Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 94

Introduced by REP. TEDDY BRAWNER BAGUILAT and
REP. ARLENE ‘KAKA’ J. BAG-AO

EXPLANATORY NOTE

“The free exchange of information is one of the hallmarks of a true democracy. To achieve this
transparency, accountability, and full public disclosure on the part of the government with
provisions for access to information on the part of the people to form decisions and actions is
necessary

‘The government must also be transparent in their decision-making process because the people
could only trust decisions if they know and understand the reason behind it. A government that
keeps its reasons in secret will aways be hounded by allegations that it must be hiding those
reasons for a reason. Regardless if those reasons are legitimate or valid, arbitrary or malevolent,
the people will akways suspect that the reasons are wrong and unjust.

‘As a result, decisions reached in secret will not enjoy the support of the people. This is contrary
to the spirit of democracy, where the governors are merely representatives of the governed. If
there is no support from those who are governed, there is no reason for that government to
continue.

‘Therefore, the people must be provided the opportunity to see behind the veils of government.

‘The means to do is the enactment of the Freedom of Information law. A law that gives flesh to
the people’s right to government information mandated under Section 7, Article HII of the
Constitution which states:

‘The tight 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 to such
limitations as may be provided by law.

And Article II Section 28, which states that:

Subject to reasonable conditions prescribed by law, the State adopts and implements
a policy of fall public disclosure of all its transactions involving public interest.


Even as the Constitution provides the people with the right to information, with no law setting
the limitations, the right has become difficult to exercise as government agencies have been left
to devise their own, often stringent, restrictions. This is what the Bill seeks to address. A clear
and reasonable scope in terms of government agencies and information covered, a uniform
procedure for access to information and remedies for a citizen whose request for information
has been denied, and a clear penalty for violation of the right to information.

‘The Freedom of Information bill has already gone through a very long legislative history. It has
gone through mote than two (2) decades of debate in Congress and over the years it has evolved
to consider and balance different concerns. Malacanang has also provided its inputs and
presented its own version. There is no more reason to delay the passage of this Bill. It is high
time that we afford our people the Freedom of Information Law.

In view of the foregoing, the passage of this Bill is earnestly sought.

Lone Distrigl, Dinagat Islands
C*



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 94

Introduced by REP. TEDDY BRAWNER BAGUILAT and
ARLENE ‘KAKA’ J. BAG-AO

AN ACT IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION
ON MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION
SEVEN, ARTICLE THREE OF THE 1987 CONSTITUTION AND THE STATE
POLICY OF FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS
INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY-EIGHT,
ARTICLE TWO OF THE 1987 CONSTITUION, AND FOR OTHER PURPOSES

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

SECTION 1. Short Tit
Act of 2013”.

. — This Act shall be known as the “Freedom of Information

SEC. 2. Declaration of Policy. — The State recognizes the right of the people to information
on matters of public concern, 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 as defined under Section 4
of this Act.

SEC. 4. Definition of Terms. — As used in this Act:

@) “Information” shall mean any knowledge, record, document, paper, report, letters,
contract, minutes and transcripts of official meetings, maps, books, photographs, data,
research material, film, sound and video recordings, magnetic or other tapes, electronic
data, computer stored data, 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 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.



(b) “Government agency” shall include the executive, legislative and judicial branches
as well as the constitutional bodies of the Republic of the Philippines including, but
not limited to, 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.

(©) “Official records” shall refer 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, and is not meant to be a stage or status of the information.

(@ “Public records” shall include information required by law, executive orders, rules,
or regulations to be entered, kept and made publicly available by a government agency.

SEC. 5. Presumption. — There shall be a legal presumption in favor of access to information.
‘Accordingly, government agencies shall have the burden of proof of showing by clear and
convincing evidence that the information requested is exempted from disclosure by this Act.

SEC. 6. Access to Information, — Government agencies shall make available to the public
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 basis for policy development, regardless of their physical form or format in which they
are contained and by whom they were made.

SEC. 7. Exceptions. — Subject to the qualifications set forth in Section 8 of this Act, access to
information may be denied when:

(@) The information is specifically authorized to be kept secret under guidelines
established by an executive order, and in fact properly classified pursuant thereto:
Provided, ‘That 1) The information directly relates to national defense and its revelation
will cause grave damage to the internal and external defense of the State; or 2) The
information requested pertains to the foreign affairs of the Republic of the Philippines,
when its revelation 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 with which it intends to keep
friendly relations: Provided, further, That the executive order shall specify the
reasonable period by which the information shall be automatically declassified or
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;

(b) The information requested pertains to internal and external defense and law
enforcement, when the revelation thereof would render a legitimate military or law
enforcement operation ineffective, unduly compromise the prevention, detection ot
suppression of a criminal activity, or endanger the life or physical safety of confidential
of protected sources or witnesses, law enforcement and military personnel or their
immediate families. Information relating to the details of the administration, budget



and expenditure, and management of the defense and law enforcement agencies
shall always be accessible to the public;

(©) The information requested pertains to the personal information of a natural person
other than the requesting party, and its disclosure would constitute a clearly
unwarranted invasion of his or her personal privacy, unless it forms part of a public
record, or the person is or was an official of a government agency and the
information relates to his or her public function, or the person has consented to the
disclosure of the information;

(@ The information requested pertains to trade, industrial, financial or commercial
secrets of a natural or juridical person other than the requesting party, obtained in
confidence by, and/or filed with a government agency, whenever the revelation thereof
would seriously prejudice the interests of such natural or juridical person in trade,
industrial, financial or commercial competition, unless such natural or juridical person
has consented to the disclosure of the information;

(© The information is privileged from production in legal proceedings by law or by the
Rules of Court, unless the person entitled to the privilege has waived it,

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

@ The information requested is obtained by any committee of either House of
Congress in executive session, whenever such information falls under any of the
foregoing exceptions; and

(h) The information requested consists of drafts of decisions by any executive,
administrative, judicial or quasi-judicial body in the exercise of their adjudicatory
functions whenever the revelation thereof would reasonably tend to impair the
impartiality of verdicts, or otherwise obstruct the administration of justice.

For letters (b) to (h) 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.

SEC. 8. Qualifications. — Even if the information falls under the exceptions set forth in the
preceding section, access to information shall not be denied if:

@) The information may be reasonably severed from the body of the information
which would be subject to the exceptions;

(b) The public interest in the disclosure outweighs the harm to the interest sought to be
protected by the exceptions; or

(©) The requesting party is either House of Congress, or any of its Committees and the
disclosure is to be made in executive session, unless the disclosure will constitute a
violation of the Constitution.


SEC. 9. Procedure of Access. — (a) Any person who wishes to obtain information shall
submit a request to the government agency concerned personally, by mail, or through
electronic means. ‘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 as a ground to deny the request or to refuse the acceptance of the request,
unless such reason is contrary to law. If the request is submitted personally, the requesting party
shall show his current identification card issued by any government agency, ot government ot
private employer or school, or a community tax certificate. If the request is submitted by
mail or through clectronic means, the requesting party may submit a photostatic or
electronically scanned copy of the identification, or other convenient means as determined by

the agency.

(b) The request shall be stamped by the government agency, indicating the date and time of
receipt and the name, rank, title and position of the receiving public officer or
employee with the corresponding signature, and a copy thereof furnished to the requesting
party. 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.

© The request may indicate the following preferred means of communication:
(1) A true copy of the information in permanent or other form;

Q) An opportunity to inspect the information, using equipment normally
available to. the government agency when necessary;

(3) An opportunity to copy the information using personal equipment;
(4) A written transcript of the information contained in a audio or visual form;

6

A transcript of the content of an information requested, in print, sound or visual
form, where such transcript is capable of being produced using equipment
normally available to the government agency;

© Atranscript of the information from shorthand or codified form; or
(7) Other reasonable means or format.
(@ 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 be detrimental to the preservation of the record.

(© The government agency shall comply with such request within seven (7) working days
from the receipt thereof.

© The time limits prescribed in this Section for the production of the requested information
may be extended whenever there is a need for any of the following:

(1) To search for and collect the requested information from field facilities or other
establishments that are separate from the office processing the request;


Q) To search for, collect and appropriately examine a voluminous amount of separate
and distinct information which are demanded in a single request;

@) Consultation, which shall be conducted in all practicable speed, with another
government agency or among two (2) or more components of the government
agency having substantial interest in the determination of the request; and

(4) To consider fortuitous events or other events due to fore majeure or other
analogous cases.

@ 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: Provided, That no such notice shall
specify a date that would result in an extension of more than fifteen (15) working days from
the original deadline.

SEC. 10. Access 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.

SEC. 11. Notice of Denial. ~ If the government agency decides to deny the request, in
whole or in part, it shall, within seven (7) working days from the receipt of the request,
notify the person making the request of such denial in writing or through clectronic means.
The notice shall clearly indicate the name, rank, title or position of the person making the
denial, and the grounds for the denial. In case the denial is by reason of a claimed exception,
the denial shall also state clearly the legitimate aim or interest sought to be protected in the
confidentiality, and the facts and circumstances invoked showing the substantial harm to, or
frustration of, the legitimate aim or interest that will result in the disclosure of the
information. Failure to notify the person making the request of the denial, or of the
extension, shall be deemed a denial of the request for access to information.

SEC. 12. Implementation Requirements. ~ (a) For the effective implementation of this Act,
all government agencies shall prepare a Freedom of Information Manual, with the end in
view of facilitating easy access to information, which shall include the following:
(1) The location and contact information of the head, regional, provincial and field
offices, and other established places where the public can obtain information or submit
requests;
(2) The types of information it generates, produces, holds and/or publishes;
3) A description of its record-keeping system;

() The person or office responsible for receiving requests for information;

(5) The procedure for the filing of requests personally, by mail, or through the
identified electronic means;

© ‘The standard forms for the submission of request and for the proper
acknowledgement of the request;


(7 The process for the disposition of the request, including the routing of
the request to the person or office with the duty to act on the request, the decision-
making, and the grant or denial of access and its implementation;

(8) The procedure for the administrative appeal of any denial for access to information;

(9) The schedule of fees;

(10) The process and procedure for the mandatory disclosure of information under
Section 14 of this Act;

(11) Should the agency lack the capacity to comply with Section 14(a) of this Act, a
brief description of its plan to facilitate compliance within three (3) years from the
approval of this Act; and

(12) Such other information, taking into consideration the unique characteristics of an
agency, that will help facilitate the effective implementation of this Act.

(b) The Judiciary shall prepare a similar manual as directed by the Supreme Court;

(6) The foregoing information shall also be posted in its website and bulletin boards, and shall
be regularly updated;

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

SEC. 13. Remedies in Cases of Denial. — (a) In all government agencies other than the
judicial branch—

(1) Every denial of any request for access to information may be appealed to the
person of office next higher in authority, following the procedure mentioned in Section
12(a)(8) of this Act: Provided, That the appeal must be filed within fifteen (15) calendar
days from the notice of denial and must be decided within fifteen (15) calendar days
from filing. Failure of the government agency to decide within the aforestated period
shall constitute a denial of the appeal; and

(2) Instead of appealing or after the denial of the appeal, the 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. Such complaint shall be resolved by the Office of the
Ombudsman within sixty (60) calendar days from filing, or earlier when time is of the
essence, taking into account such factors as the nature of the information requested,
context of the request, public interest and danger that the information requested will
become moot. The Office of the Ombudsman shall promulgate its special rules of
procedure for the immediate disposition of complaints filed pursuant to this
Section. Unless restrained or enjoined, the decisions of the Office of the Ombudsman
shall be immediately executory, without prejudice to review in accordance with the
Rules of Court.


(3) Instead of filing a complaint with the Office of the Ombudsman, whenever a
request for information is denied originally or on administrative appeal, the requesting
party may file a verified petition for mandamus in the proper court, alleging the facts
with certainty and praying that judgment be rendered ordering the respondent,
immediately or at some other time to be specified by the court, to disclose the
information and to pay the damages sustained by the requesting party by reason of
the denial. The procedure for such petition shall be summary in nature.

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

(b) In the Judicial Branch — The Judiciary shall be governed by such remedies as promulgated by
the Supreme Court.

(© The remedies under this section are 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 shall be mandated to provide legal assistance to the requester in availing of the
remedies provided under this Act.

SEC. 14. Mandatory Disclosure of Transactions Involving Public Interest. —

@) Subject to Sections 7 and 8 of this Act, all government agencies shall upload on their
websites, which shall be regularly updated every fifteen (15) days, all the steps, negotiations
and key government positions pertaining to definite propositions of the government, as well
as the contents of the contract, agreement or treaty in the following transactions involving
public interest:

(1) Compromise agreements entered into by a government agency with any person
ot entity involving any waiver of its rights or claims;

(2) Private sector participation agreements or contracts in infrastructure and
development projects under Republic Act No. 6957, as amended by Republic Act No.
7718, authorizing the financing, construction, operation and maintenance of
infrastructure projects;

(3) Procurement contracts entered into by a government agency;

(4) Construction or concession agreements or contracts entered into by a government
agency with any domestic or foreign person or entity;


(8) Loans, grants, development assistance, technical assistance and programs entered
into by a government agency with official bilateral or multilateral agencies, as well as
with private aid agencies or institutions;

(©) Loans from domestic and_ foreign financial institutions;

J) Guarantees given by any government agency to government-owned or -controlled
corporations and to private corporations, persons or entities;

(8) Public funding extended to any private entity;

(9) Bilateral or multilateral agreements and treaties in defense, trade, economic
partnership, investments, cooperation and similar binding commitments; or

(10) Licenses, permits or agreements given by any government agency to any person
or entity for the extraction and/or utilization of natural resources. A summary list of
the foregoing information uploaded in the website shall be posted in the bulletin
boards of the concerned government agency.

(0) The information uploaded in the website under letter (a) of this Section may be withdrawn
after a period of three (3) years from the time of uploading: Provided, That an abstract of the
information withdrawn shall remain uploaded in the website, containing a brief description
of the transaction and an enumeration of the information withdrawn, and indicating the dates
of posting and withdrawal.

(© Should an agency lack the capacity to comply with letter (a) of this Section, the agency shall
initiate a capacity-building program, or coordinate with another appropriate agency, to
facilitate substantive compliance not later than three (3) years upon approval of this Act.

SEC. 15. Keeping of Records. — a) Government agencies shall create and/or maintain. in
appropriate formats, accurate and reasonably complete documentation or records of their
organization, policies, transactions, decisions, resolution, enactments, actions, procedures,
operations, activities, communications, documents received or filed 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;

b) Government agencies 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 transfer
to the National Archives of the Philippines. In addition, the National Archives of the
Philippines shall likewise identify specific and classes of official records that it shall require
agencies to preserve and transfer to it.

©) 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:

1) Records pertaining to loans obtained or guaranteed by the government;


2) Records of government contracts;

3) The declaration under oath of the assets, liabilities and net worth of public officers
and employees, as required by law; and

4) Records of official investigations on graft and corruption practices of public
officers.

d) Government agencies shall prepare, following standards and period promulgated pursuant to
Republic Act No. 9470 or the National Archives of the Philippines Act of 2007, a records
management programs that includes the following:

1) A records maintenance system for the creation, selection, classification, indexing and
filing of official records, that facilitates easy identification, retrieval and communication
of information to the public,

2) 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

3) A specifications of the 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 Law Center, in coordination with the National Printing Office as the agency
with exclusive printing jurisdiction over the Official Gazette, shall maintain a database, and
publish the same in print in Oficial Gazette or in digital or online form, the following: 1) All
laws of the Philippines and their amendments, from the period of the Philippine
Commission to the present; 2) All presidential issuances from November 15, 1935 to
the present, including but limited, to executive orders, presidential proclamations,
administrative orders, memorandum circulars, general orders, and other similar issuances; 3) A
database of all appointments made by the President of the Philippines; and 4) Opinions
of the Secretary of Justice.

SEC. 16. Promotion of Openness in Government. ~ (a) Duty to Publish Information ~
Government agencies shall regularly publish, print and disseminate at no cost to the public
and in an accessible form, in conjunction with R.A. 9485, or the Anti-Red Tape Act of 2007,
and through their website, timely, true, accurate. and updated key information
including, but not limited to:

(1) A description of its mandate, structure, powers, functions, duties and decision-
making processes:

(2) A description of the frontline services it delivers and the procedure and length 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;

(8) Important rules and regulations, orders or decisions: Provided, ‘That they be
published within fifteen (15) calendar days from promulgation;

(© Current and important database and statistics that it generates;
() Bidding processes and requirements; and

(8) Mechanisms or procedures by which the public may participate in or otherwise
influence the formulation of policy or the exercise of its powers.

(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.

(© Improving Capability — Every government agency shall ensure the provision of adequate
training for its officials to improve awareness of the right to information and the provisions of
this Act, and to keep updated of best practices in relation to information disclosure, records
maintenance and archiving.

SEC. 17. Criminal Liability and Administrative Liability. — The penalty of imprisonment
of not less than one (1) month but not more than six (6) months shall be imposed upon:

@) Any public officer or employee receiving the request under Section 9 of this Act who shall
fail to promptly forward the request to the public officer within the same office or agency
responsible for officially acting on the request when such is the direct cause of the failure
to disclose the information within the periods required by this Act;

(&) Any public officer or employee responsible for officially acting on the request, who shall:
(1) Fail, to act on the request within the periods required by this Act;
(2) Knowingly deny the existence of existing information;

(3) Destroy information being requested for the purpose of frustrating the requester’s
access thereto;

(4) Claim an exception under Section 7 of this Act, or under the Constitution, when the
claim is manifestly devoid of factual basis; or

(8) Refuse to comply with the decision of his immediate supervisor, the Ombudsman or
the court ordering the release of information that is not restrained or enjoined by a
court;

(© The head of office of the government agency directly and principally responsible for the
negotiation and perfection of any of the transactions enumerated in Section 14(@) of this Act,
who shall knowingly refuse, to direct the mandatory posting or uploading of such transaction
despite the agency capacity to implement such directive. ‘The same penalty shall be imposed


upon the public officer or employee who, despite a directive from the head of office, shall
fail, to post or upload any of the transactions enumerated in Section 14(a) of this Act,

(@ Any public officer or employee who shall destroy, or cause to destroy, records of
information covered by Section 15(¢) of this Act;

(© Any public officer who formulates 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; or

(© Any public or private individual who knowingly induced or caused the commission of the
foregoing acts under this section. The foregoing shall be without prejudice to any
administrative liability of the offender under existing laws and regulations.

SEC. 18. Act Not a Bar to 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 III, Section 7 of the 1987 Constitution.

SEC. 19. Separability Clause. — If, for any reason, any section or provision of this Act is
held unconstitutional or invalid, no other section or provision shall be affected.

EC. 20. Repealing Clause. — All laws, decrees, executive orders, rules and regulations,
issuances or any part thereof inconsistent with the provisions of this Act, including
‘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.

SEC. 21. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.

Approved,