"~L 
. '1, • 
. \~~".'Rf: ~"t~l1{v 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regu'lar Session 
SEN!\.Ia 
S. No. 
£;! £;! 8 3 
~\'i':oer: IVfn '!lIN : _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
) 
The public's right to information on matters of public concern and access to official 
records pertaining to official acts and transactions are recognized to be principles of utmost 
importance in a free society. 
The Constitution, Article 14, Section 28 provides: 
Subject to reasonable conditions prescribed by law, the State adopts 
and implements a policy of full public disclosure of all its transactions 
involving public interest. 
and corollary thereto, Article 2, Section 7 states: 
The right of the people to information on matters of public concerns 
shall be recognized. Access to official records, and to documents, and 
papers pertaining to official acts, transactions, or decisions, as well as 
government research data used as basis for policy development, shall be 
afforded the citizen, subject to such limitations as may be provided by law. 
Pursuant to these constitutional dictates, this bill seeks the passage of legislation that 
will ensure that the State shall remain fully accountable to the people by: 
a) providing for disdosure of all government information in order to facilitate 
, informed public participation in policy formulation and promote transparency and 
fairness in government decision-making; and 
b) giving the people the right of access to information on matters involving public 
interest and/ or of public concern. 


This bill was originally filed by Sen. Rodolfo G. Biazon in the Fourteenth Congress. 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
F",', 'FI', U 1 q,:'\f : '''~"", 
Introduced by Senator Miriam Defensor Santiago 
'~ 
1 
AN ACT 
2 
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS 
3 
OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE THREE 
4 
OF THE 1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC 
5 
DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST 
6 
UNDER SECTION TWENTY-EIGHT, ARTICLE TWO OF THE 1987 CONSTITUION 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
7 
SECTION 1, Short Title, - This Act shall be known as the "Freedom of Information 
8 
Act", 
9 
SEC, 2, Declaration of Policy, - The State recognizes the right of the people to 
10 
information on matters of pnblic concem, and adopts and implements a policy of fnll public 
11 
disclosure of all its transactions involving public interest, subject to the procedures and 
12 
limitations provided by this Act This right is indispensable to the exercise of the right of the 
13 
people ana their organizations to effective and reasonable participation at all levels of social, 
14 
political and economic decision-making, 
15 
SEC, 3, Coverage, - This Act shall cover all govemment agencies as defined under 
16 
Section 4 of this Act, 
17 
SEC, 4, Definition CilTerms, - As used in this Act: 


I 
(a) "Information" shall mean any knowledge, record, document, paper, repoli, letters, 
2 
contract, minutes and transcripts of official meetings, maps, books, photographs, data, 
3 
research material, film, sound and video recordings, magnetic or other tapes, 
4 
electronic data, computer stored data, or any other like or similar data or material 
5 
recorded, stored or archived in whatever form or format, which are made, received or 
6 
kept in or under the control and custody of any government agency pursuant to law, 
7 
executive order, rules and regulations, ordinance or in connection with the 
8 
performance or transaction of official business by any government agency. 
9 
(b ),"Government agency" shall include the executive, legislative and judicial branches as 
1 0 
well as the constitutional bodies of the Republic of the Philippines including, but not 
II 
limited to, the national government and all its agencies, departments, bureaus, offices 
12 
and instrumentalities, constitutional commissions and constitutionally mandated 
13 
bodies, local governments and all their agencies, regulatory agencies, chartered 
14 
institutions, government-owned or -controlled corporations, including wholly-owned 
15 
or controlled subsidiaries, government financial institutions, state universities and 
16 
colleges, the Armed Forces Qf the Philippines, the Philippine National Police, all 
17 
offices in the Congress of the Philippines including the offices of Senators and 
18 
Representatives, the Supreme Court and all lower courts established by law. 
19 
( c) "Official records" shall refer to information produced or received by a public officer 
20 
or employee, or by a government agency in an official capacity or pursuant to a public 
21 
function or duty, and is not meant to be a stage or status of the infornlation. 
22 
(d) "Public records" shall include information required by law, executive orders, rules, or 
23 
regulations to be entered, kept and made publicly available by a government agency. 
24 
SEC. 5. Presumption. - There shall be a legal presumption in favor of access to 
25 
information. Accordingly, government agencies shall have the burden of proof of showing by 
2 


1 
clear and convincing evidence that the information re'quested is exempted from disclosure by 
2 
this Act. 
3 
SEC, 6, Access to Information, - Government agencies shall make available to the 
4 
public for scrutiny, copying and reproduction in the manner provided by this Act, all 
5 
information pertaining to official acts, transactions or decisions, as well as government 
6 
research data used as basis for policy development, regardless of their physical form or 
7 
format in which they are contained and by whom they were made, 
8 
SEC. 7, Exceptions, - SUbject to the qualifications set forth in Section 8 of this Act, 
9 
access to information may be denied when: 
10 
(a) The infonnation is specifically authorized to be kept secret under guidelines 
II 
established by an executive order, and in fact properly classified pursuant thereto: 
12 
Provided, That 1) The information directly relates to national defense and its 
13 
revelation will cause grave damage to the internal and external defense of the State; or 
14 
2) The information reqnested pertains to the foreign affairs of the Republic of the 
15 
Philippines, when its revelation unduly weaken the negotiating position of the 
16 
government in an ongoing bilateral or multilateral negotiation or seriously jeopardize 
17 
the diplomatic relations of the Philippines with one or more states with which it 
18 
intends to keep friendly relations: Provided, further, That the executive order shall 
19 
specify the reasonable period by which the information shall be automatically 
20 
declassified or subject to mandatory declassification review, and that any reasonable 
21 
doubt as to classification and declassification shall be settled in favor of the right to 
22 
information; 
23 
(b) The information requested pertains to internal and external defense and law 
24 
enforcement, when the revelation thereof would render a legitimate military or law 
3 


I 
enforcement operation ineffective, unduly compromise the prevention, detection or 
2 
suppression of a criminal activity, or endanger the life or physical safety of 
3 
confidential or protected sources or witnesses, law enforcement and military 
4 
personnel or their immediate families. Information relating to the details of the 
5 
administration, budget and expenditure, and management of the defense and law 
6 
'enforcement agencies shall always be accessible to the public; 
7 
(c) The information requested pertains to the personal information of a natural person 
8 
other than the requesting party, and 
its disclosure would constitute a clearly 
9 
unwalTanted invasion of his or her personal privacy, unless it forms part of a public 
10 
record, or the person is or was an official of a government agency and the information 
II 
relates to his or her public function, or the person has consented to the disclosure of 
12 
the information; 
13 
(d) The information requested pertains to trade, industrial, financial or commercial secrets 
14 
of a natural or juridical person other than the requesting party, obtained in confidence 
15 
by, and/or filed with a government agency, whenever the revelation thereof would 
16 
seriously prejudice the interests of such natural or juridical persou in trade, industrial, 
17 
financial or commercial competition, unless such natural or juridical person has 
18 
consented to the disclosure of the information; 
19 
(e) The information is privileged from production in legal proceedings by law or by the 
20 
Rules of Court, unless the person entitled to the privilege has waived it; 
21 
(f) The information requested is exempted by law or the Constitution, in addition to those 
22 
provided in this section; 
23 
(g) The information requested is obtained by any committee of either House of Congress 
24 
in executive session, whenever such information falls under any of the foregoing 
25 
exceptions; and 
4 


I 
(h) The infonnation requested consists of drafts of decisions by any executive, 
2 
administrative, judicial or quasi-judicial body in the exercise of their adjudicatory 
3 
functions whenever the revelation thereof would reasonably tend to impair the 
4 
impartiality of verdicts, or othelwise obstruct the administration of justice. 
5 
For letters (b) to (h) of this section, the detelmination whether any of these grounds 
6 
shall apply shall be the responsibility of the head of office of the government agency 
7 
in custody or control of the infonnation, or any responsible central or field officer/s 
8 
duly designated by him. 
9 
SEC. 8. Qualifications. - Even if the infonnation falls under the exceptions set forth in 
10 
the preceding section, access to information shall not be denied if: 
11 
(a) The information may be reasonably severed from the body of the information which 
12 
would be subject to the exceptions; 
13 
(b) Th'e public interest in the disclosure outweighs the hann to the interest sought to be 
14 
. protected by the exceptions; or 
IS 
(c) The requesting party is either House of Congress, or any of its Committees and the 
16 
disclosure is to be made in executive session, unless the disclosure will constitute a 
17 
violation of the Constitution. 
18 
SEC. 9. Procedure of Access. - (a) Any person who wishes to obtain infonnation shall 
19 
submit a request (0 the government agency concerned personally, by mail, or through 
20 
electronic means. The request shall state the name and preferred contact infonnation of the 
21 
requesting party, and reasonably describe the infotmation required, the reason for the request 
22 
of the infonnation and the preferred means by which the government agency shall 
23 
communicate such infolmation to the requesting party: Provided, That the stated reason shall 
24 
not be used as a ground to deny the request or to refuse the acceptance of the request, unless 
5 


such reason is contrary to law. If the request is submitted personally, the requesting party 
2 
shall show his current identification card issued by any government agency, or government or 
3 
private' employer or school, or a community tax certificate. If the request is submitted by mail 
4 
or through electronic means, the requesting party may submit a photostatic or electronically 
5 
scanned copy of the identification, or other convenient means as determined by the agency. 
6 
(b) The request shall be stamped by the government agency, indicating the date and 
7 
time of receipt and the name, rank, title and position of the receiving public officer or 
8 
employee with the corresponding signature, and a copy thereof furnished to the requesting 
9 
pmiy. In case the request is submitted by electronic means, the government agency shall 
10 
provide for an equivalent means by which the requirements of this paragraph shall be met. 
II 
( c) The request may indicate the following preferred means of communication: 
12 
(I) A true copy of the information in permanent or other form; 
13 
(2) An opportunity to inspect the information, using equipment normally available 
14 
to the government agency when necessary; 
IS 
(3) An opportunity to copy the information using personal equipment; 
16 
(4) A written transcript of the infOlmation contained in a audio or visual form; 
17 
(5) A transcript of the content of an information requested, in print, sound or 
18 
visual form, where such transcript is capable of being produced using 
19 
equipment normally available to the government agency; 
20 
(6) A transcript of the information from shorthand or codified form; or 
21 
(7) Other reasonable means or format. 
22 
(d) A government agency may communicate the information requested in a form other 
23 
than the preferred means whenever such preferred means would unreasonably interfere with 
24 
the effective operation of the agency, or be detrimental to the preservation of the record. 
6 


1 
( e) The government agency shall comply with such request within seven (7) working 
2 
days from the receipt thereof. 
3 
(t) The time limits prescribed in this Section for the production of the requested 
4 
information may be extended whenever there is a need for any of the following: 
5 
(1) To search for and collect the requested infonnation from field facilities or 
6 
other establishments that are separate from the office processing the request; 
7 
(2) To search for, collect and appropriately examine a voluminous amount of 
8 
separate and distinct infonnation which are demanded in a single request; 
9 
(3) Consultation, which shall be conducted in all practicable speed, with another 
10 
government agency or among two (2) or more components of the government 
11 
agency having substantial interest in the determination of the request; and 
12 
(4) To consider fortuitous events or other events due to force majeure or other 
13 
analogous cases. 
14 
(g) The govemment agency shall, in writing or through electronic means, notify the 
IS 
person making the request of the extension, setting forth the reasons for such extension and 
16 
the date when the information shaH be made available: Provided, That no such notice shall 
17 
specify a date that would result in an extension of more than fifteen (15) working days from 
18 
the original deadline. 
19 
SEC. 10. 
Access Fees. - Govemment agencies may charge a reasonable fee to 
20 
reimburse the actual cost of reproduction, copying or transcription and the communication of 
21 
the information requested. 
22 
SEC. II. Notice of Denial. - If the government agency decides to deny the request, in 
23 
whole or in part, it shall, within seven (7) working days from the receipt of the request, notify 
24 
the person making the request of such denial in writing or through electronic means. The 
7 


notice shall clearly indicate the name, rank, title or position of the person making the denial, 
2 
and the grounds for the denial. In case the denial is by reason of a claimed exception, the 
3 
denial shall also state clearly the legitimate aim or interest sought to be protected in the 
4 
confidentiality, and the facts and circumstances invoked showing the substantial harm to, or 
5 
frustration of, the legitimate aim or interest that will result in the disclosure of the information. 
6 
Failure to notify the person making the request of the denial, or of the extension, shall be 
7 
deemed a denial of the request for access to information. 
8 
SEC. 12. Implementation Requirements. - ( a) For the effective implementation of this 
9 
Act, all government agencies shall prepare a Freedom ofInformation Manual, with the end in 
10 
view of facilitating easy access to information, which shall include the following: 
11 
(1) The location and contact information of the head, regional, provincial and 
12 
field offices, and other established places where the public can obtain 
13 
information or submit requests; 
14 
(2) The types of information it generates, produces, holds and/or publishes; 
15 
(3) A description of its record-keeping system; 
16 
(4) The person or office responsible for receiving requests for information; 
17 
(5) -Ole procedure for the filing of requests personally, by mail, or through the 
18 
identified electronic means; 
19 
(6) The standard forms for the submission of request and for the proper 
20 
acknowledgement of the request; 
21 
(7) The process for the disposition of the request, including the routing of the 
22 
request to the person or office witb the duty to act on the request, the decision-
23 
making, and the grant or denial of access and its implementation; 
24 
(8) The procedure for the administrative appeal of any denial for access to 
25 
information; 
8 


(9) The schedule of fees; 
2 
(10) The process and procedure for the mandatory disclosure of information 
3 
under Section 14 of this Act; 
4 
(11) Should the agency lack the capacity to comply with Section 14(a) of this 
5 
Act, a brief description of its plan to facilitate compliance within three (3) 
6 
years from the approval of this Act; and 
7 
(12) Such other information, taking into consideration the unique characteristics 
8 
of an agency, that will help facilitate the effective implementation of this 
9 
Act. 
10 
(b) The Judiciary shall prepare a similar manual as directed by the Supreme Court; 
11 
( c) The foregoing information shall also be posted in its website and bulletin boards, 
12 
and shall be regularly updated; 
13 
(d) In no case shaH the absence of the aforementioned Manual be a reason for the 
14 
denial of any request for information made in accordance with this Act. 
15 
SEC. 13. Remedies in Cases of Denial. - (a) In all government agencies other than the 
16 
judicial branch-
17 
(I) Every denial of any request for access to information may be appealed to the 
18 
person or office next higher in authority, following the procedure mentioned 
19 
in Section 12(a) (8) of this Act: Provided, That the appeal must be filed 
20 
within fifteen (IS) calendar days from the notice of denial and must be 
21 
decided within fifteen (IS) calendar days from filing. Failure of the 
22 
government agency to decide within the aforestated period shall constitute a 
23 
denial of the appeal; and 
24 
(2) Instead of appealing or after the denial of the appeal, the person denied access 
25 
to information may file a verified complaint with the Office of the 
9 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
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 acconnt 
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 executory, without prejudice to review in accordance 
with the Rules of Court. 
(3) Instead of filing a 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 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. 
(4) In resolving a complaint or petition brought under the preceding paragraphs 
(2) and (3), the Ombudsman or tpe comt is empowered to receive the 
information subject of a claim of exception under Section 7 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. 
10 


(b) In the Judicial Branch - The Judiciary shall be governed by such remedies as 
2 
promulgated by the Supreme Court. 
3 
(c) The remedies under this section are without prejudice to any other administrative, 
4 
civil or criminal action covering the same act. 
5 
(d) The remedies available under this Act shall be exempt from the mles on non-
6 
exhaustion of administrative remedies and the application of the provisions of Republic Act 
7 
No. 9285, othcrwise known as the Alternative Dispute Resolution Act of 2004. 
8 
(e) In case the requesting party has limited or no financial capacity, the Public 
9 
Attorney's Office shall be mandated to provide legal assistance to the requester in availing of 
10 
the remedies provided under this Act. 
11 
SEC. 14. Mandatory Disclosure o/Transactions Involving Public Interest. -
12 
(a) Subject to Sections 7 and 8 of this Act, all government agencies shall upload on 
13 
their websites, which shall be regularly updated every fifteen (IS) days, all the steps, 
14 
negotiations and key government positions pertaining to definite propositions of the 
15 
govemment, as well as the contents of the contract, agreement or treaty in the following 
16 
transactions involving public interest: 
17 
(1) Compromise agreements entered into by a government agency with any 
18 
person or entity involving any waiver of its rights or claims; 
19 
(2) Private sector participation agreements or contracts in infrastructure and 
20 
development projects under Republic Act No. 6957, as amended by Republic 
21 
Act No. 7718, authorizing the financing, construction, operation and 
22 
maintenance of infrastructure projects; 
23 
(3) Procurement contracts entered into by a govemment agency; 
24 
(4) Construction or concession agreements or contracts entered into by a 
25 
govemment agency with any domestic or foreign person or entity; 
11 


2 
3 
4 
5 
6 
7 
8 
9 
10 
(5) Loans, grants, development assistance, technical assistance and programs 
entered into by a government agency with official bilateral or multilateral 
agencies, as well as with private aid agencies or institutions; 
(6) Loans from domestic and foreign financial institutions; 
(7) Guarantees given by any government agency to government-owned or -
controlled corporations and to private corporations, persons or entities; 
(8) Public funding extended to any private entity; 
(9) Bilateral or multilateral agreements and treaties in defense, trade, economic 
partuership, investments, cooperation and similar binding commitments; or 
(10) 
Licenses, pennits or agreements given by any government agency to 
II 
any person or entity for the extraction and/or utilization of natural resources. 
12 
A summary list of the foregoing infonnation uploaded in the website shall be posted 
13 
in (he bull~tin boards of the concerned government agency. 
14 
(b) The infonnation uploaded in the website nnder letter (a) of this Section may be 
IS 
withdrawn after a period of three (3) years from the time of uploading: Provided, That an 
16 
abstract of the infonnation withdrawn shall remain uploaded in the website, containing a brief 
17 
description of the h'ansaction and an enumeration of the information withdrawn, and 
18 
indicating the dates of posting and withdrawal. 
19 
(c) Should an agency lack the capacity to comply with letter (a) of this Section, the 
20 
agency shall initiate a capacity-building program, or coordinate with another appropriate 
21 
agency, to facilitate substantive compliance not later than three (3) years upon approval of 
22 
this Act. 
23 
SEC. IS. Keeping of Records. -
a) Government agencies shall create and/or maintain 
24 
in appropriate fonnats, accurate and reasonably complete documentation or records of their 
25 
organization, policies, transactions, decisions, resolution, enactments, actions, procedures, 
12 


operations, activities, communications, documents received or filed with them and the data 
2 
generated or collected. These shall include working files such as drafts or notes, whenever 
3 
these have been circulated wifuin the agency for official purpose such as for discussion, 
4 
comment or approval or when these contain unique information that can substantially 
5 
contribute to a proper understanding of the agency organization, policies, transactions, 
6 
decisions, resolutions, enactments, actions, procedures, operations, and activities; 
7 
b) Government agencies shall identify specific and classes of official records in their 
8 
custody or control that have continuing historical, administrative, infoffilational, legal, 
9 
evidentiary, or research valne for preservation by such agencies or their legitimate successors, 
10 
or for transfer to the National Archives of the Philippines. In addition, the National Archives 
1 I 
of the Philippines shall likewise identify specific and classes of official records that it shall 
12 
require agencies to preserve and transfer to it. 
13 
c) In addition to the specific and classes of official records indentified for preservation 
14 
under letter (b) of this Section, the following shall not be destroyed: 
15 
I) Records peltaining to loans obtained or guaranteed by the government; 
16 
2) Records of government contracts; 
17 
3) The declaration under oath of the assets, liabilities and net worth of public 
18 
officers and employees, as required by law; and 
19 
4) Records of official investigations on graft and corruption practices of public 
20 
officers. 
2 I 
d) Government agencies shall prepare, following standards and period promulgated 
22 
pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act of2007, a 
23 
records management programs that includes the following: 
13 


1) A records maintenance system for the creation, selection, classification, 
2 
indexing and filing of official records, that facilitates easy identification, retrieval and 
3 
commnnication of information to the pnblic; 
4 
2) A records maintenance, archival and disposition schedule providing a 
5 
listing of records under current use, for retention by the agency, for transfer to the National 
6 
Archives, or for destruction: Provided, That destmction of the official records may be 
7 
implemented only upon approval of the National Archives of the Philippines; and 
8 
3) A specifications of the roles and responsibilities of agency personnel in the 
9 
implementation of such system and schedule. 
I 0 
e) In addition to its function as repository of all rules and regulations issued by 
11 
agencies as provided under Book VII, Chapter II of the Administrative Code of 1987, the 
12 
University of the Philippines Law Center, in coordination with the National Printing Office as 
13 
the agency with exclusive printing jurisdiction over the Official Gazette, shall maintain a 
14 
database, and publish the same in print in Official Gazette or in digital or online form, the 
15 
following: 1) All laws of the Philippines and their amendments, from the period of the 
16 
Philippine Commission to the present; 2) All presidential issuances from November 15, 1935 
17 
to the present, including but limited, to executive orders, presidential proclamations, 
18 
administrative orders, memorandum circulars, general orders, and other similar issuances; 3) 
19 
A database of all appointments made by the President of the Philippines; and 4) Opinions of 
20 
the Secretary of Justice. 
21 
SEC. 16. Promotion o/Openness in Government. - (a) Duty to Publish InfOlmation-
22 
Government agencies shall regularly publish, print and disseminate at no cost to the pnblic 
23 
and in an accessible form, in conjunction with R.A. 9485, or the Anti-Red Tape Act of 2007, 
24 
and through their website, timely, bue, accurate and updated key information including, but 
25 
not limited to: 
14 


1 
2 
3 
4 
5 
6 
7 
8 
(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 
oftime 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, perfOlmance 
targets and 
accomplishments, 
and bndgets, 
revenne allotments and 
9 
expenditures; 
10 
(5) Important mles and regulations, orders or decisions: Provided, That they be 
II 
published within fifteen (15) calendar days from promulgation; 
12 
(6) Current and important database and statistics that it generates; 
13 
(7) Bidding processes and requirements; and 
14 
(8) Mechanisms or procedures by which the public may participate in or 
IS 
otherwise influence the formulation of policy or the exercise of its powers. 
16 
(b) Accessibility of Language and Form - Eveiy government agency shall endeavor to 
17 
translate key information into major Filipino langnages and present them in popular form and 
18 
means. 
19 
(c) Improving Capability - Every government agency shall ensure the provision of 
20 
adequate training for its officials to improve awareness of the right to information and the 
21 
provisions of this Act, and to keep updated of best practices in relation to information 
22 
disclosure, records maintenance and archiving. 
23 
SEC. 17. Criminal Liability and Administrative Liability. -
The penalty of 
24 
imprisonment of not less than one (1) month but not more than six (6) months shall be 
25 
imposed upon: 
15 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
(a) Any public officer or employee receiving the request under Section 9 of this Act 
who shall fail to promptly forward the request 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) Any public officer or employee responsible for officially acting on the request, 
who shall: 
(1) Fail, to act on the request within the periods required by this Act; 
(2) Knowingly deny the existence of existing infOlmation; 
(3) Destroy infonnation being requested for the purpose of frustrating the 
requester's access thereto; 
(4) Claim an exception under Section 7 of this Act, or under the 
Constitution, when the claim is manifestly devoid of factual basis; or 
(5) Refuse to comply with the decision of his immediate supervisor, the 
Ombudsman or the court ordering the release of information that is 
not restrained or enjoined by a court; 
(c) The head of office of the government agency directly and principally responsible 
for the negotiation and perfection of any of the transactions enumerated in Section 
14(a) of this Act, who shall knowingly refuse, to direct the mandatory posting or 
uploading of such transaction despite the agency capacity to implement such 
directive. The same penalty shall be imposed upon the public officer or employee 
who, despite a directive from the head of office, shall fail, to post or upload any of 
the transactions enumerated in Section 14(a) of this Act; 
(d) Any public officer or employee who shall destroy, or cause to destroy, records of 
information covered by Section 15(c) of this Act; 
16 


I 
(e) Any public officer who formulates policies, rules and regulations manifestly 
2 
contrary to the provisions of this Act, and which policies, rules and regulations are 
3 
the direct cause of the denial of a request for information; or 
4 
(f) Any public or private individual who knowingly induced or caused the 
5 
commission of the foregoing acts under this section. 
6 
The foregoing shall be without prejudice to any administrative liability of the offender 
7 
under existing laws and regulations. 
8 
SEC. 18. Act Not a Bar to Claim of Right to Information Under the Constitution. - No 
9 
provision of this Act shall be interpreted as a bar to any claim of denial of the right to 
10 
information under Article III, Section 7 of the 1987 Constitution. 
II 
SEC. 19. Separability Clause. - If, for any reason, any section or provision of this Act 
12 
is held unconstitutional or invalid, no other section or provision shall be affected. 
13 
SEC. 
20. Repealing Clause. -
All laws, decrees, executive orders, rules and 
14 
regulations, issuances or any part thereof inconsistent with the provisions of this Act, 
15 
including 'Memorandnm Circular No. 78 dated 14 August 1964 (Promulgating Rules 
16 
Governing Security of Classified Matter in Government Offices), as amended, and Section 3, 
17 
Rule IV of the Rules Implementing Republic Act No. 6713 (Code of Conduct and Ethical 
18 
Standards for Public Officials and Employees), are deemed repealed. 
19 
SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
20 
in at least two (2) national newspapers of general circulation. 
Approved, 
17