Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

HOUSE BILL NO. 23 87
Introduced by Hon. Charisse Anne C. Hernandez

EXPLANATORY NOTE

Pursuant to Article III, Section 7 of the 1987 Philippine Constitution, “The right of the
people to information on matters of public concern shall be recognized. Access to official
records, and to documents and papers pertaining to official acts, transactions, or decisions,
as well as to government research data used as basis for policy development, shall be afforded
the citizen, subject 10 such limitations as may be provided by law.”. It recognizes the
importance of access to official information by the citizenry being a fundamental, political,
and public right.

As provided in the case of Province of Cotabato vs. The Government of the Republic
of the Philippines Peace Panel on Ancestral Domain, G.R. No. 183591, October 14, 2008, the
Supreme Court was able to explain the importance of the right to information, citing several
doctrines from landmark cases, it said that: “access to information of general interest aids the
people in democratic decision-making by giving them a better perspective of the vital issues
confronting the nation, so that they may be able to criticize and participate in the affairs of the
government in a responsible, reasonable and effective manner. It is by ensuring an unfettered
and uninhibited exchange of ideas among a well-informed public that a government remains
responsive to the changes desired by the people". This confirms the importance of the right to
information and how essential it is for the government to precisely pinpoint the public’s needs
and effectively address the problem, and for the public to voice out issues that affect them.
Lastly, the right to information is vital to avert corruption. Access to information or data from
the government promotes transparency and deters abuses of power and other activities which
are detrimental to nation-building.



‘This bill seeks to put in place the enabling law which would provide a simple, uniform,
accessible, and effective means of carrying out the right to information. It will also provide for
appropriate procedures to aid access to information. Furthermore, it will also guarantee
complete and mandatory access to matters of official information, public concern and public
interest which is beneficial both to the government and its citizens as it will encourage
transparency on the part of the government, and public scrutiny from the general public which
will promote clean, participative, and effective governance.

Immediate passage of this bill is eamestly sought.

CHARISSE Gen C, HERNANDEZ

Representative
Lone District, Calamba City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

HOUSE BILL NO. 2387

Introduced by Hon. Charisse Anne C. Hernandez

AN ACT
STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE
GOVERNMENT, INSTITUTIONALIZING OPEN DATA GOVERNANCE 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 “Freedom of Information
Act of 2022.”

Sec. 2. Declaration of Policy. ~ The state recognizes the right of the people to
information on matters of public concer, and adopts and implements a policy of full public
disclosure of all its transactions involving public interest, subject to the procedures and
limitations provided by this Act. This right is indispensable to the exercise of the right of the
people and their organizations to effective and reasonable participation at all levels of social,
political and economic decision-making

Sec.3. Coverage. This Act shall cover all government agencies, to refer to the
executive, legislative, and judicial branches as well as the constitutional bodies of the
Republic of the Philippines, including the national government and all its agencies,
departments, bureaus, offices and instrumentalities, constitutional commissions and
constitutionally mandated bodies, local governments and all their agencies, regulatory
agencies, chartered institutions, government-owned or —controlled corporations, including


wholly-owned or controlled subsidiaries, government financial institutions _ state universities
and colleges, the Armed Forces of the Philippines, the Philippine National Police, all offices
in the Congress of the Philippines including the offices of Senators and Representatives, the
Supreme Court and all lower courts established by law.

See. 4. Definition of Terms. — As used in this Act

a) Dataset refers to an organized collection of data in a variety of forms, including
tabular, geospatial, or image data files.

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

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

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

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

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

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

Sec. 6. Presumption. ~ There shall be a legal presumption in favor of access to
information. The request for information may be denied only if it clearly falls under the


exceptions provided under this Act. Accordingly, government agencies shall have the burden
of proving that the information requested is exempted from disclosure.

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

a) the information is specifically authorized to be kept secret under guidelines
established by an executive order, and properly classified pursuant thereto:
Provided, That 1) The information directly relates to national security or defense
and revelation may cause grave damage to the national security or internal or
external defense of the State: or 2) The information requested pertains to the foreign
affairs of the Republic of the Philippines, when its revelation shall unduly weaken
the negotiating position of the government in an ongoing bilateral or multilateral
negotiation or seriously jeopardize the diplomatic relations of the Philippines with
one or more States: and provided further, That the executive order shall specify the
reasonable period after which the information shall be automatically declassified or
be subject to mandatory declassification review, and that any reasonable doubt as
to classification and declassification shall be settled in favor of the right to
information,
the information consists of records of minutes and advice given and opinions
expressed during decision-making or policy formulation, invoked by the Chief
Executive to be privileged by reason of the impairment of the Chief Executive's
deliberative process that would result from the disclosure thereof. Once policy has
been formulated and decisions made, minutes and research data may be made
available for disclosure unless they were made in executive session;
the information requested consists of drafts of the following: orders, resolutions,
decisions, memoranda or audit reports by an executive, administrative, regulatory,
constitutional, judicial or quasi-judicial body in the exercise of their adjudicatory
and/or audit function;
the information requested is obtained by any committee of either House of Congress
in executive session;
the information requested pertains to trade secrets and commercial or financial
information or intellectual property obtained from a natural or juridical person other
than the requesting party, whenever the revelation thereof would seriously prejudice
the interests of such natural or juridical person in trade, industrial, financial or
commercial competition;

f) the information is classified as privileged communications in legal proceedings by
law or by the Rules of Court, unless the person entitled to the privilege has waived
it;

b

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d)

5


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

h

when prematurely disclosed, the information, would, in the case of a government

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

i) The information has already been made accessible as provided for in Section 12.

For paragraphs (c) to (k) of this section, the determination whether any of these grounds shall
apply shall be the responsibility of the head of office of the government agency in custody or
control of the information, or any responsible central or field officer/s duly designated by him.
See. 8. Qualifications to the Exceptions.
a) The exceptions in the preceding section shall be strictly construed;
'b) The exceptions cannot be invoked to cover-up a crime, wrongdoing, graft,

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or corruption;

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

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

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

Sec. 9, Mandatory Disclosure of Information. —
a) In fulfillment of Article XI, Section 17 of the Constitution and subject to

Section 5 and Section 7 (f) of this Act, the websites of their respective offices
shall provide to the public, the Statement of Assets, Liabilities, and Net
worth (SALN) on an annual basis of the following national officials:

1. the President;


aun

the Vice-President;

the Members of the Cabinet;

the Members of the Senate and the House of Representatives;

the Justices of the Supreme Court;

the Commissioners of the Constitutional Commissions and other

constitutional offices; and
7. the officers of the Armed Forces with the rank of general or the
equivalent flag rank.
b) All agencies of all branches of government shall publish in their websites
and update on a monthly basis, a register containing the following

information:

1. Freedom of Information Manual in full;

2. Rules of procedure, descriptions of forms available or the places at
which forms may be obtained, and instructions as to the scope and
contents of all papers, reports, or examinations;

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

4. Public interest documents or record, including

i
ii

iii
iv.

vi
vii
viii

xi.

Annual Budget of Government Agencies

Itemized Monthly Collections and Disbursement
Summary of Income Expenditures

Component of the Intemal Revenue Allotment (IRA)
Utilization

Annual Procurement plan and Procurement List

Items for Bidding

Bid Results on Civil Works, and Goods and Services
Abstract of Bids, as Calculated

Procurement contracts entered into by a government
agency

Construction or concession agreements or contacts
entered into by a government agency with any domestic
or foreign person or entity;

Private sector participation agreements or contracts in
infrastructure and development projects under Republic


Act No. 6957, otherwise known as the Philippine BOT
Law, as amended by Republic Act No. 7718

xii. Public funding extended to any private entity,

xiii. Bilateral or Multilateral agreements and treaties in trade,
economic partnership, investments, cooperation and
similar binding commitments;

xiv. List of persons or entities who were granted licenses,
permits or agreements for the extraction and/or utilization
of natural resources given by any government agency;

xv. Statement of Assets and Liabilities of the public officers
of the government agency, and

xvi, Guarantees given by any government —_ agency to
government-owned or -controlled corporations and
private corporations, persons or entities.

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

c) All government agencies shall, over time, endeavor to build their capacity
and practice to publish in full all other contracts, agreements, or treaties
covered under this Section, especially those that are of the highest public
interest by reason of the amounts involved and the impact of the transaction
to the public. All government agencies must ensure that they have a
compliant website within two (2) years from the effectivity of this Act.
Should an agency lack the capacity to comply with the website publication
requirement of this Section, the agency shall initiate a capacity-building
program, coordinate with the another appropriate agency, or use an
alternative mechanism, to facilitate substantive compliance not later than
three (3) years from the effectivity of this Act.

d

Sec. 10, Promotion of Openness in Government. ~


a) Duty to Publish Information — In conjunction with Republic Act 9485, or the
Anti Red Tape Act of 2007, government agencies shall regularly publish,
print and disseminate at no cost to the public, in an accessible form, and
through their website, timely, true, accurate and updated key information,
including:

1. adescription of its mandate, structure, powers, functions, duties and
decision making processes;

a description of the frontline services it delivers and the procedure

and length of time by which they may be availed of,

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

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

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

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

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

. bidding processes and requirements; and

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

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

Rv

~

See. 11. Capacity-Building, Promotion of Best Practices, and Continuous
Updating of Appropriate Use of Information Technology. ~ All government agencies shall
establish, operate, and maintain a website with features that are compliant with all the
provisions of this Act, within two (2) years from the effectivity of this Act.
Every government agency shall ensure the provision of adequate training for its officials and
employees to improve awareness of the people’s right to information on matters of public
concern and the provisions of this Act. Similarly, all government agencies shall endeavor to


study and adopt best practices in relation to information disclosure, records maintenance, and
archiving,

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

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

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

a) A government agency must ensure that personal information in its custody
or under is disclosed only as permitted under this Act.
A government agency must protect personal information in its custody or
under its control by making reasonable security arrangements against such
risks as unauthorized access, collection, use, disclosure, or disposal;
An employee, officer or director of a government agency, who has access,
whether authorized or unauthorized, to personal information in the custody
of the agency, must not disclose that information except as authorized under
this Act.

b)

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

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

b) Failure to act on the request within periods required by this Act;


©) Claim an exception under Section 7 of this Act when the claim is manifestly
devoid of factual or legal basis;

4) Refusal to comply with the decision of immediate supervisor, the
Ombudsman, or of any court ordering the release of information;

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

See. 15. Criminal Liability. —

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

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

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

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

©) The acts under paragraph (a) of this Section, if proven in an administrative
proceeding, shall be subject to the penalty of dismissal, even if no criminal
prosecution is instituted against the person found liable.

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

See. 17. Freedom of Information (FOI) Manual.
a) For the effective implementation of this Act, all government agencies shall
prepare a Freedom of Information (FOI) Manual, setting forth the following:
1. the location and contact information of the head, regional, provincial
and field offices of the agency, and other established places where
the public can obtain information or submit requests;
2. the types of information it generates, produces, holds and/or
publishes,
3. a description of its record-keeping system;


4. the person or office responsible for receiving requests for
information,

5. the procedure for the filling 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 their request, including the routing
of the request to the person or office with the duty to act on the
request and the decision-making process for the grant or denial of the
request,

8. the procedure for the administrative appeal of any denial for access
to information;

9. the schedule of service or processing fees pertinent to a request for
information;

10. the process and procedure for the mandatory disclosure of
information under Section 9 of this Act: Provided, That, should the
agency lack the capacity to comply with Section 9 of this Act, a brief
description of its plan to facilitate compliance within three (3) years
from the approval of this Act; and

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

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

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

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

See. 18. Procedure of Access

a) Any person who wishes to obtain information shall submit, free of charge, a
request to the government agency concemed personally, by mail, or through
electronic means. A person who is unable, because of illiteracy or disability,
to make a written request for information may make an oral request instead
‘The public officer who receives the oral request shall reduce it to writing,

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da)

e)

indicating therein one’s name and position within the goverment agency,
and give a copy thereof to the person made the request. The request shall
state the name and preferred contact information of the requesting party, and
reasonably describe the information required, the reason for the request of
the information and the preferred means by which the government agency
shall communicate such information to the requesting party. Provided, that
the stated reason shall not be used asa ground to deny the request or to refuse
the acceptance of the request unless the request is contrary to law. If the
request is submitted personally, the requesting party shall show a current
identification document issued by any government agency, or government
or private employer or school, or community tax certificate. If the request is
submitted by mail or through electronic means, the requesting party may
submit a photo static or electronically scanned copy of the identification, or
other convenient means as determined by the agency.

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

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

‘The request may indicate the requesting party’s preferred mode and means
of receiving the information requested, provided that the mode and means
are reasonable, taking into consideration equipment normally available to
the concerned government agency.

A government agency may communicate the information requested in a
form other than the preferred means whenever such preferred means would
unreasonably interfere with the effective operation of the agency, or if the
agency has no capability in communicating the information in the preferred
format, or when the preferred format may be detrimental to the preservation
of the record,


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

g) The government agency shall, in writing or through electronic means, notify

the person making the request of the extension, setting forth the reasons for

such extension and the date when the information shall be made available,

which in no case shall result in an extension of more than twenty (20)

working days.

Once a decision is made to grant the request, the person making the request

shall be notified of such and shall pay the required access and processing

fees.

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

h

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

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


Sec. 21. Remedies in Cases of Denial. —
a) Inall government agencies other than the judicial branch —

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

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

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

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

b) In the Judicial Branch — The Judiciary shall be governed by remedies as

promulgated by the Supreme Court.

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


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

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

See. 22. Keeping of Records. ~

a)

b)

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

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

In addition to the specific and classes of official records identified for
preservation under letter (b) of this section, the following shall not be destroyed:
records pertaining to loans obtained or guaranteed by the government;

records of government contracts involving amounts Fifty Million Pesos (Php
50,000,000) or more, or related to infrastructure, public and private partnerships,
utilities, or other important projects;

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


Nv

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

Government agencies shall prepare, according to the standards set in and within
the period mandated by Republic Act No. 9471 or the National Archives of the
Philippines Act of 2007, a records management program that includes the
following:

arecords maintenance system for the creation, selection, classification, indexing
and filing of official records that facilitate the easy identification, retrieval and
communication of information to the public;

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

identification of the specific roles and responsibilities of agency personnel in
the implementation of such system and schedule.

In addition to its function as repository of all rules and regulations issued by
agencies as provided under Book VII, Chapter II of the Administrative Code of
1987, the University of the Philippines which has exclusive editorial and
printing jurisdiction over the Official Gazette, and with other relevant agencies,
maintain a database, and publish in the Official Gazette or in digital or online
form, the following:

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

all presidential issuances from November 15,1935 to the present, including but
not limited, to executive orders, presidential proclamations, administrative
orders, memorandum circulars, general orders, and other similar issuances;

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

opinions rendered by the Secretary of Justice.


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

For purposes of compliance with Article 2 of the Civil Code of the Philippines,
publication of the following in the online version of the Official Gazette, with the

corresponding timestamps on the document, shall be considered as official publication

a)

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

db)

A\ll executive and administrative orders and proclamations of general application;

c

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

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

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

See. 24, Act Not a Bar Claim of Right to Information Under the Constitution. —
‘No provision of this Act shall be interpreted as a bar to any claim of denial of the right to
information under Article Il, Section 7 of the 1987 Constitution.

See. 25. Publication of Government Data in the Open Data Philippine Website. —

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


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

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

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

Sec, 27, Release to One, Release to All. ~ For purposes of streamlining requests for
information, once an information has been made available to an individual through a request
for information, the said dataset shall also be published in an appropriate website, Department
website, or Local Government website thus allowing the public access to all information that
has been requested.

Sec. 28. Integration of Freedom of Information (FOI) and Good Governance In
Elementary and Secondary Curriculum. — To ensure well-formed generations of the citizens,
the right to information, the principles of accountability and transparency, democracy and
leadership, and good governance shall be integrated in such subjects as Heyograpiya,
Kasaysayan at Sibika (HEKASI) and Araling Panlipunan in the elementary level and in such
subjects as Social Studies and Makabayan or its equivalent subjects in high school level. The
Department of Education, in coordination with the Civil Service Commission and other
relevant offices, shall prepare the necessary modules and teaching programs consistent with
the objectives of this Act.

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


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

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

Sec. 32. Repealing Clause. — All laws, decrees, executive orders, rules and regulations,
issuances or any part thereof inconsistent with the provisions of this Act, including Sections
18 on Operation and Effect of Laws, 24 and 25 on the Contents, Editing and Publications of
the Official Gazette, Book I, of Executive Order No. 292 or the Administrative Code of 1987
in relation to Article 2 on Effect and Application of Laws of Republic Act No. 386 or the Civil
Code, Memorandum Circular No. 78 dated 14 August 1964 (Promulgating Rules Governing
Security of Classified Matter in Government Offices), as amended, and Section 3, Rule IV of
the Rules Implementing Republic Act No. 6713 (Code of Conduct and Ethical Standards for
Public Officials and Employees), are deemed repealed: Provided, That Memorandum Circular
No. 78 shall be deemed repealed after one (1) year from the effectivity of this Act or upon
issuance of the Executive Order in Section 7(a).

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

Approved,