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SIXTEENTH CONGRESS OF THE 
) 
'13 
JUL 17 
REPUBLIC OF' THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
SENATE; BTLL NO. 
837 
INTRODUCED BY SENATOR .JOSEPH VICTOR G. EJERCITO 
EXPLANATORY NOTE 
Access to food is a fundElmental human right. It is therefore the 
government's responsibility to ensure an adequate food supply for the 
people at affordable costs. Years ago, the country experienced a 
shortage of rice yet the Executive has not admitted the crisis and 
failed to make a clear statement as to the true state of demand and 
supply for rice or for other basic commodities. 
In order to reinforce and guarantee the right of the people to 
affordable food and adequate food supply, the government must be 
transparent 
in 
all 
its 
transactions 
involving 
food 
and 
basic 
commodities. This information is necessary in taking necessary 
actions, whether families budgeting their daily expenses, law enforcers 
running after hoarders and price colluders, private enterprises in 
planning for the medium-term, or national agencies and local 
governments directing their efforts to solve impending supply 
problems. 
This bill seeks to adopt and implement a policy of full public 
disclosure of all government transactions involving food and basic 
commodities, consistent with the Constitutional right of the people to 
information on all matters of public concern, by requiring all 
government bodies, speCifically, but not limited to, the Department of 
Agriculture and Department of Trade and Industry, to grant written 
requests for information on food and food supply, and prescribinq the 
penalty in tile event of violations thereof. The bill also requires the 
Department of Agriculture to publish all relevant information on the 
importation of basic food commodities, such as rice and corn, as well 
as to maintain records and a database containing said information. 
In view of the foregoing, the immediate enactment of this 
... 
measure is earnestly sought 
... 
JOSEPH VICTOR G. EJERCITO 


SIXTEENTH CONGRESS OF THE 
) 
REPUB1[C OF' TIlE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
SENATE BILL NO. 
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INTRODUCED BY SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT 
MANDATING THE GOVERNMENT TO PROVIDE ACCESS 
TO INFORMATION ON 
FOOD AND 
OTHER BASIC 
COMMODITIES TO GUARANTEE THE I1tIGHT Of THE 
PEOPLE TO AffORDABLE fOOD AND ADEQUATE FOOD 
SUPPLY, PRESCRIBING GUIDELINES THEREFOR, AND 
FOR OTHER PURPOSES 
Be it" enacted by the Senate and tile House of Representatives in 
Congress assembled: 
SECTION 1. Short TWeo This Act shall be known as the 
"Affordable Food Transparency Ad'," 
SECTION 2.. Declaration of Policy. The State recognizes as a 
matter of policy the fundamental right of the people to an affordable 
food and food supply. The State therefore recognizes its obligation to 
the people to ensure adequate supply of food and other basic 
commodities, as well as to ensure transparency in all its transactions 
relative thereto, and to prevent any and all forms of collusion and 
cartel tllat would restrict tile people's access to affordable food and 
adequate food supply. In order to reinforce the right of the people to 
affordable food and food supply, the State shall adopt and implement 
a policy of full public disclosure of all government transactions 
involving 
food 
and 
basic 
commodities, 
consistent 
with 
the 
Constitutional right of tile people to information on all matters of 
public concern. 
To 
guarantee the 
people's 
fundamental 
Iluman 
right to 
affordable food and food Supply, the State shall afford to citizens, non-
government organizations (NGO), civil society groups, and otller 
private entities access to official records, and to documents and papers 
pertaining to official acts, trClnsactions or decisions, as well as to 


government research data used as basis for policy development, 
except for such information which may jeopardize the right against 
self-incrimination of individuals and matters affecting national security, 
especially those information dealing with foreign diplomatic relations. 
SECTION 3. Definition of Terms. 
(a) "Basic commodities" for purposes of this Act includes: 
rice; corn; bread; fresh, dried and canned fish and other marine 
products, fresh pork, beef and poultry meal; fresh eggs; fresh and 
processed milk; fresh vegetables; root crops; coffee; sugar; instant 
noodles; salt; 
(b) "Government body" shall mean any Executive, specifically, 
but not limited to, the Department of Agriculture (DA) and Department 
of Trade and Industry (DT!), Legislative, Judicial or Constitutional body 
of the Government of the Republic of the Philippines, including local 
government units, the Armed Forces of the Philippines and the 
Philippine 
National Police, government financial 
institutions and 
government-owned and controlled corporations, whether created by its 
own charter or by registration with the Securities and Exchange 
Commission (SEC), and all such other entities wh€!re the government 
has substantial interest in. 
(c) "Information" shall mean all documents, papers, letters, 
minutes 
and 
transcripts 
of 
official 
meetings, 
maps, 
books, 
photographs, films, sound and video recordings, magnetic or other 
tapes, electronic data processing records, computer stored data, 
electronic mail messages, or any other like or similar data or material, 
recorded, stored or archived in whatever form or format, which are 
made, received or kept in or under the control and custody of any 
government body pursuant to law, executive order, rules and 
regulation, ordinance or in connection with the performance or 
transaction of official business by any government body. 
(d) "Requesting person" shall mean a natural person, whether 
on his own or as a representative of another natural person or a 
juridical person, who makes a request to obtain, have a copy of or 
have access to information from any government body as defined in 
this Section. 
(e) "Trade secret" shall mean any information, including a 
formula, pattern, compilation, program, device, product, method, 
technique or process, that is used, or may be used, in business or for 
any commercial advantage; derives independent economic value, 
actual or potential, from not being generally known to the public or to 
persons who can obtain economic value from its disclosure or use; is 
the subject of reasonable efforts to prevent it from becoming generally 


known, and the disclosure of which would result in harm or improper 
benefit. 
SECTION 4. Publication of Importation Permit's. In the spirit 
of transparency and accountability, the Department of Agriculture shall 
cause the publication of the following information on all basic 
commodities, especially rice, corn, and sugar importation permits that 
it has granted: 
(a) Name and address of importer, either as a natural or juridical 
entity; 
(b) Name and address of supplier from whom importation is 
sourced; 
(c) Country of origin of the import per shipment; 
(d) Date of contract of import; 
(e) Date of arrival of import per shipment; 
(f) Schedule, cargo or vessel, and maximum tonnage per 
shipment; 
(g) Contracted and actual volume of import per shipment; 
(h) Specification of import per shipment: 
(i) Contracted price of import per shipment; 
(j) Value or cost of import per volume and for each source; 
(k) Mode of purchase of import per shipment; 
(I) Drop-off points or POlts per shipment shipment; and 
(m) Such other information that may be necessary to ensure a 
complete and proper inventory of imported rice and corn. 
The Department of Agriculture shall also prepare, keep and 
maintain records and a database containing the above-enumerated 
information, which shall be made readily available tD the public. 
SECTION 5. Coverage and Limitations. All information, as 
herein defined, which are in the custody or under the control of a 
government body shall be made accessible and available for public 
scrutiny, copying and reproduction, except when: 
(a) The inforrnation pertains to personal information on a third 
party natural person, but only when its revelation would constitute a 
violation of an individual's right against self-incrimination, including, 
but not limited to, records or information subject to attorney-client or 
doctor-patient relationship; 
(b) The information has been specifically authorized to be kept 
secret or considered classified in the interest of national security by 
the President through an Executive Order duly published in the Official 
Gazette and in at least two (2) newspapers of general Circulation, 
subject to the following provisions: 


= 
(i) The Supreme Court may, upon complaint by any 
citizen, inquire into the sufficiency of tile factual basis for 
the President's determination; 
(ii) Such information shall be reviewed every five (5) years 
by the head of the appropriate agency concerned for 
purposes of declassification and making available to the 
public; and 
(iii) Such information shall finally be deemed declassified 
and open to the public after a period of fifteen (15) years 
from the date of publication of the said Executive Oreler in 
the Official Gazette or in 
a newspaper of general 
circulation, whichever was first. 
(c) The information is maintained by law enforcement agencies 
for criminal law enforcement, or, relates to the detection and 
investigation of crime, including those maintained on any individual or 
compiled in the course of a criminal investigation by any law 
enforcement agency: Provided that the disclosure of such public record 
or information: 
(i) Could reasonably be expected to interfere Witll the 
prevention, detection, suppression, or investigation of any 
criminal activity or with law enforcement operations; 
(ii) Would deprive a person of a right to a fair trial or an 
impartial adjudication; 
(iii) Could reasonably be 
expected to constitute an 
unwarranted invasion of personal privacy; 
(vi) Could reasonably be expected to disclose the identity 
of a confidential source, including a foreign agency or 
authority, or any private institution, which furnished 
information on a confidential basis, or the information 
furnished by a confidential source; 
(v) Would disclose techniques and procedures for law 
enforcement investigations or prosecutions, or would 
disclose guidelines for law enforcement investigations or 
prosecutions; 
(vi) Could reasonably be expected to endanger the life or 
physical safety of any individual, harm the security of any 
property or system, including a building; or 
(vii) Could harm the security of any property or system, 
including, but not limited to, a buildingl, vehicle, computer 


or communications system: 
Provided, 
however, 
that 
records or information relating to the administration, 
manClgement and direction of a law enforcement agency 
shall be public. 
(d) The information is maintained by the Department of Foreign 
Affairs and other relevant government bodies on another sovereign 
state, and the disclosure of such records or information could 
reasonably be expected to jeopardize the diplomCltic relCltions of the 
Government of the r~epublic of the Philippines with the said sovereiqn 
state: Provided, that treaties, trade agreements, contracts between 
agencies and/or government-owned and controlled corporations, and 
implementing agreements, annexes, side letters and other such 
documents and records pertaining to or related to the same, and any 
other documents pertaining to dealings entered 
into by, 
the 
Government of the Republic of the Philippines with another sovereign 
State and binds the Government to uphold such transactions under 
international and local law, shall not be covered by this exception; 
(e) The information pertains to trade secrets and commercial or 
financial information obtained from a person, finn, or corporation 
which is of a privileged or confidential nature; or 
(f) The information is exempted from disclosure by another law 
or by the Rules of Court, including, but not limited to, information 
considered 
as 
privileged 
communication 
or 
gathered 
by 
any 
government body in closed or executive session. 
In cases where access is requested to a portion of a record or 
information that is exempt from disclosure pursuant to this Act, the 
public shall have the right of access to the remainder of the record 
Provided, that the exempt portion of the record can be reasonably 
separated, severed, deleted or concealed from the record. 
Nothing in this Act shall, however: 
(a) Authorize the withholding of information from, or limit the 
availability of records to, Congress or any of its committees; 
(b) Affect the power of any court, tribunal, investigative body, or 
any government: body exercising quasi-judicial functions to 
compel a witness to testify or to compel the production of 
documents; 
(c) limit the information otherwise available by law to a party to I 
itigation including a civil, criminal or administrative proceeding; 


(d) prohibit the transfer, storage or destruction of any record 
pursuant to law, decree, 
order, 
ordinance or rules and 
regulations; 
(e) prevent access to records maintained in a public office for the 
purpose of providing the public access to information; or 
(f) restrict: disclosure of information for the purpose of an 
investigation or prosecution of a criminal case or a case of graft 
and corruption. 
SECTION 6. IJrocedure for Access. Any person who seeks to 
obtain, have a copy of or have access to any information shall file a 
request in writing, as much as practicable, to the government body 
concerned, reasonably describing the information being sought, and 
stating details on how he could be contacted by the said government 
body. 
The government body shall comply with the said request within 
two (2) working days after the receipt: of the requestr or within a 
reasonable period of time mutually agreed upon by the requesting 
person and the government body's employee concernedr but not to 
exceed five (5) working days. 
The time for compliance may, with due notice to the requesting 
person, be extended by the head of the government body to a period 
not exceeding fifteen (15) days if: 
(a) The requesting person failed to give enou\jh details about the 
information or record sought to be obtained. 
(b) A large number of records is sought to be obtained in a 
single requestr or when it has received voluminous requestsr 
that compliance within the prescribed period under this Act 
would unreasonably interfere with its operations; 
(c) The request requires search and collation of records from its 
field offices; 
(d) 
Additional 
time 
is 
needed 
to 
consult 
with 
another 
government body having material or substantial interest in the 
determination of the request; and 
(e) There are fortuitous events or other events from force 
majeurer or other analogous cases. 


SECTION 7. Payment of Reasonable Fees. 
Copies or 
reproductions of information, whether in print or electronic media, may 
be obtained by the requesting person whose request has been 
approved upon payment of a reasonable fee which shall not exceed 
the actual cost of reproduction plus a reasonable margin not exceeding 
ten percent (10%): Provided, that proceeds from the reproduction fees 
charged shall be used exclusively for the purchase and maintenance of 
equipment and supplies required to produce copies or reproductions of 
the said records. 
Upon request, the government body shall provide a detailed 
itemization of the costs charged for the reproduction. No government 
body 
may, 
however, 
require the 
advanced 
payment of any 
reproduction fee. 
SECTION 8. Transfer of Request. If the government body to 
which the request was filed determines that the information being 
sought is not in its custody or control, it shall, within two (2) days, 
notify the requesting person of the same, through writing or other 
contact channels that the requesting person has provided, and shall 
then either: 1) transmit the said request to the government: body 
which has the possession or custody of the information being sought; 
or 2) provide the requesting person with a referral letter, signed by its 
head and addressed to the head of the government body which has 
the possession or custody of the information being sought. 
The government body receiving of such transmittal or referral 
letter shall then act on such request in the manner set forth in Section 
5 hereof. 
SECTION 9. Den;'11 of Request. If the government body 
decides to deny the request, in whole or in part, it shall within two (2) 
working days from the receipt of the request notify the requesting 
person of such denial in writing, signed by the head of the government 
body, and the specific grounds for the denial and the corresponding 
legal basis, as allowed in Section 4 hereof. 
SECTION 10. Remedies to Compel Disclosure. Every denial 
of any request for access to information may be appealed before the 
Office of the Ombudsman by filing, within fifteen (15) days from 
receipt of a letter of denial, a prayer for the disclosure of the 
information being sought. 
If the Office of the Ombudsman upholds such denial or fails to 
act on such prayer within sixty (60) days, the requesting person may 
then file a verified petition for mandamus before the Regional Trial 
Court witll jurisdiction over the government body's office receiving the 
request for information. A deciSion of the court granting the request 
for information shall be subject to the proper judicial rernedies 


available to the affected government body, following the procedure 
provided under the Rules of Court. 
Nothing in this Section shall prejudice any other available 
administrative, civil or criminal remedy. 
SECTION 11. Mandatory Disclosure of Food Information. 
Each government body that possesses any Significant information that 
affects food supply and prices shall readily disseminate the same to 
the public and regularly update said information. The means of 
disclosure and dissemination of such information shall include, but not 
be limited to: (a) manuals, pamphlets, brochures, bulletins, posters, 
announcements, or any other printed collaterals, for distribution or for 
posting by the government body concerned in conspicuous places in its 
central and field offices; and (b) electronically uploading of such 
information on its website. 
SECTION 12. Mandaf'Ory Disclosure for Public Interest. Any 
government body which is in possession or has knowledge of any 
information, not otherwise declared classified or exempt pursuant to 
this Act, about the existence of a factor or risk significant: to food 
supply and prices, or which clearly affects publiC'S right to affordable 
food and adequate food supply, shall without delay disclose such 
information to the public. 
SECTION 13. Penal Provisions. Any official or employee of the 
government body which has possession of any significant information 
on food supply and prices found guilty by final judgment of the proper 
court of denying access to information, or parts thereof, without a 
valid legal ground as provided for in this Act, or who shall knowingly 
release false and/or misleading information, shall be punished with a 
fine of not less than Twenty Thousand Pesos (P20,OOO.OO) but: not 
more than Forty Thousand Pesos (P40,OOO.OO), and/or imprisonment 
of not less than one (1) year but not more than three (3) years, 
including all the accessory penalties provided by law, upon the 
discretion of the court. 
Any official or employee who shall fail to respond to a request 
due to negligence, or fail to meet the time limits for response sel forth 
in this Act, without reasonable reasons for such, shall be punished with 
a fine of not less than Ten Thousand Pesos (PlO,OOO.OO) but not more 
than Twenty Thousand Pesos (P20,000.OO), and/or imprisonment of 
not less than six (6) months but not more than one (1) year, including 
all the accessory penalties provided by law, upon the discretion of the 
court. 
Any official or employee who shall deliberately and knowingly 
refuse, or because of negligence fail, to update any information his or 
her office is required to disclose under Section 10 of this Act shall be 


penalized administratively with suspension from service, without play, 
of at least six (6) months but not more than one (1) year. A 
subsequent offense shall cause his dismissal from service. 
SECTION 14. Implementing Guidelines. Each government 
body shall, within sixty (60) days from the effectivity of this Act, 
promulgate guidelines specifying the office, and employees from 
whom, and the methods and process whereby, the public may request 
access to or obtain information which are kept in or held under its 
custody or control. 
SECTION 15. Reports. On or before March 1 of each calendar 
year, each government body shall submit a report covering the 
preceding year to the Speaker of tile House of Representatives and 
President of the Senate for referral to tile appropriate committees of 
Congress. The report sllall include: 
(a) A copy of the implementing guidelines and rules crafted by 
such government body in the implementation of this Act; 
(b) A copy of the reproduction fee sclledule under Section 6 of 
this act, the total proceeds collected from such fees and the use of 
such proceeds by the government body; 
(c) The number of determinations made by sucil government 
body to refuse the requests for information made to such government 
body under Section 8, tile reasons for such determination; 
Cd) The names and titles or positions of officials responsible for 
the refusal of requests under this Act, and the number of instances of 
participation of each; 
(e) The number of refused requests wherein the requesting 
person sought remedies before the Office of the Ombudsman or before 
the regular courts, and the names and titles or positions of officials 
concerned in these cases; 
(f) A copy of the information disclosed by the government body 
pursuant to Section 10 of this act, including a description of the 
collaterals, whether print or electroniC, used in Ule dissemination of 
the said disclosed information. 
(g) A summary of other initiatives made by the government 
body, whether or not mandated by this Act or any other law, that 
sought to enhance and assist the implementation of this Act: and 
(h) Such other information, which the government body deems 
as necessary to disclose in relation to the implementation of this Act. 


The Office of the Ombudsman shall submit an annual report on 
or before March 1 of each calendar year, listing the number of cases 
filed before it under Section 9 of this Act and the disposition of each 
case. The SoliCitor General shall likewise submit an annual report on or 
before March 1 of each calendar year, listing the number of cases filed 
before the regular courts under Section 9 of this Act, the disposition of 
each case, the names and positions or titles of the officials penalized 
and the penalties assessed. 
SECTION 
16. Oversigllt Committee. 
For the effective 
implementation of this Act, there shall be a Congressional Oversight 
Committee consisting of five C'i) members each from the Senate and 
House Representatives, which shall be composed of the Chairpersons 
and members of the Committees on Agriculture, Trade and Commerce, 
and Justice and Human Rights of both the Senate and House of 
Representatives, 
which 
shall 
meet 
bi-annually 
to 
oversee 
its 
implementation. The Congressional Oversight Committee shall be 
jointly chaired by the Chairpersons of the Committees on Agriculture 
and 
Trade 
and 
Commerce 
of the 
Senate 
and 
House 
and 
Representatives and shall be jointly vice-chaired by the Chairpersons 
of the Committees on Justice and Human Rights of the Senate and 
House and Representatives. 
SECTION 17. Separability Clause. If for any reason, any part, 
section or provision of this Act sl1all be held unconstitutional Of invalid, 
no other part, section or provision shall be affected thereby. 
SECTION 18. Repealing Clause. All laws, decrees, executive 
orders, 
rules and 
regulations, 
issuances or any parts thereof 
inconsistent with the provisions of this Act are deemed repei'lled or 
amended accordingly. 
SECTION 19. Effectivity Clause. This Act shall take effect 
immediately after its publication in at least two (2) national 
newspapers of general circulation. 
Approved,