4
EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHIUPPINES 
)
First Regular Session 
)
S E N A T E  
S. No. 
5 1 1
•; . .rcinrp
"! 16 A 9 -01
Introduced 
Senator PIA S. CAYETANO
AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON 
MATTERS 
OF 
PUBLIC 
CONCERN 
GUARANTEED 
UNDER 
THE 
1987 
PHILIPPINE CONSTITUTION, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Section 28, Article II of the 1987 Constitution provides that, "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."
This is strengthened by Section 7, Article III which provides that, "the right of 
the people to information on matters of public concern shall be recognized. Access 
to official records, 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."
This right to information is not limited to making government open and 
accountable but the "right to know" is also indispensable to the exercise of the 
related freedoms of speech, of expression, and of the press, as well as the right of 
the people and their organizations to effective and reasonable participation at all 
levels of social, political and economic decision-making. Evidently, the people's right 
to information is an indispensable element of a functioning democracy.


This bill seeks to enable free access to official information by citizens based 
on the principles of maximum disclosure and open, accountable and transparent 
government. The only exception is when the disclosure of such information would 
jeopardize other prerogatives of the government, namely, the protection of the 
privacy of individual rights, national security, public order and safety, foreign 
diplomatic relations and intellectual property rights and trade secrets.
Executive Order (EO) No. 1 was signed on July 24, 2016. The EO states that 
every Filipino shall have access to information, records, and documents of all 
national and local government agencies under the executive branch. This bill seeks 
to strengthen what is already in the said EO and this administration's stalwart efforts 
to fight graft and corruption.
In view of the foregoing, the passage of this measure is earnestly urged.
PIA SI CAY^ANO


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
S E N A T E  
S. No. 
5 1 1
i:- 
'
• t ,  
• ' o f  i l l . ’
•19 
JUL 16 
A 9:01
Rrcc'iVCD t;
Introduced by Senator PIA S. CAYETANO
AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON 
MATTERS 
OF 
PUBLIC 
CONCERN 
GUARANTEED 
UNDER 
THE 
1987 
PHILIPPINE CONSTITUTION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. — This Act shall be known as the "Freedom of
2 
Information Act."
3 
Sec. 2. Declaration o f Policy. -  The State recognizes the right of the people to
4 
information on matters of public concern, and adopts and implements a policy of full
5 
public disclosure of all its transactions involving public interest, subject to the
6 
procedures and limitations provided by this Act. This right is indispensable to the
7 
exercise of the right of the people and their organizations to effective and
8 
reasonable participation at all levels of social, political, and economic decision-
9 
making.
10 
Sec. 3. Coverage. -  This Act shall cover all government agencies as defined
11 
under Section 4 of this Act.
12 
Sec. 4. Definition o f Terms. -  As used in this Act:
13 
(a) 
"Information" shall mean any knowledge, record, document,
14 
paper, report, letters, contract, minutes and transcripts of official
15 
meetings, maps, books, photographs, data, research material, film,
16 
sound and video recordings, magnetic or other tapes, electronic data,
17 
computer stored data, or any other like or similar data or material
18 
recorded, stored or archived in whatever form or format, which are


1 
made, received or kept in or under the control and custody of any
2 
government agency pursuant to law, executive order, rules and
3 
regulations, ordinance or in connection with the performance or
4 
transaction of official business by any government agency,
5 
(b) 
"Government agency" shall include the executive, legislative,
6 
and judicial branches as well as the constitutional bodies of the Republic
7 
of the Philippines including, but not limited to, the national government
8 
and all its agencies, departments, bureaus, offices and instrumentalities,
9 
constitutional commissions and constitutionally mandated bodies, local
10 
governments and all their agencies, regulatory agencies, chartered
11 
institutions, government-owned or -controlled corporations, including
12 
wholly-owned 
or 
controlled 
subsidiaries, 
government 
financial
13 
institutions, state universities and colleges, the Armed Forces of the
14 
Philippines, the Philippine National Police, all offices in the Congress of
15 
the Philippines including the offices of Senators and Representatives, the
16 
Supreme Court and all lower courts established by law.
17 
(c) 
"Official records" shall refer to information produced or received
18 
by a public officer or employee, or by a government agency in an official
19 
capacity or pursuant to a public function or duty, and is not meant to be
20 
a stage or status of the information.
21 
(d) 
"Public records" shall include information required by law,
22 
executive orders, rules, or regulations to be entered, kept and made
23 
publicly available by a government agency.
24 
Sec. 5. Presumption. -  There shall be a legal presumption in favor of access
25 
to information. Accordingly, government agencies shall have the burden of proof to
26 
show, by clear and convincing evidence, that the information requested is exempted
27 
from disclosure by this Act.
28 
Sec. 6. Access to Information. -  Government agencies shall make available
29 
to the public for scrutiny, copying, and reproduction in the manner provided by this
30 
Act, all information pertaining to official acts, transactions or decisions, as well as
31 
government research data used as basis for policy development, regardless of their
32 
physical form or format in which they are contained and by whom they were made.


1 
Sec. 7. Exceptions. -  Subject to the qualifications set forth in Section 8 of this
2 
Act, access to information may be denied when:
3 
(a) 
The information is specifically authorized to be kept secret under
4 
guidelines established by an executive order, and in fact, properly classified pursuant
5 
thereto: Provided, That 1) The information directly relates to national defense and
6 
its revelation will cause grave damage to the internal and external defense of the
7 
State; or 2) The information requested pertains to the foreign affairs of the Republic
8 
of the Philippines, when its revelation will unduly weaken the negotiating position of
9 
the government in an ongoing bilateral or multilateral negotiation or seriously
10 
jeopardize the diplomatic relations of the Philippines with one or more states with
11 
which it intends to keep friendly relations: Provided, further. That the executive
12 
order shall specify the reasonable period by which the information shall be
13 
automatically declassified or subject to mandatory declassification review, and that
14 
any reasonable doubt as to classification and declassification shall be settled in favor
15 
of the right to information;
16 
(b) 
The information requested pertains to internal and external defense
17 
and law enforcement, when the revelation thereof would render a legitimate military
18 
or law enforcement operation ineffective, unduly compromise the prevention,
19 
detection or suppression of a criminal activity, or endanger the life or physical safety
20 
of confidential or protected sources or witnesses, law enforcement and military
21 
personnel or their immediate families. Information relating to the details of the
22 
administration, budget and expenditure, and management of the defense and law
23 
enforcement agencies shall always be accessible to the public;
24 
(c) 
The information requested pertains to the personal information of a
25 
natural person other than the requesting party, and its disclosure would constitute a
26 
clearly unwarranted invasion of his or her personal privacy, unless it forms part of a
27 
public record, or the person is or was an official of a government agency and the
28 
information relates to his or her public function, or the person has consented to the
29 
disclosure of the information;
30 
(d) 
The information requested pertains to trade, industrial, financial or
31 
commercial secrets of a natural or juridical person other than the requesting party,
32 
obtained in confidence by, and/or filed with a government agency, whenever the


1 
revelation thereof would seriously prejudice the interests of such natural or juridical
2 
person in trade, industrial, financial or commercial competition, unless such natural
3 
or juridical person has consented to the disclosure of the information;
4 
(e) 
The information is privileged from production in legal proceedings by
5 
law or by the Rules of Court, unless the person entitled to the privilege has waived
6 
it;
7 
(f) 
The information requested is exempted by law or the Constitution, in
8 
addition to those provided in this section;
9 
(g) 
The information requested is obtained by any committee of either
10 
House of Congress in executive session, whenever such information falls under any
11 
of the foregoing exceptions; and
12 
(h) 
The information requested consists of drafts of decisions by any
13 
executive, administrative, judicial or quasi-judicial body in the exercise of their
14 
adjudicatory functions whenever the revelation thereof would reasonably tend to
15 
impair the impartiality of verdicts, or otherwise obstruct the administration of justice.
16 
For letters (b) to (h) of this section, the determination whether any of these
17 
grounds shall apply shall be the responsibility of the head of office of the
18 
government agency in custody or control of the information, or any responsible
19 
central or field officer/s duly designated by him.
20 
Sec. 8. Qualifications. -  Even if the information fails under the exceptions set
21 
forth in the preceding section, access to information shall not be denied if:
22 
(a) 
The information may be reasonably severed from the body of the
23 
information which would be subject to the exceptions;
24 
(b) 
The public interest in the disclosure outweighs the harm to the interest
25 
sought to be protected by the exceptions; or
26 
(c) 
The requesting party is either House of Congress, or any of its
27 
Committees and the disclosure is to be made in executive session, unless the
28 
disclosure will constitute a violation of the Constitution.
29 
Sec. 9. Procedure o f Access. -  (a) Any person who wishes to obtain
30 
information shall submit a request to the government agency concerned personally,
31 
by mail, or through electronic means. The request shall state the name and
32 
preferred contact information of the requesting party, and reasonably describe the


1 
information required, the reason for the request of the information and the preferred
2 
means by which the government agency shall communicate such information to the
3 
requesting party: Provided, That the stated reason shall not be used as a ground to
4 
deny the request or to refuse the acceptance of the request, unless such reason is
5 
contrary to law. If the request is submitted personally, the requesting party shall
6 
show his current identification card issued 
by any government agency, or
7 
government or private employer or school, or a community tax certificate. If the
8 
request is submitted by mail or through electronic means, the requesting party may
9 
submit a photostatic or electronically scanned copy of the identification, or other
10 
convenient means as determined by the agency.
11 
(b) The request shall be stamped by the government agency, indicating the
12 
date and time of receipt and the name, rank, title and position of the receiving
13 
public officer or employee with the corresponding signature, and a copy thereof
14 
furnished to the requesting party. In case the request is submitted by electronic
15 
means, the government agency shall provide for an equivalent means by which the
16 
requirements of this paragraph shall be met.
17 
(c) 
The 
request 
may 
indicate 
the 
following 
preferred 
means of
18 
communication:
19 
(1) A true copy of the information in permanent or other form;
20 
(2) An opportunity to inspect the information, using equipment normally
21 
available to the government agency when necessary;
22 
(3) An opportunity to copy the information using personal equipment;
23 
(4) A written transcript of the information contained in audio or visual
24 
form;
25 
(5) A transcript of the content of an information requested, in print,
26 
sound or visual form, where such transcript is capable of being
27 
produced using equipment normally available to the government
28 
agency;
29 
(6) A transcript of the information from shorthand or codified form; or
30 
(7) Other reasonable means or format.
31 
(d) A government agency may communicate the information requested in a
32 
form other than the preferred means whenever such preferred means would


1 
unreasonably interfere with the effective operation of the agency, or be detrimental
2 
to the preservation of the record.
3 
(e) The government agency shall comply with such request within seven (7)
4 
working days from the receipt thereof.
5 
(f) The time limits prescribed in this Section for the production of the
6 
requested information may be extended whenever there is a need for any of the
7 
following:
8 
(1) 
To search for and collect the requested information from field
9 
facilities or other establishments that are separate from the office processing
10 
the request;
11 
(2) 
To search for, collect, and appropriately examine a voluminous
12 
amount of separate and distinct information which are demanded in a single
13 
request;
14 
(3) 
Consultation, which shall be conducted in all practicable speed,
15 
with another government agency or among two (2) or more components of
16 
the government agency having substantial interest in the determination of the
17 
request; and
18 
(4) 
To consider fortuitous events or other events due to force
19 
majeure or other analogous cases.
20 
(g) The government agency shall, in writing or through electronic means,
21 
notify the person making the request of the extension, setting forth the reasons for
22 
such extension and the date when the information shall be made available:
23 
Provided, That no such notice shall specify a date that would result in an extension
24 
of more than fifteen (15) working days from the original deadline.
25 
Sec. 10. Access Fees. -  Government agencies may charge a reasonable fee to
26 
reimburse the actual cost of reproduction, copying or transcription and the
27 
communication of the information requested.
28 
Sec. 11. Notice o f Denial. -  If the government agency decides to deny the
29 
request, in whole or in part, it shall, within seven (7) working days from the receipt
30 
of the request, notify the person making the request of such denial in writing or
31 
through electronic means. The notice shall clearly indicate the name, rank, title or
32 
position of the person making the denial, and the grounds for the denial. In case the


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20 
21 
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24
25
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1
denial is by reason of a claimed exception, the denial shall also state clearly the 
legitimate aim or interest sought to be protected in the confidentiality, and the facts 
and circumstances invoked showing the substantial harm to, or frustration of, the 
legitimate aim or interest that will result in the disclosure of the information. 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. 
12. 
Implementation 
Requirements. 
-  
(a) 
For 
the 
effective 
implementation of this Act, all government agencies shall prepare a Freedom of 
Information Manual, with the end in view of facilitating easy access to information, 
which shall include the following:
(1) 
The location and contact information of the head, regional, provincial 
and field offices, and other established places where the public can obtain 
information or submit requests;
(2)
publishes;
(3)
(4)
(5)
The types of information it generates, produces, holds and/or
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;
(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, 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 14 of this Act;
(11) 
Should the agency lack the capacity to comply with Section 14(a) of 
this Act, a brief description of its plan to facilitate compliance within three (3) 
years from the approval of this Act will suffice; and


1 
(12) 
Such 
other information, taking 
into consideration the 
unique
2 
characteristics of an agency, which will help facilitate the effective
3 
implementation of this Act.
4 
(b) The Judiciary shall prepare a similar manual as directed by the Supreme
5 
Court;
6 
(c) The foregoing information shall also be posted in its website and bulletin
7 
boards, and shall be regularly updated;
8 
(d) In no case shall the absence of the aforementioned Manual be a reason
9 
for the denial of any request for information made in accordance with this Act.
10 
Sec. 13. Remedies in Cases o f Denial. -  (a) In ail government agencies other
11 
than the judicial branch-
12 
(1) 
Every denial of any request for access to information may be
13 
appealed to the person or office next higher in authority, following the
14 
procedure mentioned in Section 12(a) (8) of this Act: Provided, That the
15 
appeal must be filed within fifteen (15) calendar days from the notice of
16 
denial and must be decided within fifteen (15) calendar days from filing.
17 
Failure of the government agency to decide within the aforestated period
18 
shall constitute a denial of the appeal; and
19 
(2) 
Instead of appealing or after the denial of the appeal, the
20 
person denied access to information may file a verified complaint with the
21 
Office of the Ombudsman, praying that the government agency concerned be
22 
directed to immediately afford access to the information being requested.
23 
Such complaint shall be resolved by the Office of the Ombudsman within sixty
24 
(60) calendar days from filing, or earlier when time is of the essence, taking
25 
into account such factors as the nature of the information requested, context
26 
of the request, public interest and danger that the information requested will
27 
become moot. The Office of the Ombudsman shall promulgate its special
28 
rules of procedure for the immediate disposition of complaints filed pursuant
29 
to this Section. Unless restrained or enjoined, the decisions of the Office of
30 
the Ombudsman shall be immediately executory, without prejudice to review
31 
in accordance with the Rules of Court.


1 
(3) 
Instead of filing a complaint with the Office of the Ombudsman,
2 
whenever a request for information is denied originally or on administrative
3 
appeal, the requesting party may file a verified petition for mandamus in the
4 
proper court, alleging the facts with certainty and praying that judgment be
5 
rendered ordering the respondent, immediately or at some other time to be
6 
specified by the court, to disclose the information and to pay the damages
7 
sustained by the requesting party by reason of the denial. The procedure for
8 
such petition shall be summary in nature.
9 
(4) 
In resolving a complaint or petition brought under the preceding
10 
paragraphs (2) and (3), the Ombudsman or the court is empowered to
11 
receive the information subject of a claim of exception under Section 7 herein
12 
and examine then in camera to determine the sufficiency of the factual and
13 
legal basis of such claim, when such sufficiency cannot be reasonably
14 
determined through evidence and circumstances apart from the information.
15 
(b) In the Judicial Branch -  The Judiciary shall be governed by such remedies
16 
as promulgated by the Supreme Court.
17 
(c) The remedies under this section are without prejudice to any other
18 
administrative, civil or criminal action covering the same act.
19 
(d) The remedies available under this Act shall be exempt from the rules on
20 
non-exhaustion of administrative remedies and the application of the provisions of
21 
Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of
22 
2004.
23 
(e) In case the requesting party has limited or no financial capacity, the Public
24 
Attorney's Office shall be mandated to provide legal assistance to the requester in
25 
availing of the remedies provided under this Act.
26 
Sec. 14. Mandatory Disclosure o f Transactions Involving Public Interest —
27 
(a) Subject to Sections 7 and 8 of this Act, all government agencies shall upload on
28 
their websites, which shall be regularly updated every fifteen (15) days, all the
29 
steps, negotiations, and key government positions pertaining to definite propositions
30 
of the government, as well as the contents of the contract, agreement or treaty in
31 
the following transactions involving public interest:


1 
(1) 
Compromise agreements entered into by a government agency with
2 
any person or entity invoiving any waiver of its rights or ciaims;
3 
(2) 
Private sector participation agreements or contracts in infrastructure
4 
and development projects under Republic Act No. 6957, as amended by
5 
Republic Act No. 7718, authorizing the financing, construction, operation and
6 
maintenance of infrastructure projects;
7 
(3) 
Procurement contracts entered into by a government agency;
8 
(4) 
Construction or concession agreements or contracts entered into by a
9 
government agency with any domestic or foreign person or entity;
10 
(5) 
Loans, grants, development assistance, technical assistance and
11 
programs entered into by a government agency with official bilateral or
12 
multilateral agencies, as well as with private aid agencies or institutions;
13 
(6) 
Loans from domestic and foreign financial institutions;
14 
(7) 
Guarantees given by any government agency to government-owned or
15 
-controlled corporations and to private corporations, persons or entities;
16 
(8) 
Public funding extended to any private entity;
17 
(9) 
Bilateral or multilateral agreements and treaties in defense, trade,
18 
economic 
partnership, 
investments, 
cooperation 
and 
similar 
binding
19 
commitments; or
20 
(10) Licenses, permits or agreements given by any government agency to
21 
any person or entity for the extraction and/or utilization of natural resources.
22 
A summary list of the foregoing information uploaded in the website shall be posted
23 
in the bulletin boards of the concerned government agency.
24 
(b) The information uploaded in the website under letter (a) of this Section may be
25 
withdrawn after a period of three (3) years from the time of uploading: Provided,
26 
That an abstract of the information withdrawn shall remain uploaded in the website,
27 
containing a brief description of the transaction and an enumeration of the
28 
information withdrawn, and indicating the dates of posting and withdrawal.
29 
(c) Should an agency lack the capacity to comply with letter (a) of this Section, the
30 
agency shall initiate a capacity-building program, or coordinate with another
31 
appropriate agency, to facilitate substantive compliance not later than three (3)
32 
years upon approval of this Act.
10


1 
Sec. 15. Keeping o f Records. -  a) Government agencies shall create and/or
2 
maintain in appropriate formats, accurate and reasonably complete documentation
3 
or records of their organization, policies, transactions, decisions, resolution,
4 
enactments, actions, procedures, operations, activities, communications, documents
5 
received or filed with them and the data generated or collected. These shall include
6 
working files such as drafts or notes, whenever these have been circulated within
7 
the agency for official purpose such as for discussion, comment or approval or when
8 
these contain unique information that can substantially contribute to a proper
9 
understanding of the agency organization, 
policies, transactions, decisions,
10 
resolutions, enactments, actions, procedures, operations, and activities;
11 
b) Government agencies shall identify specific and classes of official records in
12 
their custody or control that have continuing historical, administrative, informational,
13 
legal, evidentiary, or research value for preservation by such agencies or their
14 
legitimate successors, or for transfer to the National Archives of the Philippines. In
15 
addition, the National Archives of the Philippines shall likewise identify specific and
16 
classes of official records that it shall require agencies to preserve and transfer to it.
17 
c) In addition to the specific and classes of official records identified for
18 
preservation under letter (b) of this Section, the following shall not be destroyed:
19 
1) Records pertaining to loans obtained or guaranteed by the government;
20 
2) Records of government contracts;
21 
3) The declaration under oath of the assets, liabilities and net worth of public
22 
officers and employees, as required by law; and
23 
4) Records of official investigations on graft and corruption practices of public
24 
officers.
25 
d) Government agencies shall prepare, following standards and period
26 
promulgated pursuant to Republic Act No. 9470 or the National Archives of the
27 
Philippines Act of 2007, a records management program that includes the following:
28 
1) A records maintenance system for the creation, selection, classification,
29 
indexing, and filing of official records, that facilitates easy identification,
30 
retrieval and communication of information to the public;
31 
2) A records maintenance, archival, and disposition schedule providing a
32 
listing of records under current use, for retention by the agency, for transfer
II


1 
to the National Archives, or for destruction: Provided, That destruction of the
2 
official records may be implemented only upon approval of the National
3 
Archives of the Philippines; and
4 
3) A specifications of the roles and responsibilities of agency personnel in the
5 
implementation of such system and schedule.
6 
e) In addition to its function as repository of all rules and regulations issued
7 
by agencies as provided under Book VII, Chapter II of the Administrative Code of
8 
1987, the University of the Philippines Law Center, in coordination with the National
9 
Printing Office as the agency with exclusive printing jurisdiction over the Official
10 
Gazette, shall maintain a database, and publish the same in print in Official Gazette
11 
or in digital or online form, the following: 1) All laws of the Philippines and their
12 
amendments, from the period of the Philippine Commission to the present; 2) All
13 
presidential issuances from November 15, 1935 to the present, including but limited
14 
to, executive orders, presidential proclamations, administrative orders, memorandum
15 
circulars, general orders, and other similar issuances; 3) A database of all
16 
appointments made by the President of the Philippines; and 4) Opinions of the
17 
Secretary of Justice.
18 
Sec. 16. Promotion o f Openness in Government -  (a) Duty to Publish
19 
Information -  Government agencies shall regularly publish, print, and disseminate,
20 
at no cost to the public and in an accessible form, in conjunction with R.A. 9485, or
21 
the Anti-Red Tape Act of 2007, and through their website, timely, true, accurate and
22 
updated key information including, but not limited to:
23 
(1) 
A description of its mandate, structure, powers, functions, duties
24 
and decision-making processes;
25 
(2) 
A description of the frontline services it delivers and the
26 
procedure and length of time by which they may be availed of;
27 
(3) 
The names of its key officials, their powers, functions and
28 
responsibilities, and their profiles and curriculum vitae;
29 
(4) 
Work programs, development plans, investment plans, projects,
30 
performance targets and accomplishments, and budgets, revenue
31 
allotments and expenditures;
12


1 
(5) 
Important rules and regulations, orders or decisions: Provided,
2 
that they be published within fifteen (15) calendar days from
3 
promulgation;
4 
(6) 
Current and important database and statistics that it generates;
5 
(7) 
Bidding processes and requirements; and
6 
(8) 
Mechanisms or procedures by which the public may participate
7 
in or otherwise influence the formulation of policy or the exercise of its
8 
powers.
9 
(b) Accessibility of Language and Form -  Every government agency shall
10 
endeavor to translate key information into major Filipino languages and present
11 
them in popular forms and means.
12 
(c) Improving Capability -  Every government agency shall ensure the
13 
provision of adequate training for its officials to improve awareness of the right to
14 
information and the provisions of this Act, and to keep updated of best practices in
15 
relation to information disclosure, records maintenance, and archiving.
16 
Sec. 17. Criminal Liability and Administrative Liability. -  The penalty of
17 
imprisonment of not less than one (1) month but not more than six (6) months shall
18 
be imposed upon:
19 
(a) 
Any public officer or employee receiving the request under Section 9 of
20 
this Act who shall fail to promptly forward the request to the public officer within the
21 
same office or agency responsible for officially acting on the request, when such is
22 
the direct cause of the failure to disclose the information within the periods required
23 
by this Act;
24 
(b) 
Any public officer or employee responsible for officially acting on the
25 
request, who shall:
26 
(1) 
Fail to act on the request within the periods required by this Act;
27 
(2) 
Knowingly deny the existence of existing information without
28 
cause;
29 
(3) 
Destroy information being requested for the purpose of
30 
frustrating the requester's access thereto;
31 
(4) 
Claim an exception under Section 7 of this Act, or under the
32 
Constitution, when the claim is manifestly devoid of factual basis; or
13


1 
(5) 
Refuse to comply with the decision of his immediate supervisor,
2 
the Ombudsman or the court ordering the release of information that is
3 
not restrained or enjoined by a court;
4 
(c) 
The head of office of the government agency directly and principally
5 
responsible for the negotiation and perfection of any of the transactions enumerated
6 
in Section 14(a) of this Act, who shall knowingly refuse to direct the mandatory
7 
posting or uploading of such transaction despite the agency's capacity to implement
8 
such directive. The same penalty shall be imposed upon the public officer or
9 
employee who, despite a directive from the head of office, shall fail to post or upload
10 
any of the transactions enumerated in Section 14(a) of this Act;
11 
(d) 
Any public officer or employee who shall destroy, or cause to destroy,
12 
records of information covered by Section 15(c) of this Act;
13 
(e) 
Any public officer who formulates policies, rules and regulations
14 
manifestly contrary to the provisions of this Act, and which policies, rules and
15 
regulations are the direct cause of the denial of a request for information; or
16 
(f) 
Any public or private individual who knowingly induced or caused the
17 
commission of the foregoing acts under this section.
18 
The foregoing shall be without prejudice to any administrative liability of the
19 
offender under existing laws and regulations.
20 
Sec. 18. Act Not a Bar to Claim o f Right to Information Under the
21 
Constitution. -  No provision of this Act shall be interpreted as a bar to any claim of
22 
denial of the right to information under Article III, Section 7 of the 1987
23 
Constitution.
24 
Sec. 19. Separability Clause. -  If, for any reason, any section or provision of
25 
this Act is held unconstitutional or invalid, no other section or provision shall be
26 
affected.
27 
Sec. 20. Repealing Clause. -  All laws, decrees, executive orders, rules and
28 
regulations, issuances or any part thereof inconsistent with the provisions of this Act,
29 
including Memorandum Circular No. 78 dated 14 August 1964 (Promulgating Rules
30 
Governing Security of Classified Matter in Government Offices), as amended, and
31 
Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of
14


1 
Conduct and Ethical Standards for Public Officials and Employees), are deemed
2 
repealed.
3 
Sec. 21. Effectivity. -  This Act shall take effect fifteen (15) days after its
4 
publication in at least two (2) national newspapers of general circulation.
Approved,
15