TWENTIETH CONGRESS 
}
REPUBLIC OF THE PHILIPPINES } 
First Regular Session 
}
25 JUL -7 An ;05
SENATE
SENATE BILL No. _ 189
INTRODUCED BY SENATOR VICENTE C. SOTTO HI
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 Freedom of Information Law is long overdue as the mandate was 
enshrined in the 1987 Constitution under Section 7 of the Bill of Rights which 
provides:
“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. ”
Transparency is the cornerstone of good governance. To foster 
accountability, trust and citizen participation, our Government shall provide 
ready and complete access of key information to the discerning public.
In this modem world where data is readily available online, information 
about government transactions, processes and actions shall likewise be 
accessible to our countrymen as a matter of right.
In view thereof, immediate approval of this bill is requested.
m'
VICENTE IC. SOTTO III


TWENTIETH CONGRESS 
}
REPUBLIC OF THE PHILIPPINES } 
First Regular Session 
j
25
-7 All ;C5
SENATE
SENATE BILL No. 189
Introduced by SENATOR VICENTE C. SOTTO III
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:
1
2
10
11
12
13
14
15
16 
17
Section 1. Short Title. - This Act shall be known as the "People's Freedom 
of Information Act of 2025."
Sec. 2. Declaration of Policy. - The State recognizes the right of the people 
to mformation on matters of public concern and adopts and implements a 
policy of full public disclosure of all its transactions involving public interest, 
subject to the procedures and limitations provided by this Act. It is likewise a 
declared policy of the state to promote the meaningful and increased
participation of the people in government decision-making and public 
accountability.
Public officials and employees, in the performance of their duties under 
this Act, as well as citizens in the exercise of their rights under this Act, shall 
handle information kept or obtained under this Act fairly, lawfully and with 
due regard to the full protection of the right to privacy of Individuals.
Sec. 3. Definition of Terms. - As used in this Act:
a. Information - shall mean 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


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
26
27
28
29
30
31
32
and video recordings, magnetic or other tapes, electronic data, computer 
stored data, or other like or similar data or material of public concern 
recorded, stored or archived in whatever form or format, 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. 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.
c. 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.
d. Public sennce contractor - shall be defined as a private entity that has 
a dealing, contract or transaction of whatever form or kind with the 
government or a government agency/office that utilizes public funds.
e. 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.
f. Sensitive personal information - shall refer to personal information:
i. about an individual's race, ethnic origin, marital status, age, color 
and religious, philosophical or political affiliations;
u.
111.
about an individual's health, education, genetic or sexual life of a 
person 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;
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


1
2
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
iv. 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.
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 whoUy-owned or 
controlled subsidiaries, government financial institutions (GFIs) government 
instrumentahties with corporate powers (GICP), government corporate 
entitles (GCE), and non-chartered GOCCs, and state universities and colleges.
Sec. 5. Access to Information. - Every Filipino citizen has a right to and 
shall, on request, be given access to any information of public concern under 
tJie 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.
23
24
25
26
27
28
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 bv 
this Act.
29
30
31
32
Sec. 7. Exceptions. Access to information shall be granted unless:
a. The information is specifically authorized to be kept confidential under 
guidelines established by an Executive Order, and in fact properly 
classified pursuant thereto: Provided, That:


1
2
3
4
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
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
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 
mtemational organization: Provided,. That sufficient information 
is disclosed to afford reasonable public participation in government 
decision-making on bilateral and multilateral agreements: Provided, 
further. That the head of the department or agency having custody 
or possession of such Information, shall keep under continuing 
review all classified information in his custody and may direct the 
declassification review of such review 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, 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 Avith 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


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
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 mvestigations 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.
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
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 our well-being or degrade 
the quality of life of our people by causing unnecessary panic and conflict 
and threatening to limit the range of policy choices available to the 
concerned implementing and regulating agencies: Provided, further. That 
this exception shall apply only until such time that the confidentiality 
requirement of the action plan of said agency is no longer necessary In 
addressing the said security issue;
e. The uiformation 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;


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
The information requested consists of drafts of orders, resolutions 
ecisions, memoranda or audit reports by any executive, administrative’ 
regulatoiy, constitutional, judicial or quasi-judicial body in the exercise 
their regulatoiy, audit and adjudicatoiy function. The revelation of
w 1C wou d impair the impartiality of verdicts or otherwise obstruct the 
administration of justice;
1. 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, or the person is or was an official or employee of a 
government agency and the information relates to his other public
lunction or the person has consented, in writing, to the disclosure of the 
information;
k. The information requested forms part of a public record but its 
disclosure would expose the people concerned to acts of discrimination
Snc^11 0rmatl0n iS firSt redacted by the concerned government
L The information requested pertains to trade secrets and commercial or 
financi^ information obtained from a natural or juridical person other 
an 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 m trade, industrial, financial or commercial competition;
m. The information is required to be kept confidential by law or consists 
waived i?ed mformatlon unless the person entitled to the privilege has
ConTsUtut“TbyC;reqUeSted iS eXemPted fr°m diSC‘0SUre
o. The information is of a nature that its premature disclosure would:
1) m the case of an agency that regulates or deals with currencies, 
interest rates, securities, commodities, or financial institutions, be


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
likely to lead speculations in currencies, interest rates, securities, or 
commodities market; or
2) in the case of other agencies, be likely to 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; and
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: Provided, That:
1) The exceptions are strictly construed;
2) The exceptions are not used to cover-up a crime, or any unlawful 
activity;
3) The President, the Supreme Court, the Senate, the House of 
Representatives, and the Constitutional Commissions with a majority vote 
of the body in accordance with their own rules of procedure when 
applicable may waive an exception with respect to information In the 
custody of offices under their respective supervision or control, when they 
deem that there is an overriding public Interest In disclosure;
4) The exceptions do not constitute authority to withhold information 
from, or limit the availability of records to congress, or any of its 
committees;
5) The exceptions do not constitute an authority of the executive branch 
of a local government unit to withhold information from its legislative 
body;
6) Whenever the information requested is part of a record, whose other 
parts are covered by an exception, but may be reasonably severed from a


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
26
27
28
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 after 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 foUowing 
national officials shall disclose to the public their Statement of Assets,
Liabilities, and Net Worth (SALN) on an annual basis in their official 
website:
i. President;
ii. Vice-President;
iii. Members of the Cabinet;
iv. Members of Congress;
V. Justices of Supreme Court;
vi. Members of Constitutional Commissions and other constitutional 
offices; and
vii. 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:
i. Annual Budget of Government Agencies;


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 
27
ii. Itemized Monthly Collections and Disbursement;
iii. Summary of Income and Expenditures;
iv. Component of the IRA Utilization;
V. Annual Procurement Plan and Procurement List;
vi. An updated plantilla of positions and vacant positions with 
qualifications/ requirements in their organizations that need to be 
filled-up;
vii. Items to Bid;
viii. Bid Results on Civil Works, and Goods and Services;
ix. Abstract of Bids as Calculated;
X. Procurement contracts entered into by a government agency;
xi. Construction or concession agreements or contracts entered into 
by a government agency with any domestic or foreign person or 
entity;
xii. 
Private sector participation agreements or contracts in 
infrastructure and development projects under Republic Act No. 
6957, as amended by Republic Act No. 7718, authorizing the
financing, construction, operation and maintenance of infrastructure 
projects;
xiii. Public funding extended to any private entity;
xiv. Bilateral or multilateral agreements and treaties in trade, 
economic partnership, investments, cooperation and similar binding 
commitments;
XV. Licenses, permits or agreements granted by any government 
agency to any person or entity for the extraction and/or utilization 
of natural resources and a list of the grantees;


1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
xvi. Guarantees given by any government agency to government- 
owned or controlled corporations and to private corporations, persons 
or entities;
xvii. Loans from domestic and foreign financial institutions;
xviii. Loans, grants, development assistance, technical assistance, and 
programs entered into by a government agency with official bilateral 
or multilateral agencies, as well as with private aid agencies or 
institutions; and
xix. Compromise agreements entered into by a government agency 
with any person or entity.
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 (Php 50,000,000.00) 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.
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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 through their website, timely, 
true, accurate and updated key Information including, but not limited to:
a. A description of its mandate, structure, powers, functions, duties and 
decision-making processes;
b. A description of the frontline services it delivers and the procedure 
and length of time by which they may be availed of;
c. The names of its key officials, their powers, functions and 
responsibilities, and their profiles and curriculum vitae;
d. Audited financial statements, and budget and expenditure records;
10


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
e. Statements of assets, liabilities and net worth of all public officials with 
Salary Grade 27 and above or heads of office;
f. Monthly income including allowances and sources of income of all public 
officials with Salary Grade 27 and above and heads of office;
g. Work programs, development plans, investment plans, projects, 
performance targets and accomplishments, and budgets, revenue 
allotments and expenditures;
h. Important rules and regulations, orders or decisions; Provided, That 
they be published within fifteen (15) calendar days from promulgation;
i. Rules of procedure, descriptions of forms available or the places at 
which forms may be obtained, and instructions as to the scope and 
contents of all papers, reports, or examinations;
j. Substantive rules of general applicability adopted as authorized by law, 
and statements of general policy or interpretations of general 
applicability formulated and adopted by the agency, including 
subsequent amendments;
k. Current and important database and statistics that it generates;
l. Bidding processes, deadlines and requirements;
m. Mechanisms or procedures by which the public may participate in or 
otherwise influence the formulation of policy or the exercise of its 
powers; and
n. Any disclaimer that shall announce true and correct information 
relative to a matter of public concern that has been the subject of 
untruthful or inaccurate publication in media.
All government agencies shall over time endeavor and build the capacity 
and practice to upload in full all other contracts, agreements, or treaties 
covered under this section. In particular those that are of the highest 
public Interest by reason of the amounts involved and the Impact of the 
transaction to the public.
11


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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 persona! and sensitive 
information 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 and sensitive 
information in the custody of the agency, must not disclose that 
information except as authorized under this Act.
Sec. 11. Freedom of Information Manual - 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:
a. 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;
b. The types of information it generates, produces, holds and/or 
publishes;
c. A description of its record-keeping system;
d. The person or office responsible for receiving requests for information;
e. The procedure for the filing of requests personally, by mail, or through 
the identified electronic means;
f. The standard forms for the submission of request and for the proper 
acknowledgment of the request;
12


1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
g. 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;
h. The procedure for the administrative appeal of any denial for access 
to information;
i. The schedule of fees;
j. 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
k. Such other information, taking into consideration the unique 
characteristics of an agency, that will help facilitate the effective 
implementation of this Act. The foregoing information shall also be 
posted in its website and bulletin boards, and shall be regularly updated.
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 who 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 FOI Manual.
23
24
25
26
27
28
29
30
31
32
33
34
35
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, because of 
illiteracy or due to being a person with disability, to make a written 
request for information may make an oral request, and the public official 
who receives the oral request shall reduce it to writing, and include his 
name and position within the government agency, and give a copy 
thereof to the person who made the request. The request shall state the 
name and preferred contact information of the requesting party, and 
reasonably describe the information required, the reason for the request 
of the information and the preferred means by which the government 
agency shall communicate such information to the requesting party:
13


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
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. 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 request requirements under this 
section.
c. The request shall be stamped by the government agency, indicating 
the date and time of receipt and the name, rank, title and position of the 
receiving public officer or employee with the corresponding signature, 
and a copy thereof furnished to the requesting party. In case the request 
is submitted by electronic means, the government agency shall provide 
for an equivalent means by which the requirements of this paragraph 
shall be met. Each government agency shall establish a system to trace 
the status of all requests for information received by it.
d. The request may indicate the requesting party's preferred mode and 
means of receiving the information requested, provided that the mode 
and means are reasonable, taking into consideration equipment normally 
available to the concerned government agency.
e. A government agency may communicate the information requested in 
a form other than the preferred means whenever the agency has no 
capability in communicating the information In the preferred format, or 
such preferred means would unreasonably interfere with the effective 
operation of the agency or be detrimental to the preservation of the 
record.
f. The government agency shall comply with such request as soon as 
practicable, and in any case within fifteen (15) working days from the 
receipt thereof. The period may be extended whenever the information 
requested requires a search of the government agency's field or satellite 
offices, examination of voluminous records, the occurrence of fortuitous 
events or other analogous cases.
14


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
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 that it does not hold the 
information, 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.
17
18
19
20 
21 
22
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.
23
24
25
26
27
28
Sec. 14. Exemption from Compliance. - The government agency is excused 
from complying with a subsequent identical or substantially similar request 
from the same requesting party where it has previously complied with a request 
for information unless a reasonable interval has lapsed between compliance 
with the previous request and the making of the current request: Provided, 
That the government agency complies with Section 15 of this Act.
29
30
31
32
33
34
35
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
15


1 
the denial, or of the extension, shall be deemed a denial of the request for
2 
access to information.
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Sec. 16. Remedies in Cases of Denial of Request for Information. — 
a. In all government agencies other than the judicial branch:
i. 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 (h) 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 by the person or office 
next higher in authority of the same agency within five (5) working 
days from filing of said written appeal. Failure of the government 
agency to decide within the aforestated period shall constitute denial 
of the appeal.
ii. 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.
16


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
b. In the Judicial Branch, the judiciary shall be governed by such 
remedies as promulgated by the Supreme Court.
c. The remedies provided in this section are without prejudice to any other 
administrative, civil or criminal action covering the same act,
d. The remedies available under this Act shall be cumulative and subject 
to the rule of exhaustion of administrative remedies. The provisions of 
Republic Act No. 9285, otherwise known as the Alternative Dispute 
Resolution Act of 2004, shall not apply to cases filed pursuant to this 
section.
e. In case the requesting party has limited or no financial capacity, the 
Public Attorney's Office shall be mandated to provide legal assistance to 
the requester In availing of the remedies provided under this Act.
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, evidentiaiy, 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 identity specific and
17


1
2
classes of official records that It shall require agencies to preserve and 
transfer to it.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 
21
22
23
24
25
26
27
28
29
30
31
32
33
c. In addition to the specific and classes of official records identified for 
preservation under letter (b) of this section, the following shall not be 
destroyed:
1. Records pertaining to loans obtained or guaranteed by the 
government;
2. Records of government contracts;
3. The declaration under oath of the assets, liabilities and net worth 
of public officers and employees, as required by law; and
4. Records of official investigations pertaining to allegations of graft 
and corruption of public officers.
d. Government agencies shall prepare, following standards and period 
promulgated pursuant to Republic Act No. 9470 or the National Archives 
of the Philippines Act of 2007, a records management program that 
Includes the following:
i. A records maintenance system for the creation, selection, 
classification, indexing and fQing of official records that facilitate 
the easy Identification, retrieval and communication of information 
to the public;
ii. 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
iii. 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
18


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
Center shall. In coordination with the Office of the President which has 
exclusive editorial and printing jurisdiction over the Official Gazette, 
and with oAer 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 Secretaiy of Justice.
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
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 there shall be a 
timestamp in the said document.
For purposes of compliance with Article 2 of the Civil Code of the 
Philippines, publication of the following in the online version of the Official 
Gazette, with the corresponding timestamps on the document, shall be 
considered as official publication:
a. All 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
19


1 
and/or legal notices in connection with land titles, naturalization or
2 
special proceedings shall continue to be published in the print version of
3 
the Official Gazette or in any newspaper of general circulation for
4 
purposes of compliance with the publication requirement.
5 
Sec. 19. Capacity-Building, Promotion of Best Practices and Continuous
6 
Updating of Appropriate Information Technology and FOI. - All government
7 
agencies must ensure that they have a compliant website within two (2) years
8 
from the date of effectivity of this Act. The Department of Information and
9 
Communications Technology (DICT) shall monitor all government agency
10 
websites and render the appropriate support including capacity-building
11 
program and coordination with another appropriate agency, utilizing
12 
alternative mechanism and seeking the assistance of private relevant and
13 
willing volunteer groups to ensure full compliance with the requirements of
14 
this Act.
15 
In the performance of its monitoring function of government websites
16 
and portals, the DICT shall endeavor to continuously develop, improve and
17 
update its information technology system taking into consideration usability
18 
and practical accessibility of government documents by the public.
19 
The DICT shall be responsible for setting the standards for the file
20 
formats to be used by the political subdivisions of the State. All national and
21 
local government agencies including GOCCs with or without original charter
22 
in the publication of government public information In accordance with the
23 
provisions of this Act.
24 
Every government agency shall ensure the provision of adequate
25 
training for its officials to improve awareness of the people's right to
26 
information and the provisions of this Act, and to keep updated as to best
27 
practices in relation to information disclosure, records maintenance and
28 
archiving.
29 
Sec. 20. Use of Plain Language. - Every government agency shall
30 
endeavor to use plain language in their communications orders, compliance,
31 
requirements or instructions Issued to implement the provisions of this Act.
32 
The government agencies shall translate key information into major Filipino
33 
languages and present them in popular form and means.
34 
1. To cany out the provision of this Act, the Civil Service Commission
35 
(CSC) is designated to issue guidelines on the use of plain language to
36 
suit the needs of the requesting party;
20


1
2
3
4
5
6
7
8 
9
10
2. The CSC shall provide t±ie 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; and
4. Website contents including, but not limited to, financial data, notices 
and other technical and legal documents, of government agencies must 
also be written in plain language to ensure that these information are 
easy to read, understand and use.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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:
i. 
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;
ii. 
Failure to act on the request within the periods required by 
this Act;
iii. 
Refusal to comply with the decision of his immediate 
supervisor, or of any court ordering the release of information;
iv. 
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;
V. 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.
21


1
2
3
b. The preceding subsection does not bar filing of appropriate 
administrative cases other than those grave offenses enumerated above.
4 
Sec. 22. Criminal Offenses and Penalties. - The penalty of imprisonment
5 
of not less than one (1) month but not more than six (6) months and a fine
6 
ranging from Ten Thousand Pesos (P10,000.00) to One Hundred Thousand
7 
Pesos (PlOO,000.00) shall be imposed upon:
8 
a. Any public official or employee who falsely denies or conceals the
9 
existence of information that is a proper subject for disclosure under
10 
this Act;
11 
b. Any public official or employee who destroys, or causes to be destroyed,
12 
information and/or documents being requested under this Act, for the
13 
purpose of frustrating the requesting party's access thereto;
14 
c. Any public officer or employee responsible for officially acting on the
15 
request, who shall claim an exception under Section 7 of this Act, or under
16 
the Constitution, when such claim Is manifestly devoid of factual basis;
17 
d. Any individual who divulged or released information covered under
18 
Section 7 of this Act;
19 
e. Any public officer or employee who divulged or released Information
20 
that is altered, tampered or modified to the extent that the released
21 
Information materially differs from the original contents of the document:
22 
Provided, That altering or modifying a document for the purpose of
23 
severing an exempt Information from non-exempt information in a
24 
single document shall not be punishable under this subsection; and
25 
f. The responsible officers of the public service contractor and the
26 
signatories to the contract or any document evidencing transaction with
27 
the government or government agency who fail to submit the necessary
28 
documents / papers.
29 
If the violation committed in this Act is induced and assisted by a private
30 
individual or a corporation, partnership or any kind of judicial entity, the penalty
31 
provided herein shall be imposed on its executive officer and/or other officials
32 
responsible therefor: Provided, That they shall suffer, in addition to the penalties
33 
provided herein, the automatic revocation of their license to operate.
22


1
2
3
4
5
6
7
8 
9
10
11
12
13
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 (P500,000.00) but 
not more than One million pesos (PI,000,000.00) or a penalty of five (5) years 
but not more than fifteen (15) years, or both, as provided in Republic Act No. 
9470 of the National Archives Act.
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 cases 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 relied upon for 
the denial.
14 
Sec. 24. Act Not a Bar to Claim of Right to Information Under the
15 
Constitution. - No provision of this Act shall be Interpreted as a bar to any claim
16 
of the right to information under Article III, Section 7 of the Constitution.
17 
Sec. 25. Integration of Freedom of Information (FOI) and Good
18 
Governance in Elementary and Secondary Curriculum. - To ensure a weU-
19 
informed generations of citizens, the right to information, the principles of
20 
accountability and transparency, democracy and leadership, and good
21 
governance shall be integrated in such subjects as Heyograplya, Kasaysayan at
22 
Sibika (HEKASI) and Araling Panlipunan in the elementary level and in such
23 
subjects as Social Studies and Makabayan or its equivalent subjects in high
24 
school level. The Department of Education in coordination with the Civil Service
25 
Commission and other relevant offices shall prepare the necessary modules and
26 
teaching programs consistent with the objectives of this Act.
27 
Sec. 26. Reports on FOI. - All government agencies shall be required to
28 
submit annual reports on the number of requests for information received and
29 
processed, of appeals made from the denial thereof, and such other
30 
information as provided In this Act. The said report may be integrated in the
31 
agencies' main Annual Report and its posting and publication in their respective
32 
websites shall be considered as sufficient compliance.
33 
Sec. 27. System of Incentives and Rewards. - A system of special
34 
incentives and rewards is hereby established to be given to appropriate
35 
government agency or agencies that initiated and displayed compliance and
36 
full participation in the meaningful implementation of this Act. The incentives
23


1 
and rewards may Include, but not limited to, social projects, grants-in-aid,
2 
national recognition, and similar entitlements.
3 
Sec. 28. Appropriations. - The amount necessary to carry out the
4 
provisions of this Act shall be charged against the agencies' current budget
5 
and shall thereafter be included in the annual General Appropriations Act.
6 
Sec. 29. Separability Clause. - If any section or part of this Act is held
7 
unconstitutional or invalid, the other sections or provisions not otherwise
8 
affected shall remain in full force and effect.
9 
Sec. 30. Repealing Clause. - All laws, decrees, executive orders, rules and
10 
regulations, issuances or any part thereof inconsistent with the provisions of
11 
this Act, including Sections 18, 24 and 25 of Executive Order No. 292 in relation
12 
to Article 2 of Republic Act No. 386, Memorandum Circular No. 78 dated 14
13 
August 1964 (Promulgating Rules Governing Security of Classified Matter in
14 
Government Offices), as amended, and Section 3, Rule IV of the Rules
15 
Implementing Republic Act No. 6713 (Code of Conduct and Ethical Standards
16 
for Public Officials and Employees), are deemed repealed: Provided, That
17 
Memorandum Circular No. 78 shall be deemed repealed after one (1) year from
18 
the effectivity of this Act or upon issuance of the Executive Order in Section
19 
7 (a) whichever comes first.
20 
Sec. 31. Effectivity. - This Act shall take effect fifteen (15) days after
21 
its publication in at least two (2) national newspapers of general circulation,
22 
whichever comes earlier.
Approved,
24