TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S. No.
SENATE
853
?3*4Mn.4“
, 
:i( illl- . : i
25 AUG-4 P5 38
«i:covi-:oBY.
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE 
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY 
IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Constitution guarantees the right of citizens to access official records and 
information involving matters of public concern. Specifically, Article II, Section 28 
provides that, "Subject to reasonable conditions prescribed by law, the State adopts 
and implements a policy of full public disclosure of all its transactions involving public 
interest." Article III, Section 7 states, "The right of the people to information on 
matters of public concern shall be recognized. Access to official records, and to 
documents, and papers pertaining to official acts, transactions, or decisions, as well 
as to government research data used as basis for policy development, shall be 
afforded the citizen, subject to such limitations as may be provided by law."
Since the issuance of Executive Order No. 2, series of 2016, the right to 
information has been operationalized in the Executive branch. It recognized "the 
fundamental role of free and open exchange of information in a democracy, meant to 
enhance transparency and accountability in government official acts, transactions, or 
decisions." However, the EO covered only government agencies under the Executive 
branch, including national government and all its offices, departments and bureaus.


government-owned or -controlled corporations (GOCCs), and state universities and 
colleges (SUCs).
Local government units (LGUs) are encouraged to observe the said Order. 
Meanwhiie, the Presidential Communications Operations Office and the Department of 
the Interior and Locai Government (DILG) issued Joint Memorandum Circuiar No. 
2018-01 "to encourage provinces, cities, and municipalities to enact an ordinance, or 
issue a local chief executive's Order, in support of FOI."
While significant strides have already been achieved in the past years, there is 
still the pressing need to institutionalize the existing mechanisms into iegislation, thus 
ensuring its continued implementation across administrations and in all branches and 
units of the national and local government.
FOI Philippines Annual Reports show that:
• 
As of September 2022, 61 LGUs across the country have successfully 
enacted their own FOI ordinances, thereby institutionaiizing transparency 
at the subnationai level.1
• 
6,007 have already been designated FOI officers under the Executive 
branch.2
• 
597 agencies are already on the e-FOI Portal where citizens can lodge their 
requests for information.3
This measure was prepared and reported out by the Senate Committee on 
Public Information and Mass Media during the 19th Congress. It must be noted that 
the Senate already approved its version during the 16th Congress, but the bill lost 
steam and momentum in the succeeding Congresses.
1 Freedom of Information Philippines Annual Report 2021-2022 accessed through 
https://www.foi.gov.ph/resources/publications/document/2022-foi-annual-report/
2 Freedom of Information Philippines Annual Report 2022-2023 accessed through 
https://www.foi.gov.ph/resources/publications/document/ar 2022-2023/
3 Ibid.


It is fervently hoped that the Twentieth Congress will be the Congress which 
will finally steer the passage and enactment of the landmark FOI Law.
INGLGOY EJERCITO ESTRADA


TWENTIETH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S. No.
SENATE
853
i.:>r 
.
u[ ;i;;' 
I; ;i,;, r
25 AUG-4 P5 38
HIXEIVED BY:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE 
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY 
IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. -This Act shall be known as the "People's Freedom of
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Information Act.
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Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
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recognize the right of the people to information on matters of public concern and to
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adopt and implement a policy of full public disclosure of all its transactions involving
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public interest, subject to the procedures and limitations provided by this Act. It is
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likewise the policy of the State to promote the meaningful and increased participation
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of the people in government decision-making and public accountability. Towards these
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ends, public officials and employees, in the performance of their duties as well as
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citizens in the exercise of their rights under this Act, shall handle information kept or
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obtained fairly, lawfully, and with due regard to the full protection of the right to
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privacy of individuals.
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Sec. 3. Definition of Terms. - As used in this Act:
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a) Information refers to any public and/or official record, document, paper,
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report, letters, contract, minutes, and transcripts of official meetings, maps,
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books, photographs, data, research material, film, audio and video


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recordings, magnetic or other tapes, electronic data, computer-stored data, 
or other similar data or material of public concern 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) Official record/s to information in final form 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;
c) Personal Data refers to a collective term used to refer to personal 
information, sensitive personal information, and privileged information. 
These are any information that relates to an identified or identifiable living 
individual. Different pieces of information, which are collected together can 
lead to the identification of a particular person and also constitute personal 
data;
d) Personal information refers to any information whether recorded in a 
material form or not from which the identity of an individual is apparent or 
can be reasonably and directly ascertained by the entity holding the 
information or when put together with other information would directly and 
certainly identify an individual;
e) Privileged Information refers to any and all forms of data, which, under the 
Rules of Court and other pertinent laws, constitute privileged 
communication;
f) 
Pubiic records refer to information required by laws, executive orders, rules, 
or regulations to be entered, kept, and made publicly available by a 
government agency/office;
g) Public service contractor refers to a private entity that has a dealing, 
contract, or transaction of whatever form or kind with the government or a 
government agency/office that utilizes public funds;
h) Sensitive persona! information refers to personal information:


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1) about an individual's race, ethnic origin, marital status, age, color, and
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religious, philosophical or political affiliations;
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2) about an individual's health, education, genetic, or sexual life of a
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person;
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3) any proceeding for any offense allegedly or actually committed by an
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individual, including the disposal of, or the court's sentence in such
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proceedings;
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4) issued by government agencies peculiar to an individual which includes,
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but not limited to, social security numbers, previous or current health
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records, licenses or its denials, suspension or revocation, and tax
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returns or data submitted by individuals to government agencies; and
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5) specifically established by an executive order or an act of Congress to
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be kept classified.
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Sec. 4. Coverage. - This Act shall apply to all executive, legislative and judicial
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offices, and constitutional offices, including Local Government Units (LGUs), State
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Universities and Colleges (SUCs), Government-Owned or Controlled Corporations
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(GOCCs), and other government instrumentalities, subject to limitations under existing
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laws. Further, this Act shall also cover back-end government operations, within,
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between, and across agencies, government-to-government communications,
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particularly those involving sharing and processing of data and information between
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and among government agencies for policy, planning, and decision-making purposes,
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and other government operations.
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Sec. 5. Access to Information. - Every Filipino citizen has a right to and shall
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upon request, be given access to any information of public concern under the control
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of a government agency regardless of the physical form in which they are contained
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subject only to the exceptions enumerated in Section 7 of this Act.
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Sec. 6. Presumption. - There shall be a legal presumption in favor of access to
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information. No request for information shall be denied unless it clearly falls under the
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exceptions provided under this Act. Accordingly, government agencies shall have the
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burden of proof of showing by clear and convincing evidence that the information
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requested is exempted from the disclosure by this Act.
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Sec. 7. Exceptions. - Access to information shall be granted unless:


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a) The information is specifically authorized to be kept confidential under 
guidelines established by an Executive Order (E.O.), and in fact properly 
classified pursuant thereto: Provided,
1) The information directly relates to national security or defense and its 
revelation may cause 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 any state, or prejudice the entrusting of 
information to the Republic of the Philippines on a basis of confidence 
by the government of any other country or any international 
organization: Provided, That sufficient information is disclosed to afford 
reasonable public participation in government decision-making on 
bilateral and multilateral agreements: Provided, further. That the head 
of the department or agency having custody or possession of such 
information, shall keep under continuing review all classified information 
in his custody and may direct the declassification review as needed. 
Declassification of information shall be subject to the approval of the 
President.
b) The information consists of minutes or records of advice given or of opinions 
expressed during decision-making or policy formulation including exchanges 
when the chief executive was not present, if invoked by the chief executive 
to be part of presidential communications privilege. Whenever disclosure 
would significantly undermine the free and frank provision of advice or 
exchange of views: Provided, That an executive order shall be issued 
specifying the reasonable period after which information invoked to be 
privileged under this paragraph shall be made accessible to the public;
c) The information requested pertains to internal and/or external defense, law 
enforcement, and border control, when the disclosure thereof may:


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1) compromise or interfere with any legitimate military or law enforcement 
operation;
2) compromise or interfere with the legitimate prevention, detection, or 
suppression of criminal activity, or the legitimate implementation of 
immigration controls and border security;
3) lead to the disclosure of the identity of a confidential source, including a 
government, or foreign agency or 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 inteliigence investigation, information furnished by a confidential 
source;
4) disclose legitimate techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose legitimate guidelines for 
law enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law;
5) endanger the life or physical safety of any individual; or
6) deprive a person of a right to a fair trial and impartial adjudication.
d) The information requested pertains to matters of human security, such as, 
but not limited to, food, health, money and trade: Provided, That such 
disclosure or premature disclosure will imperil our well-being or degrade the 
quality of life of our people by causing unnecessary panic and conflict and 
threatening to limit the range of policy choices available to the concerned 
implementing and regulating agencies: Provided, further. That this 
exception shall apply only until such time that the confidentiality 
requirement of the action plan of said agency is no longer necessary in 
addressing the said security issue;
e) The information requested pertains to the assistance of the government to 
overseas Filipino workers, including but not limited to their cases and 
records on criminal and family cases; and information that could 
compromise or weaken their case or position in any legal proceeding;


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f) The 
information requested involves 
records of foreign diplomats on
diplomatic and consular missions, their arrival and departure, and other 
information that could compromise their safety or that such information is 
considered confidential by the Vienna Convention on Diplomatic Relations 
and the Vienna Convention on Consular Relations;
g) The 
information requested is exempted under a treaty or bilateral
agreement to which the Philippines is a party;
h) 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 functions. The revelation of which 
would impair the impartiality of verdicts or otherwise obstruct the 
administration of justice;
i) The information requested and/or obtained by either the House of Congress 
or any committee thereof, in executive session;
j) The 
information requested pertains 
to the personal and sensitive
information of a natural person other than the requesting party, and its 
disclosure would constitute an unwarranted invasion of his or her personal 
privacy, or the person is or was an official or employee of a government 
agency and the information relates to his other public function or the person 
has not consented, in writing, to the disclosure of the information;
k) The information requested forms part of a public record but its disclosure 
would expose the people concerned to acts of discrimination unless such 
information is first redacted by the concerned government agency;
l) The information requested pertains to trade secrets and commercial or 
financial information obtained from a natural or juridical person other than 
the requesting party, obtained in confidence or covered by a privileged 
communication, and/or filed with a government agency, whenever the 
revelation thereof would prejudice the interests of such natural or juridical 
person in trade, industrial, financial or commercial competition;


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m) The information is required to be kept confidential by law or consists of
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privileged information unless the person entitled to the privilege has waived
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it;
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n) The information requested is exempted from disclosure by the Constitution
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or by law;
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o) The information is of a nature that its premature disclosure would:
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1) in the case of an agency that regulates or deals with currencies, interest
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rates, securities, commodities, or financial institutions, be likely to lead
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speculations in currencies, interest rates, securities, or commodities
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market; or
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2) in the case of other agencies, be likely to frustrate the effective
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implementation of a proposed official action: Provided, That the
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information shall be disclosed once the above-mentioned dangers have
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ceased.
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p) The information has already been made accessible as provided in Sections
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8(a), 9, 11, and 14 of this Act; and
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q) The information requested pertains to information about the ongoing
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evaluation or review of bids or proposals undertaken by the bidding or
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review committee prior to an official recommendation by the government.
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For paragraphs (c) to (q) of this section, the determination of whether any of
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these grounds shall apply shall be the responsibility of the head of the office of the
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government agency in custody or control of the information, or any responsible central
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or field officer/s duly designated by him; Provided, That:
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1) The exceptions are strictly construed;
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2) The exceptions are not used to cover-up legitimate investigations being
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conducted by law enforcement agencies or the Legislature involving the
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commission of a crime, or any unlawful activity wherein such information
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is material or relevant to the allegations or issues;
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3) The President, the Supreme Court, the Senate, the House of
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Representatives, and the Constitutional Commissions with a majority
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vote of the body in accordance with their own rules of procedure when
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applicable may waive an exception with respect to information in the


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custody of offices under their respective supervision or control, when
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they deem that there is an overriding public interest in disclosure;
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4) The exceptions do not constitute authority to withhold information from,
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or limit the availability of records to Congress, or any of its committees;
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5) The exceptions do not constitute an authority of the executive branch of
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a Local Government Unit (LGU) to withhold information from its
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legislative body;
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6) Whenever the information requested is part of a record, whose other
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parts are covered by an exception, but may be reasonably severed from
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a record, the responding official shall communicate the information not
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covered by the exception to the requester; and
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7) The exceptions set forth in this section may be overcome if the requester
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is able to prove before a court of competent jurisdiction that the public
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interest in the disclosure of information outweighs the public interest in
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keeping the information secret or confidential.
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All exempted information under this section shall be mandatorily reviewed after
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every three (3) years by the head of office or agency in custody or control of the
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information for reclassification and possible disclosure: Provided, That such
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information to be disclosed by an agency under the executive branch shall be subject
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to the approval of the President.
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Sec. 8. Mandatory Disclosure of Information. -
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a) All agencies of all branches of government shall upload on their websites,
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which shall be updated monthly, a register of the following public interest
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transactions, documents, or records, including:
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1) annual budget of government agencies;
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2) itemized monthly collections and disbursement;
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3) summary of income and expenditures;
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4) component of the IRA utilization;
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5) annual procurement plan and procurement list;
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6) an updated plantilla of positions and vacant positions with quaiifications/
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requirements in their organizations that need to be filled up;
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7) Items to Bid;


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8) Bid Results on Civil Works, and Goods and Services;
9) Abstract of Bids as calculated;
10) Procurement contracts entered into by a government agency with 
corresponding income tax returns, if applicable, of the person or entity 
awarded of the same;
11) Construction or concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity;
12) 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;
13) Public funding extended to any private entity;
14) Bilateral or multilateral agreements and treaties in trade, economic 
partnership, investments, cooperation, and similar binding 
commitments;
15) Licenses, permits, or agreements granted by any government agency to 
any person or entity for the extraction and/or utilization of natural 
resources and a list of the grantees;
16) Guarantees given by any government agency to GOCCs and to private 
corporations, persons or entities;
17) Loans from domestic and foreign financial institutions;
18) 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 o institutions; 
and
19) Compromise agreements entered into by a government agency with any 
person or entity.
The register shall contain a brief description of the transaction involved 
including, but not limited to: 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 uploaded in full on the website of the


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concerned government agency or the OfTicial Gazette online. A covered record shall
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be enrolled in the register not later than thirty (30) working days from its perfection
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or issuance.
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Sec. 9. Openness and Transparency in Government Agencies. - Each
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government agency shall make available upon the request of any citizen at no cost
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and in an accessible form, consistent with the provisions of Republic Act No. 9485, or
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the Anti-Red Tape Act of 2007, as amended by Republic Act No. 11032 or the "Ease
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of Doing Business and Efficient Government Service Delivery Act of 2018," and through
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their website, timeiy, true, accurate and updated key information including, but not
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limited to:
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a) A description of its mandate, structure, powers, functions, duties and
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decision-making processes;
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b) A description of the frontline services it delivers and the procedure and
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length of time by which they may be availed of;
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c) The names of its key officials, their powers, functions and responsibilities,
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and their profiles;
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d) Audited financial statements, and budget and expenditure records;
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e) Work 
programs, development plans, investment plans, 
projects,
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performance targets and 
accomplishments, and budgets, revenue
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allotments and expenditures;
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f) Important rules and regulations, orders, or decisions: Provided, That they
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be published within fifteen (15) calendar days from promulgation;
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g) Rules of procedure, descriptions of forms available or the places at which
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forms may be obtained, and instructions as to the scope and contents of all
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papers, reports, or examinations;
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h) Substantive rules of general applicability adopted as authorized by law, and
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statements of general policy or interpretations of general applicability
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formulated and adopted by the agency, including subsequent amendments;
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i) Current and important database and statistics that it generates;
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j) Bidding processes, deadlines, and requirements;
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k) Mechanisms or procedures by which the public may participate in or
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otherwise influence the formulation of policy or the exercise of its powers;
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and
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I) Any disclaimer that shall announce true and correct information relative to
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a matter of public concern that has been the subject 
of untruthful or
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inaccurate publication in media.
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All government agencies shall build the capacity and practice to upload in full
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all other contracts, agreements, or treaties covered under this section, in particular
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those that are of the highest public interest by reason of the amounts involved and
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the impact of the transaction to the public.
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Sec. 10. Protection of Privacy. - While providing for access to information in
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public records, this Act also affords full protection of the right to privacy of individuals,
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as follows:
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a) Disclosure of public records involving personal data shall be guided by the
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principles of transparency, legitimate purpose, and proportionality;
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b) A government agency must ensure that personal and sensitive information
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in its custody or under its control is disclosed only as permitted under this
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Act;
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c) A government agency must protect personal data in its custody or under its
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controls in accordance with the provisions of the Republic Act No. 10173 or
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the Data Privacy Act of 2012, its implementing rules and regulations, and
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issuances by the National Privacy Commission (NPC); and
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d) An employee, officer, or official of a government agency who has access,
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whether authorized or unauthorized, to personal and sensitive information
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in the custody of the agency, must not disclose that information except as
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authorized under this Act.
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Sec. 11. Freedom of Information (FOI) Manual. - For the effective
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impiementation of this Act, all government agencies shall prepare a Freedom of
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Information (FOI) Manual within six (6) months from the effectivity of this Act
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indicating the following:
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a) The location and contact information of the head, regional, provincial, and
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field offices, and other established places where the public can obtain
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government information or submit requests;
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b) The types of information it generates, produces, holds, and/or publishes;
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c) A description of its record-keeping system;
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d) The person or office responsible for receiving requests for information;
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e) The procedure for the filing of requests personally, by mail, or through the
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identified electronic means;
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f) The standard forms for the submission of requests and the proper
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acknowledgment of the request;
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g) The process for the disposition of the request, including the routing of the
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request to the person or office with the duty to act on the request, the
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decision-making process, and the grant or denial of access and its
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implementation;
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h) The procedure for the administrative appeal of any denial of access to
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information;
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i) The schedule of fees;
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j) The process and procedure for the mandatory disclosure of information
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under Section 8 of this Act: Provided, That should the agency lack the
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capacity to fully comply therewith, a brief description of its plan to facilitate
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compliance within three (3) years from the approval of this Act; and
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k) Such other information, taking into consideration the unique characteristics
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of an agency, which will help facilitate the effective implementation of this
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Act. The foregoing information shall also be posted on its website and
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bulletin boards and shall be regularly updated.
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In no case shall the absence of the aforementioned manual be a reason for the
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denial of any request for information made in accordance with this Act.
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The heads of each of the departments and agencies may designate liaison units
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or Committees who shall coordinate with the other units of the agency in implementing
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this Act. The composition, functions, and duties of these liaison units or Committees
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shall be included in the FOI Manual.
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Sec. 12. Procedure of Access. -
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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 
due to being a person with disability, to make a written request for 
information may make an oral request, and the public official who receives 
the oral request shall reduce it to writing, and include his 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 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, 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 verifiable 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 requesters particularly those with special needs, 
to comply with the request requirements under this section;
c) 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. 
Each government agency shall establish a system to trace the status of all 
requests for information received by it;
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d) The request may indicate the requesting party's preferred mode and means
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of receiving the information requested, provided that the mode and means
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are reasonable, taking into consideration equipment normally available to
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the concerned government agency;
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e) A government agency may communicate the information requested in a
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form other than the preferred means whenever the agency has no capability
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of communicating the information in the preferred format, or such preferred
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means would unreasonably interfere with the effective operation of the
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agency or be detrimental to the preservation of the record;
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f) The government agency shall comply with such request as soon as
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practicable, and in any case within fifteen (15) working days from the
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receipt thereof. The period may be extended whenever the information
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requested requires a search of the government agency's field or satellite
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offices, examination of voluminous records, the occurrence of fortuitous
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events, or other analogous cases;
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g) The government agency shall, in writing or through electronic means, notify
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the person making the request of the extension, setting forth the reasons
18 
for such extension and the date when the information shall be made
19 
available, which in no case shall result in an extension of more than twenty
20 
(20) working days; and
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h) Once a decision is made to grant the request, the person making the request
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shall be notified of such and shall pay the required access and processing
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fees.
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If the information is not held by the government agency to which the request
25 
was made, it shall notify the requester that it does not hold the information, and
26 
indicate to the requester which agency holds the record, if known. Whenever
27 
practicable, the agency receiving the request may also cause the transfer of the
28 
request to the appropriate agency that holds the information: Provided, That the
29 
period to comply with the request under this section shall begin to run only upon the
30 
receipt of the agency to which the request is transferred.
31 
Sec. 13. Access and Processing Fees. - Government agencies may charge a
32 
reasonable fee which shall in no case exceed the actual cost of reproduction, copying
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or transcription and the communication of the information requested. An agency may
2 
waive the fees whenever it is satisfied that the requester is an indigent, that the cost
3 
of reproduction is negligible, or that it is pursuant to a program for proactive
4 
disclosure.
5 
Sec. 14. Exemption from Compliance. - The government agency is excused
6 
from complying with a subsequent identical or substantially similar request from the
7 
same requesting party where it has previously complied with a request for information
8 
unless a reasonable interval has lapsed between compliance with the previous request
9 
and the making of the current request: Provided, That the government agency
10 
complies with Section 15 of this Act.
11 
Sec. 15. Notice of Denial. - If the government agency decides to deny the
12 
request, in whole or in part, it shall, as soon as practicable, and in any case within
13 
fifteen (15) calendar days from the receipt of the request, notify the person making
14 
the request of such denial in writing or through electronic means. The notice shall
15 
clearly set forth the ground or grounds for denial and the circumstances on which the
16 
denial is based, and indicate available rights of reconsideration or appeal. Failure to
17 
notify the person making the request of the denial, or the extension, shall be deemed
18 
a denial of the request for access to information.
19 
Sec. 16. Remedies in Cases of Denial of Request for Information. -
20 
a) In all government agencies other than the judicial branch:
21 
1) Every denial of any request for access to information may be appealed
22 
to the person or office next higher in authority of the same agency,
23 
following the procedure mentioned in Section 11 (h) of this Act:
24 
Provided, That the written appeal must be filed by the same person
25 
making the request within fifteen (15) working days from the notice of
26 
denial. The appeal shall be decided by the person or office next higher
27 
in authority of the same agency within five (5) working days from the
28 
filing of said written appeal. Failure of the government agency to decide
29 
within the aforestated period shall constitute a denial of the appeal;
30 
2) Upon denial of the appeal with the government agency, the requesting
31 
party may file a verified petition for mandamus in the proper court,
32 
alleging the facts with certainty and praying that judgment be rendered
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ordering the respondent, immediately or at some other time to be 
specified by the court, to disclose the requested information. Unless 
restrained or enjoined, the decision of the court shall be immediately 
executory without prejudice to review in accordance with the Rules of 
Court. Any action for administrative and/or criminal liability arising from 
the same act or omission, if any, shall be filed with the Office of the 
Ombudsman.
No damages shall be assessed against the respondent unless it is 
proven that the respondent acted with malice, bad faith, or negligence. 
Subject to the provisions of existing laws and the issuances of the 
Supreme Court, all courts shall give preference to the hearing and 
disposition of petitions for mandamus filed pursuant to the provisions of 
this Act. The court hearing the case is empowered to receive the 
information subject of a claim of exception under Section 7 herein and 
examine them 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.
c) The remedies provided in this section are without prejudice to any other 
administrative, civil, or criminal action covering the same act.
d) The remedies available under this Act shall be cumulative and subject to the 
rule of exhaustion of administrative remedies. The provisions of Republic 
Act No. 9285, or the Alternative Dispute Resolution Act of 2004, shall not 
apply to cases filed pursuant to this section.
e) In case the requesting party has limited or no financial capacity, the Public 
Attorney's Office (PAO) shall be mandated to provide legal assistance to the 
requester in availing of the remedies provided under this Act.
Sec. 17. 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, resolutions, enactments,
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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 purposes 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. This likewise includes 
information submitted by public service contractors to the government 
agency concerned such as receipts, identities of the suppliers, purchase 
orders, cash vouchers, related agreements with other private entities, and 
other documents related to the execution or the implementation of their 
transactions or contracts with the government agency involved.
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 (NAP). In addition, the NAP shall likewise identify 
specific and classes of official records that it shall require agencies to 
preserve and transfer to it.
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;
2) Records of government contracts;
3) Records of official investigations pertaining to allegations of graft and 
corruption 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 program that includes 
the following:
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1) A records maintenance system for the creation, selection, classification,
2 
indexing, and filing of official records that facilitate the easy
3 
identification, retrieval, and communication of information to the public;
4 
2) A records maintenance, archival, and disposition schedule providing a
5 
listing of records under current use, for retention by the agency, for
6 
transfer to the National Archives, or for destruction: Provided, That
7 
destruction of the official records may be implemented only upon
8 
approval of the NAP; and
9 
3) A specification of the roles and responsibilities of agency personnel in
10 
the implementation of such system and schedule.
11 
e) In addition to its function as a repository of all rules and regulations issued
12 
by agencies as provided under Book VII, Chapter II of the Administrative
13 
Code of 1987, the University of the Philippines Law Center (UPLC) shall, in
14 
coordination with the Office of the President which has exclusive editorial
15 
and printing jurisdiction over the Official Gazette, and with other relevant
16 
agencies, maintain a database, and publish the same in print in the Official
17 
Gazette or in digital or online form, the following;
18 
1) All laws of the Philippines and their amendments, from the period of the
19 
Philippine Commission to the present;
20 
2) All presidential issuances from November 15, 1935, to the present
21 
including, but not limited, to executive orders, presidential
22 
proclamations, administrative orders, memorandum circulars, general
23 
orders, and other similar issuances;
24 
3) A database of all appointments and designations made by the President
25 
of the Philippines; and
26 
4) Opinions of the Secretary of Justice
27 
Sec. 18. Publication in the Official Gazette. - For purposes of mandatory
28 
disclosure as provided in Section 8 of this Act, online publication in the Official Gazette
29 
website shall be considered official publication, provided there shall be a timestamp in
30 
the said document.
31 
For purposes of compliance with Article 2 of the Civil Code of the Philippines,
32 
publication of the following in the online version of the Official Gazette, with the
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1 
corresponding timestamps on the document, shall be considered as official
2 
publication:
3 
a) All legislative Acts and resolutions of a public nature of the Congress of the
4 
Philippines;
5 
b) All executive and administrative orders and proclamations of general
6 
application;
7 
c) Decisions or abstracts of decisions of the Supreme Court and the Court of
8 
Appeals or other courts of similar rank, as may be deemed by said courts of
9 
sufficient importance to be so published; and
10 
d) Such documents or classes of documents as the President shall determine
11 
from time to time to have general application or which he may authorize to
12 
be published. However, other documents or classes of documents as may
13 
be required to be published by law, such as petitions and/or legal notices in
14 
connection with land titles, naturalization or special proceedings shall
15 
continue to be published in the print version of the Official Gazette or any
16 
newspaper of general circulation for purposes of compliance with the
17 
publication requirement.
18 
Sec. 19. Capacity-Building, Promotion of Best Practices, and Continuous
19 
Updating of Appropriate Information Technology and FOI. - All government agencies
20 
must ensure that they have a compliant website within two (2) years from the date of
21 
effectivity of this Act. The Department of Information and Communications
22 
Technology (DICT) shall monitor all government agency websites and render the
23 
appropriate support including capacity-building programs and coordination with
24 
another appropriate agency, utilizing alternative mechanisms and seeking the
25 
assistance of relevant and willing private volunteer groups to ensure full compliance
26 
with the requirements of this Act.
27 
In the performance of its monitoring function of government websites and
28 
portals, the DICT shall endeavor to continuously develop, improve, and update its
29 
information technology system taking into consideration the usability and practical
30 
accessibility of government documents by the public.
31 
The DICT shall be responsible for setting the standards for the file formats to
32 
be used by the political subdivisions of the State, all national and local government
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agencies including GOCCs with or without original charter in the publication of
2 
government public information in accordance with the provisions of this Act.
3 
Every government agency shall ensure the provision of adequate training for
4 
its officials to improve awareness of the people's right to information and the
5 
provisions of this Act and to keep updated as to best practices in relation to information
6 
disclosure, records maintenance, and archiving.
7 
Sec. 20. Use of Plain Language. - Every government agency shall endeavor to
8 
use plain language in their communications orders, compliance, requirements, or
9 
instructions issued to implement the provisions of this Act. The government agencies
10 
shall translate key information into major Filipino languages and present them in
11 
popular form and means.
12 
a) To carry out the provision of this Act, the Civil Service Commission (CSC) is
13 
designated to issue guidelines on the use of plain language to suit the needs
14 
of the requesting party;
15 
b) The CSC shall provide the necessary training to employees of each
16 
government agency in using plain language in public documents;
17 
c) All departments, agencies, and instrumentalities of the national
18 
government, including LGUs, and SUCs, shall designate an official
19 
responsible for implementing the plain language; and
20 
d) Website contents including, but not limited to, financial data, notices, and
21 
other technical and legal documents, of government agencies must also be
22 
written in plain language to ensure that this information is easy to read,
23 
understand and use.
24 
Sec. 21. Administrative Offenses and Penalties. -
25 
a) The Acts enumerated in this subsection shall be tantamount to grave
26 
administrative offenses and shall constitute grounds for administrative and
27 
disciplinary sanction against any public official or employee who willfully and
28 
knowingly commits the following:
29 
1) Refusal to promptly forward the request under Section 12 of this Act to
30 
the public officer within the same office or agency responsible for
31 
officially acting on the request when such is the direct cause of the failure
32 
to disclose the information within the periods required by this Act;
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2) Failure to act on the request within the periods required by this Act;
2 
3) Refusal to comply with the decision of his immediate supervisor, or any
3 
court ordering the release of information;
4 
4) Approval of policies, rules, and regulations clearly contrary to the
5 
provisions of this Act, and which policies, rules, and regulations are the
6 
direct cause of the denial of a request for information;
7 
5) Failure to upload information required to be posted on an agency's
8 
website within the period provided under Section 19: Provided, That the
9 
head of agency or any other officer or employee tasked to perform said
10 
uploading shall be held liable.
11 
b) The preceding subsection does not bar the filing of appropriate
12 
administrative cases other than those grave offenses enumerated above.
13 
Sec. 22. Criminal Offenses and Penalties. -The penalty of imprisonment of not
14 
less than one (1) year but not more than six (6) years and a fine ranging from One
15 
Hundred Thousand Pesos (P100,000.00) to One Million Pesos (P1,000,000.00) shall
16 
be imposed upon:
17 
a) Any public official or employee who falsely denies or conceals the existence
18 
of information that is a proper subject for disclosure under this Act;
19 
b) Any public official or employee who destroys, or causes to be destroyed
20 
information and/or documents being requested under this Act, for the
21 
purpose of frustrating the requesting party's access thereto;
22 
c) Any public officer or employee responsible for officially acting on the
23 
request, who shall claim an exception under Section 7 of this Act, or under
24 
the Constitution, when such claim is manifestly devoid of factual basis;
25 
d) Any individual who divulged or released information covered under Section
26 
7 of this Act;
27 
e) Any public officer or employee who divulged or released information that is
28 
altered, tampered or modified to the extent that the released information
29 
materially differs from the original contents of the document: Provided, That
30 
altering or modifying a document for the purpose of severing an exempt
31 
information from non-exempt information in a single document shall not be
32 
punishable under this subsection; and
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f) The responsible officers of the public service contractor and the signatories
2 
to the contract or any document evidencing transaction with the
3 
government or government agency who fail to submit the necessary
4 
documents/papers.
5 
If the violation committed in this Act is induced and assisted by a private
6 
individual or a corporation, partnership or any kind of judicial entity, the penalty
7 
provided herein shall be imposed on its executive officer and/or other officials
8 
responsible therefor: Provided, That they shall suffer, in addition to the penalties
9 
provided herein, the automatic revocation of their license to operate.
10 
Any public official or employee who willfully destroys, or causes to be
11 
destroyed, or sells, information and/or documents being requested under this Act, for
12 
the purpose of frustrating the requesting party's access thereto shall suffer a fine of
13 
not less than Five hundred thousand pesos (P500,000.00) but not more than One
14 
million pesos (P1,000,000.00) or a penalty of five (5) years but not more than fifteen
15 
(15) years, or both, as provided in Republic Act No. 9470 or the National Archives of
16 
the Philippines Act.
17 
Sec. 23. Denial in Good Faith Not a Ground for Liability. - A denial in good faith
18 
of a request made pursuant to the provisions of this Act shall not constitute grounds
19 
for administrative, civil, or criminal liability. In cases of denial of the request, the public
20 
official, officer, or employee involved must prove that he/she acted in good faith by
21 
specifying the ground relied upon for the denial.
22 
Sec. 24. Act Not a Bar to Claim of Right to Information Under the Constitution.
23 
- No provision of this Act shall be interpreted as a bar to any claim of the right to
24 
information under Article III, Section 7 of the Constitution.
25 
Sec. 25. Integration of Freedom of Information (FOI) and Good Governance in
26 
Elementary and Secondary Curriculum. - To ensure a well-informed generation of
27 
citizens, the right to information, the principles of accountability and transparency,
28 
democracy and leadership, and good governance shall be integrated with such
29 
subjects as Heyograpiya, Kasaysayan at Sibika (HEKASI), and Araiing Paniipunan in
30 
the elementary level and such subjects as Social Studies and Makabayan or its
31 
equivalent subjects in high school level. The Department of Education (DepEd) in
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coordination with the CSC and other relevant offices shall prepare the necessary
2 
modules and teaching programs consistent with the objectives of this Act.
3 
Sec. 26. Reports on FOI. - All government agencies shall be required to submit
4 
annual reports on the number of requests for information received and processed, of
5 
appeals made from the denial thereof, and such other information as provided in this
6 
Act. The said report may be integrated with the agencies' main Annual Report and its
7 
posting and publication in their respective websites shall be considered as sufficient
8 
compliance.
9 
Sec. 27. System of Incentives and Rewards. - A system of special incentives
10 
and rewards is hereby established to be given to appropriate government agencies or
11 
agencies that initiated and displayed compliance and full participation in the
12 
meaningful implementation of this Act. The incentives and rewards may include, but
13 
not limited to, social projects, grants-in-aid, national recognition, and similar
14 
entitlements.
15 
Sec. 28. Appropriations. -The amount necessary to carry out the provisions of
16 
this Act shall be charged against the agencies' current budget and shall thereafter be
17 
included in the annual General Appropriations Act.
18 
Sec. 29. Separabiiity Cause. - If any part or provision of this Act is held
19 
unconstitutional or invalid, the remainder thereof not otherwise affected shall remain
20 
in full force and effect.
21 
Sec. 30. Repealing Cause. - Sections 18, 24, and 25 of Executive Order No.
22 
292 in relation to Article 2 of Republic Act No. 386, Memorandum Circular No. 78 dated
23 
14 August 1964 (Promulgating Rules Governing Security of Classified Matter in
24 
Government Offices), as amended, and Section 3, Rule IV of the Rules Implementing
25 
Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and
26 
Employees), are hereby repealed: Provided, That Memorandum Circular No. 78 shall
27 
be deemed repealed after one (1) year from the effectivity of this Act or upon issuance
28 
of the Executive Order in Section 7(a) whichever comes first.
29 
All other laws, presidential decrees, executive orders, letters of instruction,
30 
proclamations, or administrative regulations that are inconsistent with the provisions
31 
of this Act are hereby repealed, amended, or modified accordingly.
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Sec. 31. Effectivity. -This Act shall take effect after fifteen (15) days following
2 
the completion of its publication in the Official Gazette, or in a national newspaper of
3 
general circulation.
Approved,
24