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

SIXTEENTH CONGRESS

First Regular Session

House BiLLNo.__ 3131

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO.

EXPLANATORY NOTE

This proposed measure is primarily based on Senate Bill No. 1733 introduced in
substitution of Senate Bill Nos. 18, 36, 44, 64, 74, 90, 217, 514, 1219, Proposed Senate
itive on FOI, all filed in the

Resolution No. 102, and the Citizen’s Petition for Indirect Init
Senate of the Sixteenth Congress.

The 1987 Constitution guarantees the right to information on matters of public concern
and the right of access to official records and documents.' These are self-executing constitutional
rights, which citizens may assert without the need of an enabling or implementing law.’ As a
complement to these rights, the Constitution likewise declares a State policy of full public
disclosure of all State transactions involving public interest, subject only to reasonable
conditions prescribed by law.’ For every right of the people recognized as fundamental, there lies
a corresponding duty on the part of those who govern to respect and protect that right.‘ It is high
time for Congress to enact legislation to strengthen these rights and properly implement this

policy.

Hence, the support of the Members of Congress for the passage of this proposed measure

a DP

XAVIER JESUS “XJ” D. ROMUALDO

is earnestly requested.

' The 1987 Constitution of the Republic of the Philippines, Art. 3, Sec. 7 (“The right of the people to information on
‘matters of public concem shall be recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used as basis for policy development,
shall be afforded the citizen, subject to such limitations as may be provided by law”).

? Levaspi v. Civil Service Commission, G.R. No. L-72119, May 29, 1987.

3 The 1987 Constitution of the Republic of the Philippines, Art. 2, Sec. 28 (“Subject to reasonable conditions
prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving
public interest”).

“Legaspi, supra.



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__ 3131

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

AN ACT
STRENGTHENING THE RIGHT TO INFORMATION ON MATTERS OF PUBLIC
CONCERN AND THE RIGHT OF ACCESS TO OFFICIAL RECORDS AND
DOCUMENTS AND IMPLEMENTING THE CONSTITUTIONAL POLICY OF FULL
PUBLIC DISCLOSURE OF ALL OF THE STATE’S TRANSACATIONS INVOLVING
PUBLIC INTEREST 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 Philippine Freedom of

Information Act.

SEC. 2. Declaration of Policy. - The State recognizes the right of Filipino citizens to
information on matters of public concern and of access to official records and to documents and
papers pertaining to official acts, transactions, and decisions, as well as to government research
data used as basis for policy development, and adopts a policy of full public disclosure of all its
transactions involving public interest, subject to the procedures and limitations provided by this

Act.

Public officials and employees, in the performance of their duties under this Act, and citizens, in
the exercise of their rights under this Act, shall act in good faith and observe honesty and
sincerity. Public officials and employees and citizens alike shall endeavor to handle information
kept or obtained under this Act with due care, to the end that inaccuracies and distortions are

avoided.

SEC. 3. Definition of Terms. — As used in this Act, the following terms are hereby defined as

follows:


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(a) Government agency or agencies shall refer to the Executive, Legislative, and Judicial
Branches, as well as the Constitutional Commissions, the Office of the Ombudsman, and the
local government units of the Republic of the Philippines, particularly including but not
limited to the Office of the President, the national government and all its agencies,
departments, bureaus, offices and instrumentalities, constitutional commissions and
constitutionally-mandated bodies, local governments units and all their agencies, regulatory
agencies, chartered institutions, government-owned or controlled corporations with or
without original charters, including owned or controlled subsidiaries, government financial
institutions, state universities and colleges, the Armed Forces of the Philippines, the
Philippines National Police, the Senate, the House of Representatives, the Supreme Court,

and all courts established by law.

(b) Information shall mean any record, document, paper, report, letter, 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 in or under the control and custody of any
government agency pursuant to law, executive order or executive issuance, rules and
regulations, or ordinance or in connection with the performance or transaction of official

business by any government agency.

(©) Official record's shall 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 a draft, final or any other stage or status.

(d) Public record/s shall include any information required by law, executive order or other
executive issuance, rules or regulations, or ordinance to be entered, kept and made publicly

available by a government agency.


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SEC. 4. Coverage. ~ This Act shall cover and apply to all government agencies

SEC. 5. Access to Information, ~ Every Filipino citizen has a right to and shall, on request, be
given access to any official or public record under the control of a government agency,
regardless of the physical form or format in which they are contained, subject to the exceptions

provided for in Section 7 of this Act.

SEC. 6. Presumption in Favor of Access and Disclosure. - 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 for in Section 7 of this Act.

SEC. 7. Exceptions to the Right of Access to Information. ~ Access may not be granted where

the information contained in the official or public record sought:

(a) Directly relates to national security or defense and its revelation may cause serious damage to

the national security or defense of the Philippines.

(b) Pertains to the foreign affairs of the Republic of the Philippines and its revelation may
unduly weaken the negotiating position of the government in ongoing bilateral or multilateral
negotiations or seriously jeopardize the diplomatic relations of the Philippines with any state

or international organization.

(c) Consists of records of conversations, correspondence, or other communications with or by
the President, where such information pertains to a quintessential and non-delegable
presidential power and where the same is authored or solicited and received by a close
advisor of the President or the President himself or herself, with the advisor being in
operational proximity with the President; Provided, that this exception shall not apply where

the requesting party is able to show an adequate need for the same.


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(d) Consist of records of minutes, notes, memoranda, letters, advice, opinions, recommendations,
or other communications during pre-decisional and deliberative processes of government
agencies in decision-making or the formulation of policy; Provided, that this exception shall

not apply where the requesting party is able to show an adequate need for the same

(©) 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, or adjudicatory function.

(f) Pertains to territorial or external defense, internal security, law enforcement, criminal

prosecution, immigration, or border security, where the disclosure thereof may

1. Compromise or interfere with any legitimate military or law enforcement

operation

2. Compromise or interfere with the legitimate prevention, detection or
suppression of criminal activity, or the legitimate implementation of

immigration controls and border security.

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 agency in the course of an
investigation or by an agency conducting a lawful national security intelligence

investigation, information furnished by a confidential source.

4. Reveal lawful and legitimate techniques and procedures for law enforcement
investigations or criminal prosecutions, or would disclose legitimate guidelines
for law enforcement investigations or criminal prosecutions, if such disclosure

could reasonably be expected to result in circumvention of the law.


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5. Endanger the life or physical safety of any individual

6. Deprive a person of a right to a fair trial and impartial adjudication,

(g) Pertains to matters obtained by the Senate or the House of Representatives, or any committee

thereof, in executive session.

(h) Pertains to the personal information of a natural person, other than the requesting party, and
its disclosure would constitute an unwarranted invasion of such person’s personal privacy,

unless such person has consented in writing to the disclosure of the information.

(i) Pertains to trade secrets, intellectual property, or commercial or financial information of a
natural or juridical person, other than the requesting party, possessed or obtained in
confidence by or filed with a government agency, where the revelation thereof would
prejudice the trade, industrial, financial, or commercial interests of such natural or juridical

person,

(j) Pertains to matters that are part of the internal deliberations and actions of courts in the

exercise of their adjudicatory functions and duties.

(k) Is classified as privileged or confidential under the Rules of Court or other issuances

promulgated by the Supreme Court or is determined to be such in judicial proceedings.

(D) Is exempted from disclosure or declared privileged or confidential by jurisprudence or

statutory law, in addition to those provided in this Section.

(m)Is of a nature that its disclosure would, in the case of a government agency that regulates or
deals with currencies, interest rates, securities, commodities, or financial institutions, likely

lead to fraud, manipulation, or other unlawful acts or schemes involving currencies, interest


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rates, securities, or the commodities market or, in the case of other government agencies,

likely frustrate the effective implementation of a proposed official action.

(n) Has already been made accessible as provided in Section 14 of this Act.

The determination of whether any of the above exceptions 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 officer/s duly designated by him or her; Provided, that, with regard to
collegial bodies, boards, commissions, or courts, the chairperson or presiding officer or member

is deemed the head of office for purposes of this provision; Provided further, that:

1. The exceptions shall be strictly construed;

2. The exceptions cannot be used to cover up the commission of crimes, misconduct, or any

violation of law,

3. The President, the Supreme Court, the Senate, the House of Representatives, the
Constitutional Commissions, the Ombudsman, and the chief executives of local government
units may waive an exception with respect to information in the custody of offices under
their respective 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; and

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 responsible official shall allow

access to the the information not covered by the exception.


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SEC. 8. Mandatory Disclosure of Information. ~ All government agencies shall establish,

‘operate, and maintain websites, which shall be constantly updated and where a register of the

following information, transactions, documents, or records shall be uploaded and displayed:

(a) Budget for the current fiscal year and those of previous years

(b) Itemized monthly cash collections and disbursements.

(c) Summary of yearly income and expenditures.

(d) Yearly internal revenue allotment utilization, in case of local government units.

(©) Plantilla of personnel positions and list vacant positions with their respective qualification

requirements,

(D Annual procurement plan and list of infrastructure projects, goods, and services to be

procured through competitive bidding or alternative methods of procurement.

(g) Abstracts of bids as calculated.

(h) Results of competitive bidding for the procurement of infrastructure projects, goods, and

services.

(Procurement contracts entered into,

() Construction or concession agreements or contracts entered into with any domestic or foreign

person or entity.

(k) Private sector participation agreements or contracts in infrastructure and development

Projects entered into under Republic Act No. 6957, as amended by Republic Act No. 7718.


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(1) Public funding extended to any private entity.

(m)Bilateral or multilateral agreements and treaties in trade, economic partnership, investments,

cooperation, and similar binding commitments entered into.

(n) Licenses or permits granted to or agreements entered into with any person or entity for the

extraction or utilization of natural resources.

(0) Guarantees given to private corporations, persons or entities.

(p) Loans obtained from domestic and foreign financial institutions.

(q) Loans, grants, development assistance, or technical assistance granted by and programs or
projects entered into with local or international agencies or organizations or those of foreign

governments, as well as with private aid agencies or institutions

(©) Compromise agreements entered into with any person or entity.

The above information, transactions, documents, or records shall be enrolled in the register not
later than 30 working days from its creation, perfection, or issuance. 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 P50,000,000,00 shall be uploaded in full in the website of the concerned government

agency,

SEC. 9. Openness and Transparency in Government Agencies. ~ Each government agency

shall likewise publish in their websites the following information and matters:


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(a) A description of its mandate, organizational structure, powers, functions, and decision-

making processes.

(b) A description of the frontline services it delivers and the procedure for availing of such

services and length of time such services shall be delivered.

(c) The names of its officials, their duties and responsibilities, and their office contact

information,

(@) Work programs, development plans, investment plans, projects, performance targets and

accomplishments, budgets, revenues and expenditures,

(e) Rules and regulations, orders, or decisions promulgated, which shall be published within 15

days from promulgation

(f) 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.

(g) Substantive rules of general applicability promulgated by authority of law and statements of

general policy or interpretations of statutes formulated and adopted by the agency, including

subsequent amendments thereto.

(h) Current and important database and statistics generated by the agency.

(® Procurement processes and requirements

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

formulation of policy or the exercise of its powers


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SEC. 10. Protection of Privacy. ~ In providing access to information in official or public
records, government agencies shall afford full protection to the right to privacy of persons, as

follows:

(a) Government agencies shall ensure that personal information in its custody or under its

control is disclosed only as permitted under this Act.

(b) Government agencies shall 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

(c) Government officials or employees who have access, whether authorized or unauthorized, to

personal information in the custody or under the control of government agencies, shall not

disclose such information, except as authorized under this Act.

SEC. 11. Freedom of Information Manual. — For the effective implementation of this Act,

each government agencies shall prepare a Freedom of Information Manual, indicating the

following

(a) The location and contact information of head, regional, provincial, and field offices, and

other established places where citizens may obtain or request access to information under its

custody or control

(b) The types of information it generates, produces, holds, or publishes

(0) A description of its record-keeping system

(d) The officials or office responsible for receiving requests for information.


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(e) The procedure for the filing of requests personally, by mail, or through specified electronic

‘means.

(®) The sample standard forms for the submission of requests for information and the proper

acknowledgment of such requests

(g) The process for the proper disposition of requests for information, including the routing of
such requests to the officials or office with the duty to act on the request and the decision-

making process in granting or denying access to information.

(h) The procedure for the administrative appeal of any denial of access to information.

(i) The schedule of access and processing fees.

i) Such other information, taking into consideration the unique characteristics of the agency,

which will facilitate the effective implementation of this Act.

The foregoing information shall likewise be published in the websites of government agencies
and in billboards posted at the main entrance their respective office buildings or at the most

conspicuous place therein

In no case shall the absence of a Freedom of Information Manual be a reason for the denial of

any request for information made in accordance with this Act.

The head of office of a government agency may designate a liaison unit or committee that shall
coordinate with the other units of the agency in implementing this Act. The composition,
functions, and duties of the liaison unit or committees shall be included in the Freedom of

Information Manual.


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SEC. 12. Procedure for Access to Information. ~ (a) Any person who wishes to obtain
information shall submit, free of charge, a written request to the government agency concerned
personally, by mail, or through electronic means. The request shall state the name and preferred
contact information of the requesting party, 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 his current identification card or document issued by any
government agency, or government or private employer or school. If the request is submitted by
mail or through electronic means, the requesting party shall submit a photostatic or electronically

scanned copy of the identification card or document

(b) The public officer or employee who receives the request shall provide reasonable assistance,
free of charge, to enable all requesting parties 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 and position of the receiving public officer or employee with his or her
corresponding signature, and a copy thereof shall be furnished to the requesting party. In case the
request is submitted by electronic means, the government agency concerned 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

(@) The indicated preferred means by which the government agency shall communicate the
information requested to the requesting party must be reasonable, taking into consideration

equipment normally available to the concerned government agency.

(e) The government agency may communicate the information requested in a form other than the

preferred means indicated by the requesting party where the agency has no capability to


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communicate the requested information in the preferred format or where such preferred means
would unreasonably interfere with the effective operation of the agency or be detrimental to the

preservation of the record

(®) The government agency shall comply with such request as soon as practicable and, in any
case, within 15 working days from receipt thereof, Provided that such period shall be extended
where the information requested requires a search of the government agency’s field or satellite
offices or an examination of voluminous records, or where the occurrence of fortuitous events

prevents compliance with the request within such period, or other analogous cases.

(g) The government agency shall notify the person making the request of the extension made,
setting forth the reason for such extension and the date when the information shall be made

available, which in no case shall be more than 20 working days.

(h) Once a decision is made to grant the request, the requesting party shall be notified of such

decision and shall be required to pay the necessary access and processing fees.

If the information is not held by the government agency to which the request was made, it shall
notify the requesting party that it does not hold the information and indicate which government

agency holds the record, if the same is known.

SEC. 13. Access and Processing Fees. ~ Government agencies may charge a reasonable
fee to reimburse the actual cost of searching, reproduction, copying or transcription, and the
communication of the information requested; Provided, that such fees may be waived where the
government agency 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. 14, Exemption from Compliance with Request for Information. ~ A government

agency is excused from complying with a subsequent identical or substantially similar request


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from the same requesting party where it has previously complied with a request for information;

Provided, that the government agency complies with Section 15 of this Act.

SEC. 15. 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 15 working days from
the receipt of the request, notify the requesting of such denial in writing, The notice shall clearly
set forth the ground/s for denial, the circumstances on which the denial is based, and available
rights of reconsideration or appeal. Failure to notify the requesting party of the denial or of an
extension of the period to comply shall be deemed a denial of the request for access to

information.

SEC. 16. Remedies in Cases of Denial of Request for Information. ~ (a) In all government

agencies other than the Judiciary

(1) Every denial of a request for access to information may be appealed in writing to the officer
or office next higher in authority of the same government agency, following the procedure
laid down in the Freedom of Information Manual of such government agency; Provided, that
the appeal shall be filed by the same requesting party within 15 days from receipt of the
notice of denial. The appeal shall be decided by the officer or office next higher in authority
of the same government agency within five working days from receipt of the appeal, Failure

to decide and dispose of the appeal within such period shall constitute denial of the appeal.

(2) In case of denial of the appeal or the lapse of the period for the officer or office next higher in
authority to decide the appeal, the requesting party may, within 30 days from receipt of the
notice of denial of the appeal or the lapse of period to decide the appeal, file a petition for
mandamus, alleging the facts with certainty and praying that judgment be rendered ordering
the respondent government agency to disclose the requested information upon finality of the
judgment or at some other time to be specified by the court. The petition for mandamus shall
be verified and shall be filed with the Regional Trial Court of the place where the respondent

government agency keeps or stores the requested information. No damages shall be awarded


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to the petitioner, unless it is proven that the denial of the request for access to information

was made with malice, bad faith, or negligence.

(3) The court hearing the petition of mandamus may receive the requested information that is the
subject of a claim of exception under Section 7 herein and examine such information in
camera to determine the sufficiency of the factual and legal basis of such claim, where the
same cannot be reasonably determined through evidence and circumstances apart from the
information. The decision of the court granting or denying the petition may be the subject of

an appeal, as provided for in the Rules of Court

(b) The remedies in cases of denials of requests for information made before the Judiciary shall

be governed by rules promulgated by the Supreme Court.

(c) The remedies provided in this section are without prejudice to any other administrative, civil,
or criminal action covering the same act or omission. Any action for the imposition of
administrative and/or criminal liability arising from the same act or omission, if any, shall be

filed with the Office of the Ombudsman.

(d) The remedies available under this Act shall be cumulative and subject to the rule of

exhaustion of administrative remedies.

(e) 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.

( Inall cases, the exceptions set forth in Section 7 of this Act may be overcome if the requester
is able to prove before the courts that the public interest in the disclosure of information

‘outweighs the public interest in keeping the information secret or confidential.

SEC. 17. Keeping of Records. — (a) Government agencies shall create and maintain, in

appropriate formats, accurate and reasonably complete documentation or records of their


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organization, policies, transactions, decisions, resolutions, enactments, actions, procedures,
operations, activities, communications, and documents created, made, or received by or filed
with them and any research data generated or collected. These shall include working files such as
drafis 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

(b) Government agencies shall identify specific 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. In addition, 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.

(c) In addition to the specific and classes of official records identified for preservation under

Paragraph (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.

(4) Records of official investigations pertaining to allegations of graft and corruption of

public officers.


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(4) Government agencies shall prepare, following the standards and periods promulgated
pursuant to Republic Act No. 9470, otherwise known as the National Archives of the Philippines

Act of 2007, a 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) A records maintenance, archival, and disposition schedule providing a listing of
records under current use, for retention by the agency, for transfer to the National
Archives, or 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 government
agencies as provided under Book VII, Chapter II of Executive Order No. 292, otherwise known
as 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 the Official Gazette and in online form, the following

(1) All laws of the Philippines and their amendments,

(2) All presidential issuances to the present, including but not limited, to executive

orders, presidential proclamations, administrative orders, memorandum circulars,

general orders, and other similar issuances;


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(3) A database of all appointments and designations made by the President of the

Philippines; and

(4) All opinions of the Secretary of Justice.

SEC. 19. Capacity-Building, Promotion of Best Practices, and Continuous Updating of
Appropriate Use of Information Technology. ~ All government agencies shall establish, operate,
and maintain a website with features that are compliant with all the provisions of this Act within
two (2) years from the effectivity of this Act. Every government agency shall likewise ensure the
provision of adequate training for its officials and employees to improve awareness of the
people's right to information on matters of public concern and the provisions of this Act, and to
keep updated as to best practices in relation to information disclosure, records maintenance, and

archiving.

The National Computer Center shall monitor all government agency websites and render the
appropriate support, including capacity-building program and coordination with another
appropriate agency, ensure full compliance with the requirements of this Act. In the performance
of its monitoring function of government websites and portals, the National Computer Center
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.

The Department of the Interior and Local Government shall provide full technical and funding
support to all local government units requiring such support in the establishment, operation,

updating, and maintenance of their respective websites

SEC. 20. 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 designate an official responsible for implementing the use

of plain language designate and designate an official responsible for implementing the use of


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plain language. Government agencies shall translate key information into major Filipino

languages and present them in popular form and means.

To help carry out this Section, the Civil Service Commission shall issue guidelines on the use of
plain language to suit the needs of the public. The CSC shall likewise provide training to

employees of each government agency in using plain language in public documents

SEC 21. Administrative Offenses and Penalties. - The acts enumerated herein shall constitute
grave administrative offenses and grounds for administrative and disciplinary sanction against

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

(a) Unjustified refusal to promptly forward a request for access to information to the 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

(b) Unjustified failure to act on the request within the periods required by this Act.

(c) Refusal to comply with the order of the proper officer or court to release information that is

the subject of a request for access.

(A) Approval of policies, rules, and regulations manifestly contrary to the provisions of this Act,

which are the direct cause of the denial of a request for access to information.

This Section does not bar filing of appropriate administrative cases for acts other than those

enumerated herein.

SEC 22. Criminal Offenses and Penalties. - The penalty of imprisonment of not less than one
month but not more than six months and a fine ranging from P10,000,00 to P100,000.00 shall be

imposed upon


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(a) Any public official or employee who falsely denies or conceals the existence of information

that is a proper subject for disclosure under this Act.

(b) Any public official or employee who destroys, or causes to be destroyed, information or
documents subject of request for access to information under this Act, for the purpose of

frustrating the requesting party’s access thereto.

(©) Any public officer or employee who, without proper authority, divulges or releases

information covered under Section 7 of this Act.

(d) Any public officer or employee who releases information that is altered or modified, without
proper authority, to the extent that the released information materially differs from the
original contents of the document/s; 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.

Any individual who knowingly directed, induced, or caused the commission of the foregoing
acts shall be liable as a principal in the prosecution of the public official/s or employee/s who

committed such acts.

SEC, 23. Denial of a Request for Access to Information in Good Faith Not a Ground for
Liability. — A denial in good faith of a request for access to information made pursuant to the
provisions of this Act shall not constitute grounds for any liability, whether administrative, civil,

or criminal, upon the public official responsible therefor

SEC. 24. Annual Reports on Actions Taken on Requests for Access to Information. — All
government agencies shall prepare, for each fiscal year, a report on the number of requests for
information it received, processed, granted, and denied, of appeals made from denials of such

requests, and of pending court actions it is a party to as result of such requests. These reports


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may be integrated in the main annual reports of government agencies and may be posted and

published in their respective websites.

SEC. 25. Appropriations. — The amounts necessary to carry out the provisions of this Act
shall be charged against any appropriate and available item/s in the budgets of government
agencies for the current fiscal year and shall thereafter be included in the anmual General
‘Appropriations Act for national government agencies and annual appropriations ordinances for

local government units,

SEC. 26, Separability Clause. — If any provision of this Act is declared invalid or

unconstitutional, the other provisions not affected thereby shall remain in full force and effect.
SEC. 27. Repealing Clause. - All laws, decrees, executive orders and issuances,
proclamations, rules and regulations, and other issuances or parts thereof that are inconsistent

with the provisions of this Act are hereby repealed or modified accordingly

SEC. 28. Effectivity. - This Act shall take effect 15 days after the date of its publication

in at least two national newspapers of general circulation

Approved,