Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City iF

DAE:

I
Sevent q
First Regul

House Bill No. 8833

enth Congress
jar Session

Introduced by REP. MANUEL ANTONIO F, ZUBIRI

EXPLANATORY NOTE

The Gwin requirements of transparency and accountability in transactions and dealings are
indispensable to good government and clean governance, This is because graft and corruption in
government can only thrive in the shadows of secrecy and away from the glare of public serutiny

Article III, Section 7 of the Constitution states that it is the public's right to obtain information on
matters of public concern, as provided, 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

Despite the previous administration's mantra of “Daang Matuwid”, the widespread kleptocracy
that plagued the Marcos years subsisted all throughout the terms of practically all subsequent
administrations since then, This is evidenced by the fact that reports of graft_and corruption in
government have become standard fare in all news dailies. That rampant graft and corruption in
government has survived and even thrived all these decades is a testament to each past administration's
inexplicable aversion to full transparency in every aspect of government dealings.

Learning from the sins of past administrations, newly-elected President Rodrigo Roa Duterte has
acknowledged the public’s ready and unimpeded access to government information as a key pillar of his
administration's unrelenting drive (0 finally rid the bureaucracy of corruption. Blazing the trail to full
transparency and absolute accountability in government, the President promulgated an Executive Order
on Freedom of Information that guarantees full and free public access to information and papers relating
to government dealings and transactions entered into by every office, agency, bureau, and instrumentality
of the Executive Department.

Through the sterling example shown by the President, the gauntlet has been thrown for Congress
to reciprocate by enacting its own Freedom of Information legislation, extending and enforcing the
principles of full transparency and acgountability to the other branches of Government,

The instant proposed meyhure is the undersigned representative's answer to the said challenge
This proposed legislation mandyles public disclosure of official documents, delimits the scope of such
disclosures, and prescribed the frocedure for the public's exercise of its right to information,

Thus, arpexpeditedfassage of this measure is earnestly sought,

ANTONIA F. ZUBIRI
Represeiftative
3% Distrift, Bukidn


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

Seventeenth Con
First Regular Session

House Bill No, 8833 _

Introduced by REP. MANUE

NTONIO F, ZUBIRE

AN ACT
RECOGNIZING AND GIVING LIFE TO THE CONSTITUTIONAL MANDATE FOR FRI
READY ACCESS TO OFFICIAL RECORDS AS WELL AS DOCUMENTS AND PAPERS
PERTAINING TO OFFICIAL ACTS, TRANSACTIONS, AND OTHER DEALINGS OF THE
GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES,

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

assembled

SECTION 1. Short Title.
of 2016."

This Act shall be known as the "Freedom of Information Act

SEC. 2. Declaration of Policy. ~ Pursuant t© the First Principle declared in Our
Constitution that Sovereignty resides in the people and all government authority emanates from
them, the right of the people to effective and reasonable participation at all levels of social,
political and economic decision making, the right of the people to information on matters of public
concern. and the policy of full public disclosure of all government transactions involving public
interest. it is hereby declared that the public interest would be best served through the enactment
of legislation recognizing. defining. and giving life to the public's Constitutional tight to obtain
information on matters of public concern. as provided. 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

SEC. 3. Coverage. - This Act shall cover all branches, departments, and instrumentalities
of government. including all local government units. collectively referred to as government
agencies defined under Section 4 of this Act

SEC. 4. Definition of Terms. - As used in this Act

(a) "Information" shall mean 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 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) "Government ageney/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 A-red 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 ali lower courts established by law

(c) "Official record/records” 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 the draft. final. or any other stage or

status,

(d) "Public record’records” shall include information required by law, executive orders.

rules, or regulations to be entered, kept and made publicly available by a government agency

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. Government
agencies shall make available to the public for scrutiny. copying and reproduction in the manner
provided by this Act. all information pertaining to official acts. transactions or decisions. as well
as government research data used as a basis for policy development. subject to the exceptions
enumerated under section 7 of this Act. regardless of their physical form or format in which they
are contained and by whom they were made.

SEC. 6. Presumption. - There shall be a legal presumption in favor of public access 10
information. No request for information shall be denied unless it clearly falls under the exceptions
provided under this Act. In acting on all requests for information, the government agency
concemed shall act with dispatch and provide the requested information with the least amount of

delay

Exceptions. - Access to information shall be granted unless

Cc.

(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 nationa! security or defense and its revelation may cause
grave 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 may weaken the negotiating position of the government in an ongoing bilateral ot
multilateral negotiation or seriously jeopardize the diplomatic relations of the Philippines with any
state: 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:

(b) The information consists of records of minutes. records of advice given or records of
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.

(c) 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 of 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

resolutions. di

(d) ‘The information requested consists of drafts of order ions.
memoranda or audit reports by any executive. administrative, regulatory, constitutional. judicial or

quasi-judicial body in the exereise of their regulatory. audit and adjudicatory funetion

(c) The information requested is obtained by either House of Congress, or any committee

thereof, in executive session

(A) The information requested pertains to the personal information of @ 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 ageney and the information relates to his or her public function or the person has
consented, in writing. to the disclosure of the information:

(2) The information requested pertains to trade secrets and commercial ot
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:

(h) The information is elassified as privileged communications in legal proceedings by law
or by the Rules of Court

(i) ‘The information requested is exempted from disclosure by law or by the Constitution, in
addition to those provided in this section,

(j) The information is of a nature that its premature disclosure would: (1) in the ease of an
agency that regulates or deals with currencies, interest rates. securities. commodities. or financial
institutions. be likely to lead to speculations in currencies. interest rates, securities. or
commodities. as would seriously endanger the stability of the financial or commodities market; or
in (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 disvlosed once the
d

abovementioned dangers have ¢

(k) The information has already been made accessible as provided in Section 13 of this
Act

For letters (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 officer/s duly designated by him:
Provided. That

(1) 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 overeome if the requester is able to
prove before the Ombudsman or a court of competent jurisdiction that the public interest in the
disclosure of the information outweighs public interest in in keeping the information secret or

confidential

SEC. 8. Mandatory Disclosure of Information. - Government agencies are mandated 10
regularly disclose the following information in the duration and manner provided hereunder:

(a) In fulfillment of Article XL. Section 17 of the Constitution, the following national
officials shall disclose to the public, through their official website, their certified Statement of
Assets. Liabilities, and Net Worth (SALN) in accordance with the periods mandated by applicable
laws, rules, and regulations:

(1) the President

(2) the Vice- President:

(3) the Members of the Cabinet;

(4) the Members of Congress

(5) the Justices of Supreme Court:

vonstitutional offices: and

(6) the Members of Constitutional Commissions and oth

(9) officers of the armed forces with general or flag rank.

(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

(1) Annual Budget of Government Ageneie:

(2) Itemized Monthly Collections and Disbursement:
(3) Summary of Income and Expenditures:

(4) Component of the IRA Utilization:

(5) Annual Procurement Plan and Procurement List:
(6) Items to Bid:

(7) Bid Results on Civil Works. and Goods and Services:


(9) Procurement contracts entered into by a government agency;

(10) Construction or concession agreements or contracts entered into by a government
ency with any domestic or foreign person or entity

(11) Private sector participation agreements or contracts in infrastructure and development
projects under Republic Act No. 6957, as amended by Republic Act No. 7718, authorizing the
financing, construction, operation and maintenance of infrastructure projects:

(12) Public funding extended to any private entity:

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

(14) Licenses, permits or agreements granted , by any government agency
to any person or entity for the extraction and/or utilization of natural resources and a list of the

grantees:

(15) Guarantees given by any government agency to government-owned
or -controlled corporations and to private corporations, persons or entities;

(16) Loans from domestic and foreign financial institutions:

ance, and programs entered into

(17) Loans, grants, development assistance. technical assis
as well as with private aid

by a government agency with official bilateral or multilateral agencie
agencies or institutions: and

(18) Compromise agreements entered into by a government ageney with any person or
entity

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 30 working days from its perfection or issuance,

(c) Each government agency shall regularly publish, print and disseminate at no cost to
the public and in an accessible form. in conjunction with Republic Act 9485. or the Anti-Red Tape
Act of 2007, and through their website. timely. true, accurate and updated key information
including, but not limited to:

edom of Information Manual in full:

(1) A People's Fr

sion-making

(2) A description of its mandate. structure. powers. functions, duties and deci
processes:

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

(4) The names of its key officials. their powers, functions and responsibilities, and their
profiles and curriculum vitae;

(5) Work programs, development plans. investment plans, projects. performance targets

and accomplishments, and budgets. revenue allotments and expenditures:



(6) Important rules and regulations. orders or decisions: Provided. That they be published
within fifteen (15) calendar days from promulgation

(7) 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

(8) 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

(9) Current and important database and statisties that it generates;
(10) Bidding processes and requirements: and

(11) 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. specially those
that are of the highest public interest by reason of the amounts involved and the impact of the
transaction to the public, All government agencies must ensure that they have a compliant website
within two (2) years from the effectivity of this Act

Should an ageney lack the capacity to comply with the website uploading requirement of
this section. the agency shall initiate a capacity-building program, coordinate with anothe!
appropriate agency. or use an alternative mechanism, to facilitate substantive compliance not later
than three (3) years from the effectivity of this Act. The National Computer Center shall monitor
all government agency websites and render the appropriate support for their development and full
juirements of this Act

compliance with the

For purposes of improving capability. every government agency shall ensure the
provision of adequate training for its officials to improve awareness of the people's right of free
$s to government information and the provisions of this Act, and to keep updated as to best

act
practic

in relation to information disclosure. records maintenance and archiving,

In order to develop accessibility of language and form. every government agency
endeavor to translate key information into major Filipino languages and present them In popular
form and means.

>. 9. 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

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

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

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

SEC, 10. People's Freedom of Information Manual. - (a) For the effective
implementation of this Act. all government agencies shall prepare a People's Freedom of
Information Manual, setting forth the following:


(1) The location and contact information of the head, regional. provincial and field 13
offices. and other established places where the public can obtain government information or
submit requests:

(2) The types of information it generates, produces. holds and/or publishes:

(3) A description of its record-keeping system:

(4) The person or office responsible for receiving requests for information;

(5) The procedure for the filing of requests personally. by mail. or through the idemtified
electronic means:

(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 ageney 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
{Tective implementation of this Act.

avency. that will help facilitate the

(b) The foregoing information shall also be posted in its website and bulletin boards. and

shall be regularly updated:

(c) In no case shall the absence of the aforementioned Manual be a reason for the denial of
any request for information made in accordance with this Act

(d) 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
People's Freedom of Information Manual.

SEC. 11. Procedure of Access. - (a) Any person who wishes to obtain information shall
submit, fice of charge, a request to the government agency concerned personally. by mail. ot
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 his current identification card issued by any
vovernment 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



photostatic or electronically scanned copy of the identification, or other convenient means as
determined by the agency

(b} The public official receiving the request shall provide reasonable assistance, free of
charge. t0 enable all requesters and particularly those with special needs. to comply with the
request requirements under this section.

(c) The request shall be stamped by the government ageney, 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 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 (0 trace the status of all requests for information received by it

(d) The request may indigate 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

ney may communicate the information requested in a form other than
has no capability in communicating the information in
© with the effective

(ec) A government a
the preferred means whenever the agence
the preferred format, or such preferred means would unreasonably interfe
operation of the ageney or be detrimental to the preservation of the record

(1) The government agency shall comply with such request as soon as practicable, and in
any case within fifteen (15) working days from the receipt thereof. 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 oceurrence of fortuitous events or other analogous

cases,

(a) The government agency shall, in writing or through electronic means, notify the person
making the request of the extension, setting forth the reasons for sueh 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 ageney receiving the request may
also cause the transfer of the request to the appropriate ageney 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 ageney to which the request is transferred.

'. 12. 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. ot that the cost of reproduction is negligible. or that it is pursuant to a
program for proactive disclosure.

SE

SEC. 13. Exemption From Compliance. ~ The government ageney is excused from
complying with a subsequent identical or substantially similar request from the same requesting
patty 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 14 of this Act.


2C. 14. Notice of Denial. - (a) 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) working 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 denial 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
cess 10 information.

deemed a denial of the request for a

SEC. 15. Remedies in Cases of Denial. ~ (a) In all government agencies other than the
judicial branch

(1) Every denial of a request for access to information may be contested by a Request for
Administrative Reconsideration to the same responsible official who originally denied the request
or by an Administrative appeal to the Head of Agency. following the procedure mentioned in
Section 10 (a) (8) and Section 14 of this Act: Provided, That the appeal must be filed within
fifteen (15) calendar days from the receipt of the notice of denial and must be decided within
fifteen (15) calendar days from filing. Failure to resolve the appeal within the aforementioned
period shall constitute a denial of the appeal; Provided fiu'ther, That every Notice of Denial shall
include check-box options to be checked or marked by the requester for the Immediate
Administrative Reconsideration or Appeal to the head of the ageney. If the requester, after
indicating his desired remedy. submits his Request for Administrative Reconsideration or Appeal
with the government official communicating the Notice of Denial to the requester, that
government official shall be responsible for immediately coursing the Request for Administrative
Reconsideration or Appeal to the appropriate official or head of the agency: Provided. finally. That
the requester may, in addition to and together with his Request for Reconsideration or Appeal.
submit further arguments to strengthen his request:

(2) Instead of appealing or after the denial of the appeal. the person denied access to
information may file a verified Complaint with the Office of the Ombudsman, praying that the
government agency concerned be directed to immediately afford access to information being
requested. Such Complaint shall be resolved by the Office of the Ombudsman within sixty (60)
calendar days from filing. or earlier when time is of the essence, taking into account such factors
as the nature of the information requested context of the request. public interest and danger that
the information requested will become moot. The Office of the Ombudsman shall promulgate its
special rules of procedure for the immediate disposition of Complaints filed pursuant to this
Section. Unless restrained or enjoined. the decisions of the Office of the Ombudsman shall be
immediately executory. without prejudice to review in accordance with the Rules Court:

(3) Instead of filing a Complaint with the Office of the Ombudsman, whenever a request
for information is denied originally or on administrative appeal. 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
fied by the court, to disclose the information and to pay the damages sustained by the
requesting party by reason of the denial, ‘The procedure for such petition shall be summary in
nature. Unless restrained or enjoined. the decision of the court shall be immediately executory.

\without prejudice to review in accordance with the Rules of Court:

(4) In resolving a Complaint or Petition brought under the preceding paragraphs (2) and
(3). the Ombudsman or the court is empowered to receive the information subject of a claim of
exception under Section 7 herein and examine them in camera to determine 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.

(b) In the Judicial Branch - The Judiciary shall be governed by such remedies promulgated

by the Supreme Court


(c) The remedies under this section ate without prejudice to any other administrative. civil
or criminal action covering the same Act

(d) The remedies available under this Act shall be exempt from the rules on non-
exhaustion of administrative remedies and the application of the provisions of Republic Act No,
9285. otherwise known as the Alternative Dispute Resolution Act of 2004

(c) 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 availing of the remedies
provided under this Act

SEC. 16. Keeping of Records. - (a) Government agencies shall create and/or maintain in
appropriate formats. accurate and reasonably complete documentation or records of their
organization. policies, tansactions. 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 ageney organization, policies. transactions. decisions. resolutions,

enactments. actions, procedures. operations. and activities:

(b) 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. 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 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;

ers and

(3) The declaration under oath of the assets. liabilities and net worth of public off

employees. as required by law: and

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

(d) 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, a
records management progtam that includes the followin

(1) A records maintenance system for the creation, selection, classification, indexing and
filing of official records that facilitate the casy 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 specifications of the roles and responsibilities of agency personnel in the
implementation of such system and schedule.


{e) 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
form, the following:

(1) All laws of the Philippines and their amendments. from the period of the Philippine
Commission to the present

(2) All presidential issuances from November 15. 1935 to the present, including but not
presidential proclamations, administrative orders. memorandum

limited. 10 executive order
circulars, general orders. and other similar issuances:

(3) A database of all appointments and desig
Philippines: and

nations made by the President of the

(4) Opinions of the Secretary of Justice
SEC. 17. Publication in the Official Gazette. For purposes of mandatory disclosure as

provided in section & 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) All important 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 ot
other courts of similar rank, as may be deemed by said courts of sufficient importance to be so
published:

(c) 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 Gazerre or in any
newspaper of general circulation for purposes of compliance with the publication requirement.

SEC. 18. Administrative Liability, ~ The acts enumerated in this 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:

(a) Refusal to promptly forward the request under Section 11 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:

(b) Failure to act on the request within the periods required by this Act:


(c) Refusal to comply with the decision of his immediate supervisor. the Ombudsman, or
of any court ordering the release of information:

(d) 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.

SEC. 19. Criminal Liability, - (a) Any public official or employee who falsely denies or
conceals the existence of information which is a proper subject for disclosure under thiS Act shall
be liable for the crime of removal. concealment or destruction of documents as defined under
Article 226 of the Revised Penal Code.

(b) 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 requestin,
party's access thereto, shall be liable for the crime of removal, concealment or destruction of
documents as defined under Article 226 of the Revised Penal Code

(c) Any individual who knowingly directed. induced or caused the commission of the
foregoing acts shall be liable as principal by inducement in the prosecution of public officials or
employees under this section

(d) The penalty of arresfo mayor shall be imposed upon 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.

SEC. 20. No abuse in the exercise of rights and in the performance of duties under this
Act. - Public officials and employees. in the performance o/ «heir duties under this Act, as well as
citizens in the exereise of their rights under this Act. shall act with justice, give everyone his or her
due. and observe honesty and wood 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.

Any public official or employee, or citizen who. in the performance of duties or exercise of
rights under this Act. willfully or negligently causes loss. damage or injury to another, in a manner
that is contrary to law. morals. zood customs or public policy. shall compensate the latter for the
damage incurred, This is without prejudice to other remedies available to the aggrieved party

under any other law for the same acts.

SEC. 21. Mere Denial in Good Faith Not a Ground for Liability. - A mere denial in good
faith of a request made pursuant 0 the provisions of this Act shall not constitute grounds for

administrative. civil or criminal liability

SEC. 22. 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 cr denial of any claim of the right to
information under Article HI, Section 7 of the 1987 Constitut’on.

SEC. 23. Appropriations. - ‘The amount necessary + 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

EC, 24. Separability Clause. - If 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. 25. 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 Fthical Standards for Public Officials and
Employees). are deemed repealed.

Provided, That Memorandum Circular No, 78 shall be deemed repealed after one (1) year
from the effectivity of this Act or upon issuance of the Executive Order in Section 7(a), whichever
comes first.

SEC. 26. Effectivity, - This Act shall take effect fifteen (15) days after its publication in at
least two (2) national newspapers of general circulation.

Approved.