Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BrLE:NO.__ 4851

Intreduced by CIBAC Party List Rep. Sherwin N. Tagna

EXPLANATORY NOTE

The people’s right to official information is an indispensable clement of a functioning
representative democracy. The ideal of a “government by the people” presupposes that the
People have access to information on matters of public concem in order to effectively exercise its
governing power. As observed by the Philippine Supreme Court in one case, “(T)here can be no
realistic perception by the public of the nation’s problems, nor a meaningful democratic
decision-making if they are denied access to information of public interest.” The free flow of
information about the affairs of government paves the way for debate in public policy, and
fosters accountability in government.

The people’s right to official information is not only a political imperative. It is also
essential in economic life. A free flow of official information results in better government
policies. It provides institutional foundation for a more responsive government planning by
enhancing the capacity of the public to provide timely feedback to government The availability
of official information widens the base for the generation of more knowledge about key
development issues, not only by researchers and academic institutions, but also by the public at
Jarge. It promotes constructive and informed debate between and among goverment and
stakeholders, and builds consensus around policy objectives and design, All these promote more
informed government interventions supported by a solid and broad-based constituency.

A free flow of official information is also a vital safeguard against comuption and rent
secking in government. The economic costs of corruption and rent secking are well known.
There is loss in consumer surplus arising from higher prices, as well as loss in output because
Tesources are wasted in rent-secking activities such as bribery. Secrecy in government makes
corruption and rent secking flourish. It gives government officials and rent seekers alike a wider
room for maneuver and a greater cover for any evidence in corruption. In contrast, transparency


exposes the vested interests involved, leads to the identification of corrupt officials, and
eventually develops a more level playing fietd among economic actors.

Finally, a free flow of official information enhances economic performance. The availability
of information of official rules, policies, programs, and resource allocation enables the private
sector to make sound long-term, economic decisions. This, in turn, advances economic efticiency
and competitiveness.

The Philippine Coustitution guarantees the right of its people to information on matters of
public concern, Section 7 of the Bill of Rights of the 1987 Constitution reads:

“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
Itmirattons as may be provided by law.”

Jurisprudence has so far clarified key aspects of the right of the people to information on
matters of public concern, particularly its nature and scope. As regards its nature, the Philippine
Supreme Court has proclaimed that the right to information is not a private right, but a public
right, which may be asserted by any citizen. Regarding its enforceability, the Philippine Supreme
Court in the case of Legaspi vs, Civil Service Commission has held that the Constitutional
provisions on the rights to information are self-executing, As to the scope of the guarantee, it
covers such information that relates to matters of public concern.

Despite the Constitutional guarantee and the judicial affirmation of the right, deniat of
access {0 information on matters of public concer in the Philippines remains widespread. ‘this
situation can be mitigated by a law on public access to official information that will complement
the existing Constitutional guaranty and relevant jurisprudence.

In view of this, this bill seeks to:

{a) put in place a uniform, simple, speedy and effective means of enforcing the right to
information;

(b) provide a ctear penalty for the unlawful denial of access to official information; and

(©) clarify further the scope of the guarantee by defining its coverage and prescribing
reasonable limitation.

Immediate passage of this bill is therefore of utmost importance,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS.
Second Regular Session

House Bill No. 4854

Introduced by CIBAC Party List Rep. Sherwin N, Tugna

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

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

SECTION 1. Short Title. ~ This Act shall be known as the “Freedom of
Information Act of 2010”.

SEC, 2. Declaration of Policy. — The State recognizes the right of the people to
information on matters of public concem, 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, politica and economic decision-making

SEC. 3, Coverage. - This Act shall cover all government agencies as defined
under Section 4 of this Act


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

(a) “Information” shall mean any knowledge, record, document, paper, report,
letters, contract, minutes and transcripts of official meetings, maps, books,
photographs, data, research material, film, sound and video recordings, magnetic
or other tapes, electronic data, computer stored data, or any other like or similar
data or matetial recorded, stored or archived in whatever form or format, which
are made, received or kept in or under the control and custody of any government
agency pursuant to law, executive order, rules and regulations, ordinance or in
connection with the performance or transaction

of official business by any government agency.

(b) “Government agency” shall include the executive, legislative and judicial
branches as well as the constitutional bodies of the Republic of the Philippines
including, but not limited to, the national government and all its agencies,
deparmments, bureaus, offices and instnumentalities, 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 tower courts established by law.

(©) “Official records” shall refer to information produced or received by a public
officer or employee, or by a government agency in an official capacity or pursuant
to a public function or duty, and is not meant to be a stage or status of the
information.

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

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

SEC. 6. Access to Information. ~ Government agencies shall make available to
the public for scrutiny, copying and reproduction in the manner provided by this Act, all
information pertaining to official acts, transactions or decisions, as well as government
research data used as basis for policy development, regardless of their physical form or
format in which they are contained and by whom they were made.


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

{a) The information is specifically authorized to be kept sccret under guidelines
established by an executive order, and in fact properly classified pursuant thereto:
Provided, That (1)The information directly relates to national defense and its
revelation will cause grave damage to the internal and external defense of the
State; or (2) The information requested pertains to the foreign affairs of the
Republic of the Philippines, when its revelation unduly weaken the negotiating
Position of the government in an ongoing bilateral or multilateral negotiation or
seriously jeopardize the diplomatic relations of the Philippines with one or more
states with which it intends (o keep friendly relations: Provided, further, That the
executive order shall specify the reasonable period by which the information shall
be automatically declassified or subject to mandatory declassification review, and
that any reasonable doubt as to classification and declassification shall be settled
in favor of the right to information,

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

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

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

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

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


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

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

For letters (b) to (h) of this section, the determination whether any of these
grounds shall apply shalt be the responsibility of the head of office of the
government agency in custody or control of the information, or any responsible
central ot field officer/s duly designated by him.

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

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

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

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

SEC. 9. Procedure of Access. — (a) Any person who wishes to obtain information
shall submit a request to the government agency concerned personafly, by mail, or
through electronic means. The request shal] 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
goverment 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, or government or private emplayer 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 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.

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

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

(3) An opportunity to copy the information using personal equipment,

(4) A written transcript of the information contained in a audio or visual
form;

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

(6) A transcript of the information from shorthand or codified form; or
(7) Other reasonable means or format.

{@) A government agency may communicate the information requested in a form
other than the preferred means whenever such preferred means would unreasonably
interfere with the effective operation of the agency, or be detrimental to the preservation
of the record.

(e) The government agency shalt comply with such request within seven @
working days from the receipt thereof,

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

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

(2) To search for, collect and appropriately examine a voluminous amount
of separate and distinct information which are demanded in a single
Tequest,

(3) Consultation, which shall be conducted in all practicable speed, with
another government agency or among two (2) or more components of the


goverment agency having substantial interest in the determination of the
request; and

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

(g) The government agency shall, in writing or through electronic means, notify
the person making the request of the extension, setting forth the reasons for such
extension and the date when the information shail be made available: Provided, That no
such notice shall specify a date that would result in an extension of more than fifteen (15)
working days from the original deadline.

SEC. 10. Access Fees. — Government agencies may charge a reasonable fee to
reimburse the actual cost of reproduction, copying or transcription and the
communication of the information requested.

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

SEC. 12, Implementation Requirements. — (a) Fot the effective implementation
of this Act, all government agencies shall prepare a Freedom of Information Manual,
with the end in view of facilitating easy access to information, which shail include the
following:

(1) The location and contact information of the head, regional, provincial
and field offices, and other established places where the public can obtain
information or submit requests;

(2) The types of information it generates, produces, holds and/or
publishes;

(3) A description of its record-keeping system;

(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;

(6) The standard forms for the submission of request and for the proper
acknowledgement of the request;

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

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

(9) The schedule of fees;

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

(21Should the agency lack the capacity to comply with Section 14(a) of
this Act, a brief description of its plan to facilitate comptiance within three
(B) years from the approval of this Act; and

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

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

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

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

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

(4) Every denial of any request for access to information may be appealed
to the person or office next higher in authority, following the procedure
mentioned in Section 12(a) (8) of this Act: Provided, that the appeal must
be filed within fifteen (15) calendar days from the notice of denial and
must be decided within fifteen (15) calendar days from filing. Failure of


the government agency to decide within the aforestated period shall
constitute a denial of the appeal; and

(2) Instead of appealing or after the denial of the appeal, the person denied
access to information may file a verified complaint with the Office of the
Ombudsman, praying that the government agency concemed be directed to
immediately afford access to the information being requested Such
complaint shall be resolved by the Office of the Ombudsman within sixty
(60) calendar days from filing, or earlier when time is of the essence,
taking into accoumt such factors as the nature of the information requested,
context of the request, public imerest and danger that the information
fequested will become moot The Office of the Ombudsman shail
promulgate its special rules of procedure for the immediate disposition of
complaints filed pursuant to this Section. Unless restrained or enjoined,
the decisions of the Office of the Ombudsman shall be immediately
executory, without prejudice to review in accordance with the Rules of
Court.

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

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

(b) In the Judicial Branch ~ The Judiciary shall be govemed by such remedies as
promulgated by the Supreme Court

(c) The remedies under this section are without prejudice to any other
administrative, civil or criminal action covering the same act.

(A) 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
Attomey’s Office shall be mandated to provide legal assistance to the requester in
availing of the remedies provided under this Act.

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

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

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

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

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

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

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

(6) Loans from domestic and foreign financial institutions;

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

(8) Public funding extended to any private entity;

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

(1O)Licenses, permits or agreements given by any government agency to
any person or entity for the extraction and/or utilization of natural
resources. A summary list of the foregoing information uploaded in the


website shall be posted in the bulletin boards of the concemed government
agency.

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

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

SEC. 15. Keeping of Records. — a) Goverment agencies shall create and/or
maintain in appropriate formats, accurate and reasonably complete documentation or
records of their organization, policies, transactions, decisions, resolution, enactments,
actions, procedures, operations, activities, communications, documents received or filed
with them and the data generated or collected. These shall include working files such as.
drafts or notes, whenever these have been circulated within the agency for official
purpose such as for discussion, comment or approval or when these contain unique
information that can substantially contribute to 2 proper understanding of the agency
organization, policies, transactions, decisions, resolutions, enactments, actions,
procedures, operations, and activities:

b) Government agencies shall identify specific and classes of official records in
their custody or control that have continuing historical, administrative, informational,
legal, evidentiary, or research value for preservation by such agencies or their legitimate
successors, or for transfer to the National Archives of the Philippines, In addition, the
National Archives of the Philippines shall likewise identify specific and classes of official
records that it shall require agencies to preserve and transfer to it.

¢) In addition to the specific and classes of official records indentified for
Preservation under letter (b) of this Section, the following shall not be destroyed:

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

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

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


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

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

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

3) A specifications of the roles and responsibilities of agency personnel in
the implementation of such system and schedule.

¢} In addition to its function as repository of all rules and regulations issued by
agencies as provided under Book VII, Chapter Ll of the Administrative Code of 1987, the
University of the Philippines Law Center, in coordination with the National Printing
Office as the agency with exclusive printing jurisdiction over the Official Gazerte, shall
maintain a database, and publish the same in print in 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 limited, to executive orders, presidential
proclamations, administrative orders, memorandum circulars, general orders, and other
similar issuances; 3) A database of all appointments made by the President of the
Philippines; and 4) Opinions of the Secretury of Justice.

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

(2) 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;

(22, "bunpetartnels.and wreelatings Lnetenn aby raisin pi odinpitis, hot
(6) Current and important database and statistics that it generates;

(7) Bidding processes and requirements; and

(8) Mechanisms or procedures by which the public may participate io 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.

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

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

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

(b) Any public officer or employee responsible for officially acting on the request,
who shall:

(1) Fail, to act on the request within the periods required by this Act;
(2) Knowingly deny the existence of existing information;

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

(4) Claim an exception under Section 7 of this Act, or under the

Constitution, when the claim is manifestly devoid of factual basis; or (5)
Refuse to comply with the decision of his immediate supervisor, the

12


Ombudsman or the court ordering the release of information that is not
restrained or enjoined by a court;

(c) The head of office of the government agency directly and principally
responsible for the negotiation and perfection of any of the transactions enumerated in
Section 14(a) of this Act, who shall knowingly refuse, to direct the mandatory posting or
uploading of such transaction despite the agency capacity to implement such directive.
The same penalty shall be imposed upon the public officer or employee who, despite a
directive from the head of office, shall fail, to post or upload any of the transactions
enumerated in Section 14(a) of this Act;

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

(©) Any public officer who formulates policies, rules and regulations manifestly
contrary to the provisions of this Act, and which policies, rules and regulations are the
direct cause of the denial of a request for information; or

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

SEC. 18. Act Not a Bar to Claim of Right to Information Under the
Constitution. — No provision of this Act shall be interpreted as a bar to any claim of
denial of the right to information under Article III, Section 7 of the 1987 Constitution.

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

SEC. 20. Repealing Clause, — All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsisteat with the provisions of this Act,
including Memorandum Circular No. 78 dated 14 August 1964 (Promulgating Rules
Governing Security of Classified Matter in Government Offices), as amended, and
Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of
Conduct and Ethical Standards for Public Officials and Employees), are deemed
repealed.

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

Approved,

Bb