Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 4020

Introduced by Representatives EstrellitaB. Suansing

EXPLANATORY NOTE
Section 3, Article 7 of the 1987 Philippine Constitution states that:

“Section 3. 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.”

This bill seeks to give flesh to the constitutional provisions on the right of the people to
information on matters of public concern, the mandate of the State to implement a policy of
full public disclosure of al its transactions involving public interest, and the protection of the
privacy of the individual.

The Filipino public is now, more than ever, acutely aware and are engaged more in
matters that affect their daily lives and future actions. This measure will augment the public's
efforts in creating a more transparent and accountable government. An informed people is an
empowered people and such empowerment will help bring about a good governance toward
a more progressive society.

In view of the foregoing, the passage of this bill is earnestly sought.

STRELLITA B. SUANSIN)



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4020

House Bill No.

Introduced by Representatives Estrellita B. Suansing _

AN ACT
STRENGTHENING THE RIGHT OF THE PEOPLE
TO INFORMATION HELD BY THE GOVERNMENT

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

SECTION 1. Short Title. - This Act shall be known as the “People’s Freedom of
Information Act.”

SECTION 2. Declaration of Policy. — The State recognizes the right of the people
to information on matters of public concem, 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.

SECTION 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 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, including
wholly-owned or controlled subsidiaries, government financial institutions, state universities
and colleges, the Armed Forces of the Philippines, including the offices of Senators and
Representatives, the Supreme Court and all lower courts established by law.

SECTION 4. Definition of Terms. — As used in this Act:

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

b. Information refers to data that have been processed into a record, document,
Paper, report, letter, contract, minutes and transcripts of official meetings, maps, books,
photographs, data, research materials, in whatever form; or films, 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.

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

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d. Official record refers to information 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. This shall not refer to the stage or status of the information.

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

f. 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.

SECTION 5. Access to Information. - Every person who is a Filipino citizen has a
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 of their 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 net worth
(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.

SECTION 6. Presumption. ~ There shall be a legal presumption in favor of access
to information. The request for information may be denied only if it 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.

SECTION 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 internal and external defense of the State; or (2) The
information requested pertains to the foreign affairs of the Republic of the Philippines, when
its revelations 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 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 deliberative 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;

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¢. the information requested pertains to internal and/or external defense, law
enforcement and border control, when the disclosure thereof would:

1. unduly compromise or interfere with any legitimate military or law
enforcement operation; or

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

3. deprive a person of a right to a fair trial or an impartial adjudication; or

4, 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 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

5. 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

6. 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;

f. 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 ethnicity, 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 interests of
such natural or juridical person in trade, industrial, or financial or commercial competition;

h._ the information is classified as privileged communications in legal proceedings by
law or by the Rules of Court, unless the person entitled to the privilege has waived it;

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

i. 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 of other government
agencies, likely frustrate the effective implementation of a proposed official action: Provided,
That the information shall be accessible once 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
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.

SECTION 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;

d. 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 these is
an overriding public interest in disclosure; and

e. 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.

SECTION 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 websites of their 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;

4. the Members of the Senate and the House of Representatives;
§. the Justices of the Supreme Court;

6. the Commissioners of the Constitutional Commissions and other
constitutional offices; and

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

b. All agencies of all branches of government shall publish in their websites and
update on a monthly basis, a register containing the following information:

1. Freedom of Information Manual in full;

2. Rules of Procedure, description 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;

3. 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;

4, Public interest documents or records, including:
i. Annual Budget of Government Agencies;

ii, Itemized Monthly Collections and Disbursements;
ii, Summary of Income and Expenditures;
iv. Component of the Internal Revenue Allotment (IRA) Utilization;
v. Annual Procurement Plan and Procurement List;
vi. _ Items for Bidding;

vii Bid Results on Civil Works, and Goods and Services;

viii, Abstract of Bids, as Calculated;
ix. Procurement contracts entered into by a government agency;

x. _ Construction or concession agreements or contracts entered into by
a government agency with any domestic or foreign person or entity;

xi. _ Private sector participation agreements or contracts in infrastructure
and development projects under Republic Act No. 6957, otherwise known as
the Philippine BOT Law, as amended by Republic Act No. 7718;

xii, Public funding extended to any private entity;

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

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

xv. Statement of Assets and Liabilities of the public officers of the
government agency; and

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

The register shall contain a brief description of the transaction involved, including 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 (P50,000,000.00) 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, endeavor to build their capacity and
practice to publish in full all other contracts, agreements, or treaties covered under this
Section, especially those that are of the higher 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 of this 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 alternative mechanism, to facilitate substantive
compliance not later than three (3) years from the effectivity of this Act.

SECTION 10. Promotion of Openness in Government. —

a._ Duty to Publish Information. — In conjunction with Republic Act No. 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 of the frontline services it delivers and the procedure and
length of time by which they may be availed of;

3. The names of its key officials, their powers, functions and responsibilities,
and their profiles 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 and 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. Mechanisms or procedures by which the public may participate in or
otherwise influence the formulation of policy or the exercise of its powers.

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

SECTION 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 the effectivity of this 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 concer and the provisions of this Act. Similarly, all government agencies shall
endeavor 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 the
requirements of this Act.

SECTION 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
a reasonable interval has lapsed between compliance with the previous request and the
making of the current request: Provided, That the government agency, in denying the request,
complies with Section 20 of this Act.

SECTION 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. Agovernment 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 unauthorized
access, collection, use, disclosure or disposal;

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

SECTION 14. Administrative Liability. — It shall be tantamount to gross neglect of
duty and shall be a considered as a ground for administrative and disciplinary sanction against
any public official or employee who willfully 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 is the 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;
¢. Claim an exception under Section 7 of this Act when the claim is manifestly devoid
of factual or legal basis;

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

e. Approval of policies, rules and regulations manifestly 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

SECTION 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 and/or 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 causes the commission of the
foregoing acts shall be liable as principal by inducement in the prosecution of public officials
or employees under this section.

c. The acts under paragraph (a) of this Section, if proven in an administrative
proceeding, shall be subject to the penalty of dismissal, even if no criminal prosecution is
instituted against the person found liable.

SECTION 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 fiability.

SECTION 17. Freedom of Information (FO!) Manual. —

a. Forthe effective implementation of this Act, all government agencies shall prepare
a Freedom of Information (FO!) 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 types of information it generates, produces, holds and/or publishes;
3. A description of its record-keeping system;
4, The person or office responsible for receiving requests for information;

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

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

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

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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 the effectivity of this Act; and

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

b. The FO! Manual shall also be posted in the agency website and a hard copy shall
be available at the agency reception area for use by the public;

¢. Inno case shall the absence of the aforementioned FO! Manual be a reason for
the denial of any request for any information made in accordance with this Act;

d. 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 FO! Manual.

SECTION 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 to, because of iliteracy or disability, 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 the information and the
preferred means by which the government agency shall communicate such information to the
requesting party: Provided, That the stated reason shall not be used as a ground to deny the
request or to refuse the acceptance of the request, unless 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 or 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.

c. 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

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requirements of this paragraph shall be met. Each government shall establish a system by
which the status of all requests for information received by it may be verified at any time.

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. Agovernment 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 if the 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

f. The government agency shall comply with the request as soon as practicable and,
in any case, within fifteen (15) working days from the receipt thereof. The period may be
extended whenever the information requested requires a search of the government agency's
field or satellite offices, examination of voluminous records, the occurrence of fortuitous events
or other analogous cases.

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

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

i. Ifthe 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 the receipt of the agency to which the request is transferred.

SECTION 19. Access and Processing Fees. - Government agencies may charge a
reasonable fee to reimburse the actual cost of reproduction, copying or transcription, and the
communication of the information requested. An agency may waive the fees whenever it is
satisfied that the requester is an indigent, or that the cost of reproduction is negligible, or that
it is pursuant to a program for proactive disclosure.

SECTION 20. 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)
working 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 indicate the name, rank, title or
position of the person making the denial, clearly set forth the ground or grounds for denial and
the circumstances on which the denial is based, and indicate available rights of
reconsideration or appeal. Failure to notify the person making the request of the denial, or of
the extension, shall be deemed a denial of the request for access to information.

SECTION 21. Remedies in Cases of Denial. —
a. Inall government agencies other than the judicial branch —

1. Adenial of a request for access to information may be appealed to the Head of
Agency, following the procedure required under Section 17 (a) (8) of this Act: Provided,

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That the appeal must be filed within fifteen (15) calendar days from the receipt of the
notice of denial and must be decided within fifteen (15) calendar days from filing
Failure to resolve the appeal within the aforementioned period shall constitute a denial
of the 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 complaints filed pursuant to this Section. Unless restrained or enjoined,
the decision of the Office of the Ombudsman shall be immediately executory, 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
decisions has been appealed to the head of an agency, 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 information and to pay the damages sustained
by the requesting party by reason of the denial. The procedure for such petition shall
be summary in nature,

In resolving a complaint or petition brought under paragraphs (2) and (3) hereof, the
‘Ombudsman or the court is empowered to receive the information subject to a claim of
exception under Section 7 herein, and to examine them in camera to determine the sufficiency
of the 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 granter without prejudice to any
other administrative, civil or criminal action covering the same Act.

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
No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004.

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

SECTION 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, transactions, decisions, resolutions,
enactments, actions, procedures, operations, and activities;

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wawne

No

10
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7
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19

20
aa
22

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24
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26

27
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29
30
31
32
33
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35
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39

40
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42

b. Government agencies, in coordination with the National Archives of the 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 or their legitimate successors, or 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 paragraph (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 involving amounts of Fifty million pesos
(P50,000,000.00) or more, or related to infrastructure, public and private partnerships,
utilities, or other important projects;

3. The original Declarations 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;

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

d. Government agencies shall prepare, according to the standards set in and within
the period mandated by Republic Act No. 9470 or the National Archives of the Philippines Act
of 2007, a records management program that includes the following:

1. A records maintenance system for the creation, selection, classification,
indexing and filing of official records that facilitate the easy identification, retrieval and
communication of information to the public;

2. Arecords maintenance, archival and disposition schedule providing a listing of
records under current use for retention by the agency, for transfer to the National
Archives, or for destruction: Provided, That destruction of the official records may be
implemented only upon approval of the National Archives of the Philippines; and

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

e. In addition to its functions as repository of all rules and regulations issued by
agencies as provided under Book VII, Chapter II of the Administrative Code of 1987, the
University of the Philippines Law Center shall, in coordination with the Office of the President
which has exclusive editorial and printing jurisdiction over the Official Gazette, and with other
relevant agencies, maintain a database, and publish 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. Alll 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.
Page 13 of 15


10
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12

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22

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30
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32

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40

41
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43

SECTION 23. Publication in the Official Gazette. - For purposes of mandatory
disclosure as provided in Section 9 hereof, 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. All important 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;

. Decisions or abstracts of decisions of the Supreme Court and the Court of Appeals
or other courts of similar rank, as may be deemed by said courts of sufficient importance to
be so published;

d. Such documents or classes of documents as the President shall determine from
time to time to have general application or which he may authorize to be published.

However, other documents or classes of documents as may be required to be
published by law, such as petitions and/or legal notices in connection with land titles,
naturalization or special proceedings shall continue to be published in the print version of the
Official Gazette or in any newspaper of general circulation for purposes of compliance with
the publication requirement.

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

SECTION 25. Publication of Government Data in the 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 the Open Data Philippines website,
datasets generated in the implementation of agency mandates, programs, activities, 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.

SECTION 26. Tracking Requests for Information. - Websites 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 the appeal if such is done.

SECTION 27. Release to One, Release to All. — For purposes of streamlining
requests for information has been made available to an individual through a request for
information, the said dataset shall also be published in an appropriate website such as, but

Page 14 of 15


not limited to, the Open Data Philippines website, Official Gazette website, Department
website, or Local Government website, thus, allowing the public access to all information that
has been requested.

SECTION 28. Integration of Freedom of Information (FO!) 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 (HEKAS!) and Araling Panlipunan in the elementary level and in such
subjects as Social Studies and Makabayan or its equivalent subjects in the secondary 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 of this Act

SECTION 29. Annual Reports on Actions Taken on Requests 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 denials 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 website.

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

SECTION 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.

SECTION 32. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of this Act, including
Sections 18 on 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 No. 386
or the Civil Code; Memorandum Circular No. 78 dated 14 August 1964 (Promuigating Rules
Governing Security of Classified Matter in Government Offices), as amended; and Section 3,
Rule IV of the Rules Implementing Republic Act No. 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees), are deemed repealed: Provided, That
Memorandum Circular No. 78 shall be deemed repealed after one (1) year from the effectivity
of this Act or upon issuance of the Executive Order in Section 7 (a).

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

Approved,

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