SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

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

House Bill No. 83323

EXPLANATORY NOTE

The Constitution, Article Ill, Section 7 provides that "the right of the people to
information on matters of public concem shall be recognized. Access to official records,
and to documents, and papers pertaining to official acts, transactions or decisions as well
as fo government research data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by faw.”

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

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



SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

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

House Bill No. 8823

TO IMPROVE PUBLIC DISSEMINATION OF GOVERNMENT INFORMATION

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

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

SEC 2. Declaration of Policy - It is the policy of the State to inform the people on matters
of public concem. Access to official records and to documents, and papers pertaining to
official acts, transactions or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such limitations as
may be provided by law. To enhance this right, government agencies should improve
information dissemination procedures and be provided with modem information
technology.

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

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

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

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

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

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

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

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


SEC 4. Publication - Not later than February 1 of each year, each department shall
publish in at least two (2) newspapers of general circulation, and provide in such manner
‘as will notify users of information of the department, a notice of:
(a) the availability of the report prepared under the preceding section; and
(b) a period of not less than 90 days for submission by the public of comments
regarding the information dissemination policies and practices of the department or
establishment, including comments regarding -
(1) the types of information the department or establishment collects and
disseminates;
(2) the methods and outlets the department or establishment uses to store
and disseminate information;
(3) the prices charged by the department or establishment, or such outlets
for information;
(4) the validity, reliability, timeliness and usefulness to the public of the
information.

SEC 5. Public Hearings - Comments received under this subsection by a department
shall be available for inspection to the public. Each year the department or establishment
shall provide a reasonable opportunity for dialogue between responsible agency officials
and interested members of the public, including thorough hearings and informal forum,
regarding both proposed and existing policies, procedures and mechanisms for
disseminating information under this Act and for otherwise implementing this Act.

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

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

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

(c) consider comments received pursuant to the notice.

SEC 7. Dissemination of Information - Each agency shall -

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

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

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

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

SEC 8. Prohibition as to Charging of Costs—
(a) Except as specifically authorized by statute, an agency may not -
(1) charge to depository libraries the costs of distributing information
products and services;
(2) charge more than the incremental cost of distributing an information
product or service regardless of channels utilized by the agency; or


(8) charge any royalty or other fee for any use or redissemination of
government information;
(b) The incremental cost of distributing an information product or service does not
include any portion of the cost of collecting, organizing or processing information
disseminated through the product or service.

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

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

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

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

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

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

Approved,