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

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 1143

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE

Access to food is a fundamental human right. It is therefore the government's
responsibility to ensure an adequate food supply for the people at affordable costs.

In order to reinforce and guarantee the right of the people to affordable food and
adequate food supply, the government must be transparent in all its transactions
involving food and basic commodities. This information is necessary in taking necessary
actions, whether families budgeting their daily expenses, law enforcers running after
hoarders and price colluders, private enterprises in planning for the medium-term, or
national agencies and local governments directing their efforts to solve impending
supply problems.

Indeed, government transparency in food information is a step towards
reinforcing the right of the people to affordable food and food security. The people have
the right to know the factors that influence food supply and prices. Access to official
information, records, documents and papers pertaining to official acts, processes,
transactions and decisions by the government, as well as government research and
data, relative to food and food security, would help ensure transparency and
accountability. Transparency on all information on food and food security would help
prevent collusion and cartel, serve as a check against over-importation of basic
commodities such as rice and corn, and aid in the collection of tariffs per metric ton.

This bill seeks to adopt and implement a policy of full public disclosure of all
government transactions involving food and basic commodities, consistent with the
Constitutional right of the people to information on all matters of public concern, by
requiring all government bodies, specifically, but not limited to, the Department of
Agriculture and Department of Trade and Industry, to grant written requests for
information on food and food supply, and prescribing the penalty in the event of
violations thereof. The bill also requires the Department of Agriculture to publish all
relevant information on the importation of basic food commodities, such as rice and
corn, as well as to maintain records and a database containing said information.

In view thereof, early considerAtion and approval of this bill is earnestly sought.

ALDO V. UMALI
Representative
Second District, Province of Oriental Mindoro



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

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 1143

Introduced by Honorable REYNALDO V. UMALI

AN ACT
MANDATING THE GOVERNMENT TO PROVIDE ACCESS TO INFORMATION ON
FOOD AND OTHER BASIC COMMODITIES TO GUARANTEE THE RIGHT OF THE
PEOPLE TO AFFORDABLE FOOD AND ADEQUATE FOOD SUPPLY, RESCRIBING
GUIDELINES THEREFOR, AND FOR OTHER PURPOSES.

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

SECTION 1. Short Title. This Act shall be known as the “Affordable Food

Transparency Act.”

SEC. 2. Declaration of Policy. The State recognizes, as a matter of policy, the
fundamental right of the people to affordable food and food supply. The State, therefore,
recognizes its obligation to the people to ensure adequate supply of food and other
basic commodities, as well as to ensure transparency in all its transactions relative
thereto, and to prevent any and all forms of collusion and cartel that would restrict the
people's access to affordable food and adequate food supply. In order to reinforce the
tight of the people to affordable food and food supply, the State shall adopt and
implement a policy of full public disclosure of all government transactions involving food
and basic commodities, consistent with the Constitutional right of the people to
information on all matters of public concern. To guarantee the people's fundamental
human right to affordable food and food Supply, the State shall afford to citizens, non-

government organizations (NGO), civil society groups, and other private entities 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, except for such information which may jeopardize the right against self-

incrimination of individuals and matters affecting national security, especially those

information dealing with foreign diplomatic relations.

SEC. 3. Publication of Importation Permits. \n the spirit of transparency and

accountability, the Department of Agriculture shall cause the publication of the following

information on all basic commodities, especially rice, corm, and sugar importation

permits that it has granted:

(a)
(b)
(o)
(@)
)
)
(9)
(h)
(i)
0
(k)
0)
(m)

Name and address of importer, either as a natural or juridical entity;
Name and address of supplier from whom importation is sourced;
Country of origin of the import per shipment;

Date of contract of import;

Date of arrival of import per shipment;

Schedule, cargo or vessel, and maximum tonnage per shipment;
Contracted and actual volume of import per shipment;

Specification of import per shipment:

Contracted price of import per shipment;

Value or cost of import per volume and for each source;

Mode of purchase of import per shipment;

Drop-off points or ports per shipment shipment; and

Such other information that may be necessary to ensure a complete and

proper inventory of imported rice and corn.

The Department of Agriculture shall also prepare, keep and maintain records and

database containing the above-enumerated information, which shall be made readily

available to the public.


SEC. 4. Coverage and Limitations. All information, as herein defined, which are

in the custody or under the control of a government body shall be made accessible and

available for public scrutiny, copying and reproduction, except when:

(a)

(b)

0)

(i)

(ii)

The information pertains to personal information on a third party natural
person, but only when its revelation would constitute a violation of an
individual's right against self-incrimination, including, but not limited to,
records or information subject to attorney-client or doctor-patient

relationship;

The information has been specifically authorized to be kept secret or
considered classified in the interest of national security by the President
through an Executive Order duly published in the Official Gazette and in at
least two (2) newspapers of general circulation, subject to the following

provisions:

The Supreme Court may, upon complaint by any citizen, inquire
into the sufficiency of the factual basis for the President's

determination;

Such information shall be reviewed every five (5) years by the head
of ‘the appropriate agency concerned for purposes of

declassification and making available to the public; and

Such information shall finally be deemed declassified and open to
the public after a period of fifteen (15) years from the date of
publication of the said Executive Order in the Official Gazette or in

a newspaper of general circulation, whichever was first.


(c)

The information is maintained by law enforcement agencies for criminal

law enforcement, or, relates to the detection and investigation of crime,

including those maintained on any individual or compiled in the course of a

criminal investigation by any law enforcement agency: Provided that the

disclosure of such public record or information:

10)

(ii)

i)

(iv)

(v)

(vi)

Could reasonably be expected to interfere with the prevention,
detection, suppression, or investigation of any criminal activity or

with law enforcement operations;

Would deprive a person of a right to a fair trial or an impartial

adjudication;

Could reasonably be expected to constitute an unwarranted

invasion of personal privacy;

Could reasonably be expected to disclose the identity of a
confidential source, including a foreign agency or authority, or any
private institution which furnished information on a confidential

basis, or the information furnished by a confidential source;

Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law

enforcement investigations or prosecutions;

Could reasonably be expected to endanger the life or physical
safety of any individual, harm the security of any property or

‘system, including a building; or


(ii)

Could harm the security of any property or system, including, but
not limited to, a building, vehicle, computer or communications

system:

Provided, however, that records or information relating to the

administration, management and direction of a law enforcement agency shall be

public.

(a)

(e)

The information is maintained by the Department of Foreign Affairs and
other relevant government bodies on another sovereign state, and the
disclosure of such records or information could reasonably be expected to
jeopardize the diplomatic relations of the Government of the Republic of
the Philippines with the said sovereign state: Provided, that treaties, trade
agreements, contracts between agencies and/or government-owned and
controlled corporations, and implementing agreements, annexes, side
letters and other such documents and records pertaining to or related to
the same, and any other documents pertaining to dealings entered into by,
the Government of the Republic of the Philippines with another sovereign
State and binds the Government to uphold such transactions under

international and local law, shall not be covered by this exception;

The information pertains to trade secrets and commercial or financial
information obtained from a person, firm, or corporation which is of a

privileged or confidential nature; or

The information is exempted from disclosure by another law or by the
Rules of Court, including, but not limited to, information considered as
privileged communication or gathered by any government body in closed

or executive session.


In cases where access is requested to a portion of a record or information that is

exempt from disclosure pursuant to this Act, the public shall have the right of access to

the remainder of the record Provided, that the exempt portion of the record can be

reasonably separated, severed, deleted or concealed from the record.

Nothing in this Act shall, however:

(a)

(b)

(©)

(a)

e)

authorize the withholding of information from, or limit the availability of

records to, Congress or any of its committees;

affect the power of any court, tribunal, investigative body, or any
government body exercising quasi-judicial functions to compel a witness

to testify or to compel the production of documents;

limit the information otherwise available by law to a party to litigation

including a civil, criminal or administrative proceeding;

prohibit the transfer, storage or destruction of any record pursuant to law,

decree, order, ordinance or rules and regulations;

prevent access to records maintained in a public office for the purpose of

providing the public access to information; or

testrict disclosure of information for the purpose of an investigation or

prosecution of a criminal case or a case of graft and corruption.

SEC. 5. Procedure for Access. Any person who seeks to obtain, have a copy of

or have access to any information shall file a request in writing, as much as practicable,

to the government body concerned, reasonably describing the information being sought,

and stating details on how he could be contacted by the said government body.


The government body shall comply with the said request within two (2) working

days after the receipt of the request, or within a reasonable period of time mutually

agreed upon by the’ requesting person and the government body's employee

concerned, but not to exceed five (5) working days.

The time for compliance may, with due notice to the requesting person, be

extended by the head of the government body to a period not exceeding fifteen (15)

days if:

(a)

(b)

()

(d)

(e)

The requesting person failed to give enough details about the information

or record sought to be obtained.

A large number of records is sought to be obtained in a single request, or
when it has received voluminous requests, that compliance within the
prescribed period under this Act would unreasonably interfere with its

operations;

The request requires search and collation of records from its field offices;

Additional time is needed to consult with another government body having

material or substantial interest in the determination of the request; and

There are fortuitous events or other events from force majeure, or other

analogous cases.

SEC. 6. Payment of Reasonable Fees. Copies or reproductions of information,

whether in print or electronic media, may be obtained by the requesting person whose

request has been approved upon payment of a reasonable fee which shall not exceed

the actual cost of reproduction, plus a reasonable margin not exceeding ten percent


(10%). Provided, that proceeds from the reproduction fees charged shall be used
exclusively for the purchase and maintenance of equipment and supplies required to

produce copies or reproductions of the said records.

Upon request, the government body shall provide a detailed itemization of the
costs charged for the reproduction. No government body may, however, require the

advanced payment of any reproduction fee.

SEC. 7. Transfer of Request. If the government body to which the request was
filed determines that the information being sought is not in its custody or control, it shall,
within two (2) days, notify the requesting person of the same, through writing or other
contact channels that the requesting person has provided, and shall then either: 1)
transmit the said request to the government body which has the possession or custody
of the information being sought; or 2) provide the requesting person with a referral
letter, signed by its head and addressed to the head of the government body which has

the possession or custody of the information being sought.

The government body receiving of such transmittal or referral letter shall then act

‘on such request in the manner set forth in Section 5 hereof.

SEC. 8. Denial of Request. If the government body decides to deny the request,
in whole or in part, it shall within two (2) working days from the receipt of the request
notify the requesting person of such denial in writing, signed by the head of the
government body, and the specific grounds for the denial and the corresponding legal

basis, as allowed in Section 4 hereof.

SEC. 9. Remedies to Compel Disclosure. Every denial of any request for
access to information may be appealed before the Office of the Ombudsman by filing,
within fifteen (15) days from receipt of a letter of denial, a prayer for the disclosure of the

information being sought.


iA g Nothing in this Section shall prejudice any other available administrative, civil or

¥ criminal remedy.

SEC. 11. Mandatoi

which is in possessions¢
classified or exerg nt to this Act, about the existence of a factor or risk

SEC. 12. Penal Provisions. Any official or employee of the government body

which has possession of any significant information on food supply and prices found


thereof, without a valid legal ground as provided for in this Act, or who shall knowingly
release false and/or misleading information, shall be punished with a fine of not less
than Twenty Thousand Pesos (P20,000.00), but not more than Forty Thousand Pesos
(P40,000.00), and/or imprisonment of not less than one (1) year, but not more than
three (3) years, including all the accessory penalties provided by law, upon the

discretion of the court.

Any official or employee who shall fail to respond to a request due to negligence,
or fail to meet the time limits for response set forth in this Act, without reasonable
reasons for such, shall be punished with a fine of not less than Ten Thousand Pesos
(P10,000,00), but not more than Twenty Thousand Pesos (P20,000.00), and/or
imprisonment of not less than six (6) months, but not more than one (1) year, including

all the accessory penalties provided by law, upon the discretion of the court.

Any official or employee who shall deliberately and knowingly refuse, or because
of negligence fail, to update any information his or her office is required to disclose
under Section 10 of this Act shall be penalized administratively with suspension from
service, without play, of at least six (6) months but not more than one (1) year. A

subsequent offense shall cause his dismissal from service.

SEC. 13. implementing Guidelines. Each government body shall, within si

(60) days from the efectvty ofthis Act, promulgate guidelines spec.ng the oes, and
employees from whom, and the methods and process whereby, the public may request

access to or obtain information which are kept in or held under its custody or control.
a

SEC. 14, Reports. On or before March 1 of each calendar year, each
government body shall submit a report covering the preceding year to the Speaker of
the House of Representatives and President of the Senate for referral to the appropriate

committees of Congress. The report shall include:


(a)

(b)

(©)

(d)

)

(g)

A copy of the implementing guidelines and rules crafted by such

government body in the implementation of this Act;

A copy of the reproduction fee schedule under Section 6 of this act, the
total proceeds collected from such fees and the use of such proceeds by

the government body;

The number of determinations made by such government body to refuse
the requests for information made to such government body under Section

8, the reasons for such determination;

The names and titles or positions of officials responsible for the refusal of
requests under this Act, and the number of instances of participation of

each;

The number of refused requests wherein the requesting person sought
remedies before the Office of the Ombudsman or before the regular
courts, and the names and titles or positions of officials concemed in

these cases;

A copy of the information disclosed by the government body pursuant to
Section 10 of this act, including a description of the collaterals, whether
print or electronic, used in the dissemination of the said disclosed

information.

A summary of other initiatives made by the government body, whether or
not mandated by this Act or any other law, that sought to enhance and

assist the implementation of this Act; and


(h) Such other information which the government body deems as necessary

to disclose in relation to the implementation of this Act.

The Office of the Ombudsman shall submit an annual report on or before March
1 of each calendar year, listing the number of cases filed before it under Section 9 of
this Act and the disposition of each case. The Solicitor General shall likewise submit an
annual report on or before March 1 of each calendar year, listing the number of cases
filed before the regular courts under Section 9 of this Act, the disposition of each case,

the names and positions or titles of the officials penalized and the penalties assessed.

SEC. 15. Oversight Committee. For the effective implementation of this Act,
there shall be a Congressional Oversight Committee consisting of five (5) members
each from the Senate and House Representatives, which shall be composed of the
Chairpersons and members of the Committees on Agriculture, Trade and Commerce,
and Justice and Human Rights of both the Senate and House of Representatives, which
shall meet bi-annually to oversee its implementation. The Congressional Oversight
Committee shall be jointly chaired by the Chairpersons of the Committees on
Agriculture and Trade and Commerce of the Senate and House and Representatives
and shall be jointly vice-chaired by the Chairpersons of the Committees on Justice and

Human Rights of the Senate and House and Representatives.

SEC. 16. Definition of Terms.

(a) “Basic commodities” for purposes of this Act includes: rice; corn; bread;
fresh, dried and canned fish and other marine products, fresh pork, beef
and poultry meal; fresh eggs; fresh and processed milk; fresh vegetables;

root crops; coffee; sugar; instant noodles; salt;


(b)

(c)

(d)

(e)

“Government body” shall mean any Executive, specifically, but not
limited to, the Department of Agriculture (DA) and Department of Trade
and Industry (DTI), Legislative, Judicial or Constitutional body of the
Government of the Republic of the Philippines, including local government
units, the Armed Forces of the Philippines (AFP) and the Philippine
National Police (PNP), government financial institutions and government-
‘owned and controlled corporations, whether created by its own charter or
by registration withthe Securities and Exchange Commission (SEC), and

all such other entities where the government has substantial interest in.

“Information” shall mean all documents, papers, letters, minutes and
transcripts of official meetings, maps, books, photographs, films, sound
and video recordings, magnetic or other tapes, electronic data processing
records, computer stored data, electronic mail messages, or any other like
or similar data or material, recorded, stored or archived in whatever form
or format, which are made, received or kept in or under the control and
custody of any government body pursuant to law, executive order, rules
and regulation, ordinance or in connection with the performance or

transaction of official business by any government body.

“Requesting person” shall mean a natural person, whether on his own
or as a representative of another natural person or a juridical person, who
makes a request to obtain, have a copy of or have access to information

from any government body as defined in this Section.

“Trade secret” shall mean any information, including a formula, pattern,
compilation, program, device, product, method, technique or process, that
is used, or may be used, in business or for any commercial advantage;
derives independent economic value, actual or potential, from not being

generally known to the public or to persons who can obtain economic


value from its disclosure or use; is the subject of reasonable efforts to
prevent it from becoming generally known, and the disclosure of which

would result in harm or improper benefit.

SEC. 17. Separability Clause. If for any reason, any part, section or provision of
this Act shall be held unconstitutional or invalid, no other part, section or provision shall

be affected thereby.

SEC. 18. 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.

SEC. 19. Effectivity Clause. This Act shall take effect immediately after its

publication in at least two (2) national newspapers of general circulation.

Approved,