us. OF
RECEIVED
10 AUG 2016

Queson City

SEVENTEENTH CONGRESS ae
First Regular Session SESSRATON ERIE

RVI

BILLS a0 INDEX S

HOUSE BILLNO,_ 2778 |

EXPLANATORY NOTE

No less than the 1987 Constitution has recognized every Filipino's right to
information. Article III, Section 7 of the Constitution states:

The right of the people to information on matters of public
concern shall be recognized. Access to official records, and
to documents and papers pertaining to official acts,
transactions, or decisions, as well as to government research
data used as basis for policy development, shall be afforded
the citizen, subject to such limitations as may be provided by
law.

The People's Responsible Right to Information Bill is one such major step in
actualizing this constitutional provision to enable citizens to access information in
areas of public concern. Indeed, the free and open exchange of information in a
democracy is necessary to enhance the transparency and accountability in
government official acts, transactions, and decisions.

The Supreme Court in a series of its decisions has consistently upheld the right to
information by every citizen. Speaking in the landmark case of Valmonte vs.
Belmonte, the Court held that "Open dialogue can be effective only to the extent that
the citizenry is informed and thus able to formulate its will intelligently. Only when the
participants in the discussion are aware of the issues and have access to information
relating thereto can such bear fruit.”

However, this bill takes into serious consideration the fact that information is power
and should therefore be held responsibly. It maintains respect to the strength of the
fundamental human right of privacy and of communication while ensuring the free
flow of information to promote innovation and growth

The last clause, Article III, Section 7 of the Constitution clearly provides that the right
to information of the people can be subject to some level of control to preclude abuse
and misuse of the information made available. Hence, to ensure that this right does
not go unbridled, this proposed measure seeks to strike a balance between the



people's right to information while putting in place reasonable mechanism of
regulation

This bill also takes into consideration the mandate of the newly created Department
of Information and Communications Technology to spearhead the capacity-building
of the various government bodies in implementing this Act and to continuously
monitor its meaningful enforcement. To accomplish the latter, a Congressional
Oversight Committee is likewise proposed to be created in order to conduct a sunset
review of this proposed measure to come up with remedial legislation when the need
arises.

This bill ikewise mandates every government agency to have a clear set of rules of
procedure in entertaining all the requests by a citizen, At the same time, the agencies
will be mandated to make readily available all information on their website or any
other medium subject to legal limitations

Compared to the earlier versions, this bill has included the officers of the Philippine
National Police and heads of GOCCs as among the government officials required to
make available their SALN available on their agencies’ official website. This version
likewise covers all employees regardless of Salary Grade into complying with the
requirements of the Act.

With our promise of a more transparent and accountable government to the people,
the immediate approval of this bill is earnestly sought.

L YU por

LUIS RAYMUND /LRAY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO,_ 2773

AN ACT IMPLEMENTING THE PEOPLE’S RESPONSIBLE RIGHT TO
INFORMATION AND THE CONSTITUTIONAL POLICIES OF FULL PUBLIC
DISCLOSURE AND HONESTY IN THE PUBLIC SERVICE AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as the "People’s Responsible
Right to Information Act of 2016."

SECTION 2. Declaration of 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, 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.

SECTION 3. Definition of Terms. — As used in this Act:

(a) "Information" shall mean any public and/or official record, document, paper,
report, letters, contract, minutes and transcripts of official meetings, maps,
books, photographs, data, research material, film, audio 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 form or kind with the government or a
government agency/office that utilizes public funds.

(e) “Personal information” shall refer to any information whether recorded in a
material form or not from which the identity of an individual is apparent or can be
reasonably and directly ascertained by the entity holding the information or when
put together with other information would directly and certainly identify an
individual

(f) "Sensitive personal information” shall refer to personal information

(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, passports, 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

SECTION 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, including wholly-owned or
controlled subsidiaries, government financial institutions, and state universities and
colleges

SECTION 5. Access to Information. — Every Filipino citizen has a right to and
shall, on request, be given access to any information of public concern under 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


SECTION 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.

The determination of the applicability of any of the exceptions to the request shall
be the responsibility of the Head of the Office which is in custody or control of the
information, public record or official record, or the responsible central or filed officer duly
designated by him in writing

In making such determination, the Head of the Office or his designated officer shall
exercise reasonable diligence to ensure that no exception shall be used or availed of to
deny any request for information or access to public records, or official records if the
denial is intended primarily and purposely to cover up a crime, wrongdoing, graft or
corruption.

SECTION 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

(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 an
individual or a government or a foreign agency or authority or any private
institution which is 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
(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 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 prejudice the
impartiality of verdicts or otherwise obstruct the administration of justice.

(f) The information requested is obtained by either House of Congress, or any
committee thereof, in executive session.

(g) The information requested pertains to the personal and sensitive information of a
natural person other than the requesting party, and its disclosure would constitute
an unwarranted invasion of his or her personal privacy, or the person is or was
an official or employee of a government agency and the information relates to his
other public function or the person has consented, in writing, to the disclosure of

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the information.

(h) 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.

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

The information requested is exempted from disclosure by the Constitution or by
law, including information protected under the Anti-money Laundering Law, as
amended, and the bank secrecy laws.

d

(k) 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
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.

The information has already been made accessible as provided in Sections 8(a),
9, 11, and 15 of this Act.

For paragraphs (c) to (k) of this section, the determination whether any of these
grounds shall apply shall be the responsibility of the head of office of the
government agency in custody or control of the information, or any responsible
central or field officer/s duly designated by him: Provided, That’

(1) The exceptions are strictly construed;

(2) The exceptions are not used to cover-up a crime, or any unlawful
activity;

(3) The President, the Supreme Court, the Senate, the House of
Representatives, and the Constitutional Commissions with a majority
vote of the body in accordance with their own rules of procedure when
applicable may waive an exception with respect to information in the
custody of offices under their respective supervision or control, when
they deem that there is an overriding public interest in disclosure;

(4) The exceptions do not constitute authority to withhold information from,
or limit the availability of records to congress, or any of its committees;

o


(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 person
requesting 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;

(m) 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.

SECTION 8. Mandatory Disclosure of Information. —

(a) In fulfillment of Article Xl, 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;

(5) Justices of Supreme Court;

(6) Members of Constitutional Commissions and other constitutional offices,

(7) Officers of the armed forces and Philippine National Police with general or
flag rank.

(8) Heads of government-owned or -controlled corporations, including wholly-
owned or controlled subsidiaries, government financial institutions, and
state universities and colleges.

(b) All agencies of all branches of government shall upload on their websites, which
shall be updated as often as practicable, 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;

(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 and 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.

Provided, that such information mandated to be posted on the official
website of the government agency must comply with the provisions of Section 10
of this Act in ensuring that the right to privacy of individuals is protected

SECTION 9. Openness and Transparency in Government Agencies. - Each
government agency shall make available upon the request of any citizen 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 and curriculum vitae;

(4) Audited financial statements, and budget and expenditure records;


(5) Statements of assets, liabilities and net worth of all public officials and heads of
office;

(6) Monthly income including allowances and sources of income of all public
officials and heads of office;

(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.

SECTION 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) Each government office shall ensure that personal information and sensitive
information in its custody or under its control is disclosed or released only if it is
material or relevant to the subject matter of the request and its disclosure is
permissible in accordance with this Act;

(b) A government agency must protect personal and sensitive information in its
custody or under its control by making reasonable security arrangements against
leaks or premature disclosure of personal information is requested, to vilification,
harassment or any other wrongful acts;

(c) An employee, officer or director of a government agency who has access,

8


whether authorized or unauthorized, to personal and sensitive information in the
custody of the agency, must not disclose that information except as authorized
under this Act

SECTION 11. People’s Responsible Right to Information Manual (Manual). —

(a) For the effective implementation of this Act, all government agencies shall
prepare a Manual. The Manual of each agency shall ensure that the right to
privacy is respected and every person or entity is protected from harassment
Within six (6) months from the effectivity of this Act, the Manual of each agency
must be made available indicating the following

(1) The location and contact information of the head, regional, provincial and field
offices, and other established places where the public can obtain government
information or submit requests;

(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 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;

(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 Manual

SECTION 12. Procedure of Access. —

(a) Any person who wishes to obtain information shall submit, free of charge, a
request to the government agency concerned personally, by mail, or through
electronic means. A person who is unable, because of illiteracy or due to being a
person with disability, to make a written request for information may make an oral
request, and the public official who receives the oral request shall reduce it to
writing, and include his name and position within the government agency, and
give a copy thereof to the person who made the request.

(b) Any person who requests access to information shall submit a written request to
the government office concerned. The request shall state the full name and
contact information of the requesting party, provide valid proof of his
identification or authorization, reasonably describe the information requested,
and the specific reason for, or purpose of, the request for information: 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 or is
one of the exceptions enumerated in this Act. Provided, further, that the
information requested shall be used solely for the purpose stated therein and its
use for any other purpose shall require the requesting person to submit another
request.

(©) 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.

(d) 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.

(c) 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.

() 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


(g) 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.

(h) 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

(i) Once a decision is made to grant the request, the person making the request
shall be notified of such and shalll 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 person requesting that it does not hold the information and shall
also cause the transfer of the request to the appropriate agency that holds the
information: Provided, That the period to comply with the request under this section
shall begin to run only upon the receipt of the agency to which the request is
transferred

SECTION 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 person requesting is an
indigent, or that the cost of reproduction is negligible, or that it is pursuant to a program
for proactive disclosure.

SECTION 14, One Stop Shop. - Each government agency is mandated to have a
one stop shop for the services made available by this Act. Each government agency
shall assign at least one employee who shall act as officer of the day and one
supervisor on matters that require the exercise of discretion

SECTION 15. Exemption from Compliance and Protection from
Administrative Abuse. — The government agency is excused from complying with a
subsequent identical or substantially similar request from the same requesting party
where it has previously complied with a request for information unless a reasonable
interval has lapsed between compliance with the previous request and the making of
the current request. The government agency is likewise excused from compliance if the
request or series of requests is patently meant to harass such agency into compliance
and/or is deliberately done to overburden the agency with such requests: Provided,
That the government agency complies with Section 16 of this Act

SECTION 16. 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

iW


SECTION 17. Remedies in Cases of Denial of 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

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) __ Incase the requesting party has limited or no financial capacity, the Public
Attorney's Office shall be mandated to provide legal assistance to the person requesting
in availing of the remedies provided under this Act.

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SECTION 18. Archival and Preservation of Records. —

(a) Government agencies shall create and/or maintain in appropriate formats,
accurate and reasonably complete documentation or records of their
organization, policies, transactions, decisions, resolutions, enactments, actions,
procedures, operations, activities, communications and documents received or
filed with them and the data generated or collected. These shall include working
files such as drafts or notes, whenever these have been circulated within the
agency for official purpose such as for discussion, comment or approval or when
these contain unique information that can substantially contribute to a proper
understanding of the agency organization, policies, transactions, decisions,
resolutions, enactments, actions, procedures, operations, and activities. This
likewise 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;

(b) The Department of Information and Communications Technology shall be
responsible for setting the standards for the file formats and the system of
archival and preservation of information to be used by all national and local
government agencies including Government Owned and Control Corporations
with or without original charter, in accordance with national laws, policies and
programs on E-Government;

(c) 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;

(d) 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;

(4) Records of official investigations pertaining to allegations of graft and
corruption of public officers;

(5) Government agencies shall prepare, following standards and period
promulgated pursuant to Republic Act No. 9470 or the National Archives
of the Philippines Act of 2007, a records management program that
includes the following

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(6) 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;

(7) 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

(8) A specification of the roles and responsibilities of agency personnel in the
implementation of such system and schedule.

(c) In addition to its function as repository of all rules and regulations issued by
agencies as provided under Book VII, Chapter Il 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) All presidential issuances from November 15, 1935 to the present
including, but not limited, to executive orders, presidential proclamations,
administrative orders, memorandum circulars, general orders, and other
similar issuances;

(3) A database of all appointments and designations made by the President
of the Philippines; and

(4) Opinions of the Secretary of Justice.

SECTION 19. Publication in the Official Gazette. - For purposes of mandatory
disclosure as provided in Section 8 of this Act, online publication in the Official Gazette
website shall be considered official publication provided there shall be a timestamp in
the said document.

For purposes of compliance with Article 2 of the Civil Code of the Philippines,
publication of the following in the online version of the Official Gazette, with the
corresponding timestamps on the document, shall be considered as official publication

(a) All legislative acts and resolutions of a public nature of the Congress of the
Philippines;

(b) All executive and administrative orders and proclamations of general application;
(c) Decisions or abstracts of decisions of the Supreme Court and the Court of

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Appeals or other courts of similar rank, as may be deemed by said courts of
sufficient importance to be so published:

(@) Such documents or classes of documents as the President shall determine from
time to time to have general application or which he may authorize to be
published. However, other documents or classes of documents as may be
required to be published by law, such as petitions and/or legal notices in
connection with land titles, naturalization or special proceedings shall continue to
be published in the print version of the Official Gazette or in any newspaper of
general circulation for purposes of compliance with the publication requirement.

SECTION 20. Capacity-Building and the Role of the Department of
Information and Communication Technology (DICT). —

Every government agency shall ensure the provision of adequate training for its
officials, and to keep updated as to best practices in relation to information disclosure,
records maintenance and archiving

The 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 compliance with the
requirements of this Act

The DICT shall endeavor to continuously develop, improve and update its
information technology system with a view to improving transparency and accessibility
of public information by lessening human interaction through E-Government.

SECTION 21. 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.

SECTION 22. 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;

(6) 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

SECTION 23. 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

(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 public official or employee who destroys, or causes to be destroyed,
information and/or documents being requested under this Act, for the purpose of
frustrating the requesting party's access thereto.

(c) 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

(d) 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.

(©) Any individual who divulged or released information covered under Section 7 of
this Act.

(0) 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. 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

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shall suffer, in addition to the penalties provided herein, the automatic revocation of their
license to operate.

SECTION 24. Penalty for Abuse of Released Information. — The abuse or
misuse of any information obtained through this Act, as a means to commit any felony
under the Revised Penal Code or to violate any special law, shall serve to increase the
penalty of the felony or the offense committed to its maximum.

SECTION 25. 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

SECTION 26. 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.

SECTION 27. Integration of Responsible Right to Information and Good
Governance in Elementary and Secondary Curriculum. - To ensure well-informed
generations of citizens, the right to information, the principles of accountability and
transparency, democracy and leadership, and good governance shall be integrated in
such subjects as Heyograpiya, Kasaysayan at Sibika (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.

SECTION 28. 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
meaningful implementation of this Act. The incentives and rewards may include, but not
limited to, social projects, grants-in-aid, national recognition, and similar entitlements.

SECTION 29. Implementing Rules and Regulations. — The Department of
Justice, Department of Information and Communications Technology, Department of
Science and Technology, Department of Finance, Department of Budget and
Management, National Economic and Development Authority, Department of National
Defense, Department of Foreign Affairs, Department of Public Works and Highway, Civil
Service Commission, Department of Education, Philippine Information Agency, the UP
Law Center, and representatives from civil society organizations and the private sector
shall issue the necessary rules and regulations for the effective implementation of this
Act within ninety (90) days after approval of this Act.

SECTION 30. Congressional Oversight Committee. - There is hereby created a
Congressional Oversight Committee to monitor and oversee the implementation of the
provisions of this Act. The Committee shall be composed of six (6) members from the
Senate and six (6) members from the House of Representatives with the Chairpersons
of the Committees on Public Information and Media of both the Senate and the House
of Representatives as joint Chairpersons of this Committee. The five (5) other members

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from each Chamber are to be designated by the Senate President and the Speaker of
the House of Representatives, respectively. The minority shall be entitled to pro rata
representation but shall have at least two (2) representatives from each Chamber.

SECTION 31. Reports. — 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 Report and its
posting and publication in their respective websites shall be considered as sufficient
compliance

SECTION 32, Sunset Review. — Within five (5) years after the effectivity of this
Act, or as the need arises, the Congressional Oversight Committee shall conduct a
systematic evaluation of the accomplishments and impact of this Act, as well as the
performance and organizational structure of the agencies for purposes of determining
remedial legislation

SECTION 33, 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.

SECTION 34. 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.

SECTION 35. 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

SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation, whichever
comes earlier.

Approved,

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