Republic of the Philippine:
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

RECISTRATION UNIT
tie AND INDEX SERVICE
First Regular Session

2269

House Bill No.

Introduced by REP. KAKA BAG-AO and REP. HENRY OAMINAL

EXPLANATORY NOTE

Freedom of information, in the form of legislation, provides public access to data held by the
government. Such a law establishes and enables a concrete process to ensure that documents
containing information that is relevant to the public can be easily obtained, given certain
exceptions defined by law.

Article 19 of the Universal Declaration of Human Rights (UDHR) affirms the right to freedom of
opinion and expression, which includes the “freedom to receive and impart information.” In
most parts of the world, access to information is considered to be a prerequisite for
transparency and accountability in government. At least 95 countries have enacted various
forms of Freedom of Information laws.

The 1987 Constitution of the Republic of the Philippines provides for the State to adopt and
implement “a policy of full public disclosure of all its transactions involving public interest.”
Moreover, the Bill of Rights states that: “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.”

In the context of governance, it is essential for public officials and offices to gain and sustain
trust from citizens. A government that enjoys high trust from the people is able to carry out its
programs more effectively in order to hasten the process of reform.

This bill follows the structure of its predecessors and international counterparts, i.e. general
right of access to information, exceptions to access, procedure (including the creation of an FOT
manual, costs, refusal, and appeals), and administrative and criminal penalties. Its salient
provisions include the following:



»

Coverage ~ It provides a clear and wide scope, covering the executive, legislative and
judicial branches as well as constitutional bodies, government-owned or -controlled
corporations, state universities and colleges, military and law enforcement organizations,
and public financial institutions.

Exceptions — The bill clearly defines exceptions to the right to information, which covers
the following: national security and defense, foreign affairs, communications invoked by
the Executive as privileged, internal/external defense, law enforcement, border control,
drafts of orders or resolutions, Congressional executive sessions, unwarranted invasion
of privacy, trade secrets, privileged communications in legal proceedings, other
information exempted by law or the Constitution, and prematurely disclosed information
that causes public harm.

Procedure and Penalties - The proposed measure enumerates a uniform and efficient
process for government offices in providing access to information, which includes the
drafting of a Freedom of Information Manual. It also prescribes remedies when the
information requested is denied, as well as administrative and criminal liabilities.

Mandatory Disclosure — The bill mandates the online publication of relevant documents
of government offices on a monthly basis. This includes the FOI Manual and rules of
procedure, as well as public interest documents and records. Statements of assets,
liabilities, and net worth (SALNs) of the President, the Vice President, the members of
the Cabinet, the members of the Senate and the House of Representatives, the Justices
of the Supreme Court, the Commissioners of the Constitutional Commissions and other
constitutional offices, and the officers of the Armed Forces with the rank of general or
the equivalent flag rank shall also be published through the websites of their respective
offices.

Capacity-Building and Promotion of Best Practices - Government offices are mandated
to maintain a website with features that will fulfill their compliance of the FOI Law once
enacted. This must be accomplished within two years upon effectivity of the proposed
measure. They are also required to provide adequate training for their officials and
employees to strengthen the awareness of the citizens’ right to information and to be
updated of best practices in transparency. Furthermore, the National Computer Center
will be tasked to monitor the websites and give support for their development.

Reform Provisions - The current proposal in the House of Representatives include
provisions that are reform-oriented in such a way that they seek to further
institutionalize and improve transparency and accountability in government. These
include the following:


‘+ _institutionalization of record-keeping in public offices

‘+ tracking/documentation of information requests

+ publication of government information in the Open Data website

© translation of key information into major Filipino languages and presentation in
popular form and means

+ “release to one, release to all,” which means that once information has been made
available to an individual, it shall also be published in an appropriate website

+ integration of the right to information, the principles of accountability and
transparency, democracy and leadership, and good governance in the basic
education curriculum

It is important to note that the FOI Law is a measure that will benefit all Filipinos, not just any
single sector of society. While the government is currently spearheading programs that ensure
openness to the people, it is necessary for us to cement these reforms through a law that will
institutionalize mechanisms for transparency and accountability. FOI will eventually give rise to
a culture of citizen involvement that will be essential in our battle against corruption.

Ultimately, with the approval of this important piece of legislation, the trust of the public in
government will be assured and strengthened by the constructive partnership with citizens

through their informed participation in policy formulation and implementation.

In view of the foregoing, the passage of this me earnestly sought.

Lone District, Dinagat Islands amis Occidental


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session
2269

House Bill No.

Introduced by REP. KAKA BAG-AO

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

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 Freedom of Information
Act.”

SEC. 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. This right is indispensable to the exercise of the right of the people and their
organizations to effective and reasonable participation at all levels of social, political and
economic decision-making.

SEC. 3. Coverage. - This Act shall cover all government agencies, to refer to the executive,
legislative, and judicial branches as well as the constitutional bodies of the Republic of the
Philippines, including the national government and all its agencies, departments, bureaus,
offices and instrumentalities, constitutional commissions and constitutionally mandated bodies,
local governments and all their agencies, regulatory agencies, chartered institutions,
government-owned or -controlled corporations, including wholly-owned or controlled
subsidiaries, government financial institutions, state universities and colleges, the Armed Forces
of the Philippines, the Philippine National Police, all offices in the Congress of the Philippines
including the offices of Senators and Representatives, the Supreme Court and all lower courts
established by law.

SEC. 4. Definition of Terms. - As used in this Act:

a. Dataset refers to an organized collection of data in a variety of forms, including


tabular, geospatial, or image data files.

b. Information refers to data that have been processed into a record, document, paper,
report, letter, contract, minutes and transcripts of official meetings, maps, books,
photographs, data, research materials, in whatever form, or films, audio and video
recordings, magnetic or other tapes, electronic data, in whatever format, which are
made, received or kept in or under the control and custody of any government
agency pursuant to law, executive order, rules and regulations, ordinance, or in
connection with the performance or transaction of official business by any
government agency.

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

d. Official record refers to information produced or received by a public officer or
employee, or by a government agency in an official capacity or pursuant to a public
function or duty. This shall not refer to the stage or status of the information.

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

f. Public record refers to information required by law, executive orders, rules, or
regulations to be entered, kept, and made publicly available by a government
agency.

SEC. 5. Access to Information. - Every person who is a Filipino citizen has a right to and
shall, on request, be given access to any record under the control of a government agency.
Government agencies and public officials shall have the duty to disclose and make available for
scrutiny, copying, and reproduction in the manner provided by this Act, all information
pertaining to official acts, transactions, or decisions as well as government research data used
as a basis for policy development, subject to the exceptions enumerated under Section 7 of this
‘Act, regardless of their physical form or format in which they are contained and by whom they
were made.

SEC. 6. Presumption. ~ There shall be a legal presumption in favor of access to information.
The request for information may be denied only if it clearly falls under the exceptions provided
under this Act. Accordingly, government agencies shall have the burden of proving that the
information requested is exempted from disclosure.

SEC. 7. Exceptions. — Access to information shall be granted unless:

a. the information is specifically authorized to be kept secret under guidelines
established by an executive order, and properly classified pursuant thereto:
Provided, That 1) The information directly relates to national security or defense and
its revelation may cause grave damage to the national security or internal and
external defense of the State; or 2) The information requested pertains to the
foreign affairs of the Republic of the Philippines, when its 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 one or more States: and provided further, That the executive order
shall specify the reasonable period after which the information shall be automatically
declassified or be subject to mandatory declassification review, and that any
reasonable doubt as to classification and declassification shall be settled in favor of
the right to information;

the information consists of records of minutes and advice given and opinions
expressed during decision-making or policy formulation, invoked by the Chief
Executive to be privileged by reason of the impairment of the Chief Executive's
deliberative process that would result from the disclosure thereof. Once policy has
been formulated and decisions made, minutes and research data may be made
available for disclosure unless they were made in executive session;

the information requested consists of drafts of the following: orders, resolutions,
decisions, memoranda or audit reports by any executive, administrative, regulatory,
constitutional, judicial or quasi-judicial body in the exercise of their adjudicatory
and/or audit function;

the information requested is obtained by any committee of either House of Congress
in executive session;

the information requested pertains to trade secrets and commercial or financial
information or intellectual property obtained from a natural or juridical person other
than the requesting party, whenever the revelation thereof would seriously prejudice
the interests of such natural or juridical person in trade, industrial, 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 by law or the Constitution, in addition to
those provided in this section;

when prematurely disclosed, the information, would, in the case of a government
agency that regulates or deals with the commodities markets, currencies, interest
rates, securities, or financial institutions, likely lead to fraud, manipulation, or other
unlawful acts or schemes involving currencies, interest rates, securities, or, in the
case of other government agencies, likely frustrate the effective implementation of a
proposed official action: Provided, That the information shall be accessible once the
anticipated danger has ceased.

the information has already been made accessible as provided for in Section 12.

For paragraphs (c) to (k) of this section, the determination whether any of these grounds shall
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.


SEC. 8. Qualifications to the Exceptions. —

a. The exceptions in the preceding section shall be strictly construed;

b. The exceptions cannot be invoked to cover-up a crime, wrongdoing, graft, or
corruption;

c. Whenever the information covered by an exception may be reasonably severed from
a record, the record shall be released with the exempt information redacted, or the
information not covered by the exception shall otherwise be communicated to the
requesting party;

d. The President, the Supreme Court, the Senate, the House of Representatives, and
the Constitutional Commissions may waive an exception with respect to information
in the custody of offices under their respective supervision or control, when they
deem that there is an overriding public interest in disclosure; and

e. The exceptions do not constitute authority to withhold information from Congress,
nor authority for the executive branch of a local government unit to withhold
information from the legislative body of such local government unit.

SEC. 9. Mandatory Disclosure of Information. ~

a. In fulfillment of Article XI, Section 17 of the Constitution and subject to Section 5 and
Section 7 (f) of this Act, the websites of their respective offices shall provide to the
public, the Statement of Assets, Liabilities, and Net worth (SALN) on an annual basis of
the following national officials:

the President;

the Vice- President;

the Members of the Cabinet;

the Members of the Senate and the House of Representatives;

the Justices of the Supreme Court;

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

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

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

1. Freedom of Information Manual in full;

2. Rules of Procedure, 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;

3. Substantive rules of general applicability adopted as authorized by law, and
statements of general policy or interpretations of general applicability formulated
and adopted by the agency, including subsequent amendments;

4. Public interest documents or records, including:

i. Annual Budget of Government Agencies


li, Itemized Monthly Collections and Disbursement
ili, Summary of Income and Expenditures
iv. Component of the Internal Revenue Allotment (IRA) Utilization
v. Annual Procurement Plan and Procurement List
vi. Items for Bidding
Vii, Bid Results on Civil Works, and Goods and Services
viii. Abstract of Bids, as Calculated
ix, Procurement contracts entered into by a government agency
x. Construction or concession agreements or contracts entered into by a
government agency with any domestic or foreign person or entity;
xi. Private sector participation agreements or contracts in infrastructure and
development projects under Republic Act No. 6957, otherwise known as
the Philippine BOT Law, as amended by Republic Act No. 7718;
xii, Public funding extended to any private entity;
xiii, Bilateral or multilateral agreements and treaties in trade, economic
partnership, investments, cooperation and similar binding commitments;
xiv. List of persons or entities who were granted licenses, permits or
agreements for the extraction and/or utilization of natural resources given
by any government agency;
xv. Statement of Assets and Liabilities of the public officers of the
government agency; and
xvi. Guarantees given by any government agency to government-owned or -
controlled corporations and to private corporations, persons or entities.

The register shall contain a brief description of the transaction involved, including the
nature and object of the transaction, the parties and amounts involved, the key steps
undertaken towards its conclusion, and the relevant dates: Provided, That contracts and
agreements involving an amount of at least Fifty Million Pesos (P50,000,000.00) shall be
Published in full in the website of the concerned government agency or the Official
Gazette Online, subject to the succeeding section. A covered record shall be published in
the website not later than thirty (30) working days from its perfection or issuance.

c. All government agencies shall, over time, endeavor to build their capacity and practice
to publish in full all other contracts, agreements, or treaties covered under this Section,
specially those that are of the highest public interest by reason of the amounts involved
and the impact of the transaction to the public. All government agencies must ensure
that they have a compliant website within two (2) years from the effectivity of this Act.

d. Should an agency lack the capacity to comply with the website publication requirement
of this Section, the agency shall initiate a capacity-building program, coordinate with
another appropriate agency, or use an alternative mechanism, to facilitate substantive
compliance not later than three (3) years from the effectivity of this Act.

SEC. 10. Promotion of Openness in Government. ~
‘a. Duty to Publish Information — In conjunction with Republic Act 9485, or the Anti-Red

Tape Act of 2007, government agencies shall regularly publish, print and disseminate at
no cost to the public, in an accessible form, and through their website, timely, true,


accurate and updated key information, including:

1. a description of its mandate, structure, powers, functions, duties and decision-
making processes;

2. a description of the frontline services it delivers and the procedure and length of
time by which they may be availed of;

3. the names of its key officials, their powers, functions and responsibilities, and their
profiles and curriculum vitae;

4. work programs, development plans, investment plans, projects, performance
targets and accomplishments, and budgets, revenue allotments and expenditures;

5. important rules and regulations, orders or decisions: Provided, That they be
published within fifteen (15) calendar days from promulgation;

6. datasets generated in the implementation of agency mandates, programs, activities,
and projects such as statistics, figures, and geospatial data;

7. current and important database and statistics that it generates;

8. bidding processes and requirements; and

9. mechanisms or procedures by which the public may participate in or otherwise
influence the formulation of policy or the exercise of its powers.

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

SEC. 11. Capacity-Building, Promotion of Best Practices, and Continuous Updating of
Appropriate Use of Information Technology. - A\\ government agencies shall establish,
operate, and maintain a website with features that are compliant with all the provisions of this
Act, within two (2) years from the effectivity of this Act.

Every government agency shall ensure the provision of adequate training for its officials and
employees to improve awareness of the people's right to information on matters of public
concern and the provisions of this Act. Similarly, all government agencies shall endeavor to
study and adopt best practices in relation to information disclosure, records maintenance, and
archiving.

The National Computer Center shall monitor all government agency websites and provide
appropriate support for their development and ensure full compliance with the requirements of
this Act.

SEC. 12. Exemption from Compliance. - The government agency shall be excused from
complying with a subsequent identical or substantially similar request from the same requesting
party where it has previously complied with a request for information unless a reasonable
interval has lapsed between compliance with the previous request and the making of the
current request: Provided, That the government agency, in denying the request, complies with
Section 20 of this Act.

SEC. 13. Additional Protection of Privacy. — While providing for access to information in
public records, this Act also affords full protection of the right to privacy of individuals, as
follows:


a. a government agency must ensure that personal information in its custody or under its
control is disclosed only as permitted under this Act;

b. a government agency must protect personal information in its custody or under its
control by making reasonable security arrangements against such risks as unauthorized
access, collection, use, disclosure, or disposal;

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

SEC. 14, Administrative Liability. - It shall be tantamount to gross neglect of duty and shall
as a ground for administrative and disciplinary sanction against any public official or employee
who willfully and knowingly commits the following acts:

a. refusal to promptly forward the request under Section 18 of this Act to the public officer
within the same office or agency responsible for officially acting on the request when
such is the direct cause of the failure to disclose the information within the periods
required by this Act;

b. failure to act on the request within the periods required by this Act;

c. claim an exception under Section 7 of this Act when the claim is manifestly devoid of
factual or legal basis;

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

e. approval of policies, rules and regulations manifestly contrary to the provisions of this
Act, and which policies, rules and regulations are the direct cause of the denial of a
request for information.

SEC. 15. Criminal Liability. —

a. The following acts shall be subject to the penalty of imprisonment of not less than one
(1) month but not more than six (6) months, with the accessory penalty of dismissal
from service:

1. falsely denying or concealing the existence of information mandated for disclosure
under this Act; and

2. destroying, or causing to be destroyed, information and/or documents being
requested under this Act, for the purpose of frustrating the requesting party's
access thereto.

b. Any private individual who knowingly induces or causes the commission of the foregoing
acts shall be liable as principal by inducement in the prosecution of public officials or
employees under this section.

c. The acts under paragraph (a) of this Section, if proven in an administrative proceeding,


shall be subject to the penalty of dismissal, even if no criminal prosecution is instituted
against the person found liable.

SEC 16. Denial in Good Faith Not a Ground for Liability. — A denial in good faith of a
request for access to information made pursuant to the provisions of this Act shall not
constitute grounds for administrative or criminal liability.

SEC. 17. Freedom of Information (FOI) Manual. -

a. For the effective implementation of this Act, all government agencies shall prepare a
Freedom of Information (FOI) Manual, setting forth the following:

1.

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i.

the location and contact information of the head, regional, provincial and field
offices of the agency, and other established places where the public can obtain
information or submit requests;

the types of information it generates, produces, holds and/or publishes;

a description of its record-keeping system;

the person or office responsible for receiving requests for information;

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

the standard forms for the submission of request and for the proper
acknowledgement of the request;

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

the procedure for the administrative appeal of any denial for access to information;
the schedule of service or processing fees pertinent to a request for information;
the process and procedure for the mandatory disclosure of information under
Section 9 of this Act: Provided, That, should the agency lack the capacity to
comply with Section 9 of this Act, a brief description of its plan to facilitate
compliance within three (3) years from the approval of this Act; and

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

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

c. In no case shall the absence of the aforementioned FOI Manual be a reason for the
denial of any request for information made in accordance with this Act.

d. The heads of each of the departments and agencies may designate liaison units or
committees which shall coordinate with the other units of the agency in implementing
this Act. The composition, functions, and duties of these liaison units or committees
shall be included in the FOI Manual.

SEC. 18. Procedure of Access. -


. Any person who wishes to obtain information shall submit, free of charge, a request to
the government agency concerned personally, by mail, or through electronic means. A
person who is unable, because of illiteracy or disability, to make a written request for
information may make an oral request instead. The public officer who receives the oral
request shall reduce it to writing, indicating therein one's name and position within the
government agency, and give a copy thereof to the person who made the request. The
request shall state the name and preferred contact information of the requesting party,
and reasonably describe the information required, the reason for the request of the
information and the preferred means by which the government agency shall
communicate such information to the requesting party: Provided, That the stated reason
shall not be used as a ground to deny the request or to refuse the acceptance of the
request, unless the request is contrary to law. If the request is submitted personally, the
requesting party shall show a current identification document issued by any government
agency, or government or private employer or school, or a community tax certificate. If
the request is submitted by mail or through electronic means, the requesting party may
submit a photostatic or electronically scanned copy of the identification, or other
convenient means as determined by the agency.

. The public official receiving the request shall provide reasonable assistance, free of
charge, to enable all requesting parties and particularly those with special needs, to
comply with the requirements under this Section.

. The request shall be duly received by the concerned government agency, which shall
forthwith indicate the date and time of receipt and the name, rank, title and position of
the receiving public officer or employee who shall likewise affix one’s signature thereon,
and shall furnish the requesting party a copy thereof. In case the request is submitted
by electronic means, the government agency shall provide for an equivalent means by
which the requirements of this paragraph shall be met. Each government agency shall
establish a system by which the status of all requests for information received by it may
be verified at any time.

. 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 such preferred means would unreasonably interfere with
the effective operation of the agency, or if the agency has no capability in
communicating the information in the preferred format, or when the preferred format
may be detrimental to the preservation of the record,

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

|. 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 shalll pay the required access and processing fees.

i. If the information is not held by the government agency from which the request was
made, it shall notify the requesting party that it does not hold the information and
indicate which agency holds the record, if known. Whenever practicable, the agency
receiving the request may also cause the transfer of the request to the appropriate
agency that holds the information: Provided, That the period to comply with the request
under this Section shalll begin to run only upon the receipt of the agency to which the
request is transferred.

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

SEC. 20. Notice of Denial. - If the government agency decides to deny the request, in whole
or in part, it shall, as soon as practicable, and in any case within fifteen (15) working days from
the receipt of the request, notify the person making the request of such denial in writing or
through electronic means. The notice shall indicate the name, rank, title or position of the
person making the denial, clearly set forth the ground or grounds for denial and the
Circumstances on which the denial is based, and indicate available rights of reconsideration or
appeal. Failure to notify the person making the request of the denial, or of the extension, shall
be deemed a denial of the request for access to information,

SEC. 21. Remedies in Cases of Denial. —
a. In all government agencies other than the judicial branch —

1. A denial of a request for access to information may be appealed to the Head of
Agency, following the procedure required under Section 17 (a) (8) of this Act:
Provided, That the appeal must be filed within fifteen (15) calendar days from the
receipt of the notice of denial and must be decided within fifteen (15) calendar
days from filing. Failure to resolve the appeal within the aforementioned period
shall constitute a denial of the appeal.

2. A person denied access to information may file a verified complaint with the Office
of the Ombudsman, praying that the government agency concerned be directed to
immediately afford access to the information being requested. The Office of the
Ombudsman shall promulgate its special rules of procedure for the immediate
disposition of complaints filed pursuant to this Section. Unless restrained or
enjoined, the decision of the Office of the Ombudsman shall be immediately
executory, without prejudice to review in accordance with the Rules of Court.

10


3. A party whose request for information has been denied, whether or not such
decision has been appealed to the head of an agency, may file a verified petition
for mandamus in the proper court, alleging the facts with certainty and praying
that judgment be rendered, ordering the respondent immediately or at some other
time to be specified by the court, to disclose the information and to pay the
damages sustained by the requesting party by reason of the denial. The procedure
for such petition shall be summary in nature.

In resolving a complaint or petition brought under paragraphs (2) and (3) hereof, the
Ombudsman or the court is empowered to receive the information subject of a claim of
exception under Section 7 herein, and to examine them in camera to determine the
sufficiency of the factual and legal basis of such claim, when the sufficiency cannot be
reasonably determined through evidence and circumstances apart from the information.

b. In the Judicial Branch - The Judiciary shall be governed by remedies as promulgated by
the Supreme Court.

The remedies under this section shall be sought or granted without prejudice to any other
administrative, civil or criminal action covering the same act.

The remedies available under this Act shall be exempt from the rules on non-exhaustion of
administrative remedies and the application of the provisions of Republic Act No. 9285,
otherwise known as the Alternative Dispute Resolution Act of 2004.

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

SEC. 22. Keeping of Records. —

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

b. Government agencies, in coordination with the National Archives of the Philippines,
shall identify specific and classes of official records in their custody or control that have
continuing historical, administrative, informational, legal, evidentiary, or research value,
for preservation by such agencies or their legitimate successors, or for proper
documentation if and when the records are transferred to the National Archives of the
Philippines.

ul


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:

t.
2.

records pertaining to loans obtained or guaranteed by the government;

records of government contracts involving amounts Fifty Million Pesos (Php
50,000.00) or more, or related to infrastructure, public and private partnerships,
utilities, or other important projects;

the original Declarations under oath of the assets, liabilities and net worth of public
officers and employees submitted to the Office of the Ombudsman, as required by
law, and

records of official investigations pertaining to allegations of graft and corruption of
public officers,

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

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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;

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

identification of the specific roles and responsi
implementation of such system and schedule,

fies of agency personnel in the

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 in the Official Gazette or in digital or
online form, the following:

1.

2.

3.

4.

all laws of the Philippines and their amendments, from the period of the
Philippine Commission to the present;

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;

a database of all appointments and designations made by the President of the
Philippines; and

opinions rendered by the Secretary of Justice.

SEC 23. Publication in the Official Gazette. — For purposes of mandatory disclosure as
provided in Section 9 of this Act, the publication in the Official Gazette website shall be
considered official publication provided there shall be a timestamp in the said document.

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

a. All important legislative acts and resolutions of a public nature of the Congress of the
Philippines;

b. All executive and administrative orders and proclamations of general application;

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

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

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

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 denial of the right to
information under Article III, Section 7 of the 1987 Constitution.

SEC. 25. Publication of Government Data in the Open Data Philippines Website. - For
Purposes of enhancing the public's access to government information and abiding by the
Philippines’ international commitments to transparency and government openness, all
government agencies shall publish in the Open Data Philippines website, datasets generated in
the implementation of agency mandates, programs, activities, and projects. These datasets
shall be updated, whenever permissible, at least once in every quarter of every year.

The Open Data website shall be maintained and administered by an Open Data Task Force
under the Office of the President, or any such similar body designated by the President for this
Purpose.

For the purpose of making government data more accessible to the public, all datasets
published on the Open Data Philippines website and on LGU websites as mandated in Section 9
of this Act shall be, whenever practicable, of a machine-readable and open format.

SEC. 26. Tracking Requests for Information. - Websites of government agencies shall
contain a matrix of requests made, their status, and the decision regarding the request. The
matrix shall also contain links to uploaded information from approved requests. In such cases
where requests are denied, the matrix shall contain the reasons for denial and the status of the
appeal if such is done.

SEC. 27. Release to One, Release to All. - For purposes of streamlining requests for
information, once an information has been made available to an individual through a request for
information, the said dataset shall also be published in an appropriate website such as, but not
limited to, the Open Data Philippines website, Official Gazette website, Departmental website,

2B


or Local Government website thus allowing the public access to all information that has been
requested.

SEC 28. Integration of Freedom of Information (FOI) 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.

SEC 29. Annual Reports on Actions Taken on Requests for Access to Information. —
All government agencies shall prepare, for each fiscal year, a report on the number of requests
for information they received, processed, granted and denied; of appeals made from denials of
such requests; and of pending court actions they are a party to as result of such requests.
These reports may be integrated in the main annual reports of government agencies and may
be posted and published in their respective websites,

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

SEC 31. Separability Clause. ~ If any provision of this Act is declared unconstitutional, the
remainder of this Act or any provisions not affected thereby shall remain in full force and effect.

SEC 32. Repealing Clause. — A\| laws, decrees, executive orders, rules and regulations,
issuances or any part thereof inconsistent with the provisions of this Act, including Sections 18
‘on Operation and Effect of Laws, 24 and 25 on the Contents, Editing and Publications of the
Official Gazette, Book I, of Executive Order No. 292 or the Administrative Code of 1987 in
relation to Article 2 on Effect and Application of Laws of Republic Act No. 386 or the Civil Code,
Memorandum Circular No. 78 dated 14 August 1964 (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).

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

Approved,

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