HOUSE OF REPRESENTATIVES

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Republic of the Philippines pave: 94 sy ones
HOUSE OF REPRESENTATIVES thes SL 2015

Quezon City

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BULLS AND INDEX SERVICE

SEVENTEENTH CONGRESS
First Regular Session

House BillNo. 973

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

Article III Section 7 of the Constitution provides for the right of the people to information
on matters of public concerns and access to official records and documents subject to limitations
provided by law. Furthermore, the Code of Ethics of government officials mandates them to
make financial disclosure statements and make it accessible to the public. This Freedom of
Information Bill will make possible the institutionalization of the inherent right of the Filipino
people to access public information,

The bill generally allows access to all information pertaining to official acts, transactions,
or decisions, and government research data as a basis for policy development. The bill, however,
sets limitations on access to documents concerning national defense, public safety, international
relations, information in executive sessions, drafts in the exercise of adjudicatory and/or audit
functions, personal information, trade secrets, privileged information in accordance with the
Rules of Court and those information exempted by law or the Constitution. It likewise provides
for the process of requesting for the information, how to access the information and the
framework on what information should be made readily available to the people.

This Bill has been filed in previous congresses but regrettably, the same has not reached
the third reading, This measure, if passed, will ensure transparency, accountability and
efficiency in governance. It will empower our people to access information/of public
importance, monitor the performance of public officials and compel them to consis(ently pursue
their mandates, and hold them accountable should they violate the same or depart sherefrom.



eI AMY

Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

"4
House Bill No. 973

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

AN ACT
STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION
HELD BY THE GOVERNMENT

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

SECTION. 1. Short Title. - This Act shall be known as the "People’s Freedom of
Information Act”

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 government agencies. Government agencies
refers to 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.

SEC. 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) Information 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, sound 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.


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(c) 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 the information.

(e) 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 orders, rules, or
regulations to be entered, kept and made publicly available by a government agency

SEC. 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 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 a basis for policy development, subject to
the exceptions enumerated under Section 7 of this Act, 5 regardless of their physical form or
format in which they are contained and by whom they were made.

Nothing herein contained shall allow private acts, transactions or records of public
officials and private individuals to be the subject of mandatory disclosure under this Act:
Provided, however, that the income tax returns, and statement of assets, liabilities and networth
(SALN) of public officials shall be released subject to existing laws, rules and regulations:
Provided, further, that the limitations and prohibitions to make available to the public the SALN.
shall not apply when, upon order of the Sandiganbayan, it has been established that there is
probable cause related to the commission of an offense.

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 in fact properly classified pursuant thereto: Provided,
‘That 1) The information directly relates to national security or defense and its revelation may
cause grave damage to the national security or 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 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: Provided, further, That the executive order shall specify the
reasonable period after 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 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


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and research data may be made available for disclosure unless they were made in executive
session;

(c) The information requested pertains to intemal and/or external defense, law
enforcement, and border control, when the disclosure thereof would:

(i) unduly compromise or interfere with any legitimate military or law enforcement
operation; ot

ii) unduly compromise or interfere with the prevention, detection or suppression of
the effective implementation of immigration controls and border

criminal activit
security; or

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

(iv) lead to the disclosure of the identity of a confidential source, including a government,
or foreign agency ot authority or any private institution which furnished information on a
confidential basis, and, in the case of a record or information compiled by a law
enforcement authority in the course of an investigation or by an agency conducting a
lawful national security intelligence investigation, information furnished by a confidential
source; or

(¥) disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or
prosecutions if such disclosure could reasonably be expected to risk circumvention of the

law; or
(vi) endanger the life or physical safety of any individual;

(d) The information requested consists of drafts of orders, resolutions, decisions,
memoranda or audit reports by any executive, administrative, regulatory, constitutional, judicial
or quasi-judicial body in the exercise of their regulatory, audit and adjudicatory function;

(c) The information requested is obtained by any committee of either House of Congress
in executive session;

(f) The information requested pertains to the personal information of a natural person,
whether from the public or the private sector, and its disclosure would constitute an unwarranted
invasion of personal privacy. This may include signatures, addresses, telephone numbers,
identification numbers, names of family members, race or ethnicity, religion, health, education,
sexual orientation, and similar information, unless such information is specifically required by
law to be entered into an official record and made available to the public, or the person has
consented in writing to the disclosure of the information. To the extent required to prevent an
unwarranted invasion of personal privacy, an agency may redact such information from a record
made available to the public. However, the justification for the deletion shall be explained fully
in writing, and the extent of such deletion shall be indicated on the portion of the record which is
made available or published;

(g) 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


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requesting party, whenever the revelation thereof would seriously prejudice the interests of such
natural or juridical person in trade, industrial, financial or commercial competition;

(h) 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;

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

(j) when prematurely disclosed, the information would, in the case of 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 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.

(k) 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

SEC. 8. Qualification to the Exceptions.

1. The exceptions in the preceding section shall be strictly construed;

The exceptions cannot be invoked to cover up a crime, wrongdoing, graft, or

corruption;

3. 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;

4, 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; and

5. 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;
(2) the Vice- President;

(3) the Members of the Cabinet;

(4) the Members of the Senate and the House of Representatives;
(5) the Justices of the Supreme Court;


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(6) the Commissioners of the Constitutional Commissions and other 5
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 on 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 records, including:

(i) Annual Budget of Government Agencies

(ii) Itemized Monthly Collections and Disbursement

(iii) Summary of Income and Expenditures

(iv) Component of the Internal Revenue Allotment (IRA) Utilization

(v) Annual Procurement Plan and Procurement List

(vi) tems for Bidding

(vii) Bid Results on Civil Works, and Goods and Services

(viii) Abstract of Bids as Calculated

(ix) Procurement contracts entered into by a government agency

(x) Construction or concession agreements or contracts entered into by a

government agency with any domestic or foreign person or entity;

(xi) 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 8 government
agency; and

(xvi) Guarantees given by any government agency to government-owned or -

controlled corporations and to 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.


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(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,
specially 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.

(4) 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 another appropriate agency, or use an alternative mechanism, to facilitate substantive
compliance not later than three (3) years from the effectivity of this Act.

SEC. 10. Promotion of Openness in Government. (a) Duty to Publish Information - in
conjunction with Republic Act 9485, or the Anti-Red 34 Tape Act of 2007, government agencies
shall regularly publish, print and disseminate at no cost to the public, and in an accessible form,
and through their website, timely, true, accurate and updated key information, including:

(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;
(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;

(8) 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 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.

SEC.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 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.


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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.

SEC. 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
the current request: Provided, That the government agency, in denying the request, complies
with Section 20 of this Act.

SEC. 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 its control is disclosed only as permitted under this Act;

(b) 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;

(c) 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.

SEC. 14, Admini: - It 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:

(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 required by this Act;

(b) failure to act on the request within the periods required by this A\

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

(d) 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.

SEC. 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


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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 induced or caused the commission of the
foregoing acts shall be liable as principal by inducement in the prosecution of public
officials or employees under this section.

(c) 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 Not a Ground for Liability. - A denial in good faith of a
request m for access to information made pursuant to the provisions of this Act shall not
constitute grounds for administrative or criminal liability.

SEC. 17. Freedom of Information (FOI) Manual.- (a) For the effective implementation
of this 13 Act, all government agencies shall prepare a Freedom of Information 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 filing of requests personally, by mail, or through the
identified electronic means;

(Othe 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, 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 thé agency, that will help facilitate the effective implementation of this
Act.

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

(c) 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.


(d) 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.

SEC. 18. Procedure of Access. - (a) Any person who wishes to obtain information shall
submit, free of charge, a request to the government agency concerned 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, indicating therein one’s name and position
within the government agency, and give a copy thereof to the person who 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 as a ground to deny the
request or to refuse the acceptance of the request, unless such 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 a community
tax certificate. If the request is submitted by mail or through electronic 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 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.

(c) 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.

(d) 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,

(e) 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 such 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.


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(@ 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.

(h) Once a decision is made to grant the request, the person making the request shall be
notified of such and pay the required access and processing fees.

(i) If the information is not held by the government agency from which the request 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.

SEC. 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. 19. Remedies in Cases of Denial.- (a) In all 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 the
receipt of the notice of denial and must be decided within fifteen (15) calendar
days from filing. 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 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) A party whose request for information has been denied, whether or not such
decision has been appealed to the head of the agency, may file a verified petition for


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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.

In resolving a complaint 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 examine them 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 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.

SEC. 22. Keeping of Records. - (a) 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 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, 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.

(c) 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;



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(2) records of government contracts involving amounts Fifty Million Pesos ( Php
50,000,000.00) or more, or related to infrastructure, public and private
partnerships, utilities, or other important projects

(3) the original Declaration 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

(4) records of official investigations pertaining to allegations of graft and
corruption of public officers.

(4) Government agencies shall prepare, according to the standards set in and within the
period mandated by Republic Act No. 9470 or the National Archives of the Philippines Act of
2007, a records management program that includes the following:

(1) a records 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;

(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) 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 Law Center shall, in coordination with the Office of the President 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:

(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 not limited, to executive orders, presidential proclamations, administrative
orders, memorandum circulars, general orders, and other similar issuances;

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

(4) opinions rendered by the Secretary of Justice.

SEC 23. Publication in the Official Gazette. For purposes of mandatory disclosure as
provided in Section 9 of this Act, online 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;



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(b) All 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 so published;

() 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.

SEC 24. 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. 25. Publication of Government Data in the Open Data Philippines 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 and on LGU websites as mandated in Section 9
of this Act shall be, whenever practicable, of a machine-readable and open format.

SEC. 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 is 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 such as, but not
limited to the Open Data Philippines website, Official Gazette website, Departmental 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 a well-informed generations of 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



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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 receives, processed, granted and denied; of appeals made from denials of
such requests; and of pending court actions they are a party to as result of such requests. These
reports may be integrated in the main annual reports of government agencies and may be posted
and published in their respective website.

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.

SEC 31. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall 42 remain
valid and subsisting.

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,
24 and 25 of Executive Order No. 292 or the Administrative Code of 1987 in relation to Article 2
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,

SEC 33. Effectivity. - This Act shall take effect fifteen (15) days after its publication at

least two (2) national newspapers pf general circulation.

Approved,