as well as the constitutional bodies of the Republic of the Philippines, including the
national government and all ts agencies, departments, bureaus, offices and instrumentaities, constitutional
commissions and constitutionally mandated bodies, local governments and all their agencies, regulatory
agencies, chartered institutions, government-owned or controlled corporation, including wholly-owned or
controlled subsidiaries, government financial institutions, state universities and colleges, the Armed Forces
of the Philippines, The Philippine National Police, all offices in the Congress of the Philippines including the
offices of the Senators and Representatives, the Supreme Court and all lower courts established by law.

‘SEC. 4. Definition of Terms. - As used in this Act:

a) Dataset refers to an organized collection of data in a varity of forms, including tabular,
geospatial, or image data files.

b) Information refers to data that have been processed into record, document, paper, report,
letter, contract, minutes and transcripts of official meetings, maps, books, photographs,
data, research materials, in whatever form, or film, audio and video recordings, magnetic
or other tapes, electronic data, in whatever format, which are made, received or kept in or
under the control and custody of any government agency pursuant to law, executive order,
rules and regulations, ordinance, or in connection with the performance or transaction of
official business by any government agency.


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

d)

Official record refers to information produced or received by public officer or employee, or
by agovenment agency in an official capacity or pursuant to a public function or duty. This
shill refer to the stage or status of the information.

) Open format refers to one that is platform independent, machine readable, and made
available to the public without restrictions that would impede the re-use of that
information.

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

SEC. 5. Access to Information. - Every person who is a Filipino citizen has the right to and shall, on
request, be given access to any record under the control of a government agency. Government agencies
and public officials shall have the duty to disclose and make available for scrutiny, copying, and
reproduction in the manner provided by this Act, all information pertaining to official acts, transactions, or
decisions as well as government research data used as a basis for policy development, subject to the
exceptions enumerated under Section 7 of this Act, regardless oftheir physical form or format in which they
are contained and by whom they were made.

Nothing herein contained shall allow private acts, transactions or records of public officials and private
individuals to be the subject of mandatory disclosure under this Act: Provided, however, that income tax
returns, and statement of assets, liabilities and networth (SALN) of public officials shall be released subject
to existing laws, rules and regulations: Provided further, that the limitations and prohibitions to make
available to the public the SALN shall not apply when, upon order of the Sandiganbayan, it has been
established that there is probable cause related to the commission of an offense.

SEC. 6. Presumption. - There shall be a legal presumption in favor of access to information. The request
for information may be denied only if itis clearly falls under the exceptions provided under this Act.
Accordingly, government agencies shall have the burden of proving that the information requested is
‘exempted from disclosure.

SEC. 7. Exceptions. - Access to information shall be granted unless:

a) The information is specifically authorized to be kept secret under guidelines established by
an executive order, and properly classified pursuant thereto: Provided, that 1) The
information directly relates to national security or defense and its revelation may cause
grave damage to the national security or intemal 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 jeopardise the diplomatic relations
of the Philippines with one or more States. Provided further, that the executive order shall
specify the reasonable period after which the information shall be automatically
declassified or be subject to mandatory declassification review, and that any reasonable
doubt as to classification and declassification shall be settled in favor of the right to
information.


b) The information consists of records of minutes and advice given and opinions expressed
during decision-making or policy formulation, invoked by the Chief Executive to be
privileged by reason of the impairment of the Chief Executive's deliberation process that
would result from the disclosure thereof. Once policy has been formulated and decisions
made, minutes and research data may be made available for disclosure unless they were
made in executive session.

c) The information requested pertains to internal and/or external defense, law enforcement,

and border control, when the disclosure thereof would:

(i) unduly compromise or interfere with any legitimate military or law enforcement
‘operation; or

(i) unduly compromise or interfere with the prevention, detection or suppression of
criminal activity, the effective implementation of immigration controls and border
security; or

(ii) deprive a person of a right to fair trial or an impartial adjudication; or

(iv) lead to the disclosure of the identity of a confidential source, including a
government, or foreign agency or authority or any private institution which furnished
information on a confidential basis, and, in the case of a record or information
‘compiled by law enforcement authority, in the course of an investigation or by an
agency conducting a lawful national security intelligence investigation, information
furnished by a confidential source; or

(v) disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to risk circumvention
of the law; or

(vi) endanger the life or physical safety of any individual;

d) The information requested consists of drafts of the following: orders, resolutions, decisions,

memoranda or audit reports by any executive, administrative, regulatory, constitutional,
judicial or quasi-judicial body in the exercise of their adjudicatory and/or audit function;

e)

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

) The information requested pertains to personal information of a natural person, whether
from the public or the private sector, and its disclosure would constitute an unwarranted
invasion of personal privacy. This may include signatures, addresses, telephone numbers,
identification numbers, names of family members, race or ethnic, religion, health,
education, sexual orientation, and similar information, unless such information is
specifically required by law to be entered into an official record and made available to the
public, or the person has consented in writing to the disclosure of the information. To the
extent required to prevent an unwarranted invasion of personal privacy, an agency may
redact such information from a record made available to the public. However, the
justification for the deletion shall be explained fully in writing, and the extent of such
deletion shall be indicated on the portion of the record which is made available or
published;

g) The information requested pertains to trade secrets and commercial or financial
information or intellectual property obtained from a natural or juridical person other than
the requesting party, whenever the revelation thereof would seriously prejudice the interest
of such natural or juridical person in trade, industrial, financial or commercial competition;


1h) The information is classified as privileged communications in the legal proceedings by law
or by the Rules of Cour, unless the person entitled tothe privilege has waived it;

i) the information requested is exempted by law or the Constitution, in addition to those
provided in this section;

j) When prematurely disclosed, the information, would, in the case of a government agency
that regulates or deals with the commodities markets, currencies, interest rates, securities,
or financial institutions, likely lead to fraud, manipulation, or other unlawful acts or schemes
involving currencies, interest rates, securities, or, in the case other government agencies,
likely frustrates the effective implementation of a proposed official action: Provided, That
the information shall be accessible once and the anticipated danger has ceased,

k) The information has already been made accessible as provided for in Section 12.

For paragraphs (c) to (k) of this section, the determination whether any of these grounds shall apply be the
responsibilty ofthe head of office of the government agency in the custody or control of the information, or
any responsible central or field officers duly designated by him.

SEC. 8. Qualifications to the Exceptions.

a) The exceptions in the preceding section shall be strictly construed;

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

c) Whenever the information covered by an exception may be reasonably severed from a
record, the record shall be released with the exempt information redacted, or the

information not covered by the exception shall otherwise be communicated to the
requesting party;

qd)

The President, the Supreme Court, the Senate, the House of Representatives, and the
Constitutional Commissions may waive an exception with respect to information in the
custody of offices under their respective supervision or control, when they deem that there
is an overriding public interest in disclosure; and

) The exceptions do not constitute authority to withhold information from Congress, nor
authority for the executive branch of a local government unit to withhold information from
the legislative body of such local government unit.

SEC. 9. Mandatory Disclosure of Information. - (a) In fulfilment of Article XI, Section 17 of the
Constitution and subject to Section 5 and Section 7 (f) of this Act, the website oftheir respective offices shall
provide to the public, the Statement of Assets, Liabilities, and Net worth (SALN) on an annual basis of the
following national officials:

1. The President;
2. The Vice-President

3. The Members of the Cabinet;


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(b) All agencies of all branches of government shall publish in their website and update on a monthly basis,

‘The Members of the Senate and the House of representatives;
The Justices of the Supreme Court;
The Commissioners of the Constitutional Commissions and other constitutional offices; and

The officers of the Armed Forces with rank of general or equivalent flag rank.

a register containing the following information:

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Freedom of Information Manual (FIM) in full;

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;

Substantive rules of general applicability adopted as authorized by law, and statements of
general policy or interpretations of general applicability formulated and adopted by agency,
including subsequent amendments;

Public interest documents or records, including:

‘Annual Budget Government Agencies;

Itemized Monthly Collection and Disbursement;

Summary of Income and Expenditures;

Component of the Internal Revenue Allotment (IRA) Utilization;

Annual Procurement Plan and Procurement List;

Items for Bidding;

Bid Results on Civil Works, and Goods and Services;

Abstract of Bids as Calculated;

Procurement contracts entered into by a government agency;

Construction or Concession Agreements or contract entered into by a government
agency with any domestic or foreign person or entity;

Private sector participation agreements or contracts infrastructure and development
projects under Republic Act 7718;

Public funding extended to any private entity;

Bilateral or multilateral agreements and treatises in trade, economic partnership,
investments, cooperation and similar binding commitments;


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xiv. List of persons or entities who were granted licenses, permits or agreements for the
extraction andior utlization of natural resources given by any government agency;

xv. Statement of Assets and Liabilties of the public officer of the government agency;
and

xvi. Guarantees given by any government agency to government-owned or controlled
corporations and to private corporations or entities.

The register shall contain a brief description 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 Milion Pesos (Php50,000,000.00) shall be published in full in the
website of the concerned government agency or the Official Gazette Online, subject to the succeeding
section. A covered record shall be published in the website not later than thirty (30) working days from its
perfection or issuance.

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

(d) Should an agency lack the capacity to comply with the website publication requirement of this section,
the agency shall initiate a capacity-building program, coordinate with another appropriate agency, or use an
altemative mechanism, to facitate substantive compliance not later than three (3) years from the effectivity
of this Act.

SEC. 10. Promotion of Openness in Government. — (a) Duty to Publish Information- In conjunction with
Republic Act 9485, or the Anti-Red Tape Act of 2007, government agencies shall regularly publish, print and
disseminate at no cost to the public, in an accessible form, and through their website, timely, true, accurate
and updated key information, including:

1. A description of its mandate, structure, powers, functions, duties and decision-making
Processes;

2. A description ofthe frontiine services it delivers and the procedure and the length of time
by which they may be availed of;

3. The names ofits key officials, their powers, functions and responsibilities, and their profiles
and curriculum vitae;

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

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

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

7. Current and important database and statistics that it generates;


8. Bidding processes and requirements; and

9, Mechanism or procedures by which the public may participate in or otherwise influence the
formulation of policy or the exercise of its powers.

(b) Accessibility of Language and Form - Every government agency shall endeavour to translate key
information into major Filipino language and present them in popular form and means.

SEC. 11. Capacity-Building, Promotion of Best Practices, and Continuous Updating of Appropriate
Use of Information Technology. - All government agencies shall establish, operate, and maintain a
website with features that are compliant with all the provisions of this Act, within two (2) years from
effectivity ofthis Act.

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

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

SEC. 12, Exemption from Compliance. - The government agency shall be excused from complying with a
subsequent identical or substantially similar request from the same requesting party where it has previously
complied with a request for information unless @ reasonable interval has lapsed between compliance with
the previous request and the making of current request: Provided, that the goverment agency, in denying
the request, complies with section 20 ofthis Act.

SEC. 13. Additional Protection of Privacy. - While providing for access to information in public records,
this Act also affords full protection of the right to privacy of individuals, as follows:

a) A government agency must ensure that personal information in its custody or under its
control is disclosed only as permitted under this Act;

b) A government agency must protect personal information in its custody or under its control
by making reasonable security arrangements against such risks as authorized access,
collection, use, disclosure, or disposal;

°)

An employee, officer or director of a government agency who has access, whether
authorized o authorized, to personal information in the custody of the agency, must not
disclose that information except as authorized under this Act.

SEC. 14, Administrative Liability, - It shall be tantamount to gross neglect of duty and shall as a ground
for administrative and disciplinary sanction against any public official or employee who wilfully and
knowingly commits the following acts:

a) Refusal to promptly forward the request under Section 18 of this Act to the public officer
within the same office or agency responsible for officially acting on the request when such


isa direct cause of the failure to disclose the information within the periods required by this
Act;

b)

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

Q)

Claim an exception under Section 7 of this Act when the claim is manifestly devoid of
factual or legal basis;

d)

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

°)

‘Approval of policies, rules and regulations manifestly contrary to the provisions of this Act,
and which policies, rules and regulations are direct cause of the denial of a request for
information.

SEC. 15. Criminal Liability. - (a) The following acts shall be subject to the penalty of imprisonment of not
less than one (1) month but not more than six (6) months, with the accessory penalty of dismissal from
service:

1. Falsely denying or concealing the existence of information mandated for disclosure under
this Act; and

2. Destroying, or causing to be destroyed, information andlor documents being requested
under this Act, for the purpose of frustrating the requesting party's access thereto.

(b) Any private individual who knowingly induces or cause the commission of the foregoing act shall be
liable as principal by inducement in the prosecution of public officials or employees under this section.

(c) The acts under paragraph (a) ofthis Section, if proven in an administrative proceeding shall be subject to
the penalty of dismissal, even ifno criminal prosecution is instituted against the person found lable.

‘SEC. 16. Denial In Good Faith Not a Ground for Liability. - A denial in good faith of a request for access
to information made pursuant to the provisions of this Act shall not constitute grounds for administrative or
criminal liability.

SEC. 17. Freedom of information Manual. - (a) For the effective implementation of this Act, all
government agencies shall prepare a Freedom of Information Manual, setting forth the following
1. The location and contact information of the head, regional, provincial and field offices of
the agency, and other established places where the public can obtain information or
‘submit requests;
2. The type of information it generates, produces and/or publishes;
3. Adescription of its record-keeping system;

4, The person or office responsible for receiving requests for information;


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5. The procedure for the fling of requests personally, by mail, or through identified electronic
means;

6. The standard forms for the submission of request and for the proper acknowledgement of
the request;

7. The process for the disposition ofthe request, including the routing of the request to the
person or office with the duty fo act on the request and the decision-making process for the
approval or denial ofthe request;

8. The procedure for the administrative appeal of any denial for access to information;
9. The schedule of service or processing fees pertinent to a request for information;

10. The process and procedure for the mandatory disclosure of information under Section 9 of
this Act: Provided, that, should the agency lack the capacity to comply with Section 9 of
this Act, a brief description of its plan to facilitate compliance within three (3) years from
approval of this Act: and

. Such other information, taking into consideration the unique characteristics of the agency,
that will help facilitate the effective implementation of this Act.

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(b) The Freedom of Information Manual shall also be posted in the agency website and the hard copy shall
be available at the agency reception area by the public;

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

(¢) The heads of each of the departments and agencies may designate liaison units or committees which
shall coordinate with the other units of the agency in implementing this Act. The composition, functions, and
duties of these liaison units or committees shall be included in the Manual.

SEC. 18. Procedure of Access. - (a) Any person who wishes to obtain information shall submit, free of
charge, a request to the government agency concerned personally, by mail, or through electronic means. A
person who is unable, because of ilteracy or disability, to make a written request for information may make
an oral request instead. The public officer who receives the oral request shall reduce it to writing, indicating
therein one’s name and position within the government agency, and give a copy thereof to the person who
made the request. The request shall state the name and preferred contact information of the requesting
party, and reasonably describe the information required, the reason for the request of information and the
preferred means by which the government agency shall communicate such information to the requesting
party: Provided, that the stated reason shall not be used as a ground to deny the request or to refuse the
acceptance of the request, unless the request is contrary to law. If the request is submitted personally, the
requesting party shall show a current identification document issued by any government agency, or
government or private employer or school, or a community tax certificate. If the request is submitted by mail
r through electronic means, the requesting party may submit a photostatic or electronically scanned copy
of the identification, or other convenient means as determined by the agency.

(b) The public official receiving the request shall provide reasonable assistance, free of charge, to enable all
requesting parties and particularly those with special needs, to comply with the requirements under this
Section.


(0) The request shall be duly received by the concerned government agency, which shall forthwith indicate
the date and time of receipt and the name, rank, title and position of the receiving public officer or employee
who shall likewise affix one’s signature thereon, and shall furnish the requesting party a copy thereof. In
case the request is submitted by electronic means, the government agency shall provide for an equivalent
means by which the requirements of this paragraph shall be met. Each government agency shall establish a
system by which the status of all request for information received by it may be verified at anytime.

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

(The government agency shall comply with the request as soon as practicable and, in any case, within
fifleen (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 satelite offices, examination of voluminous
records, the occurrence of fortuitous events or other analogous cases.

(g) The government agency shall, in writing or through electronic means, notify the person making the
request of the extension, setting forth the reasons for such extension and the date when the information
shall be made available, which in no case shall result in an extension of more than twenty (20) working
days.

(h) Once a decision is made to grant the request, the person making the request shall be notified of such
and shall pay the required access and processing fees.

(i) If the information is not held by the government agency from which the request was made, it shall notify
the requesting party that it does not hold the information and indicate which agency holds the record, if
known. Whenever practicable, the agency receiving the request may also cause the transfer of the request
to the appropriate agency that holds the information: Provided, that the period to comply with the request
Under this Section shall begin to run only upon receipt of the agency to which the request is transferred.

SEC. 19. Access and Processing Fees. - Government agencies may charge a reasonable fee to
reimburse the actual cost of production, 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 itis pursuant to a program for a proactive disclosure.

SEC. 20. Notice of Denial. - If the government agency decided to deny the request, in whole or in part, i
shall, as soon as practicable, and in any case within fiteen (15) working days from the receipt of the
request, notiy the person making the request of such denial in writing or through electronic means. The
notice shall indicate the name, rank, tite or position of the person making the denial, clearly set forth the
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 denial, or of the extension,
shall be deemed a denial ofthe request for access to information.


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SEC. 21. Remedies in Cases of Denial. - (a) In all government agencies other than the judicial branch-

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

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

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

In resolving a complaint or petition brought under paragraphs (2) and (30) hereof, the Ombudsman or the
Court is empowered to receive the information subject of a claim of exception under Section 7 herein, and to
examine them in camera to determine the sufficiency of factual and legal basis of such claim, when the
sufficiency cannot be reasonably determined through evidence and circumstances apart from the
information

(b) In the Judicial Branch - The Judiciary shall be governed by remedies as promulgated by the Supreme
Court

The remedies under this section shall be sought or granted without prejudice to any other administrative,
civil or criminal action covering the same at.

The remedies available under this Act shall be exempt from the rules on non-exhaustion of administrative
remedies and the application of the provisions of Republic Act 9285, otherwise known as the Alternative
Dispute Resolution Act of 2004.

In case the requesting party has limited or no financial capacity, the Public Attomey's Office is mandated to
provide legal assistance to the requesting party in availing ofthe remedies provided under this Act.

SEC. 22. Keeping of Records. - (a) Government agencies shall create and maintain in appropriate
formats, accurate and reasonably complete documentation or records of their organization, policies,
transactions, decisions, resolutions, enactments, actions, procedures, operations, activities,
communications and documents received or filed with them and the data generated or collected. These
shall include working files such as drafts or notes, whenever these have been circulated within the agency
for official purpose such as for discussion, comment or approval or when these contain unique information
that can substantially contribute to a proper understanding of the agency organization, policies, transaction,
decisions, resolutions, actions, procedures, operations, and activities;


(b) Government agencies, in coordination with the National Archives ofthe Philippines, shall identify specific
and classes of official records in their custody or control that have continuing historical, administrative,
informational, legal evidentiary, or research value, for preservation by such agencies of their legitimate
successors, oF for proper documentation if and when the records are transferred to the National Archives of
the Philippines.

(c) In addition to the specific and classes of official records identified for preservation under letter (b) ofthis
section, the following shall not be destroyed;

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

2. Records of goverment contracts involving amounts Fifty Million Pesos
(Php50,000,000.00) or more, or related to infrastructure, public and private partnerships,
Utlities, or other important projects;

3. The original Declaration under oath of the assets, liabilities and net worth of public officers
and employees submitted to the Office of the Ombudsman, as required by law; and

4, Records of oficial investigations pertaining to allegations of graft an corruption of public
officers.

(4) Government agencies shall prepare, according to the standards set in and within the period mandated
by Republic Act 9470 or the National Archives of the Philippines Act of 2007, a rcord management program
that includes the following:

1. Arrecord 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 record 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 ofthe National Archives of the Philippines; and

3. Identification of the specific roles and responsibilties of agency personnel in the
implementation of such system and schedule.

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

1. All laws of the Philippines and their amendments, from the episode of the Philippine
‘Commission to the present;

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

3. A database of all appointments and designations made by the President of the
Philippines; and


4. Opinions rendered by the Secretary of Justice.

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

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

a)

Al important legislative acts and resolutions of a public nature of the Congress of the
Philippines;

b)

Al executive and administrative orders and proclamations of general application;

°)

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 andlor legal notices in connection with land tiles, naturalization or special proceedings shall
Continue to be published in the print version of the Official Gazette or in any newspaper of general
circulation for purposes of compliance with the publication requirement.

‘SEC. 24. Act Not a Bar to Claim of Right to Information Under the Constitution. - No provision of this
Act shall be interpreted as a bar to any claim of denial of the right to information under Article Ill, Section 7
of the 1987 Constitution.

SEC. 25. Publication of Government Data in Open Data Philippines Website. - For purposes of
enhancing the public's access to government information and abiding by the Philippines’ international
Commitments to transparency and government openness, all government agencies shall publish in Open
Data Philippines website, datasets generates in the implementation of agency mandates, programs,
actives, and projects. These datasets shall be updated, whenever permissible, at least once in every
quarter of every year.

The Open Data website shall be maintained and administered by an Open Data Task Force under the
Office of the President, or any such similar body designated by the President for this purpose.

For the purpose of making government data more accessible to the public, all datasets published on the
Open Data Philippines website and on LGU websites as mandated in Section 9 of this Act shall be,
whenever practicable, of a machine-readable and open format.

SEC. 26. Tracking Requests for Information. - Website of government agencies shall contain a matrix of
requests made, their status and the decision regarding the request. The matrix shall also contain links to
uploaded information from approved requests: In such cases where requests are denied, the matrix shall
contain the reasons for denial and the status of appeal if such is done.


eyausene

Soe
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15
16
7
18
19
20
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23
24
25
26
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28
29

31
32
33

35
36
37

39

SEC. 27, Release to One, Release to All. - For purposes of streamlining requests for information, once
information has been made available to an individual through a request for information, the said dataset
shall also be published in an appropriate website, Department website, or Local Government website thus
allowing the public access to all information that has been requested

SEC. 28. Integration of Freedom of Information (FOI) and Good Governance In Elementary and
Secondary Curriculum. - To ensure well informed generations of citizens, the right to information, the
principles of accountability and transparency, democracy and leadership, and good governance shall be
integrated in such subjects as Heyograpiya, Kasaysayan at Sibika (HEKASI) and Araling Panlipunan in the
elementary level and in such subjects as Social Studies and Makabayan or its equivalent subject in high
school level. The Department of Education , in coordination with the Civil Service Commission and other
relevant offices, shall prepare the necessary modules and teaching programs consistent with the objectives
ofthis Act.

SEC. 29. Annual Reports on Action Taken on Request for Access to Information. - All government
agencies shall prepare, for each fiscal year, a report on the number of requests for information they
received, processed, granted and denied; of appeals made from details of such requests; and of pending
court actions they are a party to as result of such requests. These reports may be integrated in the main
annual reports of government agencies and may be posted and published in their respective websites.

SEC. 30. Appropriations. - The amount to carry out the provisions of this Act shall be charged against
those authorized in the current and subsequent General Appropriations Acts

SEC. 31. Separability Clause. - If any provision of this Act is declared unconstitutional, the remainder of
this Act or any provisions not affected thereby shall remain in full force and effect.

SEC. 32, Repealing Clause. — All laws, decrees, executive orders, rules and regulations, issuances or any
part thereof inconsistent withthe provisions of this act, including Section 18 on the Operation and Effect of
Laws, 24 and 25 on the Contents, Editing and Publications of the Official Gazette, Book |, of Executive
Order No. 292 or the Administrative Code of 1987 in relation to Article 2 on Effect and Application of Laws of
Republic Act 386 or the Civil Code, Memorandum Circular 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 6713 (Code of Conduct and Ethical Standards for Public Officials and
Employees), are deemed repealed: Provided, the Memorandum Circular78 shall be deemed repealed after
‘one (1) year from the effectivity ofthis Act or upon issuance of the Executive Order in Section 7(a).

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

Approved,