* RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. (G8

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

Explanatory Note

As a manifestation of support to this timely piece of legislation, this
representation respectfully refiles this bill, which has constantly been receiving
support from the past (Rep. Raul Del Mar’s HB00032, Rep. Karlo Nograles and
Rep. Jericho Nograles’ HB00063, and Rep. Alfred Vargas’ HB00075, among others)
and present congress.

The right to information is enshrined in the Bill of Rights:

“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 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.”
(Article III Section 7 of the 1987 Constitution).

Despite the Constitutional recognition and laws implementing the right to
information, there is still a need for further legislation in order to set the
parameters and mechanisms for information access.

The proposed legislation aims to further promote a culture of democracy,
transparency, accountability, and good governance in the government by ensuring
that the there is an adequate system in place to recognize and affirm the people’s
right to information on matters of public concern. An adequate system is achieved
through the introduction of new parameters and mechanisms concerning
information access (e.g. the creation of the Freedom of Information Manual), as
well as strengthening existing practices (e.g. improving the different facets of
adhering to the Anti-Red Tape Act of 2007, SALN disclosure, and maintaining
government websites). The proposed legislation also introduces administrative
sanctions and/ or criminal liability against any public office or employee who shall
violate the provisions of the act.

In view of the foregoing, the passage of this measure is earnestly sought.

JOHN ‘IN iL SERVO” NIETO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4673

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT
STRENGTHENING 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:

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

SEC. 2. Declaration of Policy. - The State recognizes the right of the
people to information on matters of public concern, and adopts and implements a
policy of full public disclosure of all its transactions involving public interest,
subject to the procedures and limitations provided by this Act. This right is
indispensable to the exercise of the right of the people and their organizations to
effective and reasonable participation at all levels of social, political and economic
decision-making.

SEC. 3. Coverage.- This Act shall cover all government agencies, to refer
to the executive, legislative and judicial branches as well as the constitutional
bodies of the Republic of the Philippines, including, but not limited to, the national
government and all its agencies, departments, bureaus, offices and
instrumentalities, constitutional Commissions and constitutionally mandated
bodies, local governments and all their agencies, regulatory agencies, chartered
institutions, government-owned or -controlled corporations, including wholly—
owned or controlled subsidiaries, government financial institutions, state
universities and colleges, the Armed Forces of the Philippines, the Philippine
National Police, all offices in the Congress of the Philippines including the offices of
Senators and Representatives, the Supreme Court and all lower courts established

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

(a) Information refers to data that have been processed into a
record, document, paper, report, letter, contract, minutes and
transcripts of official meetings, maps, books, photographs, data,
research materials, in whatever form, or films, sound and video
recordings, magnetic or other tapes, electronic data, in whatever
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

2


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performance or transaction of official business by any government
agency.

(b) Official record refers 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. This shall not refer
to the stage or status of the information.

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

(d) Dataset refers to an organized collection of data in a variety of
forms, including tabular, geospatial, or image data files.

(e) Machine-readable refers to formats that allow the data to be
‘extracted and processed by computer programs.

(f) Open format refers to one that is platform independent,
machine readable, and made available to the public without
restrictions that would impede the re-use of that information.

SEC. 5. Access to Information. - Every person who is a 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 and public officials shall
have the duty to disclose and make available 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 is 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.

Nothing herein contained shall allow private acts, transactions or records of
public officials and private individuals to be the subject of mandatory disclosure
under this Act: Provided, however, that income tax returns, and statement of
assets, liabilities and net worth (SALN) of public officials shall be released subject
to existing laws, rules and regulations: Provided, further, That the limitations and
prohibitions to make available to the public the SALN shall not apply when upon
order of the Sandiganbayan, it has been established that there is probable cause
related to the commission of an offense.

SEC. 6. Presumption. - There shall be a legal presumption in favor of
access to information. The request for information may be denied only if it clearly
falls under the exceptions provided under this Act. Accordingly, government
agencies shall have the burden of proving that the information requested is
exempted from disclosure.

SEC. 7. Exceptions. - Access to information shall be granted unless:
(a) The information is specifically authorized to be kept secret under

guidelines established by an executive order, and properly classified
pursuant thereto: Provided, That 1) The information directly relates


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to national 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 shall unduly weaken the negotiating position of the
government in an ongoing bilateral or multilateral negotiation or seriously
jeopardize the diplomatic relations of the Philippines with one or more states:
Provided further, That the executive order shall specify the reasonable period after
which the information shall be automatically declassified or be 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 and advice given
and opinions expressed during decision-making or policy
formulation, invoked by the Chief Executive to be privileged 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 would:

() unduly compromise or interfere with any legitimate military or
law enforcement operation; or

(ii) unduly compromise or interfere with the prevention, detection
or suppression of criminal activity, the effective
implementation of immigration controls and border security;
or

(iii)deprive a person of a right to a fair trial or an impartial
adjudication; or

(iv)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

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

of the law; or


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(vijendanger the life or physical safety of any individual;

(d) The information requested consists of drafts of the following:
orders, resolutions, decisions, memoranda or audit reports by any
executive, administrative, regulatory, constitutional, judicial or
quasi-judicial body in the exercise of their adjudicatory and/or audit
function;

(e) The information requested is obtained by any committee of
either House of Congress in executive session;

(f) The information requested pertains to personal information of a
natural person, whether from the public or the private sector, and
its disclosure would constitute an unwarranted invasion of personal
privacy. This may Include signatures, addresses, telephone
numbers, identification numbers, names of family members, race or
ethnicity, religion, health, education, sexual orientation, and similar
information, unless such information is specifically required by law
to be entered into an official record and made available to the
public, or the person has consented in writing to the disclosure of
the information. To the extent required to prevent an unwarranted
invasion of personal privacy, an agency may redact such
information from a record made available to the public. However,
the justification for the deletion shall be explained fully in writing,
and the extent of such deletion shall be indicated on the portion of
the record which is made available or published;

(g) The information requested pertains to trade secrets and
commercial or financial information or intellectual property obtained
from a natural or juridical person other than the requesting party,
whenever the revelation thereof would seriously prejudice the
interests of such natural or juridical person in trade, industrial,
financial or commercial competition;

(h) The information is classified as privileged communications in
legal proceedings by law or by the Rules of Court, unless the person
entitled to the privilege has waived it;

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

(j) The information is of a nature that its premature 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 rates, securities, or
the commodities market or, in the case of other government
agencies, likely frustrate the effective implementation of a proposed
Official action: Provided, That the information shall be accessible
once the anticipated danger has ceased.

(k)The information has already been made accessible as provided for
in Section 12.


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BYRRESSSSSRSE

Semi sHsAENHSS

For paragraphs (c) to (k) of this section, the determination whether any of
these grounds shall apply shall be the responsibility of the head of office of the
government agency in custody or control of the information, or any responsible
central or field officer/s duly designated by him.

SEC. 8. Qualifications to the Exceptions.

(a) The exceptions in the Preceding section shall be strictly
construed;

(b) The exceptions cannot be invoked to cover-up a crime,
wrongdoing, graft, or corruption;

(c)Whenever the information covered by an exception may be
reasonably severed from a record, the record shall be released with
the exempt information redacted, or the information not covered by
the exception shall otherwise be communicated to the requesting

party;

(d)_ 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; and

(e) 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.

SEC. 9. Mandatory Disclosure of Information.

(a) In fulfillment of Article XI, Section 17 of the Constitution the

following national officials shall provide to the public, through the

websites of their respective offices, their Statement of Assets,

Liabilities, and Net worth (SALN) on an annual basis, subject to

Section 5 and Section 7(f) of this Act:

(i) the President;
(ii) the Vice-President;
(iii) the Members of the Cabinet;

(iv) the Members of the Senate and the House of
Representatives;

(v) the Justices of the Supreme Court;

(vi) the Commissioners of the Constitutional Commissions and
other constitutional offices; and

(vii) officers of the Armed Forces with the rank of general or the
equivalent flag rank.


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(b) All agencies of all branches of government shall publish on their
websites and update on a monthly basis, a register of the following:

(i) Freedom of Information Manual in full;

(ii) 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;

ubstantive 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;

(iv)Public interest documents or records, including:

a

. Annual Budget of Government Agencies

XN

'. Itemized Monthly Collections and Disbursement

»

Summary of Income and Expenditures

4. Component of the Internal Revenue Allotment (IRA)
Utilization

bal

Annual Procurement Plan and Procurement List

a

. Items for Bidding
7. Bid Results on Civil Works, and Goods and Services
8. Abstract of Bids as Calculated

9. Procurement contracts entered into by a government
agency

10. Construction or concession agreements or contracts
entered into by a government agency 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 otherwise known as the
Philippine BOT Law, as amended by Republic Act No.
7718;

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;


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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;

15. Statement of Assets and Liabilities of the public
officers of the government agency; and

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

register shall contain a brief description of the transaction involved,

including 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 published in full on the website of the

concerned

government agency or the Official Gazette Online subject to the

succeeding section. A covered record shall be enrolled in the register not later than
30 working days from its perfection or issuance.

SEC.

(c) All government agencies shall, over time, endeavor and build their
capacity and practice to publish in full all other contracts, agreements,
or treaties covered under this Section, especially 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.

(d) Should an agency lack the capacity to comply with the website
Publication requirement of this section, the agency shall initiate a
capacity-building program, coordinate with another appropriate
agency, or use an alternative mechanism, to facilitate substantive
compliance not later than three (3) years from the effectivity of this
Act.

10. Promotion of Openness in Government.

(a) Duty to Publish Information -Government agencies 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:

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

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

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


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(iv)Work programs, development plans, investment plans,
projects, performance targets and accomplishments, and
budgets, revenue allotments and expenditures;

(v) Important rules and regulations, orders or decisions:
Provided, that they be published within fifteen (15) calendar
days from promulgation;

(vi)Datasets generated in the implementation of agency
mandates, programs, activities, and projects such as
statistics, figures, and geospatial data, among others;

(vii) Current and important database and statistics that it
generates;

(viii) Bidding processes and requirements; and

(ix)Mechanisms or procedures by which the public may
Participate in or otherwise influence the formulation of policy
or the exercise of its powers.

(b) Accessibility of Language and Form - Every government agency
shall endeavor to translate key information into major Filipino
languages and present them in popular form and means.

SEC. 11. 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 provide appropriate support for their development and full compliance with
the requirements of this Act.

SEC. 12. Exemption from Compliance. - The government agency shall be
excused from complying with a subsequent identical or substantially similar
request from the same requesting party where it has previously complied with a
request for information unless a reasonable interval has lapsed between
compliance with the previous request and the making of the current request:
Provided, That the government agency complies with Section 20 of this Act.

SEC. 13. Additional Protection of Privacy. - While providing for access to
information in public records, this Act also affords full protection of the right to
privacy of individuals, as follows:


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(a) 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 custody of the agency, must not disclose that
information except as authorized under this Act.

SEC. 14. Administrative Liability. - The acts enumerated in this section
shall be tantamount to gross neglect of duty 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 18 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)Claim an exception under Section 7 of this Act when the claim is
manifestly devoid of factual or legal basis;

(d) Refusal to comply with the decision of immediate supervisor, the
Ombudsman, or of any court ordering the release of information;

(e) Approval of policies, rules and regulations manifestly 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. 15. Criminal Liability.
(a) The following acts shall be subject to the penalty of
imprisonment of not less than one (1) month but not more than six
(6) months, with the accessory penalty of dismissal from service:

i, Falsely denying or concealing the existence of information
mandated for disclosure under this Act; and

li, Destroying, or causing to be destroyed, information and/or
documents being requested under this Act, for the purpose of
frustrating the requesting party's access thereto.

(b) Any private individual who knowingly induced or caused the
commission of the foregoing acts shall be liable as principal by

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inducement in the prosecution of public officials or employees under

this

section.

(c)The acts under paragraph (a) of this section, if proven in an
administrative proceeding, shall be subject to the penalty of
dismissal, even if no criminal prosecution is instituted against him.

SEC 16. Denial 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 administrative or criminal liability.

SEC. 17. Freedom of Information (FOI) Manual.

(a) For the effective implementation of this Act, all government
agencies shall prepare a Freedom of Information (FOI) Manual,

setti

ing forth the following:

i. The location and contact information of the head, regional,

vi.

vii.

vill.

provincial and field offices of the agency, and other
established places where the public can obtain information or
submit requests;

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

A description of its record-keeping system;

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

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

The standard forms for the submission of request and for the
Proper acknowledgement of the request;

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 and the decision-making process for the
grant or denial of the request;

The procedure for the administrative appeal of any denial for
access to information;

. The schedule of service or processing fees pertinent to a

request for information;

. The process and procedure for the mandatory disclosure of

information under Section 9 of this Act: Provided, That,
should the agency lack the capacity to comply with Section 9
of this Act, a brief description of its plan to facilitate
compliance within three (3) years from the approval of this
Act; and

1


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

(b) The FOI Manual shail also be posted in the agency website and a
hard copy shall be available at the agency reception area for use by
the public;

(c)In no case shall the absence of the aforementioned FOI 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 which shall coordinate with
the other units of the agency in implementing this Act. The
composition, functions, and duties of these liaison units or
Committees shall be included in the FOI Manual.

SEC. 18. Procedure of Access.

(a) | Any person who wishes to obtain information shall submit, free
of charge, a request to the government agency concerned
personally, by mail, or through electronic means. A person who is
unable, because of illiteracy or disability, to make a written request
for information may make an oral request instead. The public officer
who receives the oral request shall reduce it to writing, indicating
therein one's 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 the
request is contrary to law. If the request is submitted personally,
the requesting party shall show a current identification document
issued by any government agency, or government or private
employer or school, or a community tax certificate. If the request is
submitted by mail or through electronic means, the requesting
party may submit a photo static or electronically scanned copy of
the identification, or other convenient means as determined by the

agency.

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

(c)The request shall be duly received by the concerned government
agency, which shall forthwith indicate the date and time of receipt
and the name, rank, title and position of the receiving public officer
or employee who shall likewise affix one's signature thereon, and

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shall furnish the requesting party a copy thereof. 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 by which the status of all requests for
information received by it may be verified at any time.

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

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

(f) The government agency shall comply with the 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 occurrence of fortuitous events or other analogous
cases.

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

(h) Once a decision is made to grant the request, the person making
the request shall be notified of such and pay the required access
and processing fees.

(1) 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. 19. 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.

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696
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"43

45
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SEC. 20. 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. 21.Remedies in Cases of Denial.
(a) In all government agencies other than the judicial branch:

() A denial of a request for access to information may be
appealed to the Head of Agency, following the procedure
required under Section 17 (a) (8) of this Act: Provided, That
the appeal must be filed within fifteen (15) calendar days
from the receipt of the notice of denial and m decided within
fifteen (15) calendar days from filing. Failure to resolve the
appeal within the aforementioned period shall constitute a
denial of the appeal.

(ii) A 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. 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.

(iiiJA_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 the sufficiency cannot be reasonably determined through evidence and
circumstances apart from the information.

(b) In the Judicial Branch - The Judiciary shall be governed by
remedies as promulgated by the Supreme Court.

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8

0
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2

The remedies under this section shall be sought or granted without prejudice
to any other administrative, civil or criminal action covering the same act.

The remedies available under this Act shall be exempt from the rules on
Nnon-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.

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 requesting
Party in availing of the remedies provided under this Act.

SEC. 22. Keeping of Records.

(a) Government agencies shall create and maintain in appropriate
formats, accurate and reasonably complete documentation or
records of their organization, policies, transactions, decisions,
resolutions, enactments, actions, Procedures, operations, activities,
communications and documents received or filed with them and the
data generated or collected. These shall include working files such
as drafts or notes, whenever these have been circulated within the
agency for official purpose such as for discussion, comment or
approval or when these contain unique information that can
substantially contribute to a proper understanding of the agency
organization, policies, transactions, decisions, __ resolutions,
enactments, actions, procedures, operations, and activities;

(b) | Government agencies, in coordination with the National Archives
of the Philippines, shall identify specific and classes of Official
records in their custody or contro! that have continuing historical,
administrative, informational, legal, evidentiary, o for preservation
by such agencies or their legitimate successors, or for transfer to
the National Archives of the Philippines.

(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:

() Records pertaining to loans obtained or guaranteed by the
government;

(ii) Records of government contracts involving amounts Fifty
Million or more, or related to infrastructure, public and private
partnerships, utilities, or other important projects;

Gii)The original declaration under oath of the assets, liabilities
and net worth of public officers and employees submitted to
the Office of the Ombudsman, as required by law, and

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


803
805

807
808
809
810
811
812
813
814
815
816
817
818
819
820
821

822
823
824

825
826
827

828
829

830

331

332

333

334,

335

336

337

38

39

(d) Government agencies shail 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 program that includes the following:

@ 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;

(i) 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

(iii)Identification of the specific 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 in the Official Gazette or in digital or online
form, the following:

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

(ii) All presidential issuances from November 15, 1935 to the
Present, including but not limited, to executive orders,

presidential Proclamations, administrative orders,
memorandum circulars, general orders, and other similar
issuances;

(iii)A database of all appointments and designations made by the
President of the Philippines; and

(iv)Opinions of the Secretary of Justice.

SEC 23.Publication in the official Gazette.- For purposes of mandatory
disclosure as provided in Section 9 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,
following in the online version of the Official Gazette, with the corresponding
timestamps on the document, shall be considered as official publication:


856
857
858
859

(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 or other courts of similar rank, as may be deemed
by said courts of sufficient importance to be so published;

(d) Such documents or classes of documents as the President shall
determine from time to time to have general application or which
he may authorize to be published.

However, other documents or classes of documents as may be required to
be published by law, such as petitions and/or legal notices in connection with land
titles, naturalization or special proceedings shall continue to be published in the
print version of the Official Gazette or in any newspaper of general circulation for
purposes of compliance with the publication requirement.

SEC 24. Act Not a Bar to claim of Right to Information Under the
Constitution. - No provision of this Act shall be interpreted as a bar to any claim
of denial of the right to information under Article III, Section 7 of the 1987
Constitution.

SEC.25. Publication of Government Data in the Open Data Philippines
Website.- For the purpose of enhancing the public's access to government
information and abiding by the Philippines’ international commitments to
transparency and government openness, all government agencies shall publish in
the Open Data Philippines website datasets generated in the implementation of
agency mandates, programs, activities, and projects. These datasets shall be
updated, whenever permissible, at least once every quarter of the year.

The Open Data website shall be maintained and administered by an Open
Data Task Force under the Office of the President, or any such similar body
designated by the President for this purpose.

For the purpose of making government data more accessible to the public,
all datasets published on the Open Data Philippines website and on LGU websites
as mandated in Section 9 of this Act shall be, whenever practicable, of a machine—
readable and open format.

SEC. 26. Tracking Requests for Information.— Websites of government
agencies matrix of requests made, their status, and the decision regarding the
request. The matrix shall also contain links to uploaded information from approved
requests. In such cases where requests are denied, the matrix shall contain the
reasons for denial and the status of the appeal if such Is done.

SEC. 27. Release to One, Release to All.- For purposes of streamlining
requests for information, once an information has been made available to an
individual through a request for information, the said dataset shall also be
published in an appropriate website such as, but not limited to, the Open Data
Philippines website, Official Gazette website, Departmental website, or Local

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Government website thus allowing the public access to all information that has
been requested.

SEC 28. Integration of Freedom of Information (FOI) and Good
Governance In Elementary and Secondary Curriculum. -To ensure well-
informed generations of citizens, the right to information, the principles of
accountability and transparency, democracy and leadership, and good governance
shall be integrated in such subjects as Heyograpiya, Kasaysayan at Sibika
(HEKASI) and Araling Panlipunan in the elementary level and in such subjects as
Social Studies and Makabayan or its equivalent subjects in high school level. The
Department of Education in coordination with the Civil Service Commission and
other relevant offices shall prepare the necessary modules and teaching programs
consistent with the objectives of this Act.

SEC 29.Annual Reports on Actions Taken on Requests for Access to
Information.- Ail government agencies shall prepare, for each fiscal year, a
report on the number of requests for information they received, processed,
granted and denied; of appeals made from denials of such requests; and of
pending court actions they are a party to as result of such requests. These reports
may be integrated in the main annual reports of government agencies and may be
posted and published in their respective websites.

SEC. 30. Appropriations. - The amount necessary to carry out the
provisions of this Act shall be charged against those authorized in the current and
subsequent General Appropriations Acts.

SEC 31. Separability Clause.- If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby
shall remain in full force and effect.

SEC 32. 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 on Operation and Effect of Laws, 24 and 25 on the
Contents, Editing and Publications of the Official Gazette, Book I, of Executive
Order No. 292 or the Administrative Code of 1987 in relation to Article 2 on Effect
and Application of Laws of Republic Act No. 386 or the Civil Code, Memorandum
Circular No. 78 dated 14 August 1964 (Promulgating Rules Governing Security of
Classified Matter in Government Offices), as amended, and Section 3, Rule IV of
the Rules Implementing Republic Act No. 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees), are deemed repealed: Provided,
That Memorandum Circular No. 78 shall be deemed repealed after one (1) year
from the effectivity of this Act or upon issuance of the Executive Order in Section

7(a).

SEC 33. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette in at least two (2) national newspapers
of general circulation.

Approved,