1-
SEVENTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES
First Regular Session
S E N A T E
i'( llir jir ■'1 f1 >rli
Senate B ill No.
1208
:;;i Ih 
•> i ' O
K l'.r i.1\ I D  UY:
(In substitution of Senate Bill Nos. 24, 54, 72, 82, 94, 149, 159, 248, 306, 315, 534,
708, 1014, 1172)
Prepared and submitted jointly by the Committees on Public Information and Mass 
Media; Civil Service, Government Reorganization and Professional Regulation; and 
Finance with Senators Honasan, Pangilinan, Cayetano, Escudero, Trillanes, Eje’rcito, 
Poe, De Lima, Legarda, Zubiri, Angara, Aquino, Villanueva and Honti’veros as 
authors thereof
AN ACT
IMPLEMENTING 
THE 
PEOPLE’S 
RIGHT 
TO 
INFORMATION 
AND 
THE 
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY 
IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives of the Philippines in 
Congress assembled:
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SECTION 1. Short Title. -  This Act shall be known as the "People’s Freedom of 
Information Act of 2016."
SEC. 2. Declaration o f Policy. -  The State recognizes the right of the people to 
information on matters of public concern and adopts and implements a policy of full 
public disclosure of all its transactions involving public interest, subject to the 
procedures and limitations provided by this Act. It is likewise a declared policy of the 
state to promote the meaningful and increased participation of the people in 
government decision-making and public accountability.
Public officials and employees, in the performance of their duties under this Act,


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as well as citizens in the exercise of their rights under this Act, shall handle 
information kept or obtained under this Act fairly, lawfully and with due regard to the 
full protection of the right to privacy of individuals.
SEC. 3. Definition o f Terms. -  As used in this Act:
(a) "Information" shall mean any public and/or official record, document, paper, 
report, letters, contract, minutes and transcripts of official meetings, maps, 
books, photographs, 
data, research material, film, audio 
and video 
recordings, magnetic or other tapes, electronic data, computer stored data, or 
other like or similar data or material of public concern recorded, stored or 
archived in whatever form or format, which are made, received or kept in or 
under the control and custody of any government agency pursuant to law, 
executive order, rules and regulations, ordinance or in connection with the 
performance or transaction of official business by any government agency.
(b) "Official record/records” shall refer to information, in final form produced or 
received by a public officer or employee, or by a government agency in an 
official capacity or pursuant to a public function or duty.
(c) "Public record/records" shall include information required by law, executive 
orders, rules, or regulations to be entered, kept and made publicly available 
by a government agency.
(d) “Public service contractor” shall be defined as a private entity that has a 
dealing, contract or transaction of whatever nature with the government or a 
government agency/office that utilizes public funds.
(e) “Personal information" shall refer to any information whether recorded in a 
material form or not from which the identity of an individual is apparent or can 
be reasonably and directly ascertained by the entity holding the information or 
when put together with other information would directly and certainly identify 
an individual.


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(f) "Sensitive personal information” shall refer to personal information:
(1) about an individual’s race, ethnic origin, marital status, age, color and 
religious, philosophical or political affiliations;
(2) about an individual’s health, education, genetic or sexual life of a person 
or to any proceeding for any offense committed or alleged to have been 
committed by such person, the disposal of such proceedings, or the 
sentence of any court in such proceedings;
(3) 
issued by government agencies peculiar to an individual which includes, 
but not limited to, social security numbers previous or current health 
records, licenses or its denials, suspension or revocation and tax returns; 
and
(4) specifically established by an executive order or an act of Congress to be 
kept classified.
(g) “Personal data” refers to all types of personal information.
(h) “Privileged information” refers to any and all forms of data, which, under the
Rules of Court and other pertinent laws constitute privileged communication.
SEC. 4. Coverage. -  This Act shall cover all government agencies. Government 
agency or agencies shall include the executive, legislative and judicial branches as 
well as constitutional bodies of the Republic of the Philippines including, but not 
limited to, the national government and all its agencies, departments, bureaus, 
offices 
and 
instrumentalities, 
constitutional 
commissions 
and 
constitutionally 
mandated bodies, local governments and all their agencies, regulatory agencies, 
chartered institutions, government-owned or -controlled corporations (GOCCs), 
including government financial institutions (GFIs), government instrumentalities with 
corporate powers(GICP), government corporate entities (GCE), and non-chartered 
GOCCs, and state universities and colleges.
SEC. 5. Access to Information. -  Every Filipino citizen has a right to and shall,
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on request, be given access to any information of public concern under the control of 
a government agency regardless of the physical form or format in which they are 
contained subject only to the exceptions enumerated in Section 7 of this Act.
SEC. 6. Presumption. -  There shall be a legal presumption in favor of access 
to information. No request for information shall be denied unless it clearly falls under 
the exceptions provided under this Act. Accordingly, government agency shall have 
the burden of proof of showing by clear and convincing evidence that the information 
requested is exempted from the disclosure by this Act.
SEC. 7. Exceptions. -  Access to information shall be granted unless:
(a) The information is specifically authorized to be kept confidential under 
guidelines established by an Executive Order, and in fact properly classified 
pursuant thereto: Provided, That
(1 ) The information directly relates to national security or defense and its 
revelation may cause 
damage to the national security or internal and 
external defense of the State; or
(2) The information requested pertains to the foreign affairs of the Republic of 
the Philippines, 
when 
its 
revelation 
shall 
unduly 
weaken 
the 
negotiating 
position 
of the government 
in 
an 
ongoing 
bilateral 
or 
multilateral negotiation or seriously jeopardize the diplomatic relations of 
the Philippines with any state, or prejudice the entrusting of information to 
the Republic of the Philippines on a basis of confidence by the government 
of any other country or any international organization: 
Provided, That 
sufficient information is disclosed to afford reasonable public participation 
in government decision-making on bilateral and multilateral agreements: 
Provided, further. That the head of the department or agency having 
custody or possession of such information, shall keep under continuing 
review all classified information 
in his custody and may direct the 
declassification review of such review as needed. Declassification of the 
information shall be subject 
to the approval of the President.
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(b) The information consists of minutes or records of advice given or of opinions
expressed during decision-making or policy formulation including exchanges 
when the chief executive was not present, if invoked by the chief executive to 
be part of presidential communications privilege. Whenever disclosure would 
significantly undermine the free and frank provision of advice or exchange of 
views: 
Provided, That an executive order shall be issued specifying the
reasonable period after which information invoked to be privileged under this 
paragraph shall be made accessible to the public.
(c) The information requested pertains to internal and/or external defense, law 
enforcement, and border control, when the disclosure thereof may:
(1) Compromise or interfere with any legitimate military or law enforcement 
operation, or
(2) Compromise or interfere 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 in the course of an 
investigation or by an agency conducting a lawful national security 
intelligence investigation, information furnished by a confidential source, or
(4) Disclose legitimate techniques and procedures for law enforcement 
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


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(6) Deprive a person of a right to a fair trial and impartial adjudication.
(d) The information requested pertains to matters of human security, such as, but 
not limited to, food, health, money and trade: Provided, That such disclosure 
or premature disclosure will imperil our well-being or degrade the quality of life 
of our people by causing unnecessary panic and conflict and threatening to 
limit the range of policy choices available to the concerned implementing and 
regulating agencies: 
Provided, further, That this exception shall apply only 
until such time that the confidentiality requirement of the action plan of said 
agency is no longer necessary in addressing the said security issue.
(e) The information requested pertains to the assistance of government to 
overseas Filipino workers, including but not limited to their cases and records 
on criminal and family cases; and information that could compromise or 
weaken their case or position in any legal proceeding:
(f) The information requested involves records of foreign diplomats on diplomatic 
and consular missions, their arrival and departure, and other information that 
could compromise their safety or that such information is considered 
confidential by the Vienna Convention on Diplomatic Relations and the Vienna 
Convention on Consular Relations;
(g) The information requested are exempted under a treaty or bilateral agreement 
to which the Philippines is a party;
(h) 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. The revelation of which would impair the 
impartiality of verdicts or otherwise obstruct the administration of justice.
(i) The information requested is obtained by either House of Congress, or any 
committee thereof, in executive session.


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(j) The information requested pertains to the personal and sensitive information of a 
natural person other than the requesting party, and its disclosure would 
constitute an unwarranted invasion of his or her personal privacy, unless it 
forms part of a public record, and the person is or was an official or employee 
of a government agency and the information relates to his public function and 
the person has consented, in writing, to the disclosure of the information. To 
the extent required to prevent an unwarranted invasion of privacy, an agency 
may redact such personal data from a record made available to the public.
(k) The information requested forms part of a public record but its disclosure 
would expose the people concerned to acts of discrimination, unless such 
information is first redacted by the concerned government agency;
(l) The information requested pertains to trade secrets and commercial or 
financial information obtained from a natural or juridical person other than the 
requesting 
party, 
obtained 
in 
confidence 
or 
covered 
by 
privileged 
communication, and/or filed with a government agency, whenever the 
revelation thereof would prejudice the interests of such natural or juridical 
person in trade, industrial, financial or commercial competition. This includes 
information protected under the Anti-Money Laundering Law, as amended, 
and the bank secrecy laws.
(m) The information is required to be kept confidential by law or consists of privileged 
information unless the person entitled to the privilege has waived it.
(n) The information requested is exempted from disclosure by the Constitution or 
by law;
(o) The information is of a nature that its premature disclosure would:
(1) in the case of an agency that regulates or deals with currencies, interest 
rates, securities, commodities, or financial institutions, be likely to lead
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speculations in currencies, interest rates, securities, or commodities 
market; or
(2) in the case of other agencies, be likely to frustrate the effective 
implementation 
of a 
proposed 
official 
action: 
Provided, 
That the 
information shall be disclosed once the abovementioned dangers have 
ceased.
(p) The information has already been made accessible as provided in Sections 
8(a), 9, 11 and 14 of this Act.
(g) The information requested pertains to information about the ongoing 
evaluation or review of bids or proposals undertaken by the bidding or review 
committee prior to an official recommendation by the government.
For paragraphs (c) to (q) of this section, the determination whether any of 
these grounds shall apply shall be the responsibility of the head of office of 
the government agency in custody or control of the information, or any 
responsible central or field officer/s duly designated by him: Provided, That:
(1) The exceptions are strictly construed;
(2) The exceptions are not used to cover-up a crime, or any unlawful 
activity;
(3) The President, the Supreme Court, the Senate, the House of 
Representatives, and the Constitutional Commissions with a majority 
vote of the body in accordance with their own rules of procedure 
when applicable may waive an exception with respect to information 
in the custody of offices under their respective supervision or control, 
when they deem that there is an overriding public interest in 
disclosure;


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(4) The exceptions do not constitute authority to withhold information 
from, or limit the availability of records to congress, or any of its 
committees;
(5) The exceptions do not constitute an authority of the executive branch 
of a local government unit to withhold information from its legislative 
body.
(6) Whenever the information requested is part of a record, whose other 
parts are covered by an exception, but may be reasonably severed 
from a record, the responding official shall communicate the 
information not covered by the exception to the requester; and
(7) The exceptions set forth in this section may be overcome if the requester is 
able to prove before a court of competent jurisdiction that the public 
interest in the disclosure of information outweighs the public interest 
in keeping the information secret or confidential;
All exempted information under this Section shall be mandatorily reviewed 
after every three (3) years by the head of office or agency in custody or control of the 
information for reclassification and 
possible disclosure. Provided, that such 
information to be disclosed by an agency under the executive branch shall be 
subject to the approval of the President.
SEC. 8. Mandatory Disclosure o f Information. -
(a) In fulfillment of Article XI, Section 17 of the Constitution, the following national 
officials shall disclose to the public their Statement of Assets, Liabilities, and 
Net Worth (SALN) on an annual basis in their official website:
(1) President;
(2) Vice-President;
(3) Members of the Cabinet;
(4) Members of Congress;


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(5) Justices of Supreme Court;
(6) Members of Constitutional Commissions and other constitutional 
offices,
(7) Officers of the armed forces with general or flag rank.
(b) All agencies of all branches of government shall upload on their websites, 
which shall be updated monthly, a register of the following public interest 
transactions, documents or records, including:
(1) Annual Budget of Government Agencies;
(2) Itemized Monthly Collections and Disbursement;
(3) Summary of Income and Expenditures;
(4) Component of the IRA Utilization;
(5) Annual Procurement Plan and Procurement List;
(6) An 
updated 
plantilla 
of 
positions 
and 
vacant 
positions 
with 
qualifications/ requirements in their organizations that need to be filled- 
up;
(7) Items to Bid;
(8) Bid Results on Civil Works, and Goods and Services;
(9) Abstract of Bids as Calculated;
(10) Procurement contracts entered into by a government agency;
(11) Construction or concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity;
(12) Private sector participation agreements or contracts in infrastructure 
and development projects under Republic Act No. 6957, as amended 
by Republic Act No. 7718, 
authorizing 
the financing, construction, 
operation and maintenance of infrastructure projects;
(13) Public funding extended to any private entity;
(14) Bilateral or multilateral agreements and treaties in trade, economic 
partnership, 
investments, 
cooperation 
and 
similar 
binding 
commitments;
(15) Licenses, permits or agreements granted by any government agency 
to any person or entity for the extraction and/or utilization of natural 
resources and a list of the grantees;
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(16) Guarantees given by any government agency to government-owned 
or controlled corporations and to private corporations, persons or 
entities;
(17) Loans from domestic and foreign financial institutions;
(18) Loans, grants, development assistance, technical assistance, and 
programs entered into by a government agency with official bilateral or 
multilateral agencies, as well as with private aid agencies or 
institutions; and
(19) Compromise agreements entered into by a government agency with 
any person or entity.
The register shall contain a brief description of the transaction 
involved including, but not limited to; the nature and object of the transaction, 
the parties and amounts involved, the key steps undertaken towards its 
conclusion, and the relevant dates provided that contracts and agreements 
involving an amount of at least Fifty million pesos (Php 50,000,000.00) shall 
be uploaded in full on the website of the concerned government agency or the 
Official Gazette online. A covered record shall be enrolled in the register not 
later than thirty (30) working days from its perfection or issuance.
SEC. 9. Openness and Transparency in Government Agencies. -  Each 
government agency shall make available upon the request of any citizen at no cost 
and in an accessible form, consistent with the provisions of Republic Act No. 9485, 
or the Anti-Red Tape Act of 2007, and through their website, timely, true, accurate 
and updated key information including, but not limited to:
(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;
(4) Audited financial statements, and budget and expenditure records;
(5) Statements of assets, liabilities and net worth of all public officials with
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Salary Grade 27 and above or heads of office;
(6) 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;
(7) Work programs, development plans, 
investment plans, 
projects, 
performance targets and accomplishments, and budgets, revenue allotments 
and expenditures;
(8) Important rules and regulations, orders or decisions; Provided, That 
they be published within fifteen (15) calendar days from promulgation;
(9) 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;
(10) 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;
(11) Current and important database and statistics that it generates;
(12) Bidding processes, deadlines and requirements; and
(13) Mechanisms or procedures by which the public may participate in or 
otherwise influence the formulation of policy or the exercise of its powers.
(14) 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.
SEC. 10. Protection of Privacy. -  While providing for access to information in 
public records, this Act also affords full protection of the right to privacy of 
individuals, as follows:
(a) Disclosure of public records involving personal data shall be guided by the
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principle of transparency, legitimate purpose, and proportionality;
(b) A government agency must ensure that personal data in its custody or under 
its control is disclosed only as permitted under this Act;
(c) A government agency must protect personal data in its custody or under its 
control in accordance with the provisions of the Data Privacy Act of 2012, its 
implementing rules and regulations, and issuances by the National Privacy 
Commission.
(cl) An employee, officer or official of a government agency who has access, 
whether authorized or unauthorized, to personal data in the custody of the 
agency, has the duty to keep the personal data confidential except as 
authorized under this Act.
SEC. 11. Freedom of Information Manual. -
(a) For the effective impiementation of this Act, all government agencies shall 
prepare a Freedom of Information Manual, within six (6) months from the 
effectivity of this Act indicating the following:
(1) The location and contact information of the head, regional, provincial and 
field offices, and other estabiished places where the public can obtain 
government 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, the 
decision making process, and the grant or denial of access and its
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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.
(12) The foregoing information shall also be posted in its website and bulletin 
boards, and shall be regularly updated;
(13) 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.
(14) 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. -
(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 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 name and position within the government agency, and give a 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 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 such reason is contrary to law, public order or public policy. If
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the request is submitted personally, the requesting party shall show his 
current identification card issued by any government agency, or government 
or private employer or school, or a community tax certificate. If the request is 
submitted by mail or through electronic means, the requesting party may 
submit a photostatic or electronically scanned copy of verifiable identification, 
or other convenient means as determined by the agency.
(b) The public official receiving the request shall provide reasonable assistance, 
free of charge, to enable all requesters and particularly those with special 
needs, to comply with the request requirements under this section.
(c) The request shall be stamped by the government agency, indicating the date 
and time of receipt and the name, rank, title and position of the receiving 
public officer or employee with the corresponding signature, and a copy 
thereof furnished to the requesting party. In case the request is submitted by 
electronic means, the government agency shall provide for an equivalent 
means by which the requirements of this paragraph shall be met. Each 
government agency shall establish a system to trace the status of all requests 
for information received by it.
(cl) 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.
(c) A government agency may communicate the information requested in a form 
other than the preferred means whenever the agency has no capability in 
communicating the information in the preferred format, or such preferred 
means would unreasonably interfere with the effective operation of the agency 
or be detrimental to the preservation of the record.
(f) The government agency shall comply with such request as soon as 
practicable, and in any case within fifteen (15) working days from the receipt 
thereof. The period may be extended whenever the information requested
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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.
If the information is not held by the government agency to which the request 
was made, it shall notify the requester that it does not hold the information, and 
indicate to the requester which agency holds the record, if known. Whenever 
practicable, the agency receiving the request may also cause the transfer of the 
request to the appropriate agency that holds the information: Provided, That the 
period to comply with the request under this section shall begin to run only upon the 
receipt of the agency to which the request is transferred.
SEC. 13. Access and Processing Fees. -  Government agencies may charge a 
reasonable fee which shall in no case 
exceed 
the actual cost of reproduction, 
copying or transcription and the communication of the information requested. An 
agency may waive the fees whenever it is satisfied that the requester is an indigent, 
or that the cost of reproduction is negligible, or that it is pursuant to a program for 
proactive disclosure.
SEC. 14. Exemption from Compiiance. -  A government agency is excused from 
complying with a subsequent identical or substantially similar request from the same 
requesting party if both requests will require the agency to provide the same 
information to the requesting party, unless a reasonable interval has lapsed between 
compliance with the previous request and the making of the current request:
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Provided, That the government agency complies with Section 15 of this Act.
SEC. 15. Notice of Denial. -  If the government agency decides to deny the 
request, in whole or in part, it shall, as soon as practicable, and in any case within 
fifteen (15) calendar days from the receipt of the request, notify the person making 
the request of such denial in writing or through electronic means. The notice shall 
clearly set forth the ground or grounds for denial and the circumstances on which the 
denial is based, and indicate available rights of reconsideration or appeal. Failure to 
notify the person making the request of the denial, or of the extension, shall be 
deemed a denial of the request for access to information.
SEC. 16. Remedies in Cases of Denial o f Request for Information. -
(a) In all government agencies other than the judicial branch:
(1) Every denial of any request for access to information may be appealed to 
the person or office next higher in authority of the same agency, following 
the procedure mentioned in Section 11 (a)(8) of this Act: Provided, That 
the written appeal must be filed by the same person making the request 
within fifteen (15) calendar days from the notice of denial. The appeal shall 
be decided by the person or office next higher in authority of the same 
agency within five (5) working days from filing of said written appeal. 
Failure of the government agency to decide within the aforestated period 
shall constitute denial of the appeal.
(2) Upon denial of the appeal with the government agency, the requesting 
party may file a verified petition for mandamus in the proper court, alleging 
the facts with certainty and praying that judgment be rendered ordering the 
respondent, immediately or at some other time to be specified by the 
court, to disclose the requested information. Unless restrained or enjoined, 
the decision of the court shall be immediately executory without prejudice 
to review in accordance with the Rules of Court. 
Any action for 
administrative and/or criminal liability arising from the same act or 
omission, if any, shall be filed with the Office of the Ombudsman.
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No damages shall be assessed against the respondent unless it is proven 
that the respondent acted with malice, bad faith or negligence. Subject to 
the provisions of existing laws and the issuances of the Supreme Court, all 
courts shall give preference to the hearing and disposition of petitions for 
mandamus filed pursuant to the provisions of this Act. The court hearing 
the case is empowered to receive the information subject of a claim of 
exception under Section 7 herein and examine them 
in camera to 
determine the sufficiency of the factual and legal basis of such claim, when 
such sufficiency cannot be reasonably determined through evidence and 
circumstances apart from the information.
(b) In the Judicial Branch, the judiciary shall be governed by such remedies as 
promulgated by the Supreme Court.
(c) The remedies 
provided 
in this section are without prejudice to any other 
administrative, civil or criminal action covering the same act.
(d) The remedies available under this Act shall be cumulative and subject to the 
rule of exhaustion of administrative remedies.
The provisions of Republic Act No. 9285, otherwise known as the Alternative 
Dispute Resolution Act of 2004, shall not apply to cases filed pursuant to this 
section.
(e) 
In case the requesting party has limited or no financial capacity, the 
Public Attorney's Office shall be mandated to provide legal assistance to the 
requester in availing of the remedies provided under this Act.
SEC. 17. Keeping o f Records. -
(a) Government agencies shall create and/or maintain in appropriate formats, 
accurate and reasonably complete documentation or records of their 
organization, 
policies, 
transactions, 
decisions, 
resolutions, 
enactments,
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actions, procedures, operations, activities, communications and documents 
received or filed v\/ith them and the data generated or collected. These shall 
include working files such as drafts or notes, whenever these have been 
circulated within the agency for official purpose such as for discussion, 
comment or approval or when these contain unique information that can 
substantially contribute to a proper understanding of the agency organization, 
policies, 
transactions, 
decisions, 
resolutions, 
enactments, 
actions, 
procedures, operations, and activities. 
This likewise include information 
submitted by public service contractors to the government agency concerned 
such as receipts, identities of the suppliers, purchase orders, cash vouchers, 
related agreements with other private entities, and other documents related to 
the execution or the implementation of their transactions or contracts with the 
government agency involved;
(b) 
Government agencies shall identify specific and classes of official 
records in their custody or control that have continuing historical, administrative, 
informational, legal, evidentiary, or research value for preservation by such agencies 
or their legitimate successors, or for transfer to the National Archives of the 
Philippines. In addition, the National Archives of the Philippines shall likewise identify 
specific and classes of official records that it shall require agencies to preserve and 
transfer to it.
(c) 
In addition to the specific and classes of official records identified for 
preservation under letter (b) of this section, the following shall not be destroyed:
(1) Records 
pertaining 
to 
loans 
obtained 
or 
guaranteed 
by 
the 
government:
(2) Records of government contracts;
(3) The declaration under oath of the assets, liabilities and net worth of 
public officers and employees, as required by law; and
(4) Records of official investigations pertaining to allegations of graft and 
corruption of public officers.
(d) 
Government agencies shall prepare, following standards and period
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promulgated pursuant to Republic Act No. 9470 or the National Archives of the 
Philippines Act of 2007, a records management program that includes the following:
(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) 
A records maintenance, archival and disposition schedule 
providing a listing of records under current use, for retention by the 
agency, for transfer to the National Archives, or for destruction: 
Provided, That destruction of the official records may be implemented 
only upon approval of the National Archives of the Philippines; and
(3) 
A specification of the roles and responsibilities of agency 
personnel in the implementation of such system and schedule.
(e) 
In addition to its function as repository of all rules and regulations issued by 
agencies as provided under Book VII, Chapter II of the Administrative Code of 1987, 
the University of the Philippines Law 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 the 
same in print in the Official Gazette or in digital or online form, the following:
1) All laws of the Philippines and their amendments, from the period of the 
Philippine Commission to the present;
2) AII presidential issuances from November 15, 1935 to the present 
including, but not limited, to executive orders, presidential proclamations, 
administrative orders, memorandum circulars, general orders, and other 
similar issuances;
3) A database of all appointments and designations made by the President 
of the Philippines; and
4) Opinions of the Secretary of Justice.
SEC. 18. Publication in the Official Gazette. — For purposes of mandatory 
disclosure as provided in Section 8 of this Act, online publication in the Official 
Gazette website shall be considered official publication provided there shall be a
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timestamp in the said document.
For purposes of compliance with Article 2 of the Civil Code of the Philippines, 
publication of the following in the online version of the Official Gazette, with the 
corresponding timestamps on the document, shall be considered as official 
publication:
(a) All legislative acts and resolutions of a public nature of the Congress of the 
Philippines:
(b) All executive and administrative orders and proclamations of general 
application;
(c) Decisions or abstracts of decisions of the Supreme Court and the Court of 
Appeals or other courts of similar rank, as may be deemed by said courts of 
sufficient importance to be so published;
(cl) 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.
SEC. 19. Capacity-Building, Promotion 
of Best Practices and Continuous 
Updating of Appropriate 
Information Technology and FOI. -  All government 
agencies must ensure that they have a compliant website within two (2) years from 
the 
date 
of 
effectivity 
of this 
Act. 
The 
Department 
of 
Information 
and 
Communications Technology (DICT) shall monitor all government agency websites 
and render the appropriate support including capacity-building program and 
coordination with another appropriate agency, utilizing alternative mechanism and 
seeking the assistance of private relevant and willing volunteer groups to ensure full
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compliance with the requirements of this Act.
in the performance of its monitoring function of government websites and 
portais, the DiCT shali endeavor to continuously develop, improve and update its 
information technology system taking into consideration usabiiity and practicai 
accessibility of government documents by the public.
The DiCT be responsibie for setting the standards for the fiie formats to be used 
by the political subdivisions of the State. Ali nationai and local government agencies 
inciuding GOCCs with or without an originai charter in the publication of government 
pubiic 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 as to best practices in relation to information 
disciosure, records maintenance and archiving.
SEC. 20. Use o f Plain Language. -  Every government agency shaii endeavor 
to use piain ianguage in their communications orders, compliance, requirements or 
instructions issued to implement the provisions of this Act. The government agencies 
shall translate key information into major Fiiipino languages and present them in 
popular form and means.
(1 ) To carry out the provision of this Act, the Civii Service Commission 
(CSC) is designated to issue guideiines on the use of plain ianguage to 
suit the needs of the requesting party;
(2) The CSC shall provide the necessary training to empioyees of each 
government agency in using piain ianguage in public documents;
(3) Aii 
departments, 
agencies 
and 
instrumentaiities 
of the 
national 
government, including government-owned or 
-controlled corporations, 
iocal government units and state coileges and universities shall 
designate an official responsible for implementing the plain language; 
and
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(4) Website contents including, but not limited to, financial data, notices and 
other technical and legal documents, of government agencies must also 
be written in plain language to ensure that these information are easy to 
read, understand and use.
SEC. 21. Administrative Offenses and Penalties. -
(a) The acts enumerated in this sub-section shall be tantamount to grave 
administrative offenses and shall constitute grounds for administrative and 
disciplinary sanction against any public official or employee who willfully and 
knowingly commits the following:
(1) Refusal to promptly forward the request under Section 12 of this Act to the 
public officer within the same office or agency responsible for officially acting 
on the request when such is the direct cause of the failure to disclose the 
information within the periods required by this Act;
(2) Failure to act on the request within the periods required by this Act;
(3) Refusal to comply with the decision of his immediate supervisor, or of any 
court ordering the release of information;
(4) Approval of policies, rules and regulations clearly contrary to the provisions 
of this Act, and which policies, rules and regulations are the direct cause of 
the denial of a request for information;
(5) Failure to upload information required to be posted on an agency’s website 
within the period provided under Section 19: 
Provided, That the head of 
agency or any other officer or employee tasked to perform said uploading 
shall be held liable.
(b) The preceding subsection does not bar filing of appropriate administrative 
cases other than those grave offenses enumerated above.
SEC. 22. Criminal Offenses and Penalties. — The penalty of imprisonment of 
not less than one (1) month but not more than six (6) months and a fine ranging from 
ten thousand pesos 
(Php 10,000.00) 
to 
one hundred thousand pesos (Php 
100,000.00) shall be imposed upon:
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(a) Any public official or employee who falsely denies or conceals the existence 
of information that is a proper subject for disclosure under this Act.
(b) Any individual who knowingly directed, induced or caused 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) Any public officer or employee responsible for officially acting on the request, 
who shall claim an exception under Section 7 of this Act, or under the 
Constitution, when such claim is manifestly devoid of factual basis.
(cl) Any individual who divulged or released information covered under Section 7 
of this Act.
(e) Any public officer or employee who divulged or released information that is 
altered, tampered or modified to the extent that the released information 
materially differs from the original contents of the document: Provided, That 
altering or modifying a document for the purpose of severing an exempt 
information from non-exempt information in a single document shall not be 
punishable under this subsection.
(f) The responsible officers of the public service contractor and the signatories to 
the contract or any document evidencing transaction with the government or 
government agency who fail to submit the necessary documents/papers.
If the violation committed in this Act is induced and assisted by a private individual or a 
corporation, partnership or any kind of judicial entity, the penalty provided herein shall be 
imposed on its executive officer and/or other officials responsible therefor: Provided, That 
they shall suffer, in addition to the penalties provided herein, the automatic revocation of 
their license to operate.
Any public official or employee who willfully destroys, or causes to be 
destroyed, or sells, information and/or documents being requested under this Act, for 
the purpose of frustrating the requesting party's access thereto shall suffer a fine of 
not less than five hundred thousand pesos (Php 500,000.00) but not more than one 
million pesos (Php 1,000,000.00) or a penalty of five (5) years but not more than
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fifteen (15) years, or both, as provided in Republic Act No. 9470 or the National 
Archives Act.
SEC. 23. Denial in Good Faith Not a Ground for Liability. -  A denial in good 
faith of a request made pursuant to the provisions of this Act shall not constitute 
grounds for administrative, civil or criminal liability. In cases of denial of the request, 
the public official, officer or employee involved must prove that he/she acted in good 
faith by specifying the ground relied upon for the denial.
SEC. 24. Act Not a Bar to Claim of Right to Information Under the Constitution. 
-  No provision of this Act shall be interpreted as a bar to any claim of the right to 
information under Article III, Section 7 of the Constitution.
SEC. 25. Integration of Freedom o f Information (FOI) and Good Governance in 
Elementary and Secondary Curriculum. -  To ensure a well-informed generation of 
citizens, the right to information, the principles of accountability and transparency, 
democracy and leadership, and good governance shall be integrated in such 
subjects as Heyograpiya, Kasaysayan at Sibika (HEKASI) and Araling Panlipunan in 
the elementary level and in such subjects as Social Studies and Makabayan or its 
equivalent subjects in high school level. 
The Department of Education in 
coordination with the Civil Service Commission and other relevant offices shall 
prepare the necessary modules and teaching programs consistent with the 
objectives of this Act.
SEC. 26. 
Reports on FOI. -  All government agencies shall be required to 
submit annual reports on the number of requests for information received and 
processed, of appeals made from the denial thereof, and such other information as 
provided in this Act. The said report may be integrated in the agencies’ main Annual 
Reports. Their posting and publication in the agencies’ respective websites shall be 
considered sufficient compliance.
SEC. 27. System of Incentives and Rewards. -  A system of special incentives 
and rewards is hereby established to be given to appropriate government agency or 
agencies that initiated and displayed compliance and full participation in the
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meaningful implementation of this Act. The incentives and rewards may include, but 
shall not be limited to, social projects, grants-in-aid, national recognition, and similar 
entitlements.
SEC. 28. Appropriations. -  The amount necessary to carry out the provisions of 
this Act shall be charged against the agencies’ current budget and shall thereafter be 
included in the annual General Appropriations Act.
SEC. 29. Separability Clause. -  If any section or part of this Act is held 
unconstitutional or invalid, the other sections or provisions not otherwise affected 
shall remain in full force and effect.
SEC. 30. 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, 24 and 25 of Executive Order No. 292 in relation to Article 2 of 
Republic Act No. 386, Memorandum Circular No. 78 dated 14 August 1964 
(Promulgating Rules Governing Security of Classified Matter in Government Offices), 
as amended, and Section 3, Rule IV of the Rules Implementing Republic Act 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) whichever comes first.
SEC. 31. Effectivity. -  This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation.
Approved,
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