FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
A 
INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
Access to food is a fundamental human right. It is therefore the government's responsibility 
to'ensure an adequate food supply for the people at affordable costs. 
Recently, there have been reports of a looming shortage of rice, yet the executive has yet to 
make a clear statement as to the true state of demand and supply for rice or for other basic 
commodities where prices are also continuously rising. In the case of rice, the price of regular-milled 
commercial rice has increased drastically to Php32 per kilogram in the first week of April 2008 from 
an average of Php21 in April 2006. In the same period, the price of well-milled commercial rice has 
increased drastically to Php34 per kilogram from an average of Php24. 
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. This information is necessary in taking necessary actions, whether families budgeting 
their daily expenses, law enforcers running after hoarders and price colluders, private enterprises in 
planning for the medium-term, or national agencies and local governments directing their efforts to 
solve impending supply problems. 
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 requiring 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 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
INTRODUCED BY THE HONORABLE MAR R O U S  
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 bv the Senate and the House of Representatives in Congress assembled: 
SECTION 1. Short TMe. This Act shall be known as the “Affordable Food Transparency 
Act.” 
SEC 2. Declaration of Policy The State recognizes as a matter of policy the 
fundamental right of the people to an affordable food and food supply. The State therefore 
recognizes its obligation to the people to ensure adequate supply of food and other basic 
commodities, as well as to ensure transparency in all its transactions relative thereto, and to 
prevent 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 right of the people to 
affordable food and 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 
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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 government research data 
used as basis for policy development, except for such information which may jeopardize the 
right against self-incrimination of individuals and matters affecting national security, 
especially those information dealing with foreign diplomatic relations. 
SEC 3. Publication of Importation Permits. In the spirit of transparency and 
accountability, the Department of Agriculture shall cause the publication of the following 
information on all basic commodities, especially rice, corn, and sugar importation permits 
that it has granted: 
Name and address of importer, either as 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. 
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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. 
SEC 4. 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 to personal information on a third party natural 
person, but only when its revelation would constitute a violation of an 
individual's right against self-incrimination, including, but not limited to, 
records or information subject to 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) 
(b) 
The Supreme Court may, upon complaint by any citizen, inquire into 
the sufficiency of the factual basis for the President's determination; 
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 
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. 
(ii) 
(iii) 
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(c) 
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: 
Could reasonably be expected to interfere with the prevention, 
detection, suppression, or investigation of any criminal activity or with 
law enforcement operations; 
Would deprive a person of a right to a fair trial or an impartial 
adjudication; 
Could reasonably be expected to constitute an unwarranted invasion of 
personal privacy; 
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; 
Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions; 
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 
Could harm the security of any property or system, including, but not 
limited to, a building, vehicle, computer or communications system: 
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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. 
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Nothing in this Act shall, however: 
authorize the withholding of information from, or limit the availability of 
records to, Congress or any of its committees; 
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; 
limit the information otherwise available by law to a party to litigation 
including a civil, criminal or administrative proceeding; 
prohibit the transfer, storage or destruction of any record pursuant to law, 
decree, order, ordinance or rules and regulations; 
prevent access to records maintained in a public office for the purpose of 
providing the public access to information; or 
restrict disclosure of information for the purpose of an investigation or 
prosecution of a criminal case or a case of graft and corruption. 
SEC 5. 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: 
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The requesting person failed to give enough details about the information or 
record sought to be obtained. 
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; 
Additional time is needed to consult with another government body having 
material or substantial interest in the determination of the request; and 
There are fortuitous events or other events from force majeure, or other 
analogous cases. 
SEC 6. 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. 
SEC 7. 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 


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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. 
SEC 8. 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. 
SEC 9. 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 availabIe 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. 
SEC 10. Mandatoiy 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 
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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 concerned in conspicuous 
places in its central and field offices; and (b) electronically uploading of such information on 
its website. 
SEC 11. Mandatov 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. 
SEC 12. 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 andor 
misleading information, shall be punished with a fine of not less than Twenty Thousand 
Pesos (P20,OOO.OO) 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 (PlO,OOO.OO) but not 
more than Twenty Thousand Pesos (PZO,OOO.OO), 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. 
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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. 
SEC 13. Implementing Guidelines. Each government body shall, within sixty (60) days 
from the effectivity of this Act, promulgate guidelines specifj.ing 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. 
SEC 14. 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 copy of the implementing guidelines and rules crafted by such government 
body in the implementation of this Act; 
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; 
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; 
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; 
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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; 
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. 
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 
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. 
SEC 15. 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 
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of the Committees on Justice and Human Rights of the Senate and House and 
Representatives. 
SEC 16. Definition of Terms. 
“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; 
“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. 
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(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. 
“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. 
(e) 
SEC 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. 
SEC 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. 
SEC 19. Effectivity Clause. This Act shall take effect immediately after its publication 
in at least two (2) national newspapers of general circulation. 
Approved, 
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