Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BILL No. _1450

—————

INTRODUCED BY DEOGRACIAS B. RAMOS, JR.

EXPLANATORY NOTE

The 1987 Constitution guarantees the right of the Filipino people to
information on matters of public concern (Art. III, Section 7). While this has
long been guaranteed by the fundamental law, existing laws on disclosure
fall short of complying with this basic right.

For the longest time, the Freedom of Information Bill has not been
given priority in both Houses of Congress to the dismay of our citizenry who
stand to benefit from this bill inasmuch as this will encourage transparency in
the conduct of the affairs of the government.

The people are expecting from their elected leaders that they will have
greater participation in good governance through easy access to information.
After all how would they know and understand the policy and decision making
of their public officials without the slightest data from government sources.

The right to information is our protection against government abuse, at
the same time that it is our power to make government accountable. But our
right to information requires a complementing legislation to ensure its clear
cut, full and predictable operation.

Thus, the passage of this Bill is earnestly sought.

DEOGRACTIAS' IOS, IR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

1459

HOUSE BILL NO.

INTRODUCED BY DEOGRACIAS B. RAMOS, JR.

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

Be 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 “Freedom of
Information Act of 2012.”

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 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.

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

(a)"Information” shall mean any record, document, paper, report, letters,
contract, minutes and transcripts of official meetings, maps, books,
photographs, data, research material, film, sound and video recordings,
Magnetic or other tapes, electronic data, computer stored data, 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 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)"Government agency” shall include the executive, legislative and
judicial branches as well as the 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

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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 including the offices of Senators and
Representatives, the Supreme Court and all lower courts established by
law.

(c)“Official Records” shall refer 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.

(d)"Public Records” shall include information required by law, executive
orders, rules, or regulations to be entered, kept and made publicly
available by a government agency.

SECTION 4. Access to Information. - Every person who is a Filipino has a
right to and shall, on request, be given access to any record under the control
of a government agency. Government agencies shall make available to the
Public 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 the Section 6 of this Act, regardless of
their physical form or format in which they are contained and by whom they
were made.

SECTION 5. Presumptions. 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.

SECTION 6. 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 in fact 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/may
unduly weaken the negotiation or seriously jeopardize the diplomatic
relations of the Philippines with one or more states. Provided further,
That the executive order shall specify the reasonable period after which
the information shall be automatically declassified or subject or subject
to mandatory declassification review, and that any reasonable doubt as
to classification and declassification shall be settled in favor of the right
information;

(b)The 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 sensitivity of the subject matter or of
the impairment of the Chief Executive's deliberate process that would
result from the disclosure thereof. Once policy has been formulated and

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decisions made, minutes and research date may be made available for
disclosure unless they were made in executive session;

(c) The information requested pertains to internal and/or external defense,
law enforcement, and border control, when disclosure thereof would:

()__unduly compromise or interfere with any legitimate military or
law enforcement operation, or

(ii) unduly compromise or interfere with the Prevention, detection or
Suppression of criminal activity, the effective implementation of
immigration controls and border security, or

(iii) deprive a person of a right to a fair trial or an impartial
adjudication, or

(iv) lead to the disclosure of the identify of a confidential source,
including a government, or foreign agency or authority or any
private institution which furnished information on a confidential
basis, and in the case of a record or information compiled by a
law enforcement authority in the course of an investigation or by
an agency conducting a lawful national security intelligence
investigation, information furnished by a confidential source, or

(v) disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for
law enforcement investigations or prosecutions if such disclosure
could reasonably be expected to risk circumvention of the law, or

(vi) endanger the life or physical safety of any individual.

(d) 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;

(e)The information requested is obtained by any Committee of either
House of Congress in executive session;

(f) The information requested pertains to the personal information of a
natural person other than the requesting party, and its disclosure would
clearly constitute an unwarranted invasion of his or her personal
Privacy, unless it forms part of a public record, or the person is or was
an official of a government agency and the information relates to his or
her public function or the person has consented in writing to the
disclosure of the information;

(g)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 seriously prejudice the interests

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of such natural or juridical person in trade, industrial, financial or
commercial competition;

(h)The information is classified as privileged communication in legal
proceedings by law or by the Rules of Court;

(i) The information requested is exempted by law or the Constitution, in
addition to those provided in this section;

(j) The information has already been made accessible as Provided for in
Section 10.

For letters (c) to (j) 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, wrongdoing, graft, or
corruption;

3. 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

4. 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
government unit.

SECTION 7. Mandatory Disclosure of Information. ~ (a) In fulfillment of
Article 11, Section 17 of the Constitution, the following national officials shall
Provide to the public their Statement of Assets, Liabilities and Net Worth
(SALN) on an annual basis on their official website:

(1)The President,

(2) The Vice-President,

(3)The Members of the Cabinet,

(4) The Congress,

(5)The Supreme Court,

(6)The Constitutional Commissions and other Constitutional offices,

(7)And officers of the Armed Forces with general or flag rank.


(b) All agencies of all branches of government shall upload on their websites,
which shall be updated monthly, a register of the following:

(i)
(ii)

(iii)

(iv)

Freedom of Information Manual in full;

Rules of Procedure, description of forms available or the places at

which forms may be obtained, and instructions as to the scope and

contents of all papers, reports, or examinations;

Substantive rules of general applicability adopted as authorized by

law, and statements of general policy or interpretations of general

applicability formulated and adopted by the agency, including
subsequent amendments;
Public interest 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 IRA Utilization;

(5)Annual Procurement Plan and Procurement List;

(6)Items to Bid;

(7)Bid Results on Civil Works, and Goods and Services;

(8)Abstract of Bids as Calculated;

(9)Procurement Contracts entered into by a government agency;

(10) Construction or concession agreements or contracts
entered into by a government agency with any domestic or
foreign person or entity;

(11) __ 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;

(12) Public funding extended to any private entity;

(13) _ Bilateral or multilateral agreements and treaties in trade,

economic partnership, investments, cooperation and_ similar
binding commitments;


(14) _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;

(15) Statement of Assets and Liabilities and Net worth of public
officers of any government agency;

(16) 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, but not limited to; the nature and object of transaction, the parties
and amount 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 (P 50,000,000.00) shall be uploaded in
full on the website of the concerned government agency or the Official
Gazette Online subject to the succeeding section. A covered record shall be
enrolled in the register not later than 30 working days from its perfection or
issuance.

(©) 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, especially those that are of the highest public
interest by reason of the amounts involved and the impact of the transaction
to the public. All the government agencies must ensure that they have a
complaint website within (2) years from the effectivity of this Act.

(d) Should an agency lack the capacity to comply with the website uploading
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.

SECTION 8. Promotion of Openness in Government. - (a) Duty to
Publish Information - Government agencies shall regularly publish, print and
disseminate at no cost to the public and in an accessible form, in conjunction
with Republic Act 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)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)Current and important database and statistics that it generates;
(7) Bidding processes and requirements; and

(8)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.

(c) Improving Capability - Every government agency shall ensure the
provision of adequate training for its officials to improve awareness of the
right to information and the provisions of this Act, and to keep updated as to
best practices in relation to information disclosure, records maintenance and
archiving.

SECTION 9. Coverage - This Act shall cover all government agencies as
defined under Section 3 of this Act.

SECTION 10. Exemption from Compliance. 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,
Provided that; the government agency complies with Section 18 of this Act.

SECTION 11. 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.


SECTION 12. Administrative Liability. - The acts enumerated in this
Section shall be tantamount to gross neglect of duty and shall constitute
grounds for administrative and disciplinary sanction against any public official
or employee who willfully and knowingly commits the following:

(a) Refusal to promptly forward the request under Section 16 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 requests within periods required by this Act;

(c) Refusal to comply with the decision of his immediate supervisor, the
Ombudsman, or of any court ordering the release;

(d) 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.

SECTION 13. Criminal Liability. - (a) Any public official or employee who
falsely denies or conceals the existence of information mandated for
disclosure under this Act shall be liable for the crime of removal, concealment
or destruction of documents as defined under Article 226 of the Revised Penal
Code;

(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, shall be liable for the
crime of removal, concealment or destruction of documents as defined under
Article 226 of the Revised Penal Code;

(c) Any private individual who knowingly 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.

SECTION 14. Mere Denial Not a Ground for Liability. - A mere denial in
good faith of a request made pursuant to the provisions of this Act shall not
constitute grounds for administrative sanction or criminal liability.

SECTION 15. Implementation Requirements. - (a) For the effective
implementation of this Act, all government agencies shall prepare a Freedom
of Information Manual, setting forth the following:

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

(2)The types of information it generates, produces, holds and/or publisjes;

(3)A description of its record-keeping system;

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(4) The person or office responsible for receiving request 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
acknowledgement 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 7 of this Act; Provided that, should the
agency lack the capacity to comply with Section 7 of this Act, a brief
description of its plan to facilitate compliance within three (3) years
from the approval of this Act; and

(11) Such other information, taking into consideration the unique
characteristics of an agency, that will help facilitate the effective
implementation of this Act.

(b) The foregoing information shall also be posted in its website and bulletin
boards, and shall be regularly updated;

(c) 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.

(d) 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 set out in the Implementing Rules of this Act and
shall be included in the Freedom of information Manual.

SECTION 16. Procedure of Access. — (a) Any person who wishes to obtain
information shall submit 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. 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

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information to the requesting party: Provided, That the stated reason shall not
be used as ground to deny the request or to refuse the acceptance of the
request, unless such reason is contrary to law. If the request is submitted
personally, the requesting party shall show his current identification card
issued by any government agency, or government or private employer or
school, or a community tax certificate. If the request is submitted by mail or
through electronic means, the requesting party may submit a photostatic or
electronically scanned copy of the identification, or other convenient means as
determined by the agency.

(b) 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.

(d ) As 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, the agency
has no capability in communicating the information in the preferred format or
be detrimental to the preservation of the record.

(e) 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.

(f) 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.

(g) Once a decision is made to grant the request, the person making the
request shall be notified of such and pay the required access and processing
fees.

SECTION 17. 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.

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SECTION 18. 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 shalll clearly set forth the ground or grounds for denial and
the circumstances on which the denial is based. 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.

SECTION 19. Remedies in Cases of Denial. - (a) In all government
agencies other than the judicial branch -

(1)Every denial of a request for access to information may be appealed to
the Head of Agency, following the procedure mentioned in Section 15
(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)Instead of appealing or after the denial of the appeal, the 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. Such complaint shall be resolved by the Office of the
Ombudsman within sixty (60) calendar days from filing, or earlier when
time is of the essence, taking into account such factors as the nature of
the information requested, context of the request, public interest and
danger that the information requested will become moot. 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 decisions of the Office of the
Ombudsman shall be immediately executor, without prejudice to review
in accordance with the Rules of Court.

(3) Instead of filing complaint with the Office of the Ombudsman, whenever
a request for information is denied originally or on administrative
appeal, the requesting party may file a verified petitions 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 denial. The procedure for such petition shall be summary
in nature.

(4)In resolving a complaint or petition brought under the preceding
paragraphs (2) and (3), the Ombudsman or the court is empowered to
receive the information subject of a claim of exception under Section 6
herein and examine then 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.

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

(c) The remedies under 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 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.

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

SECTION 20. Keeping 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;

(b) Government agencies shall identify specific and classes of official records
in their custody or control that have continuing historical, administrative
informational, legal, evidentiary, or research value for preservation by such
agencies or their legitimate successors, or for transfer to the National Archives
of the Philippines. In addition, the National Archives of the Philippines shall
likewise identify specific and classes of official records that it shall require
agencies to preserve and transfer to it.

(c) In addition to the specific and classes of official records identified for
preservation under letter (b) of this Section, the following shall not be
destroyed:

(1)Records pertaining to loans obtained or guaranteed by the
Government;

(2)Records of Government contracts;

(3)The declaration under oath of the assets, liabilities and net worth of
public officers and employees, as required by law; and

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


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

(1)A records maintenance system for the creation, selection,
classification, indexing and filing of official records that facilitates the
easy identification, retrieval and communication of information to
the public;

(2)A records maintenance, archival and disposition schedule providing
a listing of records under current use, for retention by the agency,
for transfer to the National Archives, or for destruction: Provided,
That destruction of the official records may be implemented only
upon approval of the National Archives of the Philippines; and

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

(e) In addition to its function as repository of all rules and regulations issued
by agencies as provided under Book VII, Chapter II of the Administrative
Code of 1987, the University of the Philippines Law Center shall, in
Coordination with the Office of the President which has exclusive editorial and
printing jurisdiction over the Official Gazette, and with other relevant
agencies, maintain database, and publish the same in print in 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 21. Publication in the Official Gazette. For purposes of
mandatory disclosure as provided in Section 7 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 important legislative acts and resolutions of a public nature of the
Congress of the Philippines;

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(b) All executive and administrative orders and proclamations of general
application;

(c) Decisions or abstracts of decisions of the Supreme Court and the
Court of Appeals or other courts to 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.

SECTION 22. 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.

SECTION 23. Separability Clause. - If any section or part of this Act is held
unconstitutional, no other section or provision shall be affected.

SECTION 24. 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.

SECTION 25. Effectivity. - This Act shall take effect (15) days after its
publication in at least two (2) national newspapers of general circulation.