Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

@
fs" RECEIVED
i ae 0 SEP 2013

SIXTEENTH CONGRESS,
First Regular Session

House BillNo.__2656

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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

EXPLANATORY NOTE

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

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

This bill seeks to adopt and implement a policy of full public disclosure of all

government transactions involving food and basic commodities, consistent with the
Constitutional right of the people to information on all matters of public concern, by

1


fequiring all government bodies, specifically, but not limited to, the Department of
Agriculture and Department of Trade and Industry, to grant written requests for
information on food and food supply, and prescribing the penalty in the event of
violations thereof. The bill also requires the Department of Agriculture to publish all
relevant information on the importation of basic food commodities, such as rice and
corn, as well as to maintain records and a database containing said information.

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

DIOSDADO MAC, GAL ARROYO, GLORI IACAPAGAL ARROYO.
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

2656

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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

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

SECTION 1. Short Title. - This Act shall be known as the “Affordable Food
Transparency Act of 2013.”

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

To guarantee the people's fundamental human right to affordable food and food
supply, the State shall afford to citizens, non-government organizations (NGO), civil
society groups, and other private entities access to official records, and to documents
and papers pertaining to official acts, transactions or decisions, as well as to

1


government research data used as basis for policy development, except for such
information affecting national security or foreign diplomatic relations.

SECTION 3. Definition of Terms. -

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

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

(©) “Information” shall mean all documents, papers, letters, minutes
and transcripts of official meetings, maps, books, photographs,
films, sound and video recordings, magnetic or other tapes,
electronic data processing records, computer stored data,
electronic mail messages, or any other like or similar data or
material, recorded, stored or archived in whatever form or format,
which are made, received or kept in or under the control and
custody of any government body pursuant to law, executive order,
rules and regulation, ordinance or in connection with the
performance or transaction of official business by any government
body.

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

(e) “Trade secret” shall mean any information, including a formula,
pattern, compilation, program, device, product, method, technique
or process, that is used, or may be used, in business or for any
commercial advantage; derives independent economic value,
actual or potential, from not being generally known to the public or
to persons who can obtain economic value from its disclosure or


use; is the subject of reasonable efforts to prevent it from becoming
generally known, and the disclosure of which would result in harm
or improper benefit.

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

(a)
()
(c)
(a)
(e)
0)
(9)
(h)
(i)
ti)
(k)
0)
(m)

Name and address of importer, whether a natural or juridical entity;
Name and address of supplier from whom importation is sourced;
Country of origin of the import per shipment;

Date of contract of import;

Date of arrival of import per shipment;

‘Schedule, cargo or vessel, and maximum tonnage per shipment;
Contracted and actual volume of import per shipment;
Specification of import per shipment:

Contracted price of import per shipment;

Value or cost of import per volume and for each source;

Mode of purchase of import per shipment;

Drop-off points or ports per shipment shipment; and

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

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

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

(a)

The information pertains fo personal information on a third party
natural person, but only when its revelation would constitute a


(b)

(c)

violation of an individual's right against self-incrimination, including,
but not limited to, records or information covered by attorney-client
or doctor-patient relationship;

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

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

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

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

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

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

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

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

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


(a)

(e)

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

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

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

The information is maintained by the Department of Foreign Affairs
and other relevant government bodies on another sovereign state,
and the disclosure of such records or information could reasonably
be expected to jeopardize the diplomatic relations of the
Government of the Republic of the Philippines with the said
sovereign state: Provided, that treaties, trade agreements,
contracts between agencies and/or government-owned and
controlled corporations, and implementing agreements, annexes,
side letters and other such documents and records pertaining to or
related to the same, and any other documents pertaining to
dealings entered into by, the Government of the Republic of the
Philippines with another sovereign State and binds the Government
to uphold such transactions under international and local law, shall
not be covered by this exception;

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

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

In cases where access is requested to a portion of a record or information that is

exempt from disclosure pursuant to this Act, the public shall have the right of access to
the remainder of the record: Provided, that the exempt portion of the record can be

reasonably separated, severed, deleted or concealed from the record.

Nothing in this Act shall, however:


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

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

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

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

(e) prevent access to records maintained in a public office for the
Purpose of providing the public access to information; or

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

SECTION 6. Procedure for Access. — Any person who seeks to obtain, have a
copy of or have access to any information shall file a request in writing, as much as
practicable, to the government body concerned, reasonably describing the information
being sought, and stating details on how he could be contacted by the said government
body.

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

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

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

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

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


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

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

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

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

SECTION 8. Transfer of Request. - If the government body to which the request
was filed determines that the information being sought is not in its custody or control, it
shall, within two (2) days, notify the requesting person of the same, through writing or
other contact channels that the requesting person has provided, and shall then either: 1)
transmit the said request to the government body which has the possession or custody
of the information being sought; or 2) provide the requesting person with a referral letter,
signed by its head and addressed to the head of the government body which has the
possession or custody of the information being sought.

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

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

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

If the Office of the Ombudsman upholds such denial or fails to act on such prayer
within sixty (60) days, the requesting person may then file a verified petition for
mandamus before the Regional Trial Court with jurisdiction over the government body's
office receiving the request for information. A decision of the court granting the request


for information shall be subject to the proper judicial remedies available to the affected
government body, following the procedure provided under the Rules of Court

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

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

SECTION 12. Mandatory Disclosure for Public Interest. - Any government body
which is in possession or has knowledge of any information, not otherwise declared
classified or exempt pursuant to this Act, about the existence of a factor or risk
significant to food supply and prices, or which clearly affects public's right to affordable
food and adequate food supply, shall without delay disclose such information to the
public.

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

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

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


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

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

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

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

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

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

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

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

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

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

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


annual report on or before March 1 of each calendar year, listing the number of cases
filed before the regular courts under Section 9 of this Act, the disposition of each case,
the names and positions or titles of the officials penalized and the penalties assessed

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

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

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

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

Approved,