TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
25
JL-2 P5 34
iV.
Senate Bill No.
49
Introduced by Senator JOEL VILLANUEVA
AN ACT
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND 
THE CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE 
AND HONESTY IN PUBLIC SERVICE, APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The 1987 Constitution guarantees the right of every Filipino to information on 
matters of public concern. Section 7 of Article III or the Bill of Rights affords every 
citizen the right to access official government records, documents, and papers 
pertaining to official acts, transactions, or decisions, as well as government research 
data used as basis for policy development, subject to such limitations as may be 
provided by law.
Jurisprudence has clarified key aspects of the right of the people to information 
on matters of public concern, particularly its nature and scope. Regarding its nature, 
the Supreme Court has proclaimed that the right to information is not a private right 
but a public right, which may be asserted by any citizen at any time. With respect to 
its enforceability, the Supreme Court in the case of Legazpi vs. Civil Service 
Commission has ruled that the Constitutional provisions on the right to information 
are self-executing. As to the scope of the guarantee, the right covers information 
which relates to matters of public concern.
The right to information on matters of public concern is an integral part of the 
fundamental right of freedom of expression, as recognized by Resolution 59 of the UN 
General Assembly adopted in 1946, as well as by Article 19 of the Universal Declaration 
of Human Rights (1948). Around 119 countries have enacted laws that uphold the


people's right to information.1 However, for more than three decades the Philippines 
has been unable to join their ranks as proposed measures of this kind have continued 
to languish in Congress, despite efforts to legislate an FOI law as early as 1987.2
Despite the Constitutional guarantee and the current legal framework for 
freedom of information under Executive Order (EO) No. 2, series of 2016, Filipinos 
have experienced obstacles and difficulty in accessing public data and information and 
receiving timely responses. In 2018, under the government's electronic Freedom of 
Information (eFOI) established by said EO, a significant number of requests were 
either denied (30%) and reported as being processed (33%).3 Moreover, there was 
an incident recorded where the requested information was accommodated in 24-30 
days, which exceeded the maximum of 15 working days to respond prescribed under 
EO No. 2.4
Thus, this proposed legislation is necessary to address these challenges and to 
strengthen government efforts to operationalize the constitutional right of every 
Filipino to information. It seeks to: (1) put in place a uniform, speedy, and effective 
means of enforcing the right to information on matters of public concern; (2) further 
clarify the scope of the guarantee by defining the coverage, exemptions, process of 
enforcing, and prescribing reasonable limitations to the right to information; and (3) 
provide clear administrative and criminal penalties for unlawful denial of the right to 
information on matters of public concern.
Accordingly, this bill provides for proactive disclosure and obliges government 
authorities to publish or make accessible certain information to the public even without 
prior requests. This includes mandatory disclosure of Statement of Assets, Liabilities, 
and Net Worth (SALN) of certain national officials as well as government contracts 
involving an amount of at least P50 million which shall be uploaded online and in full 
before its signing. In doing so, the government strengthens public trust and reinforces 
its practice of transparency and accountability.
This bill also provides for limited and strictly construed exceptions, such as 
matters of national security, trade secrets, and presidential privilege. It also 
guarantees the right to privacy of Filipino citizens and ensures that the disclosure of 
personal data under the custody of the State shall be done in accordance with the 
provisions of Republic Act No. 10173 or the "Data Privacy Act of 2012."
1 
Statista. Where Do Freedom of Information Laws ExisG Published on 3 May 2019. Available at 
https://www.statista.com/chart/17879/global-freedom-of-information-laws/ (Accessed on 26 May 2025).
2 
Inquirer.net. DBM chief: Make 'iouder'caiis for FOI iaw in 20th Congress. Published on 25 May 2025. Available 
at https://newsinfo.inquirer.net/2063316/dbm-chief-make-louder-calls-for-foi-law-in-20th-congress (Accessed 
on 26 May 2025).
3 
Philippine Journal of Librarianship and Information Studies. Why are Freedom of Information Requests in the 
Philippines Being Denied? Published on 31 December 2020. Available at 
https://phjlis.Org/index.php/phjlis/article/view/41# :^:text=Among%20these%20are%20the%20high%20rat 
es%20FOI,and%20unsatisfactory%20results%20for%20fulfilled%20FOI%20requests.8itext=On%20the%20 
other%20hand%2C%20citizens%20also%20have,opinion%20on%20current%20issues°/o2C%20and%20sub 
mitting%20complaints (Accessed on 26 May 2025).
A Ibid.


This proposal shall take on a whole-of-government approach that covers all 
branches of the government, including government-owned and controlled 
corporations (GOCCs). It requires each government agency to produce an FOI Manual 
that serves as a guide for the public in the processes and procedures involved in 
requests for information. A system of incentives and rewards shall be created to boost 
compliance of government agencies.
An informed citizenry can encourage public participation in making important 
decisions, policies, and laws. This builds upon the country's identification as a 
democratic state where people are free to have a voice to recommend, respond, and 
react to the activities of the government, which can only be possible if they have 
access to information. Furthermore, the free flow of accurate and reliable government- 
held information can significantly enhance economic performance. It improves the 
ease of doing business in the country, attracts private sector investments, and 
generates employment for Filipinos. A more developed data and information 
management, especially one that is publicly accessible, will also benefit employers and 
investors by helping them identify and match skilled workers based on specific 
competencies, industry sectors, and geographical location.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
JOEL VILLANUEVAC)K


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
25 JUL-2 P5 34
SENATE
Senate Bill No.
49
R;T;. ,
Introduced by Senator JOEL VILLANUEVA
AN ACT
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND 
THE CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE 
AND HONESTY IN PUBLIC SERVICE, APPROPRIATING FUNDS 
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembied:
1 
SECTION 1. Short Title. — This Act shall be known as the "Peopie's
2 
Freedom of Information Act."
3 
SEC. 2. Declaration of Policy. — The State recognizes the right of the
4 
people to information on matters of public concern and adopts and implements a
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policy of full public disclosure of all its transactions involving public interest, subject
6 
to the procedures and limitations provided by this Act. It is likewise a declared
7 
policy of the State to promote the meaningful and increased participation of the
8 
people in government decision-making and public accountability.
9 
Public officials and employees, in the performance of their duties, as well as
10 
citizens in the exercise of their rights, have the responsibility to handle information
11 
kept or obtained under this Act fairly, lawfully, and with due regard to the full
12 
protection of the right to privacy of individuals.
13 
SEC. 3. Definition of Terms. — For purposes of this Act, the following
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terms are hereby defined as follows:


b)
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a)
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d)
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Information s\\d\\ 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 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, including offline or online, and any 
content thereof in parts, portion, or in whole, which are made, received or 
kept in or under the control and custody of any government agency pursuant 
to law, presidential decree or issuance, executive order, letter of instruction, 
rules or regulations, ordinance or in connection with the performance or 
transaction of official business by any government agency;
Information ofPubiic Concern shall refer to all and any information that 
a concerned citizen may lawfully request of any government agency; 
Officiai 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;
Personal Data shall refer to personal information, sensitive personal 
information, and privileged information. These are any information that 
relates to an identified or identifiable living individual. Different pieces of 
information, which are collected together can lead to the identification of a 
particular person and also constitute personal data;
Persona!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;
Privileged Information refers to any and all forms of data, which, under 
the Rules of Court and other pertinent laws constitute privileged 
communication;
Public Record/Records shall include information required by law, 
presidential decree or issuance, executive order, rules or regulations to be 
entered, kept and made publicly available by a government agency;


1 
h) 
Public Service Contractor shdW refer to a private entity that has a dealing,
2 
contract or transaction of whatever nature with the government or a
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government agency/office that utilizes public funds; and
4 
i) 
Sensitive Persona!Information shall refer to personal information:
5 
(1) About an individual's race, ethnic origin, marital status, age, color and
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religious, philosophical or political affiliations;
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(2) About an individual's health, education, genetic or sexual life of a
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person;
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(3) Any proceeding for any offense committed or alleged to have been
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committed by such person, the disposal of such proceedings, or the
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sentence of any court in such proceedings;
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(4) Issued by government agencies peculiar to an individual, which
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includes, but not limited to, social security numbers, previous or current
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health records, licenses or its denials, suspension or revocation and tax
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returns; and
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(5) Specifically established by an executive order or an act of Congress to
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be kept classified.
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SEC. 4. Coverage. — This Act shall cover all government agencies.
19 
Government agency or agencies shall include the executive, legislative, and judicial
20 
branches, as well as constitutional bodies of the Republic of the Philippines,
21 
including, but not limited to, the national government and all its agencies,
22 
departments, bureaus, offices and instrumentalities, constitutional commissions,
23 
and constitutionally mandated bodies, local governments, and all their agencies,
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regulatory agencies, chartered institutions, government-owned or-controlled
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corporations (GOCCs), including government financial institutions (GFIs),
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government instrumentalities with corporate powers (GICP), government
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corporate entities (GCE), and non-chartered GOCCs, state universities and colleges
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(SUCs), and state-run technical vocational institutions (STVIs), subject to
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limitations under existing laws.
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Further, this Act shall also cover back-end government operations, within,
31 
between, and across agencies, government-to-government communications,
32 
particularly those involving sharing and processing of data and information


1 
between and among government agencies for policy, planning, and decision-
2 
making purposes, and other government operations.
3 
SEC. 5. Access to Information. — Every Filipino citizen has a right to, and
4 
shall on request, be given access to any information of public concern under the
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control of a government agency regardless of the physical form or format in which
6 
they are contained, subject only to the exceptions enumerated in Section 7 of this
7 
Act.
8 
SEC. 6. Presumption. — There shall be a legal presumption in favor of
9 
access to information. No request for information shall be denied unless it clearly
10 
falls under the exceptions provided under this Act. Accordingly, the government
11 
agency shall have the burden of proof of showing by clear, sufficient, and
12 
convincing evidence that the information requested is exempted from the
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disclosure by this Act.
14 
SEC. 7. Exceptions. — Access to information shall be granted unless:
15 
a) The information is specifically authorized to be kept confidential and/or
16 
classified by authority of another law or under guidelines established by an
17 
Executive Order (E.O.), and in fact properly classified pursuant thereto:
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Provided, That:
19 
(1) The information directly relates to national security or defense, and its
20 
revelation may cause damage to the national security or internal and
21 
external defense of the State; or
22 
(2) The information requested pertains to the foreign affairs of the Republic
23 
of the Philippines, when its revelation shall unduly weaken the
24 
negotiating position of the government in an ongoing bilateral or
25 
multilateral negotiation or seriously jeopardize the diplomatic relations
26 
of the Philippines with any state, or prejudice the entrusting of
27 
information to the Republic of the Philippines on a basis of confidence
28 
by the government of any other country or any international
29 
organization: Provided, That sufficient information is disclosed to afford
30 
reasonable public participation in government decision-making on
31 
bilateral and multilateral agreements: Provided, further. That the head
32 
of the department or agency having custody or possession of such


b)
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C)
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information, shall keep under continuing review all classified information 
in their 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;
The information consists of minutes or records of advice given or of opinions 
expressed during decision-making or policy formulation including exchanges 
when the Chief Executive was not present, only if invoked by the Chief 
Executive to be part of presidential communications privilege. Whenever 
disclosure would significantly undermine the free and frank provision of 
advice or exchange of views: Provided, That an executive order shall be 
issued specifying the reasonable period after which information invoked to 
be privileged under this paragraph shall be made accessible to the public; 
The information requested pertains to internal and/or external defense, law 
enforcement, and border control, when the disclosure thereof may:
(1) 
Compromise or interfere with any legitimate military or law enforcement 
operation; or
(2) 
Compromise or interfere with the legitimate prevention, detection or 
suppression of criminal activity, or the legitimate implementation of 
immigration controls and border security; or
(3) 
Lead to the disclosure of the identity of a confidential source, including 
a government, or foreign agency or authority or any private institution 
which furnished information on a confidential basis, and, in the case of 
a record or information compiled by a law enforcement authority during 
an investigation or by an agency conducting a lawful national security 
intelligence investigation, information furnished by a confidential 
source; or
(4) 
Disclose legitimate techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose legitimate guidelines 
for law enforcement investigations or prosecutions if such disclosure 
could reasonably be expected to risk circumvention of the law; or
(5) 
Endanger the life or physical safety of any individual; or
(6) 
Deprive a person of a right to a fair trial and impartial adjudication.


1 
d)
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e)
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f)
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h)
The information requested pertains to matters of human security, such as, 
but not limited to, economic, food, health, personal, money and trade. 
Provided, That such disclosure or premature disclosure will imperil the well­
being or degrade the quality of life of people by causing unnecessary panic 
and conflict and threatening to limit the range of policy choices available to 
the concerned implementing and regulating agencies. Provided, further, That 
this exception shall apply only until such time that the confidentiality 
requirement of the action plan of said agency is no longer necessary in 
addressing the said security issue;
The information requested pertains to the assistance of government to 
Overseas Filipino Workers (OFWs) or migrant 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;
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;
The information requested are exempted under a treaty or bilateral 
agreement to which the Philippines is a party;
The information requested consists of drafts of orders, resolutions, decisions, 
memoranda or audit reports by any executive, administrative, regulatory, 
constitutional, judicial or quasi-judicial body in the exercise of their 
regulatory, audit and adjudicatory function; Provided, That the revelation of 
which would impair the impartiality of verdicts or otherwise obstruct the 
administration of justice;
The information requested is obtained by either House of Congress, or any 
committee thereof, in an executive session;
The information requested pertains to the personal and sensitive information 
of a natural person other than the requesting party, and its disclosure would


1 
constitute an unwarranted invasion of his or her personal privacy, unless it
2 
forms part of a public record, and the person is or was an official or employee
3 
of a government agency and the information relates to their public function
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and the person has consented, in writing, to the disclosure of the information.
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To the extent required to prevent an unwarranted invasion of privacy, an
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agency may redact such personal data from a record made available to the
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public;
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k) The information requested forms part of a public record, but its disclosure
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would expose the people concerned to acts of discrimination, unless such
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information is first redacted by the concerned government agency;
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I) The information requested pertains to trade secrets and commercial or
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financial information obtained from a natural or juridical person other than
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the requesting party, obtained in confidence or covered by privileged
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communication, and/or filed with a government agency, whenever the
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revelation thereof would prejudice the interests of such natural or juridical
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person in trade, industrial, financial or commercial competition. This includes
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information protected under the Anti-Money Laundering Act, as amended,
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and the bank secrecy laws;
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m) The information is required to be kept confidential by law or consists of
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privileged information unless the person entitled to the privilege has waived
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it in writing;
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n) The information requested is exempted from disclosure by the Constitution;
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o) The information is of a nature that its premature disclosure would:
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(1) In the case of an agency that regulates or deals with currencies, interest
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rates, securities, commodities, or financial institutions, be likely to lead
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to speculations in currencies, interest rates, securities, or commodities
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market; or
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(2) In the case of other agencies, be likely to frustrate the effective
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implementation of a proposed official action: Provided, That the
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information shall be disclosed once the abovementioned dangers have
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ceased;
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1 
p) The information has already been made accessible as provided in Sections
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8(a), 9,11 and 14 of this Act; and
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q) The information requested pertains to information about the ongoing
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evaluation or review of bids or proposals undertaken by the bidding or review
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committee prior to an official recommendation by the government.
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For paragraphs (c) to (q) of this Section, the determination whether any of
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these grounds shall apply shall be the responsibility of the head of office of the
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government agency in custody or control of the information, or any responsible
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central or field officer/s duly designated by them, without prejudice to Section 6
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above: Provided, That:
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(1) 
The exceptions are strictly construed;
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(2) 
The exceptions are not used to cover-up legitimate investigations being
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conducted by law enforcement agencies or the Legislature involving the
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commission of a crime, or any unlawful activity wherein such
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information is material or relevant to the allegations or issues;
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(3) The President, the Supreme Court, the Senate, the House of
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Representatives, and the Constitutional Commissions, with a majority
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vote of their respective bodies, in accordance with their own rules of
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procedure, when applicable, may waive an exception with respect to
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information in the custody of offices under their respective supervision
21 
or control, when they deem that there is an overriding public interest in
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the disclosure;
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(4) The exceptions do not constitute authority to withhold information from,
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or limit the availability of records to Congress, or any of its committees;
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(5) The exceptions do not constitute an authority of the executive branch
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of a local government unit to withhold information from its legislative
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body;
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(6) Whenever the information requested is part of a record, whose other
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parts are covered by an exception, but may be reasonably severed from
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a record, the responding official shall communicate the information not
31 
covered by the exception to the requester; and


1 
(7) The exceptions set forth in this section may be overcome if the
2 
requester is able to prove before a court of competent jurisdiction that
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the public interest in the disclosure of information outv\/eighs the public
4 
interest in keeping the information secret or confidential.
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All exempted information under this Section shall be mandatorily reviewed
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every three (3) years by the head of office or agency in custody or control of the
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information for reclassification and possible disclosure; Provided, That such
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information to be disclosed by an agency under the executive branch shall be
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subject to the approval of the President.
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SEC. 8. Mandatory Disclosure of Information. —
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a) In fulfillment of Article XI, Section 17 of the Constitution, the following
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national officials shall disclose to the public their Statement of Assets,
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Liabilities, and Net worth (SALN) on an annual basis on their official website
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or the Official Gazette online:
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(1) President;
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(2) Vice-President;
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(3) Members of the Cabinet;
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(4) Members of Congress;
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(5) Justices of Supreme Court;
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(6) Members of Constitutional Commissions and other constitutional offices;
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and
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(7) Officers of the Armed Forces with general or flag rank:
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Provided, That sensitive personal information contained in the SALN such as:
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(1) Home address of the declarant;
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(2) Details of any unmarried children below eighteen (18) years of age
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living in the declarant's household, if any, particularly their names, dates
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of birth, and ages;
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(3) Signatures of the declarant and co-declarant; and
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(4) Government-Issued ID numbers of the declarant and co-declarant
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redacted to protect the dignity, safety, and security of the public officer
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shall be redacted:


1 
Provided, further, That all SALNs for previous years shall be archived and
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kept available on the said websites.
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b) All agencies of all branches of government shall upload on their websites,
4 
which shall be updated monthly, a register of the following public interest
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transactions, documents, or records, including:
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(1) Annual budget of government agencies;
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(2) Itemized monthly collections and disbursements;
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(3) Summary of income and expenditures;
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(4) Component of the National Tax Allotment (NTA) utilization, if applicable;
10 
(5) Annual procurement plan and procurement list;
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(6) An updated plantilla of positions and vacant positions with
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qualifications/requirements in their organizations that need to be filled
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up;
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(7) Items to bid;
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(8) Bid results on civil works, and goods and services;
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(9) Abstract of bids as calculated;
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(10) Procurement contracts entered into by a government agency with
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corresponding income tax returns, if applicable, of the person or entity
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awarded of the same;
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(11) Construction or concession agreements or contracts entered into by a
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government agency with any domestic or foreign person or entity;
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(12) Private sector participation agreements or contracts in infrastructure
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and development projects under Republic Act No. 6957, as amended by
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Republic Act No. 7718, otherwise known as the Build-Operate-Transfer
25 
(BOT) Law, authorizing the financing, construction, operation and
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maintenance of infrastructure projects;
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(13) Public funding extended to any private entity;
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(14) Bilateral or multilateral agreements and treaties in trade, economic
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partnership, investments, 
cooperation and similar binding
30 
commitments;
10


1 
(15) Licenses, permits or agreements granted by any government agency to
2 
any person or entity for the extraction and/or utilization of natural
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resources and a list of the grantees;
4 
(16) Guarantees given by any government agency to government-owned or
5 
controlled corporations and to private corporations, persons or entities;
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(17) Loans from domestic and foreign financial institutions;
7 
(18) Loans, grants, development assistance, technical assistance, and
8 
programs entered into by a government agency with official bilateral or
9 
multilateral agencies, as well as with private aid agencies or institutions;
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(19) Compromise agreements entered into by a government agency with any
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person or entity;
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(20) Scholarships, vouchers, and other similar grants issued by relevant
13 
government agencies; and
14 
(21) Alien Employment Permits (AEPs) and Special Work Permits (SWPs)
15 
issued to foreigners.
16 
The register shall contain a brief description of the transaction involved
17 
including, but not limited to, the nature and object of the transaction, the parties
18 
and amounts involved, the key steps undertaken towards its conclusion, and the
19 
relevant dates: Provided, That contracts and agreements involving an amount of
20 
at least Fifty million pesos (P50,000,000.00) shall be uploaded in full on the website
21 
of the concerned government agency or the Official Gazette online. A covered
22 
record shall be enrolled in the register not later than thirty (30) working days from
23 
its perfection or issuance.
24 
SEC. 9. Openness and Transparency in Government Agencies. —
25 
Each government agency shall make available upon the request of any citizen at
26 
no cost and in an accessible form, consistent with the provisions of Republic Act
27 
No. 9485, as amended by Republic Act No. 11032, or the "Ease of Doing Business
28 
and Efficient Government Service Delivery Act of 2018," and through their website,
29 
timely, true, complete, accurate and updated key information including, but not
30 
limited to:
31 
a) A description of its mandate, structure, powers, functions, duties and
32 
decision-making processes;
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b)
C)
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g)
h)
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A description of the frontline services it delivers and the procedure and length 
of time by which they may be availed of;
The names of its key officials, their powers, functions and responsibilities, 
and their profiles;
Audited financial statements, and budget and expenditure records;
SALN of all public officials with Salary Grade 27 and above or heads of office; 
Monthly income, including allowances and sources of income of all public 
officials with Salary Grade 27 and above and heads of office, provided that 
names of minor children, if any, may be redacted;
Work programs, development plans, investment plans, projects, performance 
targets and accomplishments, budgets, revenue allotments and 
expenditures;
Important rules and regulations, orders or decisions: Provided, That they be 
published within fifteen (15) calendar days from promulgation;
Rules of procedure, descriptions of forms available or the places at which 
forms may be obtained, and instructions as to the scope and contents of all 
papers, reports, or examinations;
Substantive rules of general applicability adopted as authorized by law, and 
statements of general policy or interpretations of general applicability 
formulated and adopted by the agency, including subsequent amendments; 
Current and important databases and statistics that it generates;
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.
12
j)
k)
l)


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SEC. 10. Protection of Privacy. — While providing for access to
2 
information in public records, this Act also affords full protection of the right to
3 
privacy of individuals, as follows:
4 
a) Disclosure of public records involving personal data shall be guided by the
5 
principle of transparency, existence of legitimate purpose, and
6 
proportionality;
7 
b) A government agency must ensure that personal data in its custody or under
8 
its control is disclosed only as permitted under this Act;
9 
c) 
A government agency must protect personal data in its custody or under its
10 
control in accordance with the provisions of Republic Act No. 10173 or the
11 
Data Privacy Act of 2012, its implementing rules and regulations (IRR), and
12 
issuances by the National Privacy Commission (NPC); and
13 
d) 
An employee, officer or official of a government agency who has access,
14 
whether authorized or unauthorized, to personal data in the custody of the
15 
agency, has the duty to keep the personal data confidential except as
16 
authorized under this Act. An employee, officer or official of a government
17 
agency found to be in violation of upholding the protection of privacy shall
18 
be subject to corresponding penalties, depending on the nature of the
19 
offense, under Section 21 and Section 22 under this Act.
20 
SEC. 11. Freedom of Information (FOI) Manuai. —
21 
a) 
For the effective implementation of this Act, all government agencies shall
22 
prepare a Freedom of Information (FOI) Manual within six (6) months from
23 
the effectivity of this Act, indicating the following:
24 
(1) The location and contact information of the head, regional, provincial
25 
and field offices, and other established places where the public can
26 
obtain government information or submit requests;
27 
(2) The types of information it generates, produces, holds and/or publishes;
28 
(3) A description of its record-keeping system;
29 
(4) The person or office responsible for receiving requests for information;
30 
(5) The procedure for the filing of requests personally, by mail, or through
31 
the identified electronic means;
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b)
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C)
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a)
(6) 
The standard forms for the submission of request and for the proper 
acknowledgment of the request;
(7) 
The process for the disposition of the request, including the routing of 
the request to the person or office with the duty to act on the request, 
the decision-making process, and the grant or denial of access and its 
implementation;
(8) 
The procedure for the administrative appeal of any denial for access to 
information;
(9) 
The schedule of fees;
(10) The process and procedure for the mandatory disclosure of information 
under Section 8 of this Act: Provided, That, should the agency lack the 
capacity to fully comply therewith, a brief description of its plan to 
facilitate compliance within three (3) years from the approval of this 
Act; and
(11) Such other information, taking into consideration the unique 
characteristics of an agency, that will help facilitate the effective 
implementation of this Act.
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.
SEC. 12. Procedure of Access. —
Any person who wishes to obtain information shall submit, free of charge, a 
request to the government agency concerned personally, by mail, or through 
electronic means. A person who is unable to make a written request for 
information, because of illiteracy or disability, may make an oral request, and 
the public official who receives the oral request shall reduce it to writing, and 
include his/her name and position within the government agency, and give a
14


b)
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C)
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e)
31
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d)
copy thereof to the requesting party. The request shall state the name and 
preferred contact information of the requesting party, and reasonably 
describe the information being requested, the reason for the request of the 
information, and the preferred means by which the government agency shall 
communicate the information to the requesting party: Provided, That the 
stated reason shall not be used as a ground to deny the request or to refuse 
the acceptance of the request, unless such reason is contrary to law, public 
order or public policy. If the request is submitted personally, the requesting 
party shall show their valid identification card issued by any government 
agency, or in the absence thereof, 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 clear copy of verifiable identification, or other 
convenient means as determined by the agency;
The public official receiving the request shall provide reasonable assistance, 
free of charge, to enable all requesters and particularly those with special 
needs, to comply with the requirements under this Section;
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 their 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;
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 the equipment normally available 
to the concerned government agency;
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
15


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f)
g)
h)
i)
means would unreasonably interfere with the effective operation of the 
agency or be detrimental to the preservation of the record;
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;
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;
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 requesting party that it does not hold the 
information and inform them of the correct agency that holds the record, if 
known. Whenever practicable, the agency receiving the request shall transfer 
the request to the appropriate agency that holds the information: Provided, 
That the period to comply with the request under this Section shall begin to 
run only upon the receipt of the agency to which the request is transferred. 
SEC. 13. Access and Processing Fees. — Government agencies may 
charge a reasonable fee for the processing of the request for information, 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 requesting party is an indigent, or that the 
cost of reproduction is negligible, or that it is pursuant to the agency's program 
for proactive disclosure.
SEC. 14. Exemption from Compiiance. — A government agency is 
excused from complying with a subsequent identical or substantially similar
16


1 
request from the same requesting party if both requests will require the agency to
2 
provide the same information to the requesting party, unless a reasonable interval
3 
has lapsed between compliance with the previous request and the making of the
4 
current request: Provided, That the government agency complies with Section 15
5 
of this Act.
6 
SEC. 15. Notice of Denial. — If the government agency decides to deny
7 
the request, in whole or in part, it shall, as soon as practicable, and in any case
8 
within fifteen (15) calendar days from the receipt of the request, notify the person
9 
making the request of such denial in writing or through electronic means. The
10 
notice shall clearly set forth the ground or grounds for denial 
and the
11 
circumstances under which the denial is based and indicate the available rights of
12 
reconsideration or appeal. Failure to notify the person making the request of the
13 
denial, or of the extension, shall be deemed a denial of the request for access to
14 
information.
15 
SEC. 16. Remedies in Cases of Denial of Request for Information. —
16 
a) In all government agencies other than the judicial branch:
17 
(1) Every denial of any request for access to information may be appealed
18 
to the person or office next higher in authority of the same agency,
19 
following the procedure mentioned in Section 11 (a) (8) of this Act:
20 
Provided, That the written appeal must be filed by the same person
21 
making the request within fifteen (15) calendar days from the notice of
22 
denial. The appeal shall be decided by the person or office next higher
23 
in authority of the same agency within five (5) working days from filing
24 
of said written appeal. Failure of the government agency to decide
25 
within the aforementioned period shall constitute denial of the appeal;
26 
(2) Upon denial of the appeal with the government agency, the requesting
27 
party may file a verified petition for mandamus in the proper court,
28 
aileging the facts with certainty and praying that judgment be rendered
29 
ordering the respondent, immediately or at some other time to be
30 
specified by the court, to disclose the requested information. Unless
31 
restrained or enjoined, the decision of the court shall be immediately
32 
executory without prejudice to review in accordance with the Rules of
17


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C)
b)
d)
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23
24 
e)
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a)
29
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31
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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 person, via 
videoconference or other similar means, 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;
In the Judicial Branch, the remedies and procedures in case of denial shall 
be governed by such rules and regulations as may be promulgated by the 
Supreme Court;
The remedies provided in this Section are without prejudice to any other 
administrative, civil or criminal action covering the same act;
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;
In case the requesting party is an indigent or has no financial capacity, the 
Public Attorney's Office (PAO) shall provide legal assistance to the requesting 
party in availing of the remedies provided under this Act.
SEC. 17. Keeping of Records. —
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
18


b)
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C)
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d)
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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 organization, 
policies, transactions, decisions, resolutions, enactments, actions, 
procedures, operations, and activities of the agency. This likewise includes 
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;
Government agencies shall identify specific and classes of official records in 
their custody or control that have continuing historical, administrative, 
informational, legal, evidentiary, or research value for preservation by such 
agencies or their legitimate successors, or for transfer to the National 
Archives of the Philippines (NAP). In addition, the NAP shall likewise identify 
specific and classes of official records that it shall require agencies to preserve 
and transfer to it;
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 SALN 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.
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, an archival and records management program 
that includes the following:
19


1 
(1) A records maintenance system for the creation, selection, classification,
2 
indexing, and filing of official records that facilitate the easy
3 
identification, retrieval and communication of information to the public;
4 
(2) A records maintenance, archival, and disposition schedule providing a
5 
listing of records under current use, for retention by the agency, for
6 
transfer to the National Archives, or for destruction: Provided, That
7 
destruction of the official records may be implemented only upon
8 
approval of the NAP, and;
9 
(3) A specification of the roles and responsibilities of agency personnel in
10 
the implementation of such system and schedule.
11 
e) In addition to its function as repository of all rules and regulations issued by
12 
agencies as provided under Book VII, Chapter II of the Administrative Code
13 
of 1987, the University of the Philippines Law Center (UPLC) shall, in
14 
coordination with the Office of the President which has exclusive editorial and
15 
printing jurisdiction over the Official Gazette, and with other relevant
16 
agencies, maintain a database, and publish the same in print in the Official
17 
Gazette or in digital or online form, the following:
18 
(1) All laws of the Philippines and their amendments, from the period of the
19 
Philippine Commission to the present;
20 
(2) All presidential issuances from 15 November 1935 to the present
21 
including, but not limited, to executive orders, presidential
22 
proclamations, letter of instruction, administrative orders,
23 
memorandum circulars, general orders, and other similar issuances;
24 
(3) A database of all appointments and designations made by the President
25 
of the Philippines; and
26 
(4) Opinions of the Secretary of Justice.
27 
SEC. 18. Publication in the Official Gazette. — For purposes of
28 
mandatory disclosure as provided in Section 8 of this Act, online publication in the
29 
Official Gazette website shall be considered official publication: Provided, That
30 
there shall be a timestamp in the said document.
31 
For purposes of compliance with Article 2 of the Civil Code of the Philippines,
32 
publication of the following in the online version of the Official Gazette, with the
20


1 
corresponding timestamps on the document, shall be considered as official
2 
publication:
3 
a) All legislative acts and resolutions of a public nature of the Congress of the
4 
Philippines;
5 
b) All executive and administrative orders and proclamations of general
6 
application;
7 
c) Decisions or abstracts of decisions of the Supreme Court and the Court of
8 
Appeals or other courts of similar rank, as may be deemed by said courts of
9 
sufficient importance to be so published;
10 
d) Such documents or classes of documents as the President shall determine
11 
from time to time to have general application or which they may authorize to
12 
be published. However, other documents or classes of documents as may be
13 
required to be published by law, such as petitions and/or legal notices in
14 
connection with land titles, naturalization or special proceedings shall
15 
continue to be published in the print version of the Official Gazette or in any
16 
newspaper of general circulation for purposes of compliance with the
17 
publication requirement.
18 
SEC. 19. Capacity-Building, Promotion of Best Practices and
19 
Continuous Updating of Appropriate Information Technoiogy and FOI. —
20 
All government agencies must ensure that they have a compliant website within
21 
two (2) years from the date of effectivity of this Act. The Department of
22 
Information and Communications Technology (DICT) shall monitor all government
23 
agency websites and render the appropriate support, including capacity-building
24 
of government employees and coordination with other appropriate agency,
25 
utilizing alternative mechanisms, and seeking the assistance of concerned and
26 
willing private volunteer groups to ensure full compliance with the requirements of
27 
this Act.
28 
In the performance of its monitoring function of government websites and
29 
portals, the DICT shall endeavor to continuously develop, improve and update its
30 
information technology system taking into consideration usability and practical
31 
accessibility of government documents by the public.
21


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32
The DICT shall be responsible for setting the standards for the file formats 
to be used by the political subdivisions of the State. All national and local 
government agencies, including GOCCs with or without an original charter, shall 
comply with the DICT's standards in the publication of government public 
information in accordance with the provisions of this Act.
Every government agency shall ensure the provision of adequate training for 
its officials to improve awareness of the people's right to information and the 
provisions of this Act, and to keep updated on best practices in relation to 
information disclosure, records maintenance, and archiving.
SEC. 20. Use of Plain Language. — Every government agency shall 
endeavor to use plain language in their communications, orders, compliance, 
requirements or instructions issued to implement the provisions of this Act. The 
government agencies shall translate key information into the Filipino language and 
other major languages in the Philippines and present them in popular form and 
means.
a) To carry out the provision of this Act, the Civil Service Commission (CSC) is 
designated to issue guidelines on the use of plain language to suit the needs 
of the requesting party;
The CSC shall provide the necessary training to employees of each 
government agency in using plain language in public documents;
All departments, agencies, and instrumentalities of the national government, 
including LGUs, SUCs, and GOCCs shall designate an official responsible for 
implementing the plain language; and
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 information are easy to read, 
understand and use.
SEC. 21. Administrative Offenses and Penalties. —
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 any of the following:
22
b)
c)
d)
a)


1 
(1) Refusal to promptly forward the request under Section 12 of this Act to
2 
the public officer within the same office or agency responsible for
3 
officially acting on the request when such is the direct cause of the
4 
failure to disclose the information within the periods required by this
5 
Act;
6 
(2) Failure to act on the request within the periods required by this Act;
7 
(3) Refusal to comply with the decision of their immediate supervisor, or of
8 
any court ordering the release of information;
9 
(4) Approval of policies, rules, and regulations clearly contrary to the
10 
provisions of this Act, and which policies, rules and regulations are the
11 
direct cause of the denial of a request for information; or
12 
(5) Failure to upload information required to be posted on an agency's
13 
website within the period provided under Section 19: Provided, That the
14 
head of agency or any other officer or employee tasked to perform the
15 
uploading shall be held liable.
16 
b) The preceding subsection does not bar filing of appropriate administrative
17 
cases other than those grave offenses enumerated above.
18 
SEC. 22. Criminal Offenses and Penalties. — The penalty of
19 
imprisonment of not less than one (1) month but not more than six (6) months
20 
and a fine ranging from one hundred thousand pesos (P100,000.00) to one million
21 
pesos (P1,000,000.00) shall be imposed upon:
22 
a) Any public official or employee who falsely denies or conceals the existence
23 
of information that is a proper subject for disclosure under this Act;
24 
b) 
Any individual who knowingly directed, induced or caused the commission of
25 
the foregoing acts shall be liable as principal by inducement in the
26 
prosecution of public officials or employees under this Section;
27 
c) 
Any public officer or employee responsible for officially acting on the request,
28 
who shall claim an exception under Section 7 of this Act, or under the
29 
Constitution, when such claim is manifestly proven devoid of factual basis;
30 
d) 
Any individual who divulged or released information covered under Section 7
31 
of this Act;
23


1 
e) Any public officer or employee who divulged or released information that is
2 
altered, tampered or modified to the extent that the released information
3 
materially differs from the original contents of the document: Provided, That
4 
redacting a document for the purpose of severing an exempt information
5 
from non-exempt information in a single document shall not be punishable
6 
under this subsection; and
7 
f) The responsible officers of the public service contractor and the signatories
8 
to the contract or any document evidencing transaction with the government
9 
or government agency who fail to submit the necessary documents/papers.
10 
If the violation committed is induced and assisted by a private individual or a
11 
corporation, partnership or any kind of judicial entity, the penalty provided herein
12 
shall be imposed on its executive officer and/or other officials responsible therefor:
13 
Provided, That they shall suffer, in addition to the penalties provided herein, the
14 
automatic revocation of their license to operate.
15 
Any public official or employee who willfully destroys, or causes to be
16 
destroyed, or sells information and/or documents being requested under this Act,
17 
for the purpose of frustrating the requesting party's access thereto shall suffer a
18 
fine of not less than five hundred thousand pesos (P500,000.00) but not more
19 
than one million pesos (P1,000,000.00) or a penalty of five (5) years but not more
20 
than fifteen (15) years, or both, as provided under Republic Act No. 9470 or the
21 
"National Archives Act."
22 
SEC. 23. Denial in Good Faith Not a Ground for Liability. — A denial in
23 
good faith of a request made pursuant to the provisions of this Act shall not
24 
constitute grounds for administrative, civil or criminal liability. In cases of denial of
25 
the request, the public official, officer or employee involved must prove that they
26 
acted in good faith by specifying the ground relied upon for the denial.
27 
SEC. 24. Act Not a Bar to Claim of Right to Information Under the
28 
Constitution. — No provision of this Act shall be interpreted as a bar to any claim
29 
of the right to information under Article III, Section 7 of the Constitution.
30 
SEC. 25. Integration of Freedom of Information (FOI) and Good
31 
Governance in the Curriculum. — To ensure a well-informed generation of
32 
citizens, the right to information, the principles of accountability and transparency.
24


1 
democracy and leadership, and good governance shall be integrated in such
2 
subjects as Heyograpiya, Kasaysayan at Sibika (HEKASI) and Araling Panlipunan
3 
in the elementary level and in subjects such as Social Studies and Makabayan or
4 
its equivalent subjects in the high school level.
5 
The Technical Education and Skills Development Authority (TESDA) and the
6 
Commission on Higher Education (CHED) shall likewise integrate lessons on the
7 
right to information, the principles of accountability and transparency, democracy
8 
and leadership, and good governance in their training modules or curriculum.
9 
The Department of Education (DepEd), TESDA and CHED, in coordination
10 
with the CSC and other relevant offices, shall prepare the necessary modules and
11 
teaching programs consistent with the objectives of this Act.
12 
SEC. 26. Reports on FOL — All government agencies shall be required to
13 
submit annual reports on the number of requests for information received and
14 
processed, of appeals made from the denial thereof, and such other information
15 
as provided in this Act. The said report may be integrated in the agencies' main
16 
Annual Reports. Their posting and publication in the agencies' respective websites
17 
shall be considered sufficient compliance.
18 
SEC. 27. System of Incentives and Rewards. — A system of special
19 
incentives and rewards is hereby established to be given to respective government
20 
agency or agencies that initiated and displayed compliance and full participation in
21 
the meaningful and effective implementation of this Act. The incentives and
22 
rewards may include, but shall not be limited to social projects, grants-in-aid,
23 
national recognition, and similar entitlements.
24 
SEC. 28. Appropriations — The amount necessary to carry out the
25 
provisions of this Act shall be charged against the agencies' current budget and
26 
shall thereafter be included in the annual General Appropriations Act.
27 
SEC. 29. Separabiiity Ciause. — If any portion or provision of this Act is
28 
declared unconstitutional, the remainder hereof or any provisions not affected
29 
thereby shall remain in force and effect.
30 
SEC. 30. Repeaiing Ciause. — All laws, decrees, executive orders, rules
31 
and regulations, issuances or any part thereof inconsistent with the provisions of
32 
this Act, including Sections 18, 24 and 25 of Executive Order No. 292 in relation to
25


1 
Article 2 of Republic Act No. 386, Memorandum Circular No. 78 dated 14 August
2 
1964 (Promulgating Rules Governing Security of Classified Matter in Government
3 
Offices), as amended, and Section 3, Rule IV of the Rules Implementing Republic
4 
Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and
5 
Employees), are deemed repealed: Provided, That Memorandum Circular No. 78
6 
shall be deemed repealed after one (1) year from the effectivity of this Act or upon
7 
issuance of the Executive Order referred to in Section 7(a), whichever comes first.
8 
SEC. 31. Effectivity. — This Act shall take effect fifteen (15) days after its
9 
complete publication in the Official Gazette or in a newspaper of general 
10 circulation.
Approved,
26