FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
S. No. 3208 
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(In substitution of Senate Bill Nos. 11,25,126,149,158,162,1254,1440,1773,2086. 
2189,2283,2354, and 3183) 
Prepared by the Committees on Public Information and Mass Media, Civil Service and 
Government Reorganization and Finance with Senators Trillanes, Revilla, Jr., Osmena 
III, Pangilinan, Guingona III, Committee on Rules, Villar, Legarda, Santiago, Escudero. 
Honasan II, Cayetano (A.) and Drilon as authors thereof. 
AN ACT 
1 
FORTIFYING THE PEOPLE'S RIGHT OF OWNERSHIP OVER INFORMATION HELD 
2 
BY THE PEOPLE'S GOVERNMENT 
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4 
5 
Be it enacted by the Senate and the House of Representatives of the Philippines III 
6 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "People's 
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Ownership of Government Information (POGI) Act of 2012." 
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SEC. 2. Declaration of Policy. - Pursuant to the First Principle declared in Our 
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Constitution that Sovereignty resides in the people and all government authonty 
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emanates from them, the right of the people to effective and reasonable participation at 
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all levels of social, political and economic decision making, the right of the people to 
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information on matters of public concern, and the policy of full public disclosure of all 
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government transactions involving public interest, it is hereby declared that All 
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Government Information is Owned by the People and that public access to all 
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government information, as a general rule, serves the public interest and exceptional 
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instances restricting access thereto, as provided herein, shall only be allowed also by 
21 
reason of public interest. 
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SEC. 3. Coverage -
This Act shall cover all branches, departments, and 
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instrumentalities of government, including all local government units, collectively 
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referred to as government agencies defined under Section 4 of this Act, . 
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SEC. 4. Definition of Terms. - As used in this Act: 


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(A) "Information" shall mean any record, document, paper, report, letters, contract, 
2 
minutes and transcripts of official meetings, maps, books, photographs, data, research 
3 
material, film, sound and video recordings, magnetic or other tapes, electronic data. 
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computer stored data, or any other like or similar data or material recorded, stored or 
5 
archived in whatever form or format, which are made, received or kept in or under the 
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control and custody of any government agency pursuant to law, executive order, rules 
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and regulations, ordinance or in connection with the performance or transaction of 
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official business by any government agency. 
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(S) "Government agency/agencies" shall include the executive, legislative and judicial 
11 
branches as well as constitutional bodies of the Republic of the Philippines including, 
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but not limited to, the national government and all its agencies, departments, bureaus. 
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offices and instrumentalities, constitutional commissions and constitutionally mandated 
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14 
bodies, local governments and all their agencies, regulatory agencies, chartered 
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institutions, government-owned or controlled corporations, including wholly-owned or 
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controlled subsidiaries, government financial institutions, state universities and colleges, 
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the Armed Forces of the Philippines, the Philippine National Police, all offices in the 
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Congress of the Philippines including the offices of Senators and Representatives, the 
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Supreme Court and all lower courts established by law. 
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(C) "Official record/records" shall refer to information produced or received by a public 
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officer or employee, or by a government agency in an official capacity or pursuant to a 
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public function or duty, regardless of whether the information is in the draft, final, or any 
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other stage or status. 
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(0) "Public record/records" shall include information required by law, executive orders, 
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rules, or regulations to be entered, kept and made publicly available by a government 
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agency. 
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SEC. 5. Access to Information. - Every Filipino citizen has a right to and shall, on 
31 
request, be given access to any record under the control of a government agency 
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Government agencies shall make available to the public for scrutiny, copying and 
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reproduction in the manner provided by this Act, all information pertaining to official 
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acts, transactions or deciSions, as well as government research data used as a basis for 
35 
policy development, subject to the exceptions enumerated under section 7 of this Act, 
36 
regardless of their physical form or format in which they are contained and by whom 
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they were made. 


SEC. 6. Presumption. -
There shall be a legal presumption in favor of access to 
2 
information. No request for information shall be denied unless it clearly falls under the 
3 
exceptions provided under this Act. 
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SEC. 7. Exceptions. - Access to information shall be granted unless: 
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(A) The information is specifically authorized to be kept secret under guidelines 
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established by an executive order, and in fact properly classified pursuant thereto: 
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Provided, That 1) The information directly relates to national security or defense and Its 
10 
revelation may cause grave damage to the national security or internal and external 
11 
defense of the State; or 2) The information requested pertains to the foreign affairs of 
12 
the Republic of the Philippines, when its revelation may weaken the negotiating position 
13 
of the government in an ongoing bilateral or multilateral negoti<;ltion or seriously.! 
14 
jeopardize the diplomatic relations of the Philippines with any state; Provided, further, 
15 
That the executive order shall specify the reasonable period after which the information 
16 
shall be automatically declassified or subject to mandatory declassification review, and 
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that any reasonable doubt as to classification and declassification shall be settled In 
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favor of the right to information; 
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(6) The information consist of records of minutes, records of advice given or records of 
21 
opinions expressed during decision-making or policy formulation, invoked by the Chief 
22 
Executive to be privileged by reason of the sensitivity of the subject matter or by reason 
23 
of the impairment of the Chief Executive's deliberative process that would result from 
24 
the disclosure thereof. Once policy has been formulated and decisions made, minutes 
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and research data may be made available for disclosure unless they were made in 
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executive session. 
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(C) The information requested pertains to internal and/or external defense, law 
29 
enforcement, and border control, when the disclosure thereof may: 
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(i) compromise or interfere with any legitimate military or law enforcement 
32 
operation, or 
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(ii) compromise or interfere with the legitimate prevention, detection or 
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suppression of criminal activity, or the legitimate implementation of immigration controls 
36 
and border security, or 
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(iii) lead to the disclosure of the identity of a confidential source, including a 


government, or foreign agency or authority or any private institution which furnished 
2 
information on a confidential basis, and, in the case of a record or information compiled 
" 
3 
by a law enforcement authority in the course of an investigation or by an agency 
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conducting a lawful national security intelligence investigation, information furnished by 
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a confidential source, or 
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(iv) disclose legitimate techniques and procedures for law enforcement 
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investigations or prosecutions, or would disclose legitimate guidelines for law 
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enforcement investigations or prosecutions if such disclosure could reasonably be 
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expected to risk circumvention of the law, or 
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(v) endanger the life or physical safety of any individual. 
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(D) The information requested consists of drafts of orders, resolutions, decisions, 
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memoranda or audit reports by any executive, administrative, regulatory, constitutional. 
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judicial or quasi-judicial body in the exercise of their regulatory, audit and adjudicatory 
18 
function. 
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(E) The information requested is obtained by either House of Congress, or any 
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committee thereof, in executive session. 
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(F) The information requested pertains to the personal information of a natural person 
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other than the requesting party, and its disclosure would constitute an unwarranted 
25 
invasion of his or her personal privacy, unless it forms part of a public record, or the 
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person is or was an official of a government agency and the information relates to his or 
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her public function or the person has consented, in writing, to the disclosure of the 
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information; 
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(G) The information requested pertains to trade secrets and commercial or financial 
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information obtained from a natural or juridical person other than the requesting party, 
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obtained in confidence or covered by privileged communication, and/or filed with a 
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government agency, whenever the revelation thereof would prejudice the interests of 
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such natural or juridical person in trade, industrial, financial or commercial competition 
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(H) The information is classified as privileged communications in legal proceedings by 
37 
law or by the Rules of Court. 


(I) The information requested is exempted from disclosure by law or by the Constitution, 
2 
in addition to those provided in this section, 
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(J) The information has already been made accessible as provided in Section 13 of this 
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Act. 
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For letters (c) to 0) of this section, the determination whether any of these grounds shall 
8 
apply shall be the responsibility of the head of office of the government agency In 
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custody or control of the information, or any responsible central or field officerls duly 
10 
designated by him: Provided, That: 
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(1) The exceptions are strictly construed; 
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(2) The exceptions are not used to cover-up a crime, wrong-doing, graft, or corruption: 
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(3) The President, the Supreme Court, the Senate, the House of Representatives, and 
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the Constitutional Commissions may waive an exception with respect to information in 
15 
the custody of offices under their respective supervision or control, when they deem that 
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there is an overriding public interest in disclosure; 
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(4) The exceptions do not constitute authority to withhold information from Congress nor 
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authority for the executive branch of a local government unit to withhold information 
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from the legislative body of such local government unit; 
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(5) Whenever the information requested is part of a record, whose other parts are 
22 
covered by an exception, but may be reasonably severed from a record, the responding 
23 
official shall either sever the information not covered by the exception and 
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communicated it to the requester, or he shall edit the exempt information and render It 
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suitable for public disclosure and release the record to the requester with a specific 
26 
identification of the parts which were edited; and 
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(6) Even if the information requested falls under the exceptions set forth in this Section, 
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access to information shall not be denied if public interest in the disclosure of the 
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information outweighs public interest in securing its confidentiality, 
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SEC. 8. Mandatory Disclosure of Information. - Government agencies are mandated 
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to regularly disclose the following information in the duration and manner provided 
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hereunder: 
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(A) In fulfillment of Article XI, Section 17 of the Constitution, the following national 
36 
officials shall disclose to the public, through their official website, their Statement of 
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Assets, Liabilities, and Net worth (SALN) on an annual basis: 
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(1) the President; 


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2 
3 
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(2) the Vice- President; 
(3) the Members of the Cabinet; 
(4) the Members of Congress; 
(5) the Justices of Supreme Court; 
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(6) the Members of Constitutional Commissions and other constitutional 
6 
offices; and 
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(7) officers of the armed forces with general or flag rank. 
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(B) All agencies of all branches of government shall upload on their websites. 
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which shall be updated monthly, a register of the following public interest transactions, 
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documents or records, including: 
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(1) Annual Budget of Government Agencies; 
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(2) Itemized Monthly Collections and Disbursement; 
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(3) Summary of Income and Expenditures; 
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(4) Component of the IRA Utilization; 
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(5) Annual Procurement Plan and Procurement List; 
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(6) Items to Bid; 
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(7) Bid Results on Civil Works, and Goods and Services; 
(8) Abstract of Bids as Calculated; 
(9) Procurement contracts entered into by a government agency; 
(10) Construction or concession agreements or contracts entered into by a 
government agency with any domestic or foreign person or entity; 
(11) Private sector participation agreements or contracts in infrastructure 
and development projects under Republic Act No. 6957, as amended by 
Republic Act No. 7718, authorizing the financing, construction, operation 
and maintenance of infrastructure projects; 
(12) Public funding extended to any private entity; 
(13) Bilateral or multilateral agreements and treaties in trade, economic 
partnership, investments, cooperation and similar binding commitments; 
,! 
(14) Licenses, permits or agreements granted by any government agency 
to any person or entity for the extraction and/or utilization of natural 
resources and a list of the grantees; 
(15) Guarantees given by any government agency to government-owned 
or -controlled corporations and to private corporations, persons or entities; 
(16) Loans from domestic and foreign financial institutions; 
(17) Loans, grants, development assistance, technical assistance, and 


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4 
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programs entered into by a government agency with official bilateral or 
multilateral agencies, as well as with private aid agencies or institutions. 
and 
(18) Compromise agreements entered into by a government agency with 
any person or entity. 
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The register shall contain a brief description of the transaction involved, including, but 
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not limited to: the nature and object of the transaction, the parties and amounts 
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involved, the key steps undertaken towards its conclusion, and the relevant dates 
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provided that contracts and agreements involving an amount of at least fifty millioll 
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pesos (P50, 000,000.00) shall be uploaded in full on the website of the concerned 
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government agency or the Official Gazette Online. A covered record shall be enrolled In 
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the register not later than 30 working days from its perfection or issuance. 
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(C) Each government agency shall regularly publish, print and disseminate at no 
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cost to the public and in an accessible form, in conjunction with Republic Act 9485, or 
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the Anti-Red Tape Act of 2007, and through their website, timely, true, accurate alld 
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updated key information including, but not limited to: 
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(1) A People's Ownership of Government Information Manual in full; 
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(2) A description of its mandate, structure, powers, functions, duties and 
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decision-making processes; 
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(3) A description of the frontline services it delivers and the procedure and length 
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of time by which they may be availed of; 
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(4) The names of its key officials, their powers, functions and responsibilities, and 
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their profiles and curriculum vitae; 
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(5) The Statement of Assets and Liabilities of the public officers of the 
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government agency; 
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(6) Work programs, development plans, investment plans, projects, performance 
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targets 
and 
accomplishments, 
and 
budgets, 
revenue 
allotments 
and 
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expenditures; 
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(7) Important rules and regulations, orders or decisions: Provided, That they be 
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published within fifteen (15) calendar days from promulgation; 
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(8) Rules of procedure, descriptions of forms available or the places at which 
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forms may be obtained, and instructions as to the scope and contents of all 
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papers, reports, or examinations; 
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(9) Substantive rules of general applicability adopted as authorized by law, and 
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statements of general policy or interpretations of general applicability formulated 
7 


and adopted by the agency, including subsequent amendments; 
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(10) Current and important database and statistics that it generates; 
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(11) Bidding processes and requirements; and 
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(12) Mechanisms or procedures by which the public may participate in or 
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otherwise influence the formulation of policy or the exercise of its powers. 
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All government agencies shall over time endeavor and build the capacity and practice to 
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upload in full all other contracts, agreements, or treaties covered under this section. 
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specially those that are of the highest public interest by reason of the amounts involved 
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and the impact of the transaction to the public. All government agencies must ensure 
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that they have a compliant website within two (2) years from the effectivity of this Act. 
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Should an agency lack the capacity to comply with the website uploading requirement of 
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this section, the agency shall initiate a capacity-building program, coordinate with 
15 
another appropriate agency, or use an alternative mechanism, to facilitate substantive 
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compliance not later than three (3) years from the effectivity of this Act. The National 
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Computer Center shall monitor all government agency websites and render the 
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appropriate support for their development and full compliance with the requirements oi 
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this Act. 
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For purposes of improving capability, every government agency shall ensure the 
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provision of adequate training for its officials to improve awareness of the people's 
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ownership of government information and the provisions of this Act, and to keep 
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updated as to best practices in relation to information disclosure, records maintenance 
25 
and archiving. 
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In order to develop accessibility of language and form, every government agency shall 
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endeavor to translate key information into major Filipino languages and present them In 
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popular form and means. 
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SEC. 9. Protection of Privacy - While providing for access to information in publiC 
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records, this Act also affords full protection of the right to privacy of individuals, as 
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follows: 
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(a) A government agency must ensure that personal information in its custody or under 
37 
its control is disclosed only as permitted under this Act; 
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(b) A government agency must protect personal information in its custody or under Its 


control by making reasonable security arrangements against such risks as unauthorized 
2 
access, collection, use, disclosure, or disposal; 
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(c) An employee, officer or director of a government agency who has access, whether 
5 
authorized or unauthorized, to personal information in the custody of the agency, must 
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not disclose that information except as authorized under this Act. 
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SEC. 10. People's Ownership of Government Information Manual. - (A) For the 
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effective implementation of this Act, all government agencies shall prepare a People's 
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Ownership of Government Information Manual, setting forth the following: 
II 
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(1) The location and contact information of the head, regional, provincial and field 
13 
offices, and other established places where the public can obtain government 
14 
information or submit requests; 
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(2) The types of information it generates, produces, holds and/or publishes; 
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(3) A description of its record-keeping system; 
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(4) The person or office responsible for receiving requests for information; 
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(5) The procedure for the filing of requests personally, by mail, or through the 
19 
identified electronic means; 
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(6) The standard forms for the submission of request and for the proper 
21 
acknowledgment of the request; 
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(7) The process for the disposition of the request, including the routing of the 
23 
request to the person or office with the duty to act on the request, the decision-
24 
making process, and the grant or denial of access and its implementation; 
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(8) The procedure for the administrative appeal of any denial for access to 
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information; 
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(9) The schedule of fees; 
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(10) The process and procedure for the mandatory disclosure of information 
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under Section 8 of this Act: Provided, That should the agency lack the capacity 
30 
to fully comply therewith, a brief description of its plan to facilitate compliance 
31 
within three (3) years from the approval of this Act; and 
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(11) Such other information, taking into consideration the unique characteristics 
33 
of an agency, that will help facilitate the effective implementation of this Act. 
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(b) The foregoing information shall also be posted in its website and bulletin boards, and 
36 
shall be regularly updated; 
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(c) In no case shall the absence of the aforementioned Manual be a reason for the 


denial of any request for information made in accordance with this Act. 
2 
3 
(d) The heads of each of the departments and agencies may designate liaison units or 
4 
Committees who shall coordinate with the other units of the agency in implementing this 
5 
Act. The composition, functions and duties of these liaison units or Committees shall be 
6 
included in the People's Ownership of Government Information Manual. 
7 
8 
SEC. 11. Procedure of Access. - (A) Any person who wishes to obtain information 
9 
shall submit, free of charge, a request to the government agency concerned personally, 
10 
by mail, or through electronic means. A person who is unable, because of illiteracy or 
II 
due to being a person with disability, to make a written request for information may 
12 
make an oral request, and the public official who receives the oral request shall reduce 
13 
it to writing, and include his name and position within the government agency, and give 
~ 
14 
a copy thereof to the person who made the request. The request shall state the name 
15 
and preferred contact information of the requesting party, and reasonably describe the 
16 
information required, the reason for the request of the information and the preferred 
17 
means by which the government agency shall communicate such information to the 
18 
requesting party: Provided, That the stated reason shall not be used as a ground to 
19 
deny the request or to refuse the acceptance of the request, unless such reason IS 
20 
contrary to law. If the request is submitted personally, the requesting party shall show 
21 
his current identification card issued by any government agency, or government or 
22 
private employer or school, or a community tax certificate. If the request is submitted by 
23 
mail or through electronic means, the requesting party may submit a photostatic or 
24 
electronically scanned copy of the identification, or other convenient means as 
25 
determined by the agency. 
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(8) The public official receiving the request shall provide reasonable assistance, free of 
28 
charge, to enable all requesters and particularly those with special needs, to comply 
29 
with the request requirements under this section. 
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(C) The request shall be stamped by the government agency, indicating the date and 
32 
time of receipt and the name, rank, title and position of the receiving public officer or 
33 
employee with the corresponding Signature, and a copy thereof furnished to the 
34 
requesting party. In case the request is submitted by electronic means, the government 
35 
agency shall provide for an equivalent means by which the requirements of thiS 
36 
paragraph shall be met. Each government agency shall establish a system to trace the 
37 
status of all requests for information received by it. 
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(D) The request may indicate the requesting party's preferred mode and means of 
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receiving the information requested, provided that the mode and means are reasonable. 
'
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taking into consideration equipment normally available to the concerned government 
,; 
3 
agency. 
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5 
(E) A government agency may communicate the information requested in a form other 
6 
than the preferred means whenever the agency has no capability in communicating the 
7 
information in the preferred format, or such preferred means would unreasonably 
8 
interfere with the effective operation of the agency or be detrimental to the preservation 
9 
of the record. 
10 
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(F) The government agency shall comply with such request as soon as practicable, and 
12 
in any case within fifteen (15) working days from the receipt thereof. The period may be 
13 
extended whenever the information requested requires a search of the government 
14 
agency's field or satellite offices, examination of voluminous records, the occurrence of 
15 
fortuitous events or other analogous cases. 
16 
17 
(G) The government agency shall, in writing or through electronic means, notify the 
18 
person making the request of the extension, setting forth the reasons for such extension 
19 
and the date when the information shall be made available, which in no case shall result 
20 
in an extension of more than twenty (20) working days. 
21 
22 
(H) Once a decision is made to grant the request, the person making the request shall 
23 
be notified of such and shall pay the required access and processing fees. 
24 
25 
If the information is not held by the government agency to which the request was made, 
26 
it shall notify the requester that it does not hold the information, and indicate to the 
27 
requester which agency holds the record, if known. Whenever practicable, the agency 
28 
receiving the request may also cause the transfer of the request to the appropnate 
29 
agency that holds the information: Provided, That the period to comply with the request 
30 
under this section Shall begin to run only upon the receipt of the agency to which the 
31 
request is transferred. 
32 
33 
SEC. 12. Access and Processing Fees. -
Government agencies may charge a 
34 
reasonable fee to reimburse the actual cost of reproduction, copying or transcription and 
35 
the communication of the information requested. An agency may waive the fees 
36 
whenever it is satisfied that the requester is an indigent, or that the cost of reproduction 
37 
is negligible, or that it is pursuant to a program for proactive disclosure. 
11 


SEC. 13. Exemption From Compliance. - The government agency is excused from 
2 
complying with a subsequent identical or substantially similar request from the same 
3 
requesting party where it has previously complied with a request for information unless 
4 
a reasonable interval has lapsed between compliance with the previous request and the 
5 
making of the current request: Provided, That the government agency complies with 
6 
Section 14 of this Act. 
7 
8 
SEC. 14. Notice of Denial. - (A) If the government agency decides to deny the request. 
9 
in whole or in part, it shall, as soon as practicable, and in any case within fifteen (15) 
10 
working days from the receipt of the request, notify the person making the request of 
11 
such denial in writing or through electronic means. The notice shall clearly set forth the 
12 
ground or grounds for denial and the circumstances on which the denial is based, and 
13 
indicate available rights of reconsideration or appeal. Failure to notify the person making 
14 
the request of the denial, or of the extension, shall be deemed a denial of the request 
15 
for access to information. 
16 
17 
SEC. 15. Remedies in Cases of Denial. - (A) In all government agencies other 
18 
the judicial branch: 
19 
20 
(1) Every denial of a request for access to information may be contested by a Request 
21 
for Administrative Reconsideration to the same responsible official who originally denied 
22 
the request or by an Administrative appeal to the Head of Agency, following the 
23 
procedure mentioned in Section 10 (a) (8) and Section 14 of this Act: Provided, That 
24 
the appeal must be filed within fifteen (15) calendar days from the receipt of the notice 
25 
of denial and must be decided within fifteen (15) calendar days from filing. Failure to 
26 
resolve the appeal within the aforementioned period shall constitute a denial of the 
27 
appeal: Provided, Further, That every Notice of Denial shall include check-box options 
28 
to be checked or marked by the requester for the Immediate Administrative 
29 
Reconsideration or Appeal to the head of the agency. If the requester, after indicating 
30 
his desired remedy, submits his Request for Administrative Reconsideration or Appeal 
31 
with the government official communicating the Notice of Denial to the requester, that 
32 
government official shall be responsible for immediately coursing the Request for 
33 
Administrative Reconsideration or Appeal to the appropriate official or head of the 
34 
agency: Provided, Finally, That the requester may, in addition to and together with h< 
35 
Request for Reconsideration or Appeal, submit further arguments to strengthen 
36 
request; 
37 
38 
(2) Instead of appealing or after the denial of the appeal, the person denied access I. 


information may file a verified Complaint with the Office of the Ombudsman, praying tila 
2 
the government agency concerned be directed to immediately afford access to \i'. 
3 
information being requested, Such Complaint shall be resolved by the Office 
11 
4 
Ombudsman within sixty (60) calendar days from filing, or earlier when time is at li 
5 
essence, taking into account such factors as the nature of the information requesle" 
6 
context of the request, public interest and danger that the information requested w;, 
7 
become moot The Office of the Ombudsman shall promulgate its special rules (. 
8 
procedure for the immediate disposition of Complaints filed pursuant to this Sectlor 
9 
Unless restrained or enjoined, the decisions of the Office of the Ombudsman shall •. H. 
10 
immediately executory, without prejudice to review in accordance with the Rules: 
II 
Court; 
12 
13 
(3) Instead of filing a Complaint with the Office of the Ombudsman, whenever a request 
14 
for information is denied originally or on administrative appeal, the requesting party lnily 
I S 
file a verified petition for mandamus in the proper court, alleging the facts with certaln(" 
16 
and praying that judgment be rendered ordering the respondent, immediately or Ii 
17 
some other time to be specified by the court, to disclose the information and to pay !t,. 
18 
damages sustained by the requesting party by reason of the denial. The procedure 
19 
such petition shall be summary in nature; 
20 
21 
(4) In resolving a Complaint or Petition brought under the preceding paragraphs (2) am: 
22 
(3), the Ombudsman or the court is empowered to receive the information subject of i 
23 
claim of exception under Section 7 herein and examine them in camera to determln. 
24 
the sufficiency of the factual and legal basis of such claim, when such sufficiency canll(,' 
2S 
be reasonably determined through evidence and circumstances apart from tiiL 
26 
information, 
27 
28 
(B) In the Judicial Branch - The Judiciary shall be governed by such remedies 21: 
29 
promulgated by the Supreme Court, 
30 
31 
(C) The remedies under this section are without prejudice to any other administrative, 
,! 
32 
civil or criminal action covering the same act 
33 
34 
(D) The remedies available under this Act shall be exempt from the rules on non-
3S 
exhaustion of administrative remedies and the application of the provisions of Republic 
36 
Act No, 9285, otherwise known as the Alternative Dispute Resolution Act of 2004 
37 
38 
(E) In case the requesting party has limited or no financial capacity, the Public 


Attorney's Office shall be mandated to provide legal assistance to the requeslci 
2 
availing of the rernedies provided under this Act. 
3 
4 
SEC. 16. Keeping of Records. -
(A) Government agencies shall create and/or 
5 
maintain in appropriate formats, accurate and reasonably complete documentation or 
6 
records of their organization, policies, transactions, decisions, resolutions, enactments. 
7 
actions, procedures, operations, activities, communications and documents received or 
8 
filed with them and the data generated or collected. These shall include working files 
9 
such as drafts or notes, whenever these have been circulated within the agency for 
10 
official purpose such as for discussion, comment or approval or when these contain 
11 
unique information that can substantially contribute to a proper understanding of the 
12 
agency organization, policies, transactions, decisions, resolutions, enactments, actions. 
13 
procedures, operations, and activities; 
14 
15 
(8) Government agencies shall identify specific and classes of official records in their 
16 
custody or control that have continuing historical, administrative, informational, legal. 
17 
evidentiary, or research value for preservation by such agencies or their legitimate 
18 
successors, or for transfer to the National Archives of the Philippines. In addition, the 
19 
20 
National Archives of the Philippines shall likewise identify specific and classes of official 
, 
21 
records that it shall require agencies to preserve and transfer to it. 
22 
23 
(C) In addition to the specific and classes of official records identified for preservation 
24 
under letter (8) of this section, the following shall not be destroyed: 
25 
26 
(1) Records pertaining to loans obtained or guaranteed by the government; 
27 
(2) Records of government contracts; 
28 
(3) The declaration under oath of the assets, liabilities and net worth of public 
29 
officers and employees, as required by law; and 
30 
(4) Records of official investigations pertaining to allegations of graft and 
31 
corruption of public officers. 
32 
33 
(D) Government agencies shall prepare, following standards and period promulgated 
34 
pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act of 
35 
2007, a records management program that includes the following: 
36 
37 
(1) A records maintenance system for the creation, selection, classification, 
38 
indexing and filing of official records that facilitate the easy identification, retrieval 
1-1 


1 
and communication of information to the public; 
2 
2) A records maintenance, archival and disposition schedule providing a listing of 
3 
records under current use, for retention by the agency, for transfer to the National 
4 
Archives, or for destruction: Provided, That destruction of the official records may 
5 
be implemented only upon approval of the National Archives of the Philippines. 
6 
and 
7 
(3) A specifications of the roles and responsibilities of agency personnel in the 
8 
implementation of such system and schedule. 
9 
! 
10 
(E) In addition to its function as repository of all rules and regulations issued by 
11 
agencies as provided under Book VII, Chapter II of the Administrative Code of 1987, the 
12 
University of the Philippines Law Center shall, in coordination with the Office of the 
13 
President which has exclusive editorial and printing jurisdiction over the Official Gazette. 
14 
and with other relevant agencies, maintain a database, and publish the same in print In 
15 
the Official Gazette or in digital or online form, the following: 
16 
17 
(1) All laws of the Philippines and their amendments, from the period of the 
18 
Philippine Commission to the present; 
19 
(2) All presidential issuances from November 15, 1935 to the present, including 
20 
but not limited, to executive orders, presidential proclamations, administrative 
21 
orders, memorandum circulars, general orders, and other similar issuances; 
22 
(3) A database of all appointments and designations made by the President of 
23 
the Philippines; and 
24 
(4) Opinions of the Secretary of Justice. 
25 
26 
SEC. 17. Publication in the Official Gazette. For purposes of mandatory disclosure as 
27 
provided in section 8 of this Act, online publication in the Official Gazette website shall 
28 
be considered official publication provided there shall be a timestamp in the said 
29 
document. 
30 
31 
For purposes of compliance with Article 2 of the Civil Code of the Philippines, 
32 
publication of the following in the online version of the Official Gazette, with the 
33 
corresponding timestamps on the document, shall be considered as official publication. 
34 
35 
(A) All important legislative acts and resolutions of a public nature of the 
,! 
36 
Congress of the Philippines; 
37 
(B) All executive and administrative orders and proclamations of general 
38 
application; 


,! 
(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 sufficient 
3 
importance to be so published; 
4 
(E) Such documents or classes of documents as the President shall determine 
5 
from time to time to have general application or which he may authorize to be published 
6 
7 
However, other documents or classes of documents as may be required to be 
8 
published by law, such as petitions and/or legal notices in connection with land titles. 
9 
naturalization or special proceedings shall continue to be published in the print version 
10 
of the Official Gazette or in any newspaper of general circulation for purposes of 
II 
compliance with the publication requirement. 
12 
13 
SEC. 18. Administrative Liability. - The acts enumerated in this Section shall be 
14 
tantamount to grave administrative offenses and shall constitute grounds for 
15 
administrative and disciplinary sanction against any public official or employee who 
16 
willfully and knowingly commits the following: 
17 
18 
(a) Refusal to promptly forward the request under Section 11 of this Act to the public 
19 
officer within the same office or agency responsible for officially acting on the request 
20 
when such is the direct cause of the failure to disclose the information within the periods 
21 
required by this Act; 
22 
(b) Failure to act on the request within the periods required by this Act; 
23 
(c) Refusal to comply with the decision of his immediate supervisor, the Ombudsman, or 
24 
of any court ordering the release of information; 
,! 
25 
(d) Approval of policies, rules and regulations clearly contrary to the provisions of this 
26 
Act, and which policies, rules and regulations are the direct cause of the denial of a 
27 
request for information. 
28 
29 
SEC. 19. Criminal Liability. - (A) Any public official or employee who falsely denies or 
30 
conceals the existence of information which is a proper subject for disclosure under thiS 
31 
Act shall be liable for the crime of removal, concealment or destruction of documents as 
32 
defined under Article 226 of the Revised Penal Code. 
33 
(8) Any public official or employee who destroys, or causes to be destroyed. 
34 
information and/or documents being requested under this Act, for the purpose of 
35 
frustrating the requesting party's access thereto, shall be liable for the crime of removal. 
36 
concealment or destruction of documents as defined under Article 226 of the Revised 
37 
Penal Code. 
38 
(C) Any individual who knowingly directed, induced or caused the commission of the 


foregoing acts shall be liable as principal by inducement in the prosecution of public 
2 
officials or employees under this section. 
3 
(D) The penalty of arresto mayor shall be imposed upon any public officer or employee 
4 
responsible for officially acting on the request, who shall claim an exception under 
5 
Section 7 of this Act, or under the Constitution, when such claim is manifestly devoid of 
6 
factual basis. 
7 
8 
SEC. 20. No abuse in the exercise of rights and in the performance of duties 
9 
under this Act. - Public officials and employees, in the performance of their duties 
10 
under this Act, as well as citizens in the exercise of their rights under this Act, shall act 
11 
with justice, give everyone his or her due, and observe honesty and good faith. 
12 
13 
Public officials and employees as well as citizens shall endeavor to handle information 
,! 
14 
kept or obtained under this Act with due care, to the end that inaccuracies and 
15 
distortions are avoided. 
16 
17 
Any public official or employee, or citizen who, in the performance of duties or exercise 
18 
of rights under this Act, willfully or negligently causes loss, damage or injury to another. 
19 
in a manner that is contrary to law, morals, good customs or public policy, shall 
20 
compensate the latter for the damage incurred. This is without prejudice to other 
21 
remedies available to the aggrieved party under any other law for the same acts 
22 
23 
SEC. 21. Mere Denial in Good Faith Not a Ground for Liability. - A mere denial in 
24 
good faith of a request made pursuant to the provisions of this Act shall not constitute 
25 
grounds for administrative, civil or criminal liability. 
26 
27 
SEC. 22. Act Not a Bar to Claim of Right to Information Under the Constitution 
28 
No provision of this Act shall be interpreted as a bar to any claim of denial of the right to 
29 
information under Article III, Section 7 of the 1987 Constitution. 
30 
31 
SEC. 23. Appropriations. - The amount necessary to carry out the provisions of thiS 
32 
Act shall be charged against the agencies' current budget and shall thereafter be 
33 
included in the annual General Appropriations Act. 
34 
35 
SEC. 24. Separability Clause. -
If any section or part of this Act is held 
36 
unconstitutional or invalid, the other sections or provisions not otherwise affected shall 
37 
remain in full force and effect. 
,! 
17 


SEC. 25. Repealing Clause. -
All laws, decrees, executive orders, rules and 
2 
regulations, issuances or any part thereof inconsistent with the provisions of this Act. 
3 
including sections 18, 24 and 25 of Executive Order No. 292 in relation to Article 2 of 
4 
Republic Act No. 386, Memorandum Circular No. 78 dated 14 August 1964 
5 
(Promulgating Rules Governing Security of Classified Matter in Government Offices), as 
6 
amended, and Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 
7 
(Code of Conduct and Ethical Standards for Public Officials and Employees), are 
8 
deemed repealed. 
9 
10 
SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days after its publication In 
11 
at least two (2) national newspapers of general circulation. 
12 
13 
14 
Approved, 
IB