REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

7219

House Bill No.

Introduced by HON. KRISTINE ALEXIE B. TUTOR
Third District, Bohol

EXPLANATORY NOTE

“This is a time [COVID-19 pandemic] when, more than ever, governments need to be open
and transparent, responsive and accountable to the people they are seeking to protect.” -
UN Secretary-General Anténio Guterres

A citizen's right to official information is essential for democracy. Individuals with ready
access to public documents discern better, and are able to meaningfully exercise
sovereignty over their government.

No less than Article II, Sec. 28 of the 1987 Philippine Constitution affirms: “The right of
the people to information on matters of public concern shall be recognized. Access to
official records, and to documents, and papers pertaining to official acts, transactions, or
decisions, as well as 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 Constitution also underscores that government must operate with utmost
transparency and accountability. Article III, Sec. 7 of the Constitution declares: "Subject
to reasonable conditions prescribed by the law, the State adopts and implements a policy
of full public disclosure of all its transactions involving public interest.

The foregoing measure affirms these constitutional imperatives by establishing broad
guidelines and procedures that operationalize them. Without such framework, the rights
and obligations enshrined under the Constitution would be meaningless, allowing
government to operate under a shroud of secrecy and away from public scrutiny.

Hence, this bill narrows the opportunity for abuse and helps restore trust and confidence
in government. Anti-corruption statutes cannot be fully enforced if there are no
disclosure and information statutes.

In February 2020, UN Secretary-General Anténio Guterres launched his Call to Action
program to put human dignity and the promise of the Universal Declaration of Human Rights
at the core of the government's work in combating the COVID-19 pandemic.

The Freedom of expression organization ARTICLE 19 in May 2020 in its report, Ensuring
the Public's Right to Know in the COVID-19 Pandemic, has highlighted several threats to


governments’ obligations on access to information and public health under human rights
law. These include: ‘

+ Governments trying to limit criticism of poor decision-making or as a larger effort
to restrict human rights or hide corruption

+ Emergency legislation that limits access to information about the pandemic
and/or extends the deadlines by which governments have to respond

* Public access to information not being prioritised while public services are
reduced.

On 16 March 2020, the Presidential Communications Operations Office (PCCO), the
agency tasked to implement the Freedom on Information (FOI) program of the
government, issued Advisory No. 01 s. 2020 which suspends the period to respond to all
FOI request due to COVID-19. The advisory not only suspends the time to respond to the
request of the public but also limits the access to information regarding governance
information including legal and regulatory measures to address the COVID-19 pandemic
and data, analyses, and reports on the current and estimated economic impacts and
government measures to mitigate the impact of pandemic, among others. To prevent this
from happening in the future public health crisis or emergencies, this proposed measure
ensures continuity of government transactions and services even in unprecedented times
of crises such COVID-19 pandemic, calamities, other public health emergencies, civil
unrest and other emergency or crisis situation by mandating all public documents be
made available in digital format so that government officials and employees working
remotely shall continue to serve the Filipino people.

For the effective implementation of FOI program and all other FOI programs or initiatives
in the government, this bill mandates the Philippine Communications Operations Office
(PCO) to be the lead agency in implementing the provisions of the proposed legislative
measure.

This bill would significantly help our government better serve the needs of the people.
The passage of the FO! bill will signal the beginning of the realization of our quest for
good governance, transparency and accountability. Filipinos look forward to the day
when an open and accountable government serves them, their interests and common
aspirations.

Approval of this measure is therefore earnestly requested.

REP. pee ALEXIE B. TUTOR


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GRGNESweCavauaWwnNe

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

9
House Bill No. gag

Introduced by HON. KRISTINE ALEXIE B. TUTOR
Third District, Bohol

AN ACT
IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF
PUBLIC CONCERN AND STATE POLICIES OF FULL PUBLIC DISCLOSURE OF ALL ITS
TRANSACTIONS INVOLVING THE PUBLIC INTEREST AND HONESTY IN THE PUBLIC
SERVICE AND FOR OTHER PURPOSES

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

Section 1. Short Title. - This Act shall be known as the "People's Freedom of
Information Act of 2020."

Sec, 2, Declaration of Policy. - The State recognizes the right of the people to
information on matters of public concern and adopts and implements a policy of full
public disclosure of all its transactions involving public interest, subject to the procedures
and limitations provided by this Act. This right is meant to enhance the significant and
widening role of the citizenry in governmental decision-making as well as in checking
abuse in government. Public officials and employees, in the performance of their duties
under this Act, as well as citizens in the exercise of their rights under this Act, shall act
with justice, give everyone his or her due, and observe honesty and good faith.

Public officials and employees as well as citizens shall endeavor to handle
information kept or obtained under this Act with due care, to the end that inaccuracies
and distortions are avoided.

Itis hereby declared the policy of the state to ensure continuity of all government
transactions and services in unprecedented times of crises such as covid-19 pandemic,
calamities, other public health emergencies, civil unrest, and other emergency or crisis
situation.

Sec. 3. Definition of Terms. - As used in this Act:
(a) Information refers to any record, document, paper, report, letters, contract, minutes
and transcripts of official meetings, maps, books, photographs, data, research
material, film, sound and video recordings, magnetic or other tapes, electronic
data, computer stored data, or any other like or similar data or material recorded,
stored or archived in whatever form or format, which are made, received or kept

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in or under the control and custody of any government agency pursuant to law,
executive order, rules and regulations, ordinance or in connection with the
performance or transaction of official business by any government agency.

(b) Official record/records refer to information produced or received by a public officer
or employee, or by a government agency in an official capacity or pursuant to a
public function or duty, regardless of whether the information is in the draft, final
or any other stage or status.

(©) Public record/records refer to information required by law, executive orders, rules,
or regulations to be entered, kept and made publicly available by a government
agency.

Sec. 4. Coverage. - This Act shall cover all government agencies, Government
agency or agencies shall include the executive, legislative and judicial branches as well
as constitutional bodies of the Republic of the Philippines including but not limited to the
national government and all its agencies, departments, bureaus, offices and
instrumentalities, constitutional commissions and constitutionally mandated bodies,
local governments and all their agencies, regulatory agencies, chartered institutions,
government-owned or controlled corporations, including wholly-owned or controlled
subsidiaries, government financial institutions, state universities and colleges, the
Armed Forces of the Philippines, the Philippine National Police, all offices in the Congress
of the Philippines including the offices of Senators and Representatives, the Supreme
Court and all lower courts established by law.

Public service contractors or any other entity shall make their records available to
the public insofar as they are related to any contract or transactions that they have with
the government or government agencies: Provided, That such contracts or transactions
are of the highest public interest by reason of the amounts involved and the impact of the
transaction to the public.

Sec. 5. Access to Information. - Every Filipino citizen has a right to and shall, on
request, be given access to any record under the control of a government agency
regardless of the physical form or format in which they are contained subject only to the
exceptions enumerated in Section 7 of this Act.

Sec. 6. Presumption. - There shall be a legal presumption in favor of access to
information. No request for information shall be denied unless it clearly falls under the
exceptions provided under this Act.

Sec. 7. Exceptions. - Access to information shall be granted unless:
(a) The information is specifically authorized to be kept secret under guidelines
established by an Executive Order, and in fact properly classified pursuant
thereto: Provided, That
(1) The information directly relates to national security or defense and its
revelation may cause serious damage to the national security or internal and
external defense of the State; or

(2) The information requested pertains to the foreign affairs of the Republic of the
Philippines, when its revelation shall unduly weaken the negotiating position
of the government in an ongoing bilateral or multilateral negotiation or
seriously jeopardize the diplomatic relations of tile Philippines with any state:

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(e)

Provided, further, That the Executive Order shall specify the reasonable period
after which the information shall be automatically declassified or subject to
mandatory declassification review, and that any reasonable doubt as to
classification and declassification shall be settled in favor of the right to
information;

The information consist of records of minutes, advice given or opinions expressed

during decision-making or policy formulation, invoked by the Chief Executive to

be privileged by reason of the, sensitivity of the subject matter or by reason of the

impairment of the Chief Executive's deliberative process that would result from

the disclosure thereof. Once policy has been formulated and decisions made,

minutes and research data may be made available for disclosure unless they were

made in executive session;

The information requested pertains to internal and/or external defense, law

enforcement, and border control, when the disclosure thereof may:

(1) Compromise or interfere with any legitimate military or law enforcement
operation, or

(2) Compromise or interfere with the legitimate prevention, detection or
suppression of criminal activity, or the legitimate implementation of
immigration controls and border security, or

(3) 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 information on a confidential basis, and, in the case of a record or
information compiled by a law enforcement authority in the course of an
investigation or by an agency conducting a lawful national security intelligence
investigation, information furnished by a confidential source, or

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

(5) Endanger the life or physical safety of any individual, or

(6) Deprive a person ofa right to a fair trial and impartial adjudication.

The information requested consists of drafts of orders, resolutions, decisions,

memoranda or audit reports by any executive, administrative, regulatory,

constitutional, judicial or quasi-judicial body in the exercise of their regulatory,

audit and adjudicatory function;

The information requested is obtained by either House of Congress, or any

Committee thereof, in executive session;

The information requested pertains to the personal information of a natural

person other than the requesting party, and its disclosure would constitute an

unwarranted invasion of his or her personal privacy, unless it forms part of a

public record, or the person is or was an official of a government agency and the

information relates to his other public function or the person has consented, in

writing, to the disclosure of the information;

The information requested pertains to trade secrets and commercial or financial

information obtained from a natural or juridical person other than the requesting

party, obtained in confidence or covered by privileged communication, and/or

filed with a government agency, whenever the revelation thereof would prejudice

the interests of such natural or juridical person in trade, industrial, financial or

commercial competition;


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The information is classified as privileged communications in legal proceedings
bylaw or by the Rules of Court;

The information requested is exempted from disclosure by law or by the
Constitution, in addition to those provided in this Section;

The information is of a nature that its premature disclosure would: (1) in the case
of an agency that regulates or deals with currencies, interest rates, securities,
commodities, or financial institutions, be likely to lead speculations in currencies,
interest rates, securities, or commodities market; or (2) in the case of other
agencies, be likely to frustrate the effective implementation of a proposed official
action: Provided, That the information shall be disclosed once the
abovementioned dangers have ceased; or

The information has already been made accessible as provided in Section 16 of
this Act.

For paragraphs (c) to (k) of this Section, the determination whether any of these

grounds shall apply shall be the responsibility of the head of office of the government
agency in custody or control of the information, or any responsible central or field officers
duly designated by him: Provided, That:

(a)

(4) The exceptions are strictly construed;

(2) The exceptions are not used to cover-up a crime, wrong-doing, graft, or
corruption;

(3) 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;

(4) The exceptions do not constitute authority to withhold information from
Congress, nor authority for the executive branch of a local government unit to
withhold information from the legislative body of such local government unit;

(5) Whenever the information requested is part of a record, whose other parts are
covered by an exception, but may be reasonably severed from a record, the
responding official shall communicate the information not covered by the
exception to the requester; and;

(6) The exceptions set forth in this Section may be overcome if the requester is
able to prove before the Ombudsman or a court of competent jurisdiction that
the public interest in the disclosure of information outweighs the public
interest in keeping the information secret or confidential.

Sec. 8. Mandatory Disclosure of Information. ~

In fulfillment of Article XI, Section 17 of the Constitution, the following national

officials shall disclose to the public their Statement of Assets, Liabilities, and Net

Worth (SALN) on an annual basis in their official website:

1. President;

. Vice-President;

. Members of the Cabinet;

Members of Congress;

. Justices of Supreme Court;

. Members of Constitutional Commissions and other constitutional offices,

. 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, which
shall be updated monthly, a register of the following public interest transactions,
documents or records, including:

. Annual Budget of Government Agencies;

. Itemized Monthly Collections and Disbursement;

. Summary of Income and Expenditures;

Component of the Internal Revenue Allotment (IRA) Utilization;

Annual Procurement Plan and Procurement List;

‘An updated plantilla of positions and vacant positions with qualifications/

requirements in their organizations that need to be filled-up;

. Items to Bid;

. Bid Results on Civil Works, and Goods and Services;

. Abstract of Bids as Calculated;

10. Procurement contracts entered into by’ a government agency;

11.Construction or concession agreements or contracts entered into by a
government agency with any domestic or foreign person or entity;

12. 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;

13. Public funding extended to any private entity;

14. Bilateral or multilateral agreements and treaties in trade, economic
partnership, investments, cooperation and similar binding commitments;

15. 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;

16.Guarantees given by any government agency to government-owned or -
controlled corporations and to private corporations, persons or entities;

17. Loans from domestic and foreign financial institutions;

18.Loans, grants, development assistance, technical assistance, and programs
entered into by a government agency with official bilateral or multilateral
agencies, as well as with private aid agencies or institutions; and

19.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 not limited to: the nature and object of the transaction, the parties and amounts
involved, the key steps undertaken towards its conclusion, and the relevant dates:
Provided, That contracts and agreements involving an amount of at least Fifty Million
Pesos (P50,000,000.00) shall be uploaded in full on the website of the concerned
government agency or the Official Gazette online. A covered record shall be enrolled in
the register not later than thirty (30) working days from its perfection or issuance.

Sec. 9. Openness and Transparency in Government Agencies. - Each
government agency shall regularly publish, print and disseminate at no cost to the public
and in an accessible form, consistent with the provisions of Republic Act No. 9485, or the
Anti-Red Tape Act of 2007, and through their website, timely, time, accurate and updated
key information including, but not limited to:


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A description of its mandate, structure, powers, functions, duties and decision-
making processes;

A description of the frontline services it delivers and the procedure and length of
time by which they may be availed of;

The names of its key officials, their powers, functions and responsibil
their profiles and curriculum vitae;

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

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;

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;

Current and important database and statistics that it generates;

Bidding processes and requirements; and

ies, and

(10) Mechanisms or procedures by which the public may participate in or otherwise

influence the formulation of policy or the exercise of its powers

All government agencies shall over time endeavor and build the capacity and practice
to upload in full all other contracts, agreements, or treaties covered under this Section, in
particular those that are of the highest public interest by reason of the amounts involved
and the impact of the transaction to the public.

Sec. 10. Protection of Privacy. - While providing for access to information in

public records, this Act also affords full protection of the right to privacy of individuals,
as follows:

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

A government agency must protect personal: information in its custody or under
its control by making reasonable security arrangements against such risks as
unauthorized access, collection, use, disclosure, or disposal; and

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

Sec. 11. Freedom of Information Manual. -

For the effective implementation of this Act, all government agencies shall prepare

a Freedom of Information (FOI) Manual, indicating the following:

1. The location and contact information of the head, regional, provincial and field
offices, and other established places where the public can obtain government
information or submit requests;

.. The types of information it generates, produces, holds and/or publishes;

. A description of its record-keeping system;

. The person or office responsible for receiving requests for information;

. The procedure for the filing of requests personally, by mail, or through the
identified electronic means;

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6. The standard forms for the submission of request and for the proper
acknowledgment 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;

9. The schedule of fees;

10, The process and procedure for the mandatory disclosure of information under
Section 8 of this Act: Provided, That, should the agency lack the capacity to fully
comply therewith, a brief description of its plan to facilitate compliance within
three (3) years from the approval of this Act; and

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

The foregoing information shall also be posted in its website and bulletin boards,

and shall be regularly updated;

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.

The heads of each of the departments and agencies may designate liaison units or

Committees who shall coordinate with the other units of the agency in

implementing this Act. The composition, functions and duties of these liaison units

or Committees shall be included in the FOI Manual.

Sec. 12. Procedure of Access. -

Any person who wishes to obtain information shall submit, free of charge, a
request to the government agency concerned personally, by mail, or through
electronic means. A person who is unable, because of illiteracy or due to being a
person with disability, to make a written request for information may make an
oral request, and the public official who receives the oral request shall reduce it to
writing, and include his name and position within the government agency, and
give a copy thereof to the person who made the request. The request shall state
the name and preferred contact information of the requesting party, and
reasonably describe the information required, the reason for the request of the
information and the preferred means by which the government agency shall
communicate such information to the requesting party: Provided, That the stated
reason shall not be used as a ground to deny the request or to refuse the
acceptance of the request, unless such reason is contrary to law. If the request is
submitted personally, the requesting party shall show their current identification
card issued by any government agency, or government or private employer or
school, or a community tax certificate]. If the request is submitted by mail or
through electronic means, the requesting party may submit a photo static or
electronically scanned copy of the identification, or other convenient means as
determined by the agency.

The public official receiving the request shall provide reasonable assistance, free
of charge, to enable all requesters and particularly those with special needs, to
comply with the request requirements under this Section.

‘The request shall be stamped by the government agency, indicating the date and
time of receipt and the name, rank, title and position of the receiving public officer
or employee with the corresponding signature, and a copy thereof furnished to

7


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the requesting party. In case the request is submitted by electronic means, the
government agency shall provide for an equivalent means by which the
requirements of this paragraph shall be met. Each government agency shall
establish a system to trace the status of all requests for information received by it.

(a) The request may indicate the requesting party's preferred mode and means of
receiving the information requested: Provided, That the mode and means are
reasonable, taking into consideration equipment normally available to the
concerned government agency.

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

(f) The governmentagency shall comply with such request as soon as practicable, and
in any case within fifteen (15) working days from the receipt thereof even in
unprecedented times of crises such as covid-19 pandemic, calamities, other public
health emergencies, civil unrest, and other emergency or crisis situation. The
period may be extended whenever the information requested requires a search of
the government agency's field or satellite offices, examination of voluminous
records, the occurrence of fortuitous events or other analogous cases.

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

(h) Once a decision is made to grant the request, the person making the request shall
be notified of such and shall pay the required access and processing fees. If the
information is not held by the government agency to which the request was made,
it shall notify the requester that it does not hold the information, and indicate to
the requester which agency holds the record, if known. Whenever practicable, the
agency receiving the request may also cause the transfer of the request to the
appropriate agency that holds the information: Provided, That the period to
comply with the request under this Section shall begin to run only upon the receipt
of the agency to which the request is transferred.

Sec. 13. Digitization of all public documents. - All public documents shall be
made available in digital format.

Sec. 14. Access and Processing Fees. - Government agencies may charge a
reasonable fee to reimburse the actual cost of reproduction, copying or transcription and
the communication of the information requested. An agency may waive the fees
whenever it is satisfied that the requester is an indigent, or that the cost of reproduction
is negligible, or that it is pursuant to a program for proactive disclosure.

Sec. 15. Exemption from Compliance. - The government agency is excused from
complying with a subsequent identical or substantially similar request from the same
requesting party where it has previously complied with a request for information unless
a reasonable interval has lapsed between compliance with the previous request and the
making of the current request: Provided, That the government agency complies with
Section 16 of this Act.


Sec. 16. Notice of Denial. - If the government agency decides to deny the request,

in whole or in part, it shall, as soon as practicable, and in any case within fifteen (15)
calendar 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 clearly set forth the
ground or grounds for den ial and the circumstances on which the denial is based, and
indicate available rights of reconsideration or appeal. Failure to notify the person making
the request of the denial, or of the extension, shall be deemed a denial of the request for
access to information.

(a)

(b)

(qd)
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Sec. 17. Remedies in Cases of Denial of Request for Information. -

Inall government agencies other than the judicial branch:

i. Every denial of any request for access to information may be appealed to the
person or office next higher in authority of the same agency, following the
procedure mentioned in Section 11 (a) (8) of this Act: Provided, That the
written appeal must be filed by the same person making the request within
fifteen (15) calendar days from the notice of denial. The appeal shall be
decided by the person or office next higher in authority of the same agency
within five (5) working days from filing of said written appeal. Failure of the
government agency to decide within the aforestated period shall constitute
denial of the appeal.

ii. Upon denial of the appeal with the government agency, the requesting party
may file a verified petition for mandamus in the proper court, alleging the facts
with certainty and praying that judgment be rendered ordering the
respondent, immediately or at some other time to be specified by the court, to
disclose the requested information. Any action for administrative and/or
criminal liability arising from the same act or omission, if any, shall be filed
with the Office of the Ombudsman. No damages shall be assessed against the
respondent unless it is proven that the respondent acted with malice, bad faith
or negligence. The procedure for such petition shall be summary in nature. The
court hearing the case is empowered to receive the information subject of a
claim of exception under Section 7 herein and examine then in camera to
determine the sufficiency of the factual and legal basis of such claim, when
such sufficiency cannot be reasonably determined through evidence and
circumstances apart from the information.

In the Judicial Branch, the judiciary shall be governed by such remedies as

promulgated by the Supreme Court.

‘The remedies provided in this Section are without prejudice to any other

administrative, civil or criminal action covering the same act.

The remedies available under this Act shall be cumulative and subject to the rule

of exhaustion of administrative remedies.

The provisions of Republic Act No. 9285, otherwise known as the Alternative

Dispute Resolution Act of 2004, shall not apply to cases filed pursuant to this

Section.

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 requester in

availing of the remedies provided under this Act.


(a)

(b)

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(d)

(2)

Sec. 18. Keeping of Records. -
Government agencies shall create and/or maintain in appropriate formats,
accurate and reasonably complete documentation or records of their
organization, policies, transactions, decisions, resolutions, enactments, actions,
procedures, operations, activities, communications and documents received or
filed with them and the data generated or collected. These shall include working
files such as drafts or notes, whenever these have been circulated within the
agency for official purpose such as for discussion, comment or approval or when
these contain unique information that can substantially contribute to a proper
understanding of the agency organization, policies, transactions, decisions,
resolutions, enactments, actions, procedures, operations, and activities;
Government agencies shall identify specific and classes of official records in their
custody or control that have continuing historical, administrative, informational,
legal, evidentiary, or research value for preservation by such agencies or their
legitimate successors, or for transfer to the National Archives of the Philippines.
Inaddition, the National Archives of the Philippines shall likewise identify specific
and classes of official records that it shall require agencies to preserve and
transfer to it.

In addition to the specific and classes of official records identified for preservation

under letter (b) of this Section, the following shall not be destroyed:

1. Records pertaining to loans obtained or guaranteed by the government;

2. Records of government contracts;

3. The declaration under oath of the assets, liabilities and net worth of public
officers and employees, as required by law; and

4. Records of official investigations pertaining to allegations of graft and
corruption of public officers.

Government agencies shall prepare, following standards and period promulgated

pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act

of 2007, records management program that includes the following:

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

2. Arecords maintenance, archival and disposition schedule providing a listing
of records under current use, for retention by the agency, for transfer to the
National Archives, as for destruction: Provided, That destruction of the official
records may be implemented only upon approval of the National Archives of
the Philippines; and

3. A specification of the roles and responsibilities of agency personnel in the
implementation of such system and schedule.

In addition to its function as repository of all rules and regulations issued by

agencies as provided under Book VII, Chapter II of the Administrative Code of

1987, the University of the Philippines Law Center shall, in coordination with the

Office of the President which has exclusive editorial and printing jurisdiction over

the Official Gazette, and with other relevant agencies, maintain a database, and

publish the same in print in the Official Gazette or in digital or online from, the
following:

1, All laws of the Philippines and their amendments, from the period of the
Philippine Commission to the present;

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WCOVauaAWNe

2. All presidential issuances from November 15, 1935 to the present, including
but not limited, to executive orders, presidential proclamations,
administrative orders, memorandum circulars, general orders, and other
similar issuances;

3. A database of all appointments and designations made by the President of the
Philippines; and

4, Opinions of the Secretary of Justice.

Sec. 19. Publication in the Official Gazette. - For purposes of mandatory
disclosure as provided in Section 8 of this Act, online publication in the Official Gazette
website shall be considered official publication provided there shall be a timestamp in
the said document.

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

(a) Allimportant legislative acts and resolutions of a public nature of the Congress of
the Philippines;

(b) All executive and administrative orders and proclamations of general application;

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

(d) Such documents or classes of documents as the President shall determine from
time to time to have general application or which he may authorize to be
published. However, other documents or classes of documents as may be required
to be published by law, such as petitions and/or legal notices in connection with
land titles, naturalization or special proceedings shall continue to be published in
the print version of the Official Gazette or in any newspaper of general circulation
for purposes of compliance with the publication requirement.

Sec. 20. Capacity-Building, Promotion of Best Practices and Continuous
Updating of Appropriate Information Technology and FOI. - All government agencies
must ensure that they have a compliant website within two (2) years from the date of
effectivity of this Act. The National Computer Center (NCC) shall monitor all government
agency websites and render the appropriate support including capacity-building
program and coordination with another appropriate agency, utilizing alternative
mechanism and seeking the assistance of private relevant and willing volunteer groups
to ensure full compliance with the requirements of this Act.

Inthe performance of its monitoring function of government websites and portals,
the NCC shall endeavor to continuously develop, improve and update its information
technology system taking into consideration usability and practical accessibility of
government documents by the public.

Every government agency shall ensure the provision of adequate training for its
officials to improve awareness of the people's right to information and the provisions of
this Act, and to keep updated as to best practices in relation to information disclosure,
records maintenance and archiving.

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Sec. 21. Use of Plain Language. - Every government agency shall endeavor to use

plain language in their communications orders, compliance, requirements or instructions
issued to implement the provisions of this Act. The government agencies shall translate
key information into major Filipino languages and present them in popular form and
means.

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To carry out the provision of this Act, the Civil Service Commission (CSC) is
designated to issue guidelines on the use of plain language to suit the needs of the
requesting party;

‘The CSC shall provide the necessary training to employees of each government
agency in using plain language in public documents;

All departments, agencies and instrumentalities of the national government,
including government-owned or controlled corporations, local government units
and state colleges and universities shall designate an official responsible for
implementing the plain language; and

Website contents, including, but not limited to financial data, notices and other
technical and legal documents, of government agencies must also be written in
plain language to ensure that the information are easy to read, understand and
use.

Sec. 22. Administrative Offenses and Penalties. -

The acts enumerated in this sub-section shall be tantamount to grave

administrative offenses and shall constitute grounds for administrative and

disciplinary sanction against any public official or employee who willfully and
knowingly commits the following:

1, Refusal to promptly forward the request under Section 12 of this Act to the
public officer within the same office or agency responsible for officially acting
on the request when such is the direct cause of the failure to disclose the
information within the periods required by this Act;

2. Failure to act on the request within the periods required by this Act;

3. Refusal to comply with the decision of his OR HER immediate supervisor, the
Ombudsman, or of any court ordering the release of information;

4, Approval of policies, rules and regulations clearly contrary to the provisions of
this Act, and which policies, rules and regulations are the direct cause of the
denial of a request for information.

The preceding subsection does not bar filing of appropriate administrative cases

other than those grave offenses enumerated above.

Sec. 23. Criminal Offenses and Penalties. - The penalty of imprisonment of not

less than one (1) month but not more than six (6) months and a fine ranging from Ten
Thousand Pesos (P10,000.00) to One Hundred Thousand Pesos (P100,000.00) shall be
imposed upon:

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Any public official or employee who falsely denies or conceals the existence of
information that is a proper subject for disclosure under this Act.

Any public official or employee who destroys, or causes to be destroyed,
information and/or documents being requested under this Act, for the purpose of
frustrating the requesting party's access thereto.

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 officials or employees under this section.

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(a) Any public officer or employee responsible for officially acting on the request, who
shall claim an exception under Section 7 of this Act, or under the Constitution,
when such claim is manifestly devoid of factual basis.

(e) Any public officer or employee who divulged or released information covered
under Section 7 of this Act.

() Any public officer or employee who divulged or released information that is
altered, tampered or modified to the extent that the released information
materially differs from the original contents of the document: Provided, That
altering or modifying a document for the purpose of severing an exempt
information from non-exempt information in a single document shall not be
punishable under this subsection.

If the violation committed in this Act is induced and assisted by a private
individual or a corporation, partnership or any kind of judicial entity, the penalty
provided herein shall be imposed on its executive officer and/or other officials
responsible therefor: Provided, That they shall suffer, in addition to the penalties
provided herein, the automatic revocation of their license to operate.

Sec. 24. Mere Denial in Good Faith Not a Ground for Liability. - A mere denial
in good faith of a request made pursuant to the provisions of this Act shall not constitute
grounds for administrative, civil or criminal liability.

Sec. 25. Act Not a Bar to Claim of Right to Information Under the Constitution.
- No provision of this Act shall be interpreted as a bar to any claim of the right to
information under Article III, Section 7 of the 1987 Constitution.

Sec. 26. Integration of Freedom of Information (FOI) and Good Governance in
Elementary and Secondary Curriculum. - To ensure well-informed generations of
citizens, the right to information, the principles of accountability and transparency,
democracy and leadership, and good governance shall be integrated in such subjects as
Heyograpiya, Kasaysayan at Sibika (HEKASI) and Araling Panlipunan in the elementary
level and in such subjects as Social Studies and Makabayan or its equivalent subjects in
high school level. The Department of Education in coordination with the CSC and other
relevant offices shall prepare the necessary modules and teaching programs consistent
with the objectives of this Act.

Sec. 27. Reports on FOI. - All government agencies shall be required to submit
annual reports on the number of requests for information received and processed, of
appeals made from the denial thereof, and such other information as provided in this Act.
The said report may be integrated in the agencies’ main Annual Report and its posting
and publication in their respective websites shall be considered as sufficient compliance.

Sec. 28. System of Incentives and Rewards. - A system of special incentives and
rewards is hereby established to be given to appropriate government agency or agencies
that initiated and displayed compliance and full participation in the meaningful
implementation of this Act. The incentives and rewards may include but not limited to
social projects, grants-in-aid, national recognition, and similar entitlements,

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Sec. 29. Role of PCOO. - The Presidential Communications Operations Office
(PCOO) shall be the lead agency in the implementation of this act across all government
agencies. As the lead agency, the PCOO shall:

(a) oversee implementation of all FOI and e-FOI programs for all government

agencies and monitor compliance therewith;

(b) develop programs and mechanisms to enhance the capacity of government

agencies to comply with FOI programs; and

(©) conduct and facilitate the necessary capacity and institutional building

programs for all concerned government agencies and instrumentalities.

Sec. 30. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be charged against the agencies’ current budget and shall thereafter be
included in the annual General Appropriations Act.

Sec. 31. Implementing Guidelines. - The PCOO, CSC, DEPED and NCC shall issue
the guidelines necessary to implement specific provisions of this act.

Sec. 32. Separability Clause. - \f any Section or part of this Act is held
unconstitutional or invalid, the other Sections or provisions not otherwise affected: shall
remain in full force and effect.

Sec. 33. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of this Act,
including Sections 18, 24 and 25 of Executive Order No. 292 in relation to Article 2 of
Republic Act No. 386, Memorandum Circular No. 78 dated 14 August 1964 (Promulgating
Rules Governing Security of Classified Matter in Government Offices), as amended, and
Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of Conduct and
Ethical Standards for Public Officials and Employees), are deemed repealed: Provided,
‘That Memorandum Circular No. 78 shall be deemed repealed after one (I) year from the
effectivity of this Act or upon issuance of the Executive Order in Section 7(a) whichever
comes first.

Sec. 34. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any two (2) newspapers of general circulation in
the Philippines.

Approved,

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