Republic of the Philippines

House of Representatives \%
Quezon City X

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2946

Introduced by Honorable Cresente C. Paez and
Honorable Anthony M. Bravo

EXPLANATORY NOTE

Our Constitution, Article 3, Section 7. recognizes the fundamental right of every
citizen to know every matter or public importance.

“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.”

Because of the fast paced life of modern society, citizens of this country find it
difficult to avail necessary public information that affect their daily lives and future
actions such as new rules and regulations promulgated by our republics expansive
bureaucracy, orders and decisions that have legal implications that need to be
disseminated, and government contracts and agreements with both local and foreign
institutions which today needs utmost and unconditional transparency

Current legislation does not provide enough mechanism for ordinary citizens to
avail of this information. Furthermore, even assuming that there exists such mechanism
ensuring access and providing the necessary penalties for its violation, the daily timetable
of a productive and concerned citizen does not allow him to be tangled with delays from
travel and bureaucratic red-tape.

However, the advantages of modern technology can make information readily
available to our concerned citizens, This Bill aims to put information, such as rules,
regulations, decisions, orders, circulars, and government contracts and agreements within
reach of citizens throughout the country and our heroes abroad, the OFW’s.

In consonance with these intentions, the early passage of this bill is strongly
recommended

AEZ HON. ANTHONY M. BRAVO

"29-Sep-2013
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Republic of the Philippines

House of Representatives
Quezon City

SIXTEENTH CONGRESS
First Regular Se

HOUSE BILLNO._2946

Introduced by Honorable Cresente C. Paez and
Honorable Anthony M. Bravo

AN ACT IMPLEMENTING THE FREEDOM OF ACCESS TO INFORMATION
ON MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION
SEVEN ARTICLE Ill OF THE 1987 CONSTITUTION BY REQUIRING
ELECTRONIC PUBLICATION OF ALL GOVERNMENTAL AGENCIES’
RESOLUTION, REGULATION, CIRCULARS, DECISIONS, AND CONTRACTS,
AND THE LIKE.

SECTION 1. Title. This Act shall be known as Electronic Access to Information Act
of 2013,

SECTION 2. Declaration of Policy. It is the policy of the State to afford to all its
citizens broad access to information involving public interest and matters of national
concern

This policy can be best realized by exploiting the advantages of modern
technology making necessary information conveniently accessible and uncumbersome to
citizens who consider time most valuable

SECTION 3. Coverage. This law shall cover any agency, office or instrumentality
within the executive, legislative and judicial branches of government, and institutions
receiving government funding, hereinafter referred to as “agency”

SECTION 4. Access to Information, All agencies shall make the following
electronically available to the public:

1) Office Dynamics

a) Description of its central and field organization and established place,
location and address
b) Statement of the general course and method by which its functions are

channeled and determined including the nature and requirement of all
formal and informal procedures available
©) A flow chart guide which includes individual names of specific
employees, and their corresponding positions and office location upon
which a request for kinds of information will be processed.

2) Information, Records, Documents and Contracts.

a) Final opinions including concurring and dissenting opinions, as well as
orders made in adjudication of cases.
b) Records of Final Votes of each member in every proceeding of

agencies having more than one member composing its governing or
controlling body and exercising quasi-judicial functions
©) Statement of current policy and interpretations issued or have been
adopted by the agency


d) Records which have been released to any person which, because of the
nature of the subject matter, the agency determines that the records
have become or are likely to become subject of subsequent requests,

) General index of available records and documents not published or
copies of which not for sale.

f) Rules, regulations, and circulars of any nature issued

2) Contracts between agencies and private or multinational corporations
or entities.

h) Contracts between agencies and other private or multinational

corporations and entities which involves public interests such as those

i. Involving agency and internationally funded organization or
institutions

ii, Involving agency and Multilateral, Multinational, and/or Foreign
Development Banks or Assistance Agencies.

iii, Involving agency and foreign, international, multinational,
government or private aid agencies or institutions.

iv. Involving agency and foreign, international, multinational trade
organizations or institutions

y, And other institutions of the same nature enumerated in this
section paragraph 2(h) subparagraph

i) Agencies’ Letters of intent or its equivalent
j) Commitment Arrangements and Concession Contracts
k) Guarantee Agreements or Contracts,

Section S. Duration of Publication. All information, contracts, agreements, rules,
regulation, decisions, ordinances, circulars, and other materials mentioned in Section 4 of
this Act shall be electronically published for a duration of six (6) months.

Section 6. Electronic Publishing. All information, contracts, agreements, rules,
regulation, decisions, ordinances, circulars, and other materials mentioned in Section 4 of
this Act must be electronically published or posted on the international network or the
internet to be updated daily

Section 7, Period of Electronic Publishing. All information mentioned contracts,
agreements, rules, regulation, decisions, ordinances, circulars, and other materials
mentioned in Section 4 of this Act must be electronically published two (2) days from
signing, issuance, or promulgation. Provided that materials mentioned in Section 4
subparagraph 2(h) Office Dynamics shall be published 30 days after the effectivity of this
Act and 15 days after the effectivity of any changes therein

Section 8. Fees and Charges. No person shall be charged by any Government
‘Agencies and their Affiliates for the access to electronically published materials.

Section 9. Availability. Electronically published data shall be accessible to every
citizen, Provided further that no membership requirement or the like shall be required for
its download or access.

Section 10. Compliance, Compliance with this Act is mandatory to all agencies of
government.

Section 11,  Reportorial Requirement. Each Agency shall submit to the office of
the Press Secretary a report covering the preceding calendar year on actions taken
pertinent to this act on or before May 8 of each year

Section 12. Penalty for Non-Compliance. The Director, Bureau Chief, the
Commissioners or its equivalent of the non-complying agency shall be imprisoned for not
less that six (6) months and not more than one (1) year and/or a fined for not less than
twenty thousand (20,000.00) pesos and not more than fifty thousand (P50,000.00) pesos
for non-compliance of this Act.


Section 13. Jurisdiction. Complaint and jurisdiction. The Regional Trial Court
having territorial jurisdiction of the place or location of the agency shall have exclusive
jurisdiction over complaints for violations of this Act.

Section 14. Remedies. Any person may file for a petition for specific performance for
the immediate compliance of this Act with the Regional Trial Court having territorial
jurisdiction of the place or location of the agency.

Section 15. Period of Resolution. All petitions for specific performance for the
immediate compliance of this Act shall be resolved by the Regional Trial Court having
jurisdiction for a period of not less than ten (10) working days.

Section 16. Separability Clause. If, for any reason, any part or provision of this Act is
declared invalid or unconstitutional, other parts or provisions hereof which are not
affected shall continue to be in full force and effect.

Section 17. Repealing Clause. All laws, decrees, executive orders, rules and
regulations, issuances or any parts thereof inconsistent with the provisions of this Act are
deemed repealed or amended accordingly.

Section 18. _ Effeetivity. This Act shall take effect after fifteen (15) days following the

completion of its publication in the Official Gazette or in a national newspaper of general
circulation

Approved.