r
HOUSE YF REPRESENTATIVES:

~ RECEIVED
pave? 0 AUN 2099
iS

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TNE 27
BY:

Seventeenth Congress RECISTRATION UNIT

First Regular Session

HOUSE BILL NO. 237

Introduced by Representative Jorge T. Almonte

EXPLANATORY NOTE

The proposed law strengthens the constitutional provision on the right of the people to
information on matters of public concern (Sec 7, Art Til, Bill of Rights of the Constitution), and
implements the policy of full public disclosure of all government transactions involving public
interest as espoused under Section 28 Article 11 of the Constitution. But as rights are not absolute,
the bill also provides a list of exceptions that carefully balances the right to information with
other legitimate and reasonable competing rights of individuals (such as privacy) as well as of
the state. Equally important, it also lays down the parameters and mechanisms for the citizens”
access to information in all government offices,

The Freedom of Information measure has been in the Philippine Congress since the 8th Congress
in 1987, ahead of many countries in Asia. Since then, all the succeeding congresses have
considered FOI proposais and reaching the various stages of the legislative process

This is a refiled bill of House Bill No. 5801, contained in Committee Report No. 746 as reported
out by the Committee on Public Information in the 16th Congress. HB 5801 was the consolidated
version of bills introduced and/or co-authored by Honorable Raul V, Del Mar, Marcelino R.
Teodoro, Teddy Brawner Baguilat Jr.. Kaka J, Bag-ao, Leah Samaco-Paquiz, Rodolfo G. Biazon,
Sherwin N. Tugna, Winston “Winnie” Castelo, Deogracias B. Ramos, Jr., Estrellita B. Suansing,
Saivio B. Fortuno, Magnolia C. Antonino, Tbarra M. Gutierrez III, Walden F. Bello, Karlo Alexei
B. Nograles, Diosdado Macapagal Arroyo, Gloria Macapagal-Arroyo, Cresente M. Paez,
Anthony M. Bravo, Gus §. Tambunting, Xavier Jesus “XJ” D. Romualdo, Emmeline Y. Aglipay-
Villar, Jose Christopher Y. Belmonte, Maria Leonor Gerona-Robredo, Henedina R. Abad,
Cinchona Cruz-Gonzales, Sol Aragones, Nicasio M. Aliping, Jr, Juan Johnny R. Revilla, Juliette
T. Uy, Ronaldo B. Zamora, Christopher $. Co, Rodel M. Batocabe, Ma. Victoria R. Sy-Alvarado.
Lorna Q. Velasco, Amado $ Noel L. Villanueva, Juliet R. Cortuna, Lawrence Lemuel
H. Fortun, Frederick F. Abueg, Erlpe John M. Amante, Rodrigo A. Abellanosa, Jose I. Tejada,
Erlinda M. Santiago, Edcel “Grex” B. Lagman, Erico Aristotle C. Aumentado, Angelina DL. Tan,
M.D.. Arthur C. Yap, Gerald Anthony V. Gullas, Jr, Henry S. Oaminal, Rose Marie J. Arenas,
Gary C. Alejano, Emi G. Calixto-Rubiano, Lilia Macrohon-Nufto, Rolando A. Uy, Benjamin D.
Asilo. Sitti Djalia A. Turabin-Hataman,Marlyn L. Primicias-Agabas, Nancy A. Catamco, Lino $



Cayetano, Abigail Faye C. Ferrioi-Pascual, Eric L. Olivarez, Anthony G. Del Rosario, Maria
Lourdes Acosta-Alba, Jorge T. Aimonte and Sherwin T. Gatchalian,

Approvs

\ ’
RGE T. ALMONTE 2.7

Representative, 1“ District Misamis Occidental



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS,
First Regular Session

House Bill No.___ 3°

Introduced by REPRESENTATIVE JORGE T. ALMONTE

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

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

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

Information Act.”

SEC. 2, Declaration of Policy. ~The State recognizes the right of the people to information
‘on matters of public concern, and adopts and implements a policy of full public disclosure of all its
ansactions involving public interest, subject to the procedures and limitations provided by this Act.
‘This right is indispensable to the exercise of the right of the people and their organizations to effective

and reasonable participation at all levels of social, political and economic decision-making.

SEC. 3. Coverage. ~ This Act shall cover all government agencies, to refer to the executive.
legislative, and judicial branches as well as the constitutional bodies of the Republic of the
Philippines, including the national government and all its agencies, departments, bureaus. offices and
instrumentalities, constitutional commissions and constitutionally mandated bodies. local
governments and all their agencies. regulatory agencies, chartered institutions, government-owned or
controlled corporations, including wholly-owned or controlled subsidiaries, government financial
institutions. state universities and colleges, the Armed Forces of the Philippines, the Philippine
National Police, all offices in the Congress of the Philippines including the offices of Senators and

Representatives, the Supreme Court and all lower courts established by law

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

(@ Dataset refers to an organized collection of data in a variety of forms. including tabular,
‘gcospatial, or image data files.

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(b) Information refers to data that have been processed into a record, document, paper, report. letter.
contact, minutes and transcripts of official meetings, maps, books, photographs, data, research
materials, in whatever form, or films. audio and video recordings, magnetic or other tapes, electronic
data, in whatever format, which are made. received or kept in or under the control and custody of any
government agency pursuant to law, executive order, rules and regulations, ordinance, or in

connection with the performance or transaction of official business by any government agency

(©) Machine-readable refers to formats that allow data to be extracted and processed by computer

programs.

(d) Official record refers to information produced or received by a public officer or employee, or by
4 government ageney in an official capacity or pursuant to a public function or duty. This shall not

refer to the stage or status of the information.

(©) Open format refers to one that is platform independent, machine readable, and made available to

the public without restrictions that would impede the re-use of that information.

() Public record refers to information required by law, executive orders, rules. or regulations to be

centered, kept, and made publicly available by a government agency

SEC. 5. Access to Information. ~ Exery person who is a Filipino citizen has a right to and
shall. on request, be given access to any record under the control of a government agency

Government agencies and public officials shall have the duty to disclose and make available for
scrutiny, copying, and reproduction in the manner provided by this Act, all information pertaining to
official acts, transactions, or decisions as well as government research data used as a basis for policy
development, subject to the exceptions enumerated under Section 7 of this Act, regardless of their

physical form or format in which they are contained and by whom they were made.

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

Page 2 of 18



SEC. 6. Presumption. — There shall be a legal presumption in favor of access to information.
The request for information may be denied only if it clearly falls under the exceptions provided under
this Act. Accordingly. government agencies shall have the burden of proving that the information

requested is exempted from disclosure,
SEC. 7. Exceptions. ~ Access to information shall be granted unless

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

(b) the information consists of records of minutes and advice given and opinions expressed during
decision-making or policy formulation, invoked by the Chief Executive to be privileged by reason
of the impairment of the Chief Executive's deliberative process that would result from the
disclosure thereof, Once policy has been formulated and decisions made, minutes and research
data may be made available for disclosure unless they were made in executive session:

(c) the information requested pertains to internal and/or external defense. law enforcement, and

border control. when the disclosure thereof would:

(@ unduly compromise or interfere with any legitimate military or law enforcement
operation: or
(ii) unduly compromise or interfere with the prevention, detection or suppression of

criminal act

ity, the effective implementation of immigration controls and border
security; oF

ii) deprive a person of a right to a fair trial or an impartial adjudication: ot
(iv) lead to the disclosure of the identity of a confidential source. including a government.

Page 3 of 18


or foreign agency or authority or any private institution which furnished information
‘on a contidential basis. and. in the case of a record or information compiled by a law
enforcement authority. in the course of an investigation or by an agency conducting a
lawful national security intelligence investigation, information furnished by a
confidential source: or

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

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

(Wd) the information requested consists of drafis of the following: orders, resolutions, decisions,
memoranda or audit reports by any executive, administrative, regulatory. constitutional, judicial

or quasi-judicial body in the exercise of their adjudicatory and/or audit function:

(e) the information requested is obtained by any committee of either House of Congress in executive

session,

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

(g) the information requested pertains to trade secrets and commercial or financial information or
intellectual property obtained from a natural or juridical person other than the requesting party,
whenever the revelation thereof would seriously prejudice the interests of such natural or juridical

person in trade, industrial, financial or commercial competition:

Page 4 of 18


{h) the information is classified as privileged communications in legal proceedings by law or by the
Rules of Court. unless the person entitled to the privilege has waived it;

(i) the information requested is exempted by law or the Constitution. in addition to those provided in

this section:

(i) when prematurely disclosed, the information, would, in the case of 2 government agency that
regulates or deals with the commodities markets, currencies, interest rates, securities, or financial
institutions, likely lead to fraud, manipulation, or other unlawful acts or schemes involving
‘currencies, interest rates, securities, or. in the case of other government agencies, likely frustrate
the cflective implementation of a proposed official action: Provided, That the information shall be

accessible once the anticipated danger has ceased.

(W) the information has already been made accessible as provided for in Section 12

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

SEC. 8. Qualifications to the Exceptions.

L._ The exceptions in the preceding section shall be strictly construed:

‘The exceptions cannot be invoked to cover-up a crime, wrongdoing, graft, or corruption;

3. Whenever the information covered by an exception may be reasonably severed from a record. the
record shall be released with the exempt information redacted. or the information not covered by
the exception shall otherwise be communicated to the requesting party

4 The President. the Supreme Court, the Senate, the House of Representatives, and the
Constitutional Commissions may waive an exception with respect to information in the custody of
offices under their respective supervision or control, when they deem that there is an overriding
public interest in disclosure: and

5. The exceptions do not constitute authority to withhold information from Congress, nor authority

for the executive branch of a focal government unit to withhold information from the legislative

body of such local government unit.

SEC. 9. Mandatory Disclosure of Information. — (a) In fulfiliment of Article XI. Section 17
of the Constitution and subject to Section 5 and Section 7 (f) of this Act. the websites of their

Page § of 18


respective offices shall provide to the public, the Statement of Assets, Liabilities, and Net worth
(SALN) on an annual basis of the following national officials:

(1) the President:

(2) the Vice- President:

(3) the Members of the Cabinet,

<4) the Members of the Senate and the House of Representatives;

(3) the Justices of the Supreme Court;

(© the Commissioners of the Constitutional Commissions and other constitutional offices.
and

(7) the officers of the Armed Forces with the rank of general or the equivalent flag rank.

(b) All agencies of all branches of government shall publish in their websites and update on a monthly
basis, a register containing the foliowing information:

(J) Freedom of Information Manual in full:

(2) Rules of Procedure, descriptions of forms available or the places at which forms may be

obtained. and instructions as to the scope and contents of all papers. reports. or examinations:

(3) Substantive rules of general applicability adopted as authorized by law, and statements of
general policy or interpretations of general applicability formulated and adopted by the
agency. including subsequent amendments;

(4) Public interest documents or records, including:

G) Annual Budget of Government Agencies

ii) Itemized Monthly Collections and Disbursement

(iii) Summary of Income and Expenditures

Civ) Component of the Intemal Revenue Allotment (IRA) Utilization
() Annual Procurement Plan and Procurement List

(vi) Items for Bidding

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

(viii) Abstract of Bids, as Calculated

ix) Procurement contracts entered into by a government agency

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

Page 6 of 18


(xi) Private sector participation agreements or contracts in infrastructure and
development projects under Republic Act No. 6957. otherwise known as the
Philippine BOT Lav. as amended by Republic Act No. 7718;

(sii) Public funding extended to any private entity.

(siii) Bilateral or multilateral agreements and treaties in trade, economic partnership.
investments, cooperation and similar binding commitments:

(xiv) List of persons or entities who were granted licenses, permits or agreements for
the extraction and/or utilization of natural resources given by any government
ageney

(sv) Statement of Assets and Liabilities of the public officers of the government

mney; and

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

controlled corporations and to private corporations, persons or entities.

‘The register shall contain a brief description of the transaction involved. including the mature 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 Fifly Million Pesos (P50,000,000.00) shall be published in full in the website of the concerned
government agency or the Official Gazette Online, subject to the succeeding section. A covered
record shall be published in the website not later than thirty (30) working days from its perfection or
issuance.

(©) All government agencies shall, over time, endeavor to build their capacity and practice to publish
in full all other contracts, agreements. or treaties covered under this Section, specially those that are of
the highest public interest by reason of the amounts involved and the impact of the transaction to the
public. All government agencies must ensure that they have a compliant website within two (2) years
from the effectivity of this Act

(@) Should an agency lack the capacity to comply with the website publication requirement of this
Section, the agency shall initiate a capacity-building program, coordinate with another appropriate
agency, or use an alternative mechanism, to facilitate substantive compliance not later than three (3)

years from the effectivity of this Act

SE

- 10. Promotion of Openness in Government. ~ (a) Duty to Publish Information ~ In
conjunction with Republic Act 9485, or the Anti-Red Tape Act of 2007, government agencies shall

regularly publish, print and disseminate at no cost to the public, in an accessible form, and through

Page 7 of 18,


heir website. timely, true, accurate and updated key information, including:

(J) 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:

important rules and regulations, orders or decisions: Provided, That they be published
within fifteen (15) calendar days from promulgation;
(© datasets generated in the implementation of agency mandates, programs. activities. and

projects such as statistics, figures, and geospatial dara

(7) current and important database and statistics that it generates,

(8) bidding processes and requirements; and

(9) mechanisms or procedures by which the public may participate in or otherwise influence

the formulation of policy or the exercise of its powers.

(b) Accessibility of Language and Form ~ Every govemment agency shall endeavor to translate key

information into major Filipino languages and present them in popular form and means.

SEC. 11. Capacity-Building, Promotion of Best Practices, and Continuous Updating of
Appropriate Use of Information Technology. — All government agencies shall establish, operate. and
‘maintain a website with features that are compliant with all the provisions of this Act, within two (2)
‘years from the effectivity of this Act

Every government agency shall cnsure the provision of adequate training for its officials and

employees to improve awareness of the people's right to information on matters of public concern and
the provisions of this Act. Similarly, all government agencies shall endeavor to study and adopt best
practices in relation to information disclosure, records maintenance. and archiving

The National Computer Center shall monitor all government agency websites and provide appropriate
support for their development and ensure full compliance with the requirements of this Act.

Page 8 of 18


SEC. 12. Exemption from Compliance. — The government agency shall be excused from

compi

ing with a subsequent identical or substantially similar request from the same requesting party
where it has previously complied with a request for information unless a reasonable interval has
lapsed between compliance with the previous request and the making of the current request: Provided,

‘That the government agency, in denying the request, complies with Section 20 of this Aci

SEC, 13. Additional Protection of Privacy. — While providing for access to information in
public records, this Act also affords full protection of the right to privacy of individuals, as follows:

(@) a government agency must ensure that personal information in its custody or under its
control is disclosed only as permitted under this Act:

(©) a government agen

-y must protect personal information in its custody or under its control

by making reasonable security arrangements against such risks as mauthorized access, collection, use,
disclosure, or disposal:

(©) an employee, officer or director of a government agency who has access. whether
authorized or unauthorized. to personal information in the custody of the agency. must not disclose
that information except as authorized under this Act.

SEC. 14. Administrative Liability. — \t shall be tantamount to gross neglect of duty and shall
as a ground for administrative and disciplinary sanction against any public official or employee who

willfully and knowingly commits the following acts

(a) refusal to promptly forward the request under Section 18 of this Act to the public officer
within the same office or agency responsible for officially acting on the request when such is
the direct cause of the failure to disclose the information within the periods required by this
Aci

(b) failure to act on the request within the periods required by this Act:

(© claim an exception under Section 7 of this Act when the claim is manifestly devoid of
factual or legal basts:

(@) refusal to comply with the decision of immediate supervisor, the Ombudsman. or of any
court ordering the release of information:

(© approval of policies, rules and regulations manifestly contrary to the provisions of this

Page 9 of 18,


Act.

id which poticies. rules and regulations are the direct cause of the denial of a request

for information.

SEC. 15. Criminal Liab

(a) The following acts shall be subject to the penalty of
imprisonment of not less than one (1) month but not more than six (6) months, with the accessory

ponalty of dismissal from service

(1) falsely denying or concealing the existence of information mandated for

disclosure under this Act, and

(2) destroying. or causing to be destroyed. information an

‘or documents being
requested under this Act. for the purpose of frustrating the requesting party's access thereto.

(b) Any private individual who knowingly induces or causes the commission of the foregoing
acts shail be liable as principal by inducement in the prosecution of public officials or

employees under this section.

(0) The acts under paragraph (a) of this Section. if proven in an administrative proceeding.
shall be subject 10 the penalty of dismissal. even if no criminal prosecution is instituted

against the person found liable.

SEC 16. Denial in Good Faith Not a Ground for Liability. ~ A deniat in good faith of a
roquest for access to information made pursuant to the provisions of this Act shall not constitute
al liabi

istrative or erim

grounds for adm

SEC. 17, Freedom of Information (FOI) Manual, ~ (a) For the effective implementation of
this Act. all government agencies shell prepare a Freedom of Information (FOI) Manual, setting forth
the following:

(2) the location and contact information of the head. regional, provincial and field offices of
the agency. and other esteblished 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 resp

nisible for receiving requests for information:

Page 10 of 18



(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 oF office with the duty to act on the request and the decision-making process for the
grant or denial of the request:

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

(9) the schedule of service or processing fees pertinent to a request for information:

(10) the process and procedure for the mandatory disclosure of information under Section 9 of

this Act: Provided. That, should the agency lack the capacity to comply with Section 9 of this

Act, a brief description of its plan to facilitate compliance within three (3) years from the
approval of this Act: and

(11) such other information, taking into consideration the unique characteristics of the

agency, that tate the effective implementation of this Act.
(b) The FOI Manuai shall also be posted in the agency website and a hard copy shall be available at

the agency reception area for use by the public:

(©) In no case shall the absence of the aforementioned FOL Manual be a reason for the denial of any

request for information made in accordance with this Act

(@) The heads of each of the departments and agencies may designate liaison units or committees
which shall coordinate with the other units of the ageney in implementing this Act. The composition,
functions, and duties of these fi

is oF committees shall be included in the FOI Manual

SEC. 18. Procedure of Access. ~ (2) Any person who wishes to obtain information shall
submit, free of charge, a request to the government agency concerned personally. by mail, or through
electronic means. A person who is unable, because of illiteracy or disability. to make a written request
for information may make an oral re

st instead. The public officer who receives the oral request
shall reduce it to writing, indicating therein one’s name and position within the government agency.
and give a copy thereof to the person who made the request. The request shall state the name and
preferred contact information of the requesting party. and reasonably describe the information
required, the reason for the request of the information and the preferred means by which the

government agency

1 com:

ste such information to the requesting party: Provided, That the

stated reason shall not be used as @ ground to deny the request or to refuse the acceptance of the

Page 11 of 18



request, unless the request i

inary {0 Taw. Hf the request is submitted po

nally, the requesting

party shall show a current identification document issued by any government agency. or government
or private employer or school, or a community tax certificate. If the request is submitted by mail or
trough electronic means. the requesting party may submit a pholostatic or electronically scanned

copy of the identification. or other convenient means as determined by the agency

{b) The public official receiving the request shall provide reasonable assistance. free of charge, to
enable all requesting parties and particularly those with special needs. to comply with the

requirements under this Section.

(©) The request shall be duly received by the concemed government agency, witich shall forthwith
indicate the date and time of receipt and the name, rank, title and position of the receiving public

officer or employee who shall likewise affix one's signature thereon, and shall fumish the requesting

party a copy thereof: In case the request is submitted by electronic means. the government agency
shall provide for an equivalent means by which the requirements of this paragraph shall be met. Each

It establish a system by wh

government agency sha ick the status of all requests for information

received by it may be verified at any time,

(@) The request may indicate the requesting party's preferred mode and means of receiving the
information requested. provided that the mode and means are reasonable. taking into consideration

equipment normally available to the concerned government agency

@A

preferred means whenever such

Wvernment agency may communicate the information requested in a form other than the

ferred means would unreasonably interfere with the effective
operation of the agency. of if the agency has no capability in communicating the information in the
preferred format, or whe:

format may be detrimental to the preserv

ration of the record,

(® The government agency shall comply with the request as soon as practicable and. in any case.
within fifteen (15) working days from the roccipt thereof. The period may be extended whenever the
information requested requires a search of the goverment agency's ficld or satellite offices.

examination of voluminous records, the occurrence of fortuitous events oF other analogous cases.

(g) The government agency’

or through electronic means. notify the person making.
the request of the extension, setting forth the reasons for such extension and the date when the
information shall be made available, which in no case shall result in an extension of more than twenty
(20) working days,

Page 12 of 18



(hy Once a decision is made to grant the request, the person making the request shall be notified of

such and shall pay the required access and processing fees.

4) If the information is not held by the government ageney from which the request was made. it shall

notify the requesting party that it docs not hold the information and indicate which agency holds the

record. if known, Whenever practicable, the agency receiving the request may also cause the transfer
of the request to the appropriate agency that holds the information: Provided. That the period to
comply with the request under this Section shall begin to run only upon the receipt of the agency to

which the request is transferred.

SEC. 19, Access and Processing Fees. ~ Government agencies may charge a reasonable fee

{o reimburse th

sual cost of reproduction. copying or transcription. and the communication of the
information requested. An agency may waive the fees whenever it is satisfied that the requester is an
indigent. of that the cost of reproduction is negligible, or that it is pursuant to a program for proactive

disclosure.

SEC. 2

Notice of Deniai.— iC the government agency decides to deny the request,

or in part, it shall, as soon as practicable. and in any case within fificen (15) working days from the
receipt of the request. notify the person making the request of such denial in writing or through
clectronic means, The notice shall indicate the name, rank, title or position of the person making the

denial, clearly set forth the ground or grounds for denial and the circumstances on which the denial is

sed, and indicate available rights of reconsideration or appeal, Failure to notify the person making
the request of the denial. or of the extension. shall be deemed a denial of the request for access to
information

SEC. 21. Remedies in Cases of Denial, - (a) In all government agencies other than the

judicial branch -

(1) A denial of a request for access to information may be appealed to the Head of Agency. following
the procedure required under Secti

17 (@) (8) of this Act: Provided. That the appeal must be filed
within fifteen (15) calendar days from the receipt of the notice of denial and must be decided within
fificen (15) calendar days from Glin

Failure to resolve the appeal within the aforementioned period
shall constitute a denial of the appeal

(2) A person denied access to information may file a verified complaint with the Office of the

Page 13 of 18



Ombudsman, praving that the government agency concemed be directed to immediately afford access
to the information being requested. The Office of the Ombudsman shall promulgate its special rules of
procedure for the immediate disposition of complaints filed pursuant to this Section. Unless restrained
‘or enjoined. the decision of the Office of the Ombudsman shall be immediately executory. without

prejudice to review in accordance with the Rules of Court

(3) A panty whose request for information has been denied. whether or not such decision has been
appealed to the head of an agency. may file a verified petition for mandamus in the proper court
alleging the facts with certainty and praying that judgment be rendered. ordering the respondent
immediately or at some other time to be specified by the court. to disclose the information and to pay
the damages sustained by the requesting party by reason of the denial. The procedure for such petition

shall be summary in nature,

In resolving a complaint or petition brought under paragraphs (2) and (3) hereof, the Ombudsman or
the court is empowered to receive the information subject of a claim of exception under Section 7
herein, and to examine them in camera to determine the sufficiency of the factual and legal basis of
such lai

when the sufficiency cannot be reasonably determined through evidence and

circumstances apart from the information.

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

The remedies under this section shall be sought or granted without prejudice 10 any other

administrative, civil or eri

inal action covering the same act.

‘The remedies available under this Act shall be exempt from the rules on non-exhaustion of
administrative remedies and the application of the provisions of Republic Act No. 9285. otherwise
known as the Alternative Dispute Resolution Act of 2004.

In case the requesting party has limited or no financial capacity. the Public Attorney's Office is

mandated to provide legal assistance to the requesting party in availing of the remedies provided
under this Act.

22. Keeping of Records, ~ (a) Government agencies shall create and maintain in
appropriate formats. accurate and reasonably complete documentation or records of their organization,

policies, transactions. decisions. resolutions. enactment

actions, procedures. operations, activities,

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(b) Government agencies. in coordination with the National Archives of the Philippines, suai

identify specific and classes of official records in their custody or control that have continuing
historical. administrative. informational. legal. evidentiary. of research value, for preservation by such
agencies or their legitimate successors. or for proper documentation if and when the records are

transferred to the National Archiv

s of the Philippines.

(©) In addition to the specific and cis

0 of official records identified for preservation under letter (b)
of this section, the fotlowing shall not be destroyed:

(1) records pertaining to loans obtained or guaranteed by the

ernment;
@) records of government contracts involving amounts Fifty Million Pesos (Php 50,000.00)

or more. or related to infrastructure, public and private par ies. or other

important projects:

3) the original Declarations

nder oath of the assets. liabilities and net worth of public
officers and employees submit

ed to the Office of the Ombudsman, as required by law, and
(4) records of official investigations pertaining to allegations of graft and comuption of public
officers

(d) Government agencies shall prepare. according 10 the standards set in and within the period
mandated by Republic Act No. 9470 or the

National Archives of the Philippines Act of 2007, a
records management program that includes the f

(1) a records maintenance system for the creation. selection. classification. indexing and filing
of official records that facilitate the easy idemification

retrieval and communication of

information (o the publi

2) a records maint

ne

rchival and disposition schedule providing a listing of records
under current use for retention by the ageney. 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

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(3) identification of the specific roles and responsibilities of agency personnel in the
implementation of such system and schedule.

(© In addition io its fimetion as repository of all rules and regulations issued by agencies as provided
under Book VII. Chapter fl of the Administrative Code of 1987. the University of the Philippines Law
Center shall. in coordination with the Office of the President which has exclusive editorial and
printing jurisdiction over the Official Guzette, and with other relevant agencies, maintain a database,

and publish in the Official Gazette or in digital or online form, the following

(2) all laws of the Philippines and their amendments. from the period of the Philippine
Commission to the present:

(2) all presidential issuances from November 15. 1935 to the present, including but not
limited, to executive orders. presidential proclamations, administrative orders, memorandum

circulars, general orders, and other similar issuances;

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

(A) opinions rendered by the Secretary of Justice.

SEC 23. Publication in the Officiat Gazette. - For purposes of mandatory disclosure as
provided in Section 9 of this Act, the publication in the Official Gazette website shall be considered
official publication provided there shall be a timestamp in the said document

For purposes of compliance with Anticle 2 of the Civil Code of the Philippines, publication of the
following in the online version of the Official Gazette, with the corresponding timestamps on the

document. shall be considered as official publication:

(@) All important legislative acts and resolutions of a public nature of the Congress of the
Philippines:

(b) All executive and administrative orders and proctamations of general application:

(©) Decisions or abstracts of decisions of the Supreme Court and the Court of Appeals or other
courts of similar rank. as may be deemed by said courts of sufficient importance to be so
published:

(@) Such documents of classes of documents as the President shall determine from time to time to
have general application or which he may authorize to be published.

However, other documents or classes of documents as may be required to be published by law. such

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as petitions and/or legal notices in connection with land titles, naturalization or special proceedings

1 continue 1 be published in the print version of the Official Gazette or in any newspaper of

general circulation for purposes of compliance with the publ

ation requirement.
SEC 24, Act Not a Bar to Claim of Right to Information Under the Constitution. - No
provision of this Act shall be interpreted as a bar to any claim of denial of the right to information

under Article Ill, Section 7 of the 1987 Constitution,

SEC, 25. Publication of Government Data in the Open Data Philippines Website. - For

purposes of enhancing the public's access to government information and abiding by the Philippines’

nd

international

mitments to transparency

jent openness, all government agencies shall
publish in the Open Data Phitippines website, dataseis generated in the implementation of agency

mandates, programs, activities. and projects. These datasets shalt be updated, whenever permissible,

at least once in every quarter of every year

‘The Open Data website shall be mainiained and administered by an Open Data Task Force under the

Office of the President. or any such similar body designated by the President for this purpose.

‘or the purpose of making government data more accessible to the public, all datasets published on

the Open Data Philippines website and on LGU websites as mandated in Section 9 of this Act shall

be. whenever practicable. of fable and open fo

SEC. 26. Tracking Requests for Information. - Websites of government agencies shall
comiain a matrix: of requests made, their status. and the decision regarding the request. The matrix
shall also contain links to uploaded information from approved requests. In such cases where requests
are denied. the matrix shall contain the reasons for der

tus of the appeal if such is done.

SEC. 27. Release to One, Release to All ~ For purposes of streamlining requests for

information. once an information has been made available to an individual through a request for

information. the said datasct shail aiso be published in an appropriate website such as, but not limited
to, the Open Data Philippines website. Official Gazette website. Departmental website, or Local

Government website thus allowing the public access to all information that has been requested.

SEC 28. Jutegration of Freedom of Information (FOR and Good Governance In
Elementary and Secondary Curriculum. ~ To ensure well-informed generations of citizens, the right

to information. the principles of accountabili

y. democracy std leadership. and good

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information they received. processed. granted and denied: of appeals made from denials of such

requests: and of pending court actions they are a party to as result of such requests. These reports may
bbe integrated in the main annual reports of government agencies and may be posted and published in

their respective websites.

SE

30, Appropriations. - The antount necessary to carry out the provisions of this Act shall

be charged against those authorized in the current and subsequent General Appropriations Acts,

SEC 31, Separabil

ty Clause, ~ If any provision of this Act is declared unconstitutional. the

remainder of this Act or any provisions not affected thereby shall remain in full force and effect.

. Repeating Clause, ~ All laws, decrees, executive orders. rules and regulations,
issuances or any part thereof inconsistent with the provisions of this Act. including Sections 18 on

Operation and Effect of Laws, 24 and 25 on the Contents, Editing and Publications of the Official

Gazette. Book |. of Executive Order No. 292 or the Administrative Code of 1987 in relation to Article
ion of Laws of Republic Act No, 386 or the Civil Code. Memorandum

Circular No. 78 dated 14 August 1964 (Promulgating Rules Governi

2 on Effect and Applies

security of Classified Matter
in Government Offices), as amende

| and Section 3, Rule IV of the Rules fmplementing Republic Act

No. 6713 (Code of Conduct and Ethical Standards for Public Offic’

ployees). are deemed
repealed: Provided, That Memorandum Circular No. 78 shall be deemed repeaied after one (1) year

from the effectivity of this Act or upon issuance of the Executive Order in Section 7(a).

SEC 33. Effectivity. — Yois Act shali take effect fifteen (15) days after its publication in the
Oficial Gazette or in a newspaper of general circulation,

Approved.

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