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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

AGEPRES,
‘Se ® “Oy
RECEIVED ©

SIXTEENTH CONGRESS " vaitO 1
First Regular Session ‘

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HOUSE BILL NO. 34

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

‘A functioning democracy is based on the idea of a government by the people that
collectively and individually have access to information on matters of public concern in
order to effectively exercise their sovereignty.

Accessibility to information on state policies is based on the fundamental
principle of accountability and transparency in government. It is the institutional
foundation for a more open and democratic government by providing clear mechanisms
for feedback on issues, programs and policies that concern our national life and future.

Freedom to access official information is a constitutional right. Under Article III,
Section 7 of the Constitution, it is a fundamental political and public right: “The right of
the people to information on matters of public concern shall be recognized. Access to
official records, 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.”

The right to information on matters of public concern is supposedly a self-
executory provision of the Constitution that can be invoked by any citizen. But history
proves itself that the enjoyment of this Constitutional right is generally negated by the
exercise of agency discretion and the absence of an enabling law.

Hence, the proposed measure grants the right of every Filipino citizen to be given
access to any record under the control of a government agency (Section 5), with rules of
access, exceptions, remedies for denial, and criminal and administrative liabilities. It
provides for the mandatory publication of the Statement of Assets, Liabilities and Net
worth (SALN) of top country officials such as the President, Vice President, Cabinet
members, Senators, Representatives, Justices, Commissioners of Constitutional bodies
and officials of the Armed Forces of the Philippines.

With the imperative to implement the Constitutional right to information, early
passage of this bill is earnestly sought.

REP. MARCELINO “MARCY” R. TEODORO
1* District, Marikina City


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

SIXTEENTH CONGRESS

First Regular Session

House Bill No.

Introduced by REP. MARCELINO “MARCY” R. TEODORO.

AN ACT TO STRENGTHEN 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 “Freedom of Information
2Act of 2012.”

3SEC 2. Declaration of Policy. — The State recognizes the right of the people to
4information on matters of public concern, and adopts and implements a policy of full
Spublic disclosure of all its transactions involving public interest, subject to the procedures
6and limitations provided by this Act. This right is indispensable to the exercise of the
Tright of the people and their organizations to effective and reasonable participation at all
Slevels of social, political and economic decision-making

9SEC. 3. Coverage. — This Act shall cover government agencies. Government agencies

lOrefers to the executive, legislative and judicial branches as well as the constitutional
Ibodies of the Republic of the Philippines including, but not limited to, the national
12government and all its agencies, departments, bureaus, offices and instrumentalities,
13constitutional commissions and constitutionally mandated bodies, local governments and
14all their agencies, regulatory agencies, chartered institutions, government-owned or -
1Scontrolled corporations, including wholly-owned or controlled subsidiaries, government
lofinancial institutions, state universities and colleges, the Armed Forces of the Philippines,
17the Philippine National Police, all offices in the Congress of the Philippines including the
18offices of Senators and Representatives, the Supreme Court and all lower courts
19established by law.

20SEC. 4. Definition of Terms. ~ As used in this Act

21(a) Information refers to data that have been processed into a record, document, paper,

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Ireport, letter, contract, minutes and transcripts of official meetings, maps, books,
2photographs, data, research materials, in whatever form, or films, sound and video
3recordings, magnetic or other tapes, electronic data, in whatever format, which are made,
4received or kept in or under the control and custody of any government agency pursuant
Sto law, executive order, rules and regulations, ordinance or in connection with the
6performance or transaction of official business by any government agency

7(b) Official record refers to information produced or received by a public officer or
Semployee, or by a government agency in an official capacity or pursuant to a public
function or duty. This shall not refer to the stage or status of the information.

10(c) Public record refers to information required by law, executive orders, rules, or
regulations to be entered, kept and made publicly available by a government agency.

12SEC. 5 . Access to Information. — Every person who is a Filipino citizen has a right to
13and shall, on request, be given access to any record under the control of a government
Idagency. Government agencies shall make available to the public for scrutiny, copying and
sreproduction in the manner provided by this Act, all information pertaining to official
I6acts, 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,
Sregardless of their physical form or format in which they are contained and by whom they
19were made.

20SEC. 6. Presumption. — There shall be a legal presumption in favor of access to
21information. The request for information may be denied only if it clearly falls under the
22exceptions provided under this Act

23SEC. 7. Exceptions. — Access to information shall be granted unless:

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

36(b) The information consists of records of minutes and advice given and opinions
37 expressed during decision-making or policy formulation, invoked by the Chief
38 Executive to be privileged by reason of the sensitivity of the subject matter or of the
39 impairment of the Chief Executive’s deliberative process that would result from the

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1 disclosure thereof. Once policy has been formulated and decisions made, minutes and
2 research data may be made available for disclosure unless they were made in
3 executive session;

4(c) The information requested pertains to internal and/or extemal defense, law
5 enforcement, and border control, when the disclosure thereof would

6 () unduly compromise or interfere with any legitimate military or law

7 enforcement operation; or

8 (ii) unduly compromise or interfere with the prevention, detection or
suppression of criminal activity, the effective implementation of

10 immigration controls and border security; or

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

12 adjudication; or

13 (iv) lead to the disclosure of the identity of a confidential source,

14 including a government, or foreign agency or authority or any private

1s institution which furnished information on a confidential basis, and, in the

16 case of a record or information compiled by a law enforcement authority

7 in the course of an investigation or by an agency conducting a lawful

18 national security intelligence investigation, information furnished by a

19 confidential source; or

20 (v) disclose techniques and procedures for law enforcement investigations or

21 prosecutions, or would disclose guidelines for law enforcement

22 investigations or prosecutions if such disclosure could reasonably be

23 expected to risk circumvention of the law; or

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

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

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

31() The information requested pertains to the personal information of a natural person
32 other than the requesting party, and its disclosure would clearly constitute an
33 unwarranted invasion of one’s personal privacy, unless it forms part of a public
34 record, or the person is or was an official of a government agency and the information
35 relates to the public function or the person has consented in writing to the disclosure
36 of the information;

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l(g) The information requested pertains to trade secrets and commercial or financial

2 information obtained from a natural or juridical person other than the requesting
3 party, or obtained in confidence or covered by privileged communication, and filed
4 with a government agency, whenever the revelation thereof would seriously prejudice
5 the interests of such natural or juridical person in trade, industrial, financial or
6 commercial competition

7(h) The information is classified as privileged communications in legal proceedings by
8 law or by the Rules of Court;

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

11() The information has already been made accessible as provided for in Section 10.

12For paragraphs (c) to (j) of this section, the determination whether any of these grounds
13shall apply shall be the responsibility of the head of office of the government agency in
l4custody or control of the information, or any responsible central or field officer/s duly
1Sdesignated by him:

16Provided, That
171. The exceptions are strictly construed;

182. The exceptions are not used to cover-up a crime, wrongdoing, graft, or corruption;
193. Whenever the information covered by an exception may be reasonably severed from
20 a record, the record shall be released with the exempt information redacted, or the

21 information not covered by the exception shall otherwise be communicated to the
requesting party;

234. 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

275. The exceptions do not constitute authority to withhold information from Congress,
28 nor authority for the executive branch of a local government unit to withhold
29 information from the legislative body of such local government unit.

30SEC. 8, Mandatory Disclosure of Information. — (a) In fulfillment of Article X1, Section
3117 of the Constitution the following national officials shall provide to the public, through
32the websites of their respective offices, their Statement of Assets, Liabilities, and Net
33worth (SALN) on an annual basis:

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(1) the President;

(2) the Vice- President;

(3) the Members of the Cabinet;

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

(6)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.

10(b) All agencies of all branches of government shall publish on their websites and update
Ion a monthly basis, a register of the following,

12
13
14
15

16
7
18

19

(i) Freedom of Information Manual in full;

(ii) 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;

(iii) 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;

(iv) Public interest documents or records, including:
(1) Annual Budget of Government Agencies
(2) Itemized Monthly Collections and Disbursement
(3) Summary of Income and Expenditures
(4) Component of the Internal Revenue Allotment (IRA) Utilization
(5) Annual Procurement Plan and Procurement List
(6) Items for Bidding
(7) Bid Results on Civil Works, and Goods and Services
(8) Abstract of Bids as Calculated

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1 (9) Procurement contracts entered into by a government agency

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

4 (11) Private sector participation agreements or contracts in
5 infrastructure and development projects under Republic Act No. 6957
6 otherwise known as the Philippine BOT Law, as amended by Republic
7 Act No. 7718;

8 (12) Public fiznding extended to any private entity;

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

u (14) List of persons or entities who were granted licenses, permits or
12 agreements for the extraction and/or utilization of natural resources given
13 by any government agency;

14 (15) Projects identified by legislators pursuant to any Congressional
Is allocations, including the Priority Development Assistance Fund, the
16 Financial Subsidy to Local Government Units, the Regular Congressional
7 Allocation for infrastructure projects under the Department o Public
18 Works and Highways, Congressional Insertions, and other similar
19 Congressional allocation modalities;

20 (16) Statement of Assets and Liabilities of the public officers of the
21 government agency; and

22 (17) Guarantees given by any government agency to governmént-
23 owned or -controlled corporations and to private corporations, persons or
24 entities.

25The register shall contain a brief description of the transaction involved, including, but
26not limited to: the nature and object of the transaction, the parties and amounts involved,
27the key steps undertaken towards its conclusion, and the relevant dates provided that
28contracts and agreements involving an amount of at least Fifly Million Pesos
29(P50,000,000.00) shall be published in full on the website of the concerned government
30agency or the Official Gazeite Online subject to the succeeding section. A covered record
31shall be enrolled in the register not later than 30 working days from its perfection or
32issuance

33(c) All government agencies shall, over time, endeavor and build the capacity and

34practice to publish in full all other contracts, agreements, or treaties covered under this
35Section, specially those that are of the highest public interest by reason of the amounts

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involved and the impact of the transaction to the public. All government agencies must
2ensure that they have a compliant website within two (2) years from the effectivity of this
3Act.

4(d) Should an agency lack the capacity to comply with the website publication
Srequirement of this Section, the agency shall initiate a capacity-building program,
6coordinate with another appropriate agency, or use an alternative mechanism, to facilitate
Tsubstantive compliance not later than three (3) years from the effectivity of this Act

8SEC. 9. Promotion of Openness in Government. ~ (a) Duty to Publish Information —
OGovernment agencies shall regularly publish, print and disseminate at no cost to the
LOpublic and in an accessible form, in conjunction with Republic Act 9485, or the Anti-Red
11Tape Act of 2007, and through their website, timely, true, accurate and updated key
12information including, but not limited to

13 (1) A description of its mandate, structure, powers, functions, duties and decision-
14 making processes;

1s (2) A description of the frontline services it delivers and the procedure and length
16 of time by which they may be availed of,

17 (3) The names of its key officials, their powers, fiznctions and responsibilities, and
18 their profiles and curriculum vitae;

19 (4) Work programs, development plans, investment plans, projects, performance
20 targets and accomplishments, and budgets, revenue allotments and expenditures,
21 (5) Important rules and regulations, orders or decisions: Provided, that they be
22 published within fifteen (15) calendar days from promulgation;

23 (6) Current and important database and statistics that it generates;

4 (7) Bidding processes and requirements; and

25 (8) Mechanisms or procedures by which the public may participate in or
26 otherwise influence the formulation of policy or the exercise of its powers.

27(b) Accessibility of Language and Form ~ Every government agency shall endeavor to
28translate key information into major Filipino languages and present them in popular form
29and means.

30(c) Improving Capability — Every government agency shall ensure the provision of
3 ladequate training for its officials to improve awareness of the right to information and the
32provisions of this Act, and to keep updated as to best practices in relation to information
33disclosure, records maintenance and archi

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ISEC. 10. Exemption From Compliance. — The government agency shall be excused
2from complying with a subsequent identical or substantially similar request from the
3same requesting party where it has previously complied with a request for information
4unless a reasonable interval has lapsed between compliance with the previous request and
Sthe making of the current request: Provided, That the government agency complies with
6Section 18 of this Act.

TSEC. 11. Additional Protection of Privacy ~ While providing for access to information
8in public records, this Act also affords full protection of the right to privacy of
Sindividuals, as follows:

10(a) A government agency must ensure that personal information in its custody or under its
ll control is disclosed only as permitted under this Act;

12(b) A government agency must protect personal information in its custody or under its
V3control by making reasonable security arrangements against such risks as unauthorized
14access, collection, use, disclosure, or disposal;

15(c) An employee, officer or director of a government agency who has access, whether
I6authorized or unauthorized, to personal information in the custody of the agency, must
17not disclose that information except as authorized under this Act.

18

19SEC. 12. Administrative Liability. — The acts enumerated in this Section shall be
20tantamount to gross neglect of duty and shall constitute grounds for administrative and
2idisciplinary sanction against any public official or employee who willfully and
22knowingly commits the following:

23(a) Refusal to promptly forward the request under Section 16 of this Act to the’ public
24officer within the same office or agency responsible for officially acting on the request
25when such is the direct cause of the failure to disclose the information within the periods
26required by this Act;

27(b) Failure to act on the request within the periods required by this Act;

28(c) Claim an exception under Section 7 of this Act when the claim is manifestly devoid of
29factual or legal basis;

30

31(d) Refusal to comply with the decision of his immediate supervisor, the Ombudsman, or
32of any court ordering the release of information;

33(e) Approval of policies, rules and regulations manifestly contrary to the provisions of
34this Act, and which policies, rules and regulations are the direct cause of the denial of a
35request for information.

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9(c) Any private individual who knowingly induced or caused the commission of the
lOforegoing acts shall be liable as principal by inducement in the prosecution of public
Llofficials or employees under this section.

12SEC 14. Mere Denial Not a Ground for Liability. — A mere denial in good faith of a

L3request made pursuant to the provisions of this Act shall not con:

ate grounds for

Idadministrative sanction or criminal liability.

15SEC. 15. Implementation Requirements. — (a) For the effective implementation of this
16Act, all government agencies shall prepare a Freedom of Information Manual, setting
17forth the following:

18
19
20

21

28
29
30

31
32

(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 mai
identified electronic means;

or through the
(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 process, and the grant or denial of access and its implementation;

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

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(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

4 Section 7 of this Act; provided that, should the agency lack the capacity to
5 comply with Section 7 of this Act, a brief description of its plan to facilitate
6 compliance within three (3) years from the approval of this Act; and

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

9(b) The foregoing information shall also be posted in its website and bulletin boards, and
0shall be regularly updated;

11(¢) In no case shall the absence of the aforementioned Manual be a reason for the denial
12of any request for information made in accordance with this Act

13(d) The heads of each of the departments and agencies may designate liaison units or
14Committees which shall coordinate with the other units of the agency in implementing
Isthis act. The composition, functions and duties of these liaison units or Committees shall
16be set out in the Implementing Rules of this Act and shall be included in the Freedom of
17Information Manual

18SEC. 16, Procedure of Access. ~ (a) Any person who wishes to obtain information shall
19submit, free of charge, a request to the government agency concemed personally, by
20mail, or through electronic means, A person who is unable, because of illiteracy or
2idisability, to make a written request for information may make an oral request instead
22The public officer who receives the oral request shall reduce it to writing, indicating
23therein his or her name and position within the government agency, and give a copy
24thereof to the person who made the request, The request shall state the name -and
2Spreferred contact information of the requesting party, and reasonably describe the
26information required, the reason for the request of the information and the preferred
27means by which the government agency shall communicate such information to. the
28requesting party: Provided, That the stated reason shall not be used as a ground to deny
29the request or to refuse the acceptance of the request, unless such request is contrary to
30law. If the request is submitted personally, the requesting party shall show a current
3lidentification document issued by any government agency, or government or private
32employer or school, or a community tax certificate. If the request is submitted by mail or
33through electronic means, the requesting party may submit a photostatic or electronically
34scanned copy of the identification, or other convenient means as determined by the
35agency.

36(b) The public official receiving the request shall provide reasonable assistance, free of
37 charge, to enable all requesting parties and particularly those with special needs, to
38comply with the requirements under this Section.

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1(c) The request shall be duly received by the concerned government agency, which shall
2forthwith indicate the date and time of receipt and the name, rank, title and position of the
3receiving public officer or employee who shall likewise affix his or her signature thereon,
4and shall furnish the requesting party a copy thereof. In case the request is submitted by
Selectronic means, the government agency shall provide for an equivalent means by which
6the requirements of this paragraph shall be met. Each government agency shall establish
7a system by which the status of all requests for information received by it may be verified
8at any time.

9(d) The request may indicate the requesting party's preferred mode and means of
10receiving the information requested, provided that the mode and means are reasonable,
Iltaking into consideration equipment normally available to the concerned government
agency.

13(e) A government agency may communicate the information requested in a form other
l4than the preferred means whenever such preferred means would unreasonably interfere
Iswith the effective operation of the agency, or if the agency has no capability in
16communicating the information in the preferred format, or when the preferred format
I7may be detrimental to the preservation of the record.

18(f) The government agency shall comply with such request as soon as practicable, and in
I9any case within fifteen (15) working days from the receipt thereof. The period may be
20extended whenever the information requested requires a search of the government
2lagency’s field or satellite offices, examination of voluminous records, the occurrence of
22fortuitous events or other analogous cases.

23 (g) The government agency shall, in writing or through electronic means, notify the
24person making the request of the extension, setting forth the reasons for such extension
25and the date when the information shall be made available, which in no case shall result
26in an extension of more than twenty (20) working days.

27(h) Once a decision is made to grant the request, the person making the request shall be
28notified of such and pay the required access and processing fees.

29(i) If the information is not held by the government agency from which the request was
30made, it shall notify the requesting party that it does not hold the information and indicate
3lwhich agency holds the record, if known. Whenever practicable, the agency receiving the
32request may also cause the transfer of the request to the appropriate agency that holds the
33information: Provided, That the period to comply with the request under this Section
34shall begin to run only upon the receipt of the agency to which the request is transferred.

39SEC. 17. Access and Processing Fees, ~ Government agencies may charge a reasonable
36fee to reimburse the actual cost of reproduction, copying or transcription and the
37communication of the information requested. An agency may waive the fees whenever it
38is satisfied that the requester is an indigent, or that the cost of reproduction is negligible,
39or that it is pursuant to a program for proactive disclosure.

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ISEC. 18. Notice of Denial. — If the government agency decides to deny the request, in
2whole or in part, it shall, as soon as practicable, and in any case within fifteen (15)
3working days from the receipt of the request, notify the person making the request of
such denial in writing or through electronic means. The notice shall indicate the name,
Srank, title or position of the person making the denial, clearly set forth the ground or
6grounds for denial and the circumstances on which the denial is based, and indicate
Tavailable rights of reconsideration or appeal. Failure to notify the person making the
Srequest of the denial, or of the extension, shall be deemed a denial of the request for
9access to information.

10SEC. 19. Remedies in Cases of Denial. — (a) In all government agencies other than the
judicial branch—

12(1) A denial of a request for access to information may be appealed to the Head of
13Agency, following the procedure required under Section 15 (a) (8) of this Act: Provided,
14That the appeal must be filed within fifteen (15) calendar days from the receipt of the
1Snotice of denial and must be decided within fifteen (15) calendar days from filing. Failure
16to resolve the appeal within the aforementioned period shall constitute a denial of the
17appeal

18(2) A person denied access to information may file a verified complaint with the Office
190f the Ombudsman, praying that the government agency concerned be directed to
20immediately afford access to the information being requested. The Office of the
210mbudsman shall promulgate its special rules of procedure for the immediate disposition
22of complaints filed pursuant to this Section. Unless restrained or enjoined, the decisions
230f the Office of the Ombudsman shall be immediately executory, without prejudice to
24review in accordance with the Rules of Court

25(3) A party whose request for information has been denied, whether or not such decision
26has been appealed to the Head of the Agency, may file a verified petition for mandamus
27in the proper court, alleging the facts with certainty and praying that judgment be
28rendered ordering the respondent, immediately or at some other time to be specified by
29the court, to disclose the information and to pay the damages sustained by the requesting
30party by reason of the denial. The procedure for such petition shall be summary in nature.

31 In resolving a complaint or petition brought under paragraphs (2) and (3) hereof,
32the Ombudsman or the court is empowered to receive the information subject of a claim
33of exception under Section 7 herein and examine them in camera to determine the
34sufficiency of the factual and legal basis of such claim, when such sufficiency cannot be
35reasonably determined through evidence and circumstances apart from the information.

36(b) In the Judicial Branch — The Judiciary shall be governed by such remedies as
37promulgated by the Supreme Court.

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1 The remedies under this section shall be sought or granted without prejudice to
2any other administrative, civil or criminal action covering the same act.

3 The remedies available under this Act shall be exempt from the rules on non
4exhaustion of administrative remedies and the application of the provisions of Republic
5Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004.

6 In case the requesting party has limited or no financial capacity, the Public
7Attomey’s Office shall be mandated to provide legal assistance to the requesting party in
Savailing of the remedies provided under this Act.

9SEC. 20. Keeping of Records. ~ (a) Government agencies shall create and maintain in
lOappropriate formats, accurate and reasonably complete documentation or records of their
Horganization, policies, transactions, decisions, resolutions, enactments, actions,
I2procedures, operations, activities, communications and documents received or filed with
13them and the data generated or collected. These shall include working files such as drafts
14or notes, whenever these have been circulated within the agency for official purpose such
Sas for discussion, comment or approval or when these contain unique information that
I6can substantially contribute to a proper understanding of the agency organization,
policies, transactions, decisions, resolutions, enactments, actions, procedures, operations,
18and activities;

19(b) Government agencies, in coordination with the National Archives of the Philippines,
20shall identify specific and classes of official records in their custody or control that have
2icontinuing historical, administrative, informational, legal, evidentiary, or research value
22for preservation by such agencies or their legitimate successors, or for transfer to the
23National Archives of the Philippines

24(c) In addition to the specific and classes of official records identified for preservation
25under letter (b) of this section, the following shall not be destroyed:

26 (1) Records pertaining to loans obtained or guaranteed by the government;
27 (2) Records of government contracts involving amounts Fifty Million or more, or
28related to infrastructure, public and private partnerships, utilities, or other important
29projects

30 (3) The original declaration under oath of the assets, liabilities and net worth of
3 Ipublic officers and employees submitted to the Office of the Ombudsman, as required by

32law, and

33 (4) Records of official investigations pertaining to allegations of graft and
34corruption of public officers.

35(d) Government agencies shall prepare, following standards and period promulgated
36pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act of

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12007, a records management program that includes the following:

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

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

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

12(¢) In addition to its function as repository of all rules and regulations issued by agencies
13as provided under Book VII, Chapter II of the Administrative Code of 1987, the
14University of the Philippines Law Center shall, in coordination with the Office of the
President which has exclusive editorial and printing jurisdiction over the Official Gazette,
I6and with other relevant agencies, maintain a database, and publish in the Official 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, including
21 but not limited, to executive orders, presidential proclamations, administrative
22 orders, memorandum circulars, general orders, and other similar issuances;

23 (3) A database of all appointments and designations made by the President of the
24 Philippines; and

25 (4) Opinions of the Secretary of Justice.

26SEC 21. Publication in the Official Gazette. For purposes of mandatory disclosure:is
27provided in Section 8 of this Act, online publication in the Official Gazette website shall
28be considered official publication provided there shall be a timestamp in the said
29document.

30For purposes of compliance with Article 2 of the Civil Code of the Philippines,
31publication of the following in the online version of the Official Gazette, with the
32corresponding timestamps on the document, shall be considered as official publication

33 (a) All important legislative acts and resolutions of a public nature of the Congress of
34 the Philippines,
35. (b) All executive and administrative orders and proclamations of general application;

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1 (c) Decisions or abstracts of decisions of the Supreme Court and the Court of
2 Appeals or other courts of similar rank, as may be deemed by said courts of
8 sufficient importance to be so published;

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

7 However, other documents or classes of documents as may be required to be
Spublished by law, such as petitions and/or legal notices in connection with land titles,
Snaturalization or special proceedings shall continue to be published in the print version of
lothe Official Gazette or in any newspaper of general circulation for purposes of
compliance with the publication requirement

12SEC 22, Act Not a Bar to Claim of Right to Information Under the Constitution. No
I3provision of this Act shall be interpreted as a bar to any claim of denial of the right to
14information under Article III, Section 7 of the 1987 Constitution

ISSEC 23. Separability Clause. — \f any provision or part hereof is held invalid or
16unconstitutional, the remainder of the law or the provision not otherwise affected shall
17remain valid and subsisting.

I8SEC 24. Repealing Clause. ~ All laws, decrees, executive orders, rules and regulations,
I9issuances or any part thereof inconsistent with the provisions of this Act, including
20sections 18, 24 and 25 of Executive Order No. 292 or the Administrative Code of 1987 in
21relation to Article 2 of Republic Act No. 386 or the Civil Code, Memorandum Circular
22No. 78 dated 14 August 1964 (Promulgating Rules Governing Security of Classified
23Matter in Government Offices), as amended, and Section 3, Rule IV of the Rules
24Implementing Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public
25Officials and Employees), are deemed repealed.

26SEC 25. Effectivity Clause. — ‘This Act shall take effect fifteen (15) days after its
27publication in at least two (2) national newspapers of general circulation

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