Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

3603

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
MANDATING THE GOVERNMENT TO PROVIDE ACCESS TO
INFORMATION ON FOOD AND OTHER BASIC COMMODITIES
TO GUARANTEE THE RIGHT OF THE PEOPLE TO
AFFORDABLE FOOD AND ADEQUATE FOOD SUPPLY,
PRESCRIBING GUIDELINES THEREFOR, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE

Access to food is a fundamental human right. Each government therefore
must take steps to ensure an adequate food supply and to keep the same
affordable.

In order to reinforce and guarantee the right of the people to affordable
food and adequate food supply, the government must be transparent in all its
transactions involving food and basic commodities. Indeed, government
transparency in food information is a step towards reinforcing the right of the
people to affordable food and food security The people have the right to know
the factors that influence food supply and prices. Access to official information,
records, documents and papers pertaining to official acts, processes,
transactions and decisions by the government, as well as government research
and data, relative to food and food security, would help ensure transparency and
accountability. Transparency on alll information on food and food security would
help prevent collusion and cartel, serve as a check against over-importation of
basic commodities such as rice and com, and aid in the collection of tariffs per
metric ton.


This bill seeks to adopt and implement a policy of full public disclosure of
all government transactions involving food and basic commodities, consistent
with the Constitutional right of the people to information on all matters of public
concem, by requiring all government bodies, specifically, but not limited to, the
Department of Agriculture and Department of Trade and Industry, to grant written
requests for information on food and food supply. and prescribing the penalty in
the event of violations thereof. The bill also requires the Department of
Agriculture to publish all relevant information on the importation of basic food
commodities, such as rice and com, as well as to maintain records and a
database containing said information

In view of the foregoing, the immediate enactment of this measure is
eamestly sought

DIOSDADO MACAPAGAL ARROYO aman ARROYO
Second District, Camarines Sur Second District, Pampanga

v


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No.__ 3603

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
MANDATING THE GOVERNMENT TO PROVIDE ACCESS TO
INFORMATION ON FOOD AND OTHER BASIC COMMODITIES
TO GUARANTEE THE RIGHT OF THE PEOPLE TO
AFFORDABLE FOOD AND ADEQUATE FOOD SUPPLY,
PRESCRIBING GUIDELINES THEREFOR, AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Affordable Food
Transparency Act of 2010.”

SECTION 2. Declaration of Policy. - The State recognizes as a matter of
policy the fundamental right of the people to affordable food and adequate food
supply. The State therefore acknowledges its obligation in ensuring the steady
supply of food and other basic commodities, as well as maintaining transparency
in all its transactions relative thereto, and in preventing any and all forms of
collusion and cartel that would restrict the people's access to affordable food and
adequate food supply. In order to reinforce the right of the people to affordable
food and adequate food supply, the State shall adopt and implement a policy of
full public disclosure of all government transactions involving food and basic
commodities, consistent with the Constitutional right of the people to information
on all matters of public concern.

To guarantee the people’s fundamental human right to affordable food and
food supply, the State shall afford to citizens, non-government organizations


(NGO), civil society groups, and other private entities 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, except for such information affecting national security or foreign
diplomatic relations.

SECTION 3. Definition of Terms. -

(a)

(b)

(©)

(a)

(e)

“Basic commodities” for purposes of this Act includes: rice;
corn; bread; fresh, dried and canned fish and other marine
products, fresh pork, beef and poultry meal; fresh eggs;
fresh and processed milk; fresh vegetables; root crops;
coffee; sugar; instant noodles; salt;

“Government body” shall mean any Executive, specifically,
but not limited to, the Department of Agriculture (DA) and
Department of Trade and Industry (DTI), Legislative, Judicial
or Constitutional body of the Government of the Republic of
the Philippines, including local government units, the Armed
Forces of the Philippines and the Philippine National Police,
government financial institutions and government-owned and
controlled corporations, whether created by its own charter
or by registration with the Securities and Exchange
Commission (SEC), and all such other entities where the
government has substantial interest in

“Information” shall mean all documents, papers, letters,
minutes and transcripts of official meetings, maps, books,
photographs, films, sound and video recordings, magnetic or
other tapes, electronic data processing records, computer
stored data, electronic mail messages, or any other like or
similar data or material, 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 body
pursuant to law, executive order, rules and regulation,
ordinance or in connection with the performance or
transaction of official business by any government body.

“Requesting person” shall mean a natural person, whether
on his own or as a representative of another natural person
or a juridical person, who.makes a request to obtain, have a
copy of or have access to information from any government
body as defined in this Section.

“Trade secret” shall mean any information, including a
formula, pattern, compilation, program, device, product,


method, technique or process, that is used, or may be used,
in business or for any commercial advantage; derives
independent economic value, actual or potential, from not
being generally known to the public or to persons who can
obtain economic value from its disclosure or use; is the
subject of reasonable efforts to prevent it from becoming
generally known, and the disclosure of which would result in
harm or improper benefit.

SECTION 4. Publication of Importation Permits. — \n the spirit of
transparency and accountability, the Department of Agriculture shall cause the
publication of the following information on importation permits that it has granted
for basic commodities, such as rice, corn, and sugar:

(a) | Name and address of importer, whether a natural or juridical
entity;

(b) Name and address of supplier from whom importation is
sourced;

(c) Country of origin of the import per shipment;
(d) Date of contract of import;
(e) Date of arrival of import per shipment;

(f) Schedule, cargo or vessel, and maximum tonnage per
shipment;

(g) Contracted and actual volume of import per shipment;
(h) Specification of import per shipment:

(i) Contracted price of import per shipment;

(i) Value or cost of import per volume and for each source;
(k) Mode of purchase of import per shipment;

() Drop-off points or ports per shipment shipment; and

(m) Such other information that may be necessary to ensure a
complete and proper inventory of imported rice and corn.


The Department of Agriculture shall also prepare, keep and maintain
records and a database containing the above-enumerated information which
shall be made readily available to the public.

SECTION 5. Coverage and Limitations. All information, as herein defined,
which are in the custody or under the control of a government body shall be
made accessible and available for public scrutiny, copying and reproduction,
except when:

(a) The information pertains to personal information on a third
party natural person, but only when its revelation would
constitute a violation of an individual's right against self-
incrimination, including, but not limited to, records or
information covered by attorney-client or doctor-patient
relationship;

(b) The information has been specifically authorized to be kept
secret of considered classified in the interest of national
security by the President through an Executive Order duly
published in the Official Gazette and in at least two (2)
newspapers of general circulation, subject to the following
provisions:

(i) | The Supreme Court may, upon complaint by any
citizen, inquire into the sufficiency of the factual basis
for the President's determination;

(i) Such information shall be reviewed every five (5)
years by the head of the appropriate agency
concerned for purposes of declassification and
making available to the public; and

(ii) Such information shall finally be deemed declassified
and open to the public after a period of fifteen (15)
years from the date of publication of the said
Executive Order in the Official Gazette or in a
newspaper of general circulation, whichever was first.

(c) The information is maintained by law enforcement agencies
for criminal law enforcement, or, relates to the detection and
investigation of crime, including those maintained on any
individual or compiled in the course of a criminal
investigation by any iaw enforcement agency: Provided that
the disclosure of such public record or information:


(a)

() Could reasonably be expected to interfere with the
prevention, detection, suppression, or investigation of
any criminal activity or with law enforcement
operations;

(i) Would deprive a person of a right to a fair trial or an
impartial adjudication;

(i) Could reasonably be expected to constitute an
unwarranted invasion of personal privacy;

(iv) Could reasonably be expected to disclose the identity
of a confidential source, including a foreign agency or
authority, or any private institution which furnished
information on a confidential basis, or the information
furnished by a confidential source;

(v) Would disclose techniques and procedures for law
enforcement investigations or prosecutions, or would
disclose guidelines for law enforcement investigations
or prosecutions;

(vi) Could reasonably be expected to endanger the life or
physical safety of any individual, harm the security of
any property or system, including a building; or

(vii) Could harm the security of any property or system,
including, but not limited to, a building, vehicle,
computer or communications system: Provided,
however, that records or information relating to the
administration, management and direction of a law
enforcement agency shall be public.

The information is maintained by the Department of Foreign
Affairs and other relevant government bodies on another
sovereign state, and the disclosure of such records or
information could reasonably be expected to jeopardize the
diplomatic relations of the Government of the Republic of the
Philippines with the said sovereign state: Provided, that
treaties, trade agreements, contracts between agencies
and/or government-owned and controlled corporations, and
implementing agreements, annexes, side letters and other
such documents and records pertaining to or related to the
same, and any other documents pertaining to dealings
entered inte by, the Government of the Republic of the
Philippines with another sovereign State and binds the


(e)

In cases where access is requested to a portion of a record or information
that is exempt from disclosure pursuant to this Act, the public shall have the right
of access to the remainder of the record: Provided, that the exempt portion of the
record can be reasonably separated, severed, deleted or concealed from the

record

Government to uphold such transactions under international
and local law, shall not be covered by this exception;

The information pertains to trade secrets and commercial or
financial information obtained from a person, firm, of
corporation which is of a privileged or confidential nature; or

The information is exempted from disclosure by another law
or by the Rules of Court, including, but not limited to,
information considered as privileged communication or
gathered by any government body in closed or executive
session.

Nothing in this Act shall, however:

(a)

(b)

(o)

(a)

(e)

SECTION 6. Procedure for Access. — Any person who seeks to obtain, have
a copy of or have access to any information shall file a request in writing, as

authorize the withholding of information from, or limit the
availability of records to, Congress or any of its committees;

affect the power of any court, tribunal, investigative body, or
any government body exercising quasi-judicial functions to
compel a witness to testify or to compel the production of
documents;

limit the information otherwise available by law to a party to
litigation including a civil, criminal or administrative
proceeding;

prohibit the transfer, storage or destruction of any record
pursuant to law, decree, order, ordinance or rules and
regulations;

prevent access to records maintained in a public office for
the purpose of providing the public access to information; or

restrict disclosure of information for the purpose of an
investigation or prosecution of a criminal case or a case of
graft and corruption.


much as practicable, to the government body concerned, reasonably describing
the information being sought, and stating details on how he could be contacted
by the said government body.

The government body shall comply with the said request within two (2)
working days after the receipt of the request, or within a reasonable period of
time mutually agreed upon by the requesting person and the government body's
employee concerned, but not to exceed five (5) working days.

The time for compliance may, with due notice to the requesting person, be
extended by the head of the government body to a period not exceeding fifteen
(15) days if

(a) The requesting person failed to give enough details about
the information or record sought to be obtained

(b) A large number of records is sought to be obtained in a
single request, or when it has received voluminous requests,
that compliance within the prescribed period under this Act
would unreasonably interfere with its operations;

(c) The request requires search and collation of records from its
field offices;

(d) Additional time is needed to consult with another
government body having material or substantial interest in
the determination of the request; and

(e) There are fortuitous events or other events from force
majeure, or other analogous cases.

SECTION 7. Payment of Reasonable Fees. — Copies or reproductions of
information, whether in print or electronic media, may be obtained by the
requesting person whose request has been approved upon payment of a
reasonable fee which shali not exceed the actual cost of reproduction plus a
reasonable margin not exceeding ten percent (10%): Provided, that proceeds
from the reproduction fees charged shall be used exclusively for the purchase
and maintenance of equipment and supplies required to produce copies or
reproductions of the said records.

Upon request, the government body shall provide a detailed itemization of
the costs charged for the reproduction. No government body may, however,
require the advanced payment of any reproduction fee.

SECTION 8. Transfer of Request. ~ If the government body to which the
request was filed determines that the information being sought is not in its


custody or control, it shall, within two (2) days, notify the requesting person of the
same, through writing or other contact channels that the requesting person has
provided, and shall then either: 1) transmit the said request to the government
body which has the possession or custody of the information being sought; or 2)
provide the requesting person with a referral letter, signed by its head and
addressed: to the head of the government body which has the possession or
custody of the information being sought.

The government body receiving of such transmittal or referral letter shall
then act on such request in the manner set forth in Section 5 hereof.

SECTION 9. Denial of Request. — If the government body decides to deny
the request, in whole or in part, it shall within two (2) working days from the
receipt of the request notify the requesting person of such denial in writing,
signed by the head of the government body, and the specific grounds for the
denial and the corresponding legal basis, as allowed in Section 4 hereof.

SECTION 10. Remedies to Compel Disclosure. — Every denial of any
request for access to information may be appealed before the Office of the
Ombudsman by filing, within fifteen (15) days from receipt of a letter of denial, a
prayer for the disclosure of the information being sought.

If the Office of the Ombudsman upholds such denial or fails to act on such
prayer within sixty (60) days, the requesting person may then file a verified
petition for mandamus before the Regional Trial Court with jurisdiction over the
government body's office receiving the request for information. A decision of the
court granting the request for information shall be subject to the proper judicial
remedies available to the affected government body, following the procedure
provided under the Rules of Court.

Nothing in this Section shall prejudice any other available administrative,
civil or criminal remedy.

SECTION 11. Mandatory Disclosure of Food Information. — Each
government body that possesses any significant information that affects food
supply and prices shall readily disseminate the same to the public and regularly
update said information. The means of disclosure and dissemination of such
information shall include, but not be limited to: (a) manuals, pamphlets,
brochures, bulletins, posters, announcements, or any other printed collaterals, for
distribution or for posting by the government body concerned in conspicuous
places in its central and field offices; and (b) electronically uploading of such
information on its website

SECTION 12. Mandatory Disclosure for Public Interest. - Any government
body which is in possession or has knowledge of any information, not otherwise
declared classified or exempt pursuant to this Act, about the existence of a factor


or risk significant to food supply and prices, or which clearly affects public’s right
to affordable food and adequate food supply, shall without delay disclose such
information to the public.

SECTION 13. Penal Provisions. — Any official or employee of the
government body which has possession of any significant information on food
supply and prices found guilty by final judgment of the proper court of denying
access to information, or parts thereof, without a valid legal ground as provided
for in this Act, or who shall knowingly release false and/or misleading information,
shall be punished with a fine of not less than Twenty Thousand Pesos
(P20,000.00) but not more than Forty Thousand Pesos (P40,000.00), and/or
imprisonment of not less than one (1) year but not more than three (3) years,
including all the accessory penalties provided by law, upon the discretion of the
court.

Any official or employee who shall fail to respond to a request due to
negligence, or fail to meet the time limits for response set forth in this Act, without
reasonable reasons for such, shall be punished with a fine of not less than Ten
Thousand Pesos (P10,000.00) but not more than Twenty Thousand Pesos
(P20,000.00), and/or imprisonment of not less than six (6) months but not more
than one (1) year, including all the accessory penalties provided by law, upon the
discretion of the court.

Any official or employee who shall deliberately and knowingly refuse, or
because of negligence fail, to update any information his or her office is required
to disclose under Section 10 of this Act shall be penalized administratively with
suspension from service, without play, of at least six (6) months but not more
than one (1) year. A subsequent offense shall cause his dismissal from service.

SECTION 14. Implementing Guidelines. - Each government body shall,
within sixty (60) days from the effectivity of this Act, promulgate guidelines
specifying the office, and employees from whom, and the methods and process
whereby, the public may request access to or obtain information which are kept
in or held under its custody or control.

SECTION 15. Reports. — On or before March 1 of each calendar year, each
government body shall submit a report covering the preceding year to the
Speaker of the House of Representatives and President of the Senate for referral
to the appropriate committees of Congress. The report shall include:

(a) A copy of the implementing guidelines and rules crafted by
such government body in the implementation of this Act;

(b) A copy of the reproduction fee schedule under Section 6 of
this act, the total proceeds collected from such fees and the
use of such proceeds by the government body;


(c) The number of determinations made by such government
body to refuse the requests for information made to such
government body under Section 8, the reasons for such
determination;

(d) The names and titles or positions of officials responsible for
the refusal of requests under this Act, and the number of
instances of participation of each;

(e) The number of refused requests wherein the requesting
person sought remedies before the Office of the
Ombudsman or before the regular courts, and the names
and titles or positions of officials concemed in these cases;

(f) A copy of the information disclosed by the government body
pursuant to Section 10 of this act, including a description of
the collaterals, whether print or electronic, used in the
dissemination of the said disclosed information.

(g) A summary of other initiatives made by the government
body, whether or not mandated by this Act or any other law,
that sought to enhance and assist the implementation of this
Act: and

(h) Such other information which the government body deems
as necessary to disclose in relation to the implementation of
this Act.

The Office of the Ombudsman shall submit an annual report on or before
March 1 of each calendar year, listing the number of cases filed before it under
Section 9 of this Act and the disposition of each case. The Solicitor General shall
likewise submit an annual report on or before March 1 of each calendar year,
listing the number of cases filed before the regular courts under Section 9 of this
Act, the disposition of each case, the names and positions or titles of the officials
penalized and the penalties assessed.

SECTION 16. Oversight Committee. — For the effective implementation of
this Act, there shall be a Congressional Oversight Committee consisting of five
(5) members each from the Senate and House Representatives, which shall be
composed of the Chairpersons and members of the Committees on Agriculture,
Trade and Commerce, and Justice and Human Rights of both the Senate and
House of Representatives, which shall meet bi-annually to oversee its
implementation. The Congressional Oversight Committee shall be jointly chaired
by the Chairpersons of the Committees on Agriculture and Trade and Commerce
of the Senate and House and Representatives and shall be jointly vice-chaired


by the Chairpersons of the Committees on Justice and Human Rights of the
Senate and House and Representatives.

SECTION 17. Separability Clause. — \f for any reason, any part, section or
provision of this Act shall be heid unconstitutional or invalid, no other part,
section or provision shall be affected thereby.

SECTION 18. Repealing Clause. - All laws, decrees, executive orders,
rules and regulations, issuances or any parts thereof inconsistent with the
provisions of this Act are deemed repealed or amended accordingly.

SECTION 19. Effectivity Clause. - This Act shall take effect immediately
after its publication in at least two (2) national newspapers of general circulation.

Approved,