Republic of the Philippines 
SENATE OF THE PHILIPPINES 
Pasay City 
SIXTEENTH CONGRESS 
First Regular Session 
Senate Bill Nol219 
Introduced by SENATOR SONNY ANGARA 
EXPLANATORY NOTE 
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A citizen's right to official information is essential for a democracy to work. Individuals 
with ready access to public documents are better able to discern, and therefore exercise their 
sovereignty over the government they elected. 
No less than the 1987 Philippine Constitution affirms this ideal, embodied in Article II, 
Sec. 28 which provides: "The right of the people to information on matters of public concern 
shall be recognized. Access to official records, and to documents, and papers pertaining to 
official acts, transactions, or decisions, as well as government research data used as basis for 
policy development, shall be afforded the citizen, subject to such limitations as may be provided 
by law." 
The Constitution also underscores that government must operate with utmost 
transparency and accountability as Article III, Sec. 7 of the 1987 Constitution declares: "Subject 
to reasonable conditions prescribed by the law, the State adopts and implements a policy of full 
public disclosure of all its transactions involving public interest." 
The foregoing measure reasserts these constitutional imperatives by establishing the 
broad guidelines and procedures that operationalize them. With a clear policy on official 
information, we affirm our adherence to a basic libertarian tenet-the recognition of every 
Filipino's primordial right to be informed of the workings of their government. 
Left without an operational framework for public documents, the rights and obligations 
enshrined under the Constitution would be rendered meaningless, allowing government to 
operate under a shroud of secrecy and away from public scrutiny. 
Hence, this bill intends to narrow the opportunity for abuse and help restore trust and 
confidence in government, thereby enabling it to better serve the needs of its people. 
Approval of this measure is therefore earnestly requested. 
NATOR SONNY ANGARA 


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SIXTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
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SENATE 
Senate Bill No. 1219 
ItE('!\;l\:ED BY: ~ 
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INTRODUCED BY SENATOR SONNY ANGARA 
AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS TO 
INFORMATION HELD BY THE GOVERNMENT 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION. 1. Short Title. - This Act shall be known as the "Freedom of Information 
2 
Act of 2013. " 
3 
4 
SEC 2.Declaration of Policy- The State recognizes the right of the people to 
5 
information on matters of public concern, and adopts and implements a policy of full 
6 
public disclosure of all its transactions involving public interest, subject to the procedures 
7 
and limitations provided by this Act. This right is indispensable to the exercise of the right 
8 
of the people and their organizations to effective and reasonable participation at all 
9 
levels of social, political and economic decision-making. 
10 
SEC. 3.Coverage- This Act shall cover government agencies. Government agencies 
11 
refers to the executive, legislative and judicial branches as well as the constitutional 
12 
bodies of the Republic of the Philippines including, but not limited to, the national 
13 
government and all its agencies, departments, bureaus, offices and instrumentalities, 
14 
constitutional commissions and constitutionally mandated bodies, local governments and 
15 
all their agencies, regulatory agencies, chartered institutions, government-owned or -
16 
controlled corporations, including wholly-owned or controlled subsidiaries, government 
17 
financial institutions, state universities and colleges, the Armed Forces of the Philippines, 
18 
the Philippine National Police, all offices in the Congress of the Philippines including the 
19 
offices of Senators and Representatives, the Supreme Court and all lower courts 
20 
established by law. 
21 
SEC. 4.Definition of Terms - As used in this Act: 
22 
(a) Information refers to data that have been processed into a record, document, paper, 
23 
report, letter, contract, minutes and transcripts of official meetings, maps, books, 
24 
photographs, data, research materials, in whatever form, or films, sound and video 
25 
recordings, magnetic or other tapes, electronic data, in whatever format, which are 
26 
made, received or kept in or under the control and custody of any government agency 
27 
pursuant to law, executive order, rules and regulations, ordinance or in connection with 
28 
the performance or transaction of official business by any government agency. 
29 
(b) Official record refers to information produced or received by a public officer or 
30 
employee, or by a government agency in an official capacity or pursuant to a public 
31 
function or duty. This shall not refer to the stage or status of the information. 
32 
(c) Public record refers to information required by law, executive orders, rules, or 
33 
regulations to be entered, kept and made publicly available by a government agency. 
34 
SEC. 5.Access to Information - Every person who is a Filipino citizen has a right to 
35 
and shall, on request, be given access to any record under the control of a government 
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agency. Government agencies shall make available to the public for scrutiny, copying 
2 
and reproduction in the manner provided by this Act, all information pertaining to official 
3 
acts, transactions or decisions, as well as government research data used as a basis for 
4 
policy development, subject to the exceptions enumerated under Section 7 of this Act, 
5 
regardless of their physical form or format in which they are contained and by whom they 
6 
were made. 
7 
SEC. 6.Presumption -
There shall be a legal presumption in favor of access to 
8 
information. The request for information may be denied only if it clearly falls under the 
9 
exceptions provided under this Act. 
10 
SEC. 7.Exceptions - Access to information shall be granted unless: 
11 
(a) The information is specifically authorized to be kept Secret under guidelines 
12 
established by an executive order, and in fact properly classified pursuant thereto: 
13 
Provided, That1) The information directly relates to national security or defense and 
14 
its revelation may cause grave damage to the national security or internal and 
15 
external defense of the State; or 2) The information requested pertains to the foreign 
16 
affairs of the Republic of the Philippines, when its revelation shall unduly weaken the 
17 
negotiating position of the government in an ongoing bilateral or multilateral 
18 
negotiation or seriously jeopardize the diplomatic relations of the Philippines with one 
19 
or more states: Provided further, That the executive order shall specify the 
20 
reasonable period after which the information shall be automatically declassified or 
21 
subject to mandatory declassification review, and that any reasonable doubt as to 
22 
classification and declassification shall be settled in favor of the right to information; 
23 
(b) The information consists of records of minutes and advice given and opinions 
24 
expressed during deciSion-making or policy formulation, invoked by the Chief 
25 
Executive to be privileged by reason of the sensitivity of the subject matter or of the 
26 
impairment of the Chief Executive's deliberative process that would result from the 
27 
disclosure' thereof. Once policy has been formulated and decisions made, minutes 
28 
and research data may be made available for disclosure unless they were made in 
29 
executive session; 
30 
(e) The information requested pertains to internal and/or external defense, law 
31 
enforcement, and border control, when the di~closure thereof would: 
32 
(i) unduly compromise or interfere with any legitimate military or law 
33 
enforcement operation; or 
34 
(ii) unduly compromise or interfere with the prevention, detection or 
35 
suppression 
of criminal 
activity, 
the 
effective 
implementation of 
36 
immigration controls and border security; or 
37 
(iii) deprive a person of a right to a fair trial or an impartial adjudication; or 
38 
(iv) lead to the disclosure of the identity of a confidential source, including a 
39 
government, 
or foreign agency or authority or any private institution 
40 
which furnished information on a confidential basis, and, in the case of a 
41 
record or information compiled by a law enforcement authority in the 
42 
course of an investigation or by an agency conducting a lawful national 
43 
security intelligence investigation, information furnished by a confidential 
44 
source; or 
45 
(v) disclose techniques and procedures for law enforcement investigations or 
46 
prosecutions, 
or would 
disclose guidelines for law enforcement 
47 
investigations or prosecutions if such disclosure could reasonably be 
48 
expected to risk circumvention of the law; or 
49 
(vi) endanger the life or physical safety of any individual; 
50 
(d) The information requested consists of drafts of orders, resolutions, decisions, 
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memoranda or audit reports by any executive, 
administrative, 
regulatory, 
2 
constitutional, judicial or quasi-judicial body in the exercise of their regulatory, audit 
3 
and adjudicatory function; 
4 
(e) The information requested is obtained by any committee of either House of Congress 
5 
in executive session; 
6 
(f) The information requested pertains to the personal information of a natural person 
7 
other than the requesting party, and its disclosure would clearly constitute an 
8 
unwarranted invasion of one's personal privacy, unless it forms part of a public 
9 
record, or the person is or was an official of a government agency and the 
10 
information relates to the public function or the person has consented in writing to the 
11 
disclosure of the information; 
12 
(g) The information requested pertains to trade secrets and commercial or financial 
13 
information obtained from a natural or juridical person other than the requesting 
14 
party, or obtained in confidence or covered by privileged communication, and filed 
15 
with a government agency, whenever the revelation thereof would seriously 
16 
prejudice the interests of such natural or juridical person in trade, industrial, financial 
17 
or commercial competition; 
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(h) The information is classified as privileged communications in legal proceedings by 
19 
law or by the Rules of Court; 
20 
(i) The information requested is exempted by law or the Constitution, in addition to 
21 
those provided in this section; and 
22 
(j) The information has already been made accessible as provided for in Section 10. 
23 
For paragraphs (c) to 0) of this section, the determination whether any of these grounds 
24 
shall apply shall be the responsibility of the head of office of the government agency in 
25 
custody or control of the information, or any responsible central or field officerls duly 
26 
designated by him: 
27 
Provided, That: 
28 
1. The exceptions are strictly construed; 
29 
2. The exceptions are not used to cover up a crime, wrongdoing, graft, or corruption; 
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3. 
Whenever the information covered by an exception may be reasonably severed 
31 
from a record, the record shall be released with the exempt information redacted, or 
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the information not covered by the exception shall otherwise be communicated to the 
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requesting party; 
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4. The President, the Supreme Court, the Senate, the House of Representatives, and 
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the Constitutional Commissions may waive an exception with respect to information 
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in the custody of offices under their respective supervision or control, when they 
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deem that there is an overriding public interest in disclosure; and 
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5. The exceptions do not constitute authority to withhold information from Congress, nor 
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authority for the executive branch of a local government unit to withhold information 
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from the legislative body of such local government unit. 
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SEC. a.Mandatory Disclosure of Information-(a) In fulfillment of Article XI, Section 17 
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of the Constitution the following national officials shall provide to the public, through the 
43 
websites of their respective offices, their Statement of Assets, Liabilities, and Net worth 
44 
(SALN) on an annual basis: 
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(1) the President; 
46 
(2) the Vice- President; 
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(3) the Members of the Cabinet; 
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(4) the Members of the Senate and the House of Representatives; 
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(5) the Justices of the Supreme Court; 
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(6) the 
Commissioners 
of the 
Constitutional 
Commissions 
and 
other 
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constitutional offices; and 
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(7) the officers of the Armed Forces with the rank of general or the equivalent 
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flag rank. 
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(b) All agencies of all branches of government shall publish on their websites and update 
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on a monthly basis, a register of the following: 
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(i) Freedom of Information Manual in full; 
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(Ii) Rules of Procedure, descriptions of forms available or the places at which 
12 
forms may be obtained, and instructions as to the scope and contents of all 
13 
papers, reports, or examinations; 
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(iii) Substantive rules of general applicability adopted as authorized by law, and 
15 
statements of general policy or interpretations of general applicability formulated 
16 
and adopted by the agency, including subsequent amendments; 
17 
(iv) Public interest documents or records, including: 
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(I) Annual Budget of Government Agencies 
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(2) Itemized Monthly Collections and Disbursement 
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(3) Summary of Income and Expenditures 
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(4) Component of the Internal Revenue Allotment (IRA) Utilization 
22 
(5) Annual Procurement Plan and Procurement List 
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(6) Items for Bidding 
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(7) Bid Results on Civil Works, and Goods and Services 
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(8) Abstract of Bids as Calculated 
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(9) Procurement contracts entered into by agovernment agency 
27 
(10) 
Construction or concession agreements or contracts entered into 
28 
by a government agency with any domestic or foreign person or entity; 
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(11) 
Private 
sector 
participation 
agreements 
or 
contracts 
in 
30 
infrastructure and development projects under Republic Act No. 6957 
31 
otherwise known as the Philippine BOT Law, as amended by Republic 
32 
Act No. 7718; 
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34 
35 
36 
37 
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(12) 
Public funding extended to any private entity; 
(13) 
Bilateral or multilateral agreements and treaties intrade, economic 
partnership, investments, cooperation and similar binding commitments; 
(14) 
List of persons or entities who were granted licenses, permits or 
agreements for the extraction and/or utilization of natural resources given 
by any government agency; 
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(15) 
Projects identified by legislators pursuant to any Congressional 
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allocations, including the Priority Development Assistance Fund, the 
3 
Financial Subsidy to Local Government Units, the Regular Congressional 
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Allocation for infrastructure projects under the Department of Public 
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Works and Highways, Congressional Insertions, and other similar 
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Congressional allocation modalities; 
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(\6) 
Statement of Assets and Liabilities of the public officers of the 
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government agency; and 
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(17) 
Guarantees given by any government agency to government-
10 
owned or -controlled corporations and to private corporations, persons or 
11 
entities. 
12 
The register shall contain a brief description of the transaction involved, including, but 
13 
not limited to: the nature and object of the transaction, the parties and amounts involved, 
14 
the key steps undertaken towards its conclusion, and the relevant dates provided that 
15 
contracts and agreements involving an amount of at least Fifty Million Pesos 
16 
(P50,000,000.00) shall be published in full on the website of the concerned government 
17 
agency or the Official Gazette Online subject to the succeeding section. A covered 
18 
record shall be enrolled in the register not later than 30 working days from its perfection 
19 
or issuance. 
20 
(c) All government agencies shall, over time, endeavor and build the capacity and 
21 
practice to publish in full all other contracts, agreements, or treaties covered under this 
22 
Section, especially those that are of the highest public interest by reason of the amounts 
23 
involved and the impact of the transaction to the public. All government agencies must 
24 
ensure that they have a compliant website within two (2) years from the effectivity of this 
25 
Act. 
26 
(d) Should an agency lack the capacity to comply with the website publication 
27 
requirement of this Section, the agency shall initiate a capacity-building program, 
28 
coordinate with another appropriate agency, or use an alternative mechanism, to 
29 
facilitate substantive compliance not later than three (3) years from the effectivity of this 
30 
Act. 
31 
SEC. 9.Promotion of Openness in Government- (a) Duty to Publish Information -
32 
Government agencies shall regularly publish, print and disseminate at no cost to the 
33 
public and in an accessible form, in conjunction with Republic Act 9485, or the Anti-Red 
34 
TapeAct of 2007, and through their website, timely, true, accurate and updated key 
35 
information including, but not limited to: 
36 
(1) A description of its mandate, structure, powers, functions, duties and 
37 
decision-making processes; 
38 
(2) A description of the frontline services it delivers and the procedure and length 
39 
of time by which they may be availed of; 
40 
(3) The names of its key officials, their powers, functions and responsibilities, 
41 
andtheir profiles and curriculum vitae; 
42 
(4) Work programs, development plans, investment plans, projects, performance 
43 
targets 
and 
accomplishments, 
and 
budgets, 
revenue 
allotments 
and 
44 
expenditures; 
45 
(5) Important rules and regulations, orders or deciSions: Provided, that they be 
46 
published within fifteen (15) calendar days from promUlgation; 
47 
(6) Current and important database and statistics that it generates; 
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(7) Bidding processes and requirements; and 
2 
(8) Mechanisms or procedures by which the public may participate in or 
3 
otherwise influence the formulation of policy or the exercise of its powers. 
4 
(b) Accessibility of Language and Form - Every government agency shall endeavor to 
5 
translate key information into major Filipino languages and present them in popular form 
6 
and means. 
7 
(c) Improving Capability -
Every government agency shall ensure the provision of 
8 
adequate training for its officials to improve awareness of the right to information and the 
9 
provisions of this Act, and to keep updated as to best practices in relation to information 
10 
disclosure, records maintenance and archiving. 
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SEC. 10. Exemption From Compliance - The government agency shall be excused 
12 
from complying with a subsequent identical or substantially similar request from the 
13 
same requesting party where it has previously complied with a request for information 
14 
unless a reasonable interval has lapsed between compliance with the previous request 
15 
and the making of the current request: Provided, That the government agency complies 
16 
with Section 18 of this Act. 
17 
SEC. 11. Additional Protection of Privacy - While providing for access to information 
18 
in public records, this Act also affords full protection of the right to privacy of individuals, 
19 
as follows: 
20 
(a) A government agency must ensure that personal information in its custody or under 
21 
its control is disclosed only as permitted under this Act; 
22 
(b) A government agency must protect personal information in its custody or under its 
23 
control by making reasonable security arrangements against such risks as unauthorized 
24 
access, collection, use, disclosure, or disposal; 
25 
(c) An employee, officer or director of a government agency who has access, whether 
26 
authorized or unauthorized, to personal information in the custody of the agency, must 
27 
not disclose that information except as authorized under this Act. 
28 
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SEC. 12. Administrative Liability - The acts enumerated in this Section shall be 
30 
tantamount to gross neglect of duty and shall constitute grounds for administrative and 
31 
disciplinary sanction against any public official or employee who willfully and knowingly 
32 
commits the following: 
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(a) Refusal to promptly forward the request under Section 16 of this Act to the public 
34 
officer within the same office or agency responsible for Officially acting on the request 
35 
when such is the direct cause of the failure to disclose the information within the periods 
36 
required by this Act; 
37 
(b) Failure to act on the request within the periods required by this Act; 
38 
(c) Claim an exception under Section 7 of this Act when the claim is manifestly devoid of 
39 
factual or legal basis; 
40 
41 
(d) Refusal to comply with the decision of his immediate supervisor, the Ombudsman, or 
42 
of any court ordering the release of information; 
43 
(e) Approval of policies, rules and regulations manifestly contrary to the provisions of this 
44 
Act, and which pOlicies, rules and regulations are the direct cause of the denial of a 
45 
request for information. 
46 
SEC. 13. Criminal Liability - (a) Any public official or employee who falsely denies or 
47 
conceals the existence of information mandated for disclosure under this Act shall be 
48 
liable for the crime of removal, concealment or destruction of documents as defined 
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under Article 226 of the Revised Penal Code. 
2 
(b) Any public official or employee who destroys, or causes to be destroyed, information 
3 
and/or documents being requested under this Act, for the purpose of frustrating the 
4 
requesting party's access thereto, shall be liable for the crime of removal, concealment 
5 
or destruction of documents as defined under Article 226 of the Revised Penal Code. 
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(c)Any private individual who knowingly induced or caused the commission of the 
7 
foregoing acts shall be liable as principal by inducement in the prosecution of public 
8 
officials or employees under this section. 
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SEC 14.Mere Denial Not a Ground for Liability - A mere denial in good faith of a 
10 
request made pursuant to the provisions of this Act shall not constitute grounds for 
11 
administrative sanction or criminal liability. 
12 
SEC. i5.lmplementation Requirements- (a) For the effective implementation of this 
13 
Act, all governrnent agencies shall prepare a Freedom of Information Manual, setting 
14 
forth the following: 
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(1) The location and contact information of the head, regional, provincial and field 
16 
offices, and other established places where the public can obtain information or 
17 
submit requests; 
18 
(2) The types of information it generates, produces, holds and/or publishes; 
19 
(3) A description of its record-keeping system; 
20 
(4) The person or office responsible for receiving requests for information; 
21 
(5) The procedure for the filing of requests personally, by mail, or through the 
22 
identified electronic means; 
23 
(6) The standard forms for the submission of request and for the proper 
24 
acknowledgement of the request; 
25 
(7) The process for the disposition of the request, including the routing of the 
26 
request to the person or office with the duty to act on the request, the decision-
27 
making process, and the grant or denial of access and its implementation; 
28 
(8) The procedure for the administrative appeal of any denial for access to 
29 
information; 
30 
(9) The schedule of service or processing fees pertinent to a request for 
31 
information; 
32 
(10) The process and procedure for the mandatory disclosure of information 
33 
under Section 7 of this Act; provided that, should the agency lack the capacity to 
34 
comply with Section 7 of this Act, a brief description of its plan to facilitate 
35 
compliance within three (3) years from the approval of this Act; and 
36 
(11) Such other information, taking into consideration the unique characteristics 
37 
of an agency, that will help facilitate the effective implementation of this Act. 
38 
(b) The foregoing information shall also be posted in its website and bulletin boards, and 
39 
shall be regularly updated; 
40 
(c) In no case shall the absence of the aforementioned Manual be a reason for the 
41 
denial of any request for information made in accordance with this Act. 
42 
(d) The heads of each of the departments and agencies may designate liaison units or 
43 
Committees which shall coordinate with the other units of the agency in implementing 
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this act. The composition, functions and duties of these liaison units or Committees shall 
2 
be set out in the Implementing Rules of this Act and shall be included in the Freedom of 
3 
Information Manual. 
4 
SEC. 16. Procedure of Access - (a) Any person who wishes to obtain information shall 
5 
submit, free of charge, a request to the government agency concerned personally, by 
6 
mail, or through electronic means. A person who is unable, because of illiteracy or 
7 
disability, to make a written request for information may make an oral request instead. 
8 
The public officer who receives the oral request shall reduce it to writing, indicating 
9 
therein his or her name and position within the government agency, and give a copy 
10 
thereof to the person who made the request. The request shall state the name and 
11 
preferred contact information of the requesting party, and reasonably describe the 
12 
information required, the reason for the request of the information and the preferred 
13 
means by which the government agency shall communicate such information to the 
14 
requesting party: Provided, That the stated reason shall not be used as a ground to deny 
15 
the request or to refuse the acceptance of the request, unless such request is contrary to 
16 
law. If the request is submitted personally, the requesting party shall show a current 
17 
identification document issued by any government age'ncy; or government or private 
18 
employer or school, or a community tax certificate. If the request is submitted by mail or 
19 
through electronic means, the requesting party may submit a photostatic or electronically 
20 
scanned copy of the identification, or other convenient means as determined by the 
21 
agency. 
22 
(b) The public official receiving the request shall provide reasonable assistance, free of 
23 
charge, to enable all requesting parties and particularly those with special needs, to 
24 
comply with the requirements under this Section. 
25 
(c) The request shall be duly received by the concerned government agency, which shall 
26 
forthwith indicate the date and time of receipt and the name, rank, title and position of 
27 
the receiving public officer or employee who shall likewise affix his or her signature 
28 
thereon, and shall furnish the requesting party a copy thereof. In case the request is 
29 
submitted by electronic means, the government agency shall provide for an equivalent 
30 
means by which the requirements of this paragraph shall be met. Each government 
31 
agency shall establish a system by which the status of all requests for information 
32 
received by it may be verified at any time. 
33 
(d) The request may indicate the requesting party's preferred mode and means of 
34 
receiving the information requested, provided that the mode and means are reasonable, 
35 
taking into consideration equipment normally available to the concerned government 
36 
agency. 
37 
(e) A government agency may communicate the information requested in a form other 
38 
than the preferred means whenever such preferred means would unreasonably interfere 
39 
with the effective operation of the agency, or if the agency has no capability in 
40 
communicating the information in the preferred format, or when the preferred format may 
41 
be detrimental to the preservation of the record. 
42 
(f) The government agency shall comply with such request as soon as practicable, and 
43 
in any case within fifteen (15) working days from the receipt thereof. The period may be 
44 
extended whenever the information requested requires a search of the government 
45 
agency's field or satellite offices, examination of voluminous records, the occurrence of 
46 
fortuitous events or other analogous cases. 
47 
(g) The government agency shall, in writing or through electronic means, notify the 
48 
person making the request of the extension, setting forth the reasons for such extension 
49 
and the date when the information shall be made available, which in no case shall result 
50 
in an extension of more than twenty (20) working days. 
51 
(h) Once a decision is made to grant the request, the person making the request shall be 
52 
notified of such and pay the required access and processing fees. 
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(i) If the information is not held by the government agency from which the request was 
made, it shall notify the requesting party that it does not hold the information and indicate 
which agency holds the record, if known. Whenever practicable, the agency receiving 
the request may also cause the transfer of the request to the appropriate agency that 
holds the information: Provided, That the period to comply with the request under this 
Section shall begin to run only upon the receipt of the agency to which the request is 
transferred. 
SEC. 17. Access and Processing Fees -
Government agencies may charge a 
reasonable fee to reimburse the actual cost of reproduction, copying or transcription and 
the communication of the information requested. An agency may waive the fees 
whenever it is satisfied that the requester is an indigent, or that the cost of reproduction 
is negligible, or that it is pursuant to a program for proactive disclosure. 
SEC. 18. Notice of Denial - If the government agency decides to deny the request, in 
whole or in part, it shall, as soon as practicable, and in any case within fifteen (15) 
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 indicate the name, 
rank, title or position of the person making the denial, 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 deemed a denial of the request for 
access to information. 
SEC. 19. Remedies in Cases of Denial- (a) In all government agencies other than the 
judicial branch-
(1)A denial of a request for access to information may be appealed to the Head of 
Agency, following the procedure required under Section 15 (a) (8) of this Act: Provided, 
Thalthe 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. 
(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 the 
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 of 
Court. 
(3) A party whose request for information has been denied, whether or not such decision 
has been appealed to the Head of the Agency, may file a verified petition for mandamus 
in the proper court, alleging the facts with certainty and praying that judgment be 
rendered ordering the respondent, immediately or at some other time to be specified by 
the court, to disclose the 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. 
In resolving a complaint or petition brought under paragraphs (2) and (3) hereof, 
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 the 
sufficiency of the factual and legal basis of such claim, when such sufficiency cannot be 
reasonably determined through evidence and circumstances apart from the information. 
(b) In the Judicial Branch - The Judiciary shall be governed by such remedies as 
9 


1 
promulgated by the Supreme Court. 
2 
The remedies under this section shall be sought or granted without prejudice to 
3 
any other administrative, civil or criminal action covering the same act. 
4 
The remedies available under this Act shall be exempt from the rules on non-
S 
exhaustion of administrative remedies and the application of the provisions of Republic 
6 
Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004. 
7 
In case the requesting party has limited or no. finC!ncial capacity, the Public 
8 
Attorney's Office shall be mandated to provide legal assistance to the requesting party in 
9 
availing of the remedies provided under this Act. 
10 
SEC. 20. Keeping of Records - (a) Government agencies shall create and maintain in 
11 
appropriate formats, accurate and reasonably complete documentation or records of 
12 
their organization, policies, transactions, decisions, resolutions, enactments, actions, 
13 
procedures, operations, activities, communications and documents received or filed with 
14 
them and the data generated or collected. These shall include working files such as 
15 
drafts or notes, whenever these have been circulated within the agency for official 
16 
purpose such as for discussion, comment or approval or when these contain unique 
17 
information that can substantially contribute to a proper understanding of the agency 
18 
organization, 
policies, 
transactions, decisions, 
resolutions, 
enactments, 
actions, 
19 
procedures, operations, and activities; 
20 
(b) Government agencies, in coordination with the National Archives of the Philippines, 
21 
shall identify specific and classes of official records in their custody or control that have 
22 
continuing historical, administrative, informational, legal, evidentiary, or research value 
23 
for preservation by such agencies or their legitimate successors, or for transfer to the 
24 
National Archives of the Philippines. 
25 
(c) In addition to the specific and classes of official records identified for preservation 
26 
under letter (b) of this section, the following shall not be destroyed: 
27 
(1) Records pertaining to loans obtained or guaranteed by the government; 
28 
(2) Records of government contracts involving amounts Fifty Million or more, or 
29 
related to infrastructure, public and private partnerships, utilities, or other important 
30 
projects 
31 
(3) The original declaration under oath of the assets, liabilities and net worth of 
32 
public officers and employees submitted to the Office of the Ombudsman, as required by 
33 
law, and 
34 
(4) Records of official investigations pertaining to allegations of graft and 
35 
corruption of public officers. 
36 
(d) Government agencies shall prepare, following standards and period promulgated 
37 
pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act of 
38 
2007, a records management program that includes the following: 
39 
(1) A records maintenance system for the creation, selection, classification, 
40 
indexing and filing of official records that facilitate the easy identification, retrieval 
41 
and communication of information to the public; 
42 
2) A records maintenance, archival and disposition schedule providing a listing of 
43 
records under current use for retention by the agency, for transfer to the National 
44 
Archives, or for destruction: Provided, That destruction of the official records may 
45 
be implemented only upon approval of the National Archives of the Philippines; 
46 
and 
47 
(3) Identification of the specific roles and responsibilities of agency personnel in 
10 


1 
the implementation of such system and schedule. 
2 
(e) In addition to its function as repository of all rules and regulations issued by agencies 
3 
as provided under Book VII, Chapter II of the Administrative Code of 1987, the University 
4 
of the Philippines Law Center shall, in coordination with the Office of the President Which 
5 
has exclusive editorial and printing jurisdiction over the Official Gazette, and with other 
6 
relevant agencies, maintain a database, and publish in the Official Gazette or in digital or 
7 
online form, the following: 
8 
(1) All laws of the Philippines and their amendments, from the period of the 
9 
Philippine Commission to the present; 
10 
(2) All presidential issuances from November 15, 1935 to the present, including 
11 
but not limited, to executive orders, presidential proclamations, administrative 
12 
orders, memorandum circulars, general orders, and other similar issuances; 
13 
(3) A database of all appointments and designations made by the President of 
14 
the Philippines; and 
15 
(4) Opinions of the Secretary of Justice. 
16 
SEC 21. Publication in the Official Gazette. For purposes of mandatory disclosure as 
17 
provided in Section 8 of this Act, online publication in the Official Gazette website shall 
18 
be considered official publication provided there shall be a timestamp in the said 
19 
document. 
20 
For purposes of compliance with Article 2 of the Civil Code of the Philippines, publication 
21 
of the following in the online version of the Official Gazette, with the corresponding 
22 
timestamps on the document, shall be considered as offi~ial publication: 
23 
(a) All important legislative acts and resolutions of a public nature of the Congress of 
24 
the Philippines; 
25 
(b) All executive and administrative orders and proclamations of general application; 
26 
(c) Decisions or abstracts of decisions of the Supreme Court and the Court of 
27 
Appeals or other courts of similar rank, as may be deemed by said courts of 
28 
sufficient importance to be so published; 
29 
(d) Such documents or classes of documents as the President shall determine from 
30 
time to time to have general application or which he may authorize to be 
31 
published. 
32 
However, other documents or classes of documents as may be required to be 
33 
published by law, such as petitions and/or legal notices in connection with land titles, 
34 
naturalization or special proceedings shall continue to be published in the print version of 
35 
the Official Gazette or in any newspaper of general circulation for purposes of 
36 
compliance with the publication requirement. 
37 
SEC 22. Act Not a Bar to Claim of Right to Information Under the Constitution - No 
38 
provision ofthis Act shall be interpreted as a bar to any claim of denialof the right to 
39 
information under Article III, Section 7 ofthe 1987 Constitution. 
40 
SEC 23. Separability Clause -
If any provision or part hereof is held invalid or 
41 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
42 
remain valid and subsisting. 
43 
SEC 24. Repealing Clause - All laws, decrees, executive orders, rules and regulations, 
44 
issuances or any part thereof inconsistent with the provisions of this Act, including 
45 
sections 18, 24 and 25 of Executive Order No. 292 or the Administrative Code of 1987 in 
46 
relation to Article 2 of Republic Act No. 386 or the Civil Code, Memorandum Circular No. 
47 
78 dated 14 August 1964 (Promulgating Rules Governing Security of Classified Matter in 
48 
Government Offices), as amended, and Section 3, Rule IV of the Rules Implementing 
49 
Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and 
50 
Employees), are deemed repealed. 
11 


1 
SEC 25. Effectivity Clause - This Act shall take effect fifteen (15) days after its 
2 
. publication iii at least two (2) national newspapers pf general circulation. 
12