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

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 830

introduced by Honorable Pedro P. Romualdo

EXPLANATORY NOTE

The right of the Filipino peopie to information on matters of public concern
is enshrined in the following Articles of the 1987 Philippine Constitution, to wit:

“Article Il. Sec. 28. Subject to reasonable conditions prescribed
by law, the State adopis and implements a policy of full public
disclosure of all its transactions involving public interest.

Article Ill. Sec. 7. The right of the people to information on
matters af public concern shall be recognized. Access to official
records, and to documents, and papers pertaining to official acts,
rransactions, 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.”

The rationale of these twin-provisions of the Constitution is to promote
iransparency in government policies and operations and provide the public
sufficient information on the affairs of the government. In Chavez vs. National
Housing Authority, promulgated on August 15, 2007, the Supreme Court
elucidated that only negotiations leading to the consummation of the transaction
and the contents of perfected contract can be covered by these provisions.

This is not an encompassing and blanket power given to the public for its
exercise is also subject to limitations, restrictions and prohibitions such as: non-
disclosure of intra-agency or inter-agency recommendations or communications
where the process is still being explored, privileged communication involving
national security, diplomatic and military secrets, intelligence reports, classified
information and foreign relations, or if the non-disclosure outweighs the public
interest

We should not allow unscrupulous individuals whose aims are to overthrow
the government, however, to sow chaos and increase the discoutent of the public
by allowing them access to vital information which they can distori, manipulate or



misinterpret in presenting to the public. Let us not allow self-enterprising
individuals or organizations in the guise of “public interest” to use basic
information to exact ransom, extort money or property, coerce government in
changing its policies to conform to their whims, caprices and syndicated acts, and
to harass people in government. Hence, this measure provides restrictions on the
right to access information.

While the 14" Congress version of the Freedom of Information Bill only
applies to government agencies, this proposed measure places the government
agencies on equal footing with the private institutions. Both are laden with public
interest and the public has been clamoring for a clear system in accessing
information from both the government sector and private sector, as well. The
business activities of the private sector are also the lifeblood of the government and
it is only fitting that the public be given an opportunity to access basic information
about our private institutions.

The presumption of the right to access information is clear: it dwells on the
public or the requesting party to prove that the government is not practicing
transparency and openness in its transactions. Acts of government, in particular by
the Presidency, are presumed to be consistent and in conformity with the 1987
Constitution. The same way with private institutions, it is in the best interest of
their business or entity that their actions and decisions are based on transparency
and those should be done within the confines of existing laws, policies and rules.

It is incumbent upon us to protect the sanctity of government service and
push for wansparency and good governance in government service. It also
behooves upon the private sector to do the same thing and not be cajoled or hide
under the cloak of public interest

In view thereof, approval of this bill is earnestly recommend



Republic of the Philippines
.iGUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

} 830
HOUSE BILL NO.

Introduced by Representative Pedro P. Romualdo

AN ACT
UPHOLDING THE CONSTITUTIONAL RIGHTS OF THE PEOPLE TO
INFORMATION ON MATTERS OF PUBLIC CONCERN AND FOR
OTHER PURPOSES

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

CHAPTER I
General Provisions

SECTION 1. Short Title. — This Act shall be known as the “Right to Access
Information Act of 2010."

SEC. 2. Declaration of Policy. ~ The State recognizes the right of every
Filipino to access vital information as enshrined in the fundamental law of the land
subject to certain regulations and limitations to uphold national sovereignty, in the
interest of national security, and respect for international commitments including
ueaties and covenants

‘The State also recognizes the right of the public to access vital information
from private institutions in the interest of transparency and sound management.

in the exercise of this right, it is primordial that the party in interest shall not

use the information to harass, extort, cause chaos, sow confusion and distort the


presentation of basic and vital facts which will cause and affect the integrity of our

orga

public institutions and adversely affect commercial interests of private
institutions including those serving these institutions.

SEC. 3. Coverage. — Consistent with the provisions of the Constitution, this
Act shall apply to all government agencies including government owned or
controlled corporations and private institutions including the media.

SEC. 4. Definition of Terms. ~ As used in this Act:

a. Jnformation means any record, document, report, contract, minutes of
tmicetings, tanseript of records, maps, books, photograph, film, video or audio
yecording, electronic data, computer stored data, or other similar data or material,
stored or archived in whatever format, which are made, kept or received or under
the control and custody of any government agency and private institutions pursuant

10 law, executive order, rules and regulations, ordinance or in connection with the

performance or transactions of official business by any government agency, or any
private institution;

b. Government Agency includes the executive, legislative and judicial
branches of the government 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

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 and those agencies established by
law;

©. Official Records refer to information produced or received by a public
oiticer or employee, or by a government agency in an official capacity or pursuant
to a public function or duty, and is not meant to be a stage or status of the
information:

d. Private Instiutions reter to business establishments, non-government

agencies, people’s organizations, private associations and other entities that are
registered or licensed with the Department of Trade and Industry, Securities and
Exchange Commission, Board of Investments, Philippine Economic Zone
\uthority, Philippine Stock Exchange, National Telecommunications Commission,
and such other private entities recognized by government regulatory bodies; and

e. Public Records include information required by law, executive orders,
rules. or regulations to be entered, kept and made publicly available by a
government agency

CHAPTER I

Prov

ions Pertaining to Government Institutions
SEC. 5. Duty of Government Agencies. ~ All government agencies are

required to post in their websites and in their bulletin boards general information,

lar updates and pertinent information about their operational activities and
special projects,
SEC. 6. Exceptions to Access of Information. — Exceptions to-general

s of information are:



a, information, data or communications that are classified as provided in

Section 7 of this Act;
b. Information that affects the national sovereignty and territoriality
consistent with the provisions of the Constitution or decisions of the Supreme

Court:

¢. Information that are covered by executive privilege;

d. Information that are covered by legislative immunity and privileged
communication;

e. Information that affects our national sovereignty;

f  [uformation that undermines our national security and may hamper the
capability and effectiveness of the Armed Forces of the Philippines and Philippine
National Police and its subsidiary agencies in the prevention or detection of crimes,
apprehension or prosecution of offenders and in the administration of justice;

g. Information that may prejudice existing treaties, international covenants
and which may affect the interest of the Republic of the Philippines abroad;

h. Information that may result to intentional invasion and violation of
privacy the disclosure of which would undermine the integrity and reputation of
yoverament officials and personnel;

i. Information that affects the economic interest of the Republic of the
Philippines within and outside the country;

j. Information that affects the outcome of an on-going investigation in the

Department of Justice, Ombudsman and the Judicial Department and

Constitutional Commissions;


k. Information that consists of court records which requires confidentiality
such as those that affect family members and minors or children-in-conflict with
the law, and similar cases:

| information that consists of audit information of on-going inquiry or
examination;

m. Information that may hamper the implementation of immigration controls
and border security; and

bn. Information that may prejudice the effective conduct of public affairs.

SEC. 7. Classified Information, — Classitied information shall carry the
following designations:

a. Yop Secret. Information, material or matter the unauthorized
disclosure of which will cause exceptional damage to the nation politically,

economically

or from security aspect.

b. Secret. Information, material or matter the unauthorized disclosure of
which will endanger the national security, cause serious injury to the interest or
prestige of the nation or of any governmental activity or cause great advantage to a
foreign nation,

ce. Confidential. information, material or matter the unauthorized
disclosure of which, while not endangering the national security, will be prejudicial
to the interest or prestige of the nation or any government activity, or will cause
administrative embarrassment or unwarranted injury to an individual or will give

advantage to a foreign nation.


d. Restricted. — Information, material or matter which requires special
protection other than that determined to be top secret, secret or confidential.
CHAPTER UL
Provisions Applicable to Private Institutions

Ss

C. 8. Duty of Private Institutions. — All private institutions registered in
the Securities and Exchange Commission, the Board of Investments, Department
of Trade and Industry. Philippine Economic Zone Authority, National
Yelecommunications Commission, non-government agencies, _people’s
organizations and other entities recognized by regulatory government agencies
shall be required to post in their websites and bulletin boards regular updates and

pertinent information about their business, except on matters involving:

a. Trade secrets;

b. On-going business negotiations and plans:

¢. Other business interests that may affect their financial standing, if
divulged prematurely.

SEC. 9. Exception to Disclosure of Information. — The Congress may
require the submission of vitai and confidential documents and information
through the issuance of subpoena duces recum for the production of a certified true
copy of the documents and subpoena ad testificandum to call upon a witness which
can elucidate on the information on the requisite documents consistent with its
vules and existing policies with the end in view of using this information to craft

possible legislation or to comply with its oversight functions.


The Judiciary, in pursuit of justice, due process and fair play, may require

the disclosure of these information consistent with the Rules of Courts and

jurisprudence with the end in view of expediting the disposition of cases.
CHAPTER IV

Common Provisions and Procedure in Accessing Information

10. Rights of the Requesting Party. — The requesting party has the

right to acces

information from government agencies and private institutions
through a request in writing, either by electronic mail, by post or in person, and
must state clearly the reasons for accessing the documents or communications
being requested. It shall also sign a waiver that the information or communication
from the government agency or private institution will not be used for propaganda
or media mileage or will not be in violation of any provisions of this Act

The requesting party must also be willing to pay reasonable reproduction
fees for the documents being requested which can be claimed in person or through
an authorized representative duly presenting valid identification and a written
aulliorization form.

In case of voluminous documents and electronic formats, the government
agency has the option to release it on either hard copy or soft copy with approval
of the head of agency or private entity.

SEC. 11. Contents of Request. — Any person requesting any information
from a government agency or private institution shall provide the following:

a. Name and contact details of the requesting party; ~

b. Specifie documents being requested;


¢. Specific purpose and application of the documents being accessed: and

d. A signed waiver that any information gathered after prior access is
allowed will not be used for propaganda or media mileage.

SEC. 12. Responsibility of the Government Agency or Private Institution. —

the government agency and private institution shall evaluate and determine the

true intent of the requesting party and may approve if the request is:
a. Complete as to form and purpose;

b. Consistent with the provisions of this Act;

e

In case of court record, not violative of the rule on sub judice,
d. Not frivolous in nature;

e, Not malicious in character, and

£ In conformity with existing policies of the agency.

The government agency or private institution may, however, deny the

request if it appears upon its face that the request is whimsical or frivolous.

The requesting party shall be informed within fifteen (15) working days
upon receipt of the application of the status of the request to access information
etther by post or electronic means. It shall cite the applicable reason for its
approval or denial. If approved, it shail state the date when the documents will be
made available and the person authorized to release said documents. It shall also
staic the fees to be paid for the reproduction of the documents and the procedure of

ayment which may be made either through banks or in cash.

If the request is denied, the government agency shall state the reason for its
denial and specify the applicable exemption. Failure on the part of the requesting

party to clearly identify the documents requested and to provide the necessary


information on the requesting form will automatically result in the denial of the

request in writing and shall be considered sufficient compliance by the government

nicy with the provisions of this Act. The authorized personnel shall have no

liability whatsoever for the failure of the party requesting the information to state
the complete details of his request

The government agency shall not entertain a subsequent identical or
substantially similar request from the same person or from his or her organization
or olfive, if it is found from the records that such request was already granted to the
same party or parties within one year from the filing of a previous request

in case no decision has been reached on the request, the government agency
shall indicate the reason and must state the approximate working date by which the

gency expects that such decision shall be reached.

The burden of proof that the information being requested is not covered
ander Sections 6 or 7 hereof rest solely on the requesting party. The only remedy
available to him or her ts to go to court and submit substantive proof or evidence

that the information does not fall under Sections 6 or 7 of this Act.

CHAPTER V

SEC, 13. Sanctions Against Erring Personnel of Government Agencies. ~
The following penalties and fines shall be imposed on any erring authorized
personnel of the government who will not comply with the provisions of this Act:

a, Any public official or personnel who delays the retrieval and release of

the information required shall be punished with a suspension of one (1) month


without pay, subject to the rules on administrative suspension and due process and
shall also shoulder the reproduction fees of the information requested:

b. Any public official or personnel who refuses to comply with this Act for
(wo or more times shall be punished with a suspension of two (2) months without
pay. subject to the rules on administrative suspension and due process and shall
also shoulder the reproduction fees of the information requested;

¢. Any public official or personnel who divulge any information that is
covered by the exceptions to general disclosure tule provided in Section 6 hereof,
shall be dismissed from the service and shall be punished with perpetual
disqualification from the service and shall not be entitled to any benefits
whatsoever;

d. Any public official or personnel who conceals, fabricates or willingly
withholds vital information not covered under Section 6 hereof, shall be dismissed

from the service and shall be punished with perpetual disqualification from the

servi

and shall not be entitled to any benefits whatsoever.

‘The erring personnel may file an appeal at the Civil Service Commission on

spension or dismissal from the service.
The requesting party has the prerogative to file a separate case at the
Ombudsman against the erring personnel.
SEC. Id. Sanctions Against Erring Personnel of Private Institutions. -
Authorized personnel of private institutions shall be subjected to their internal rules

om suspension and dismissal from service for acts of dishonesty, negligence and


excessive delay in attending to the request to access information. The erring
personnel shall also be liable as follows:

a. Any erring personnel of the private institution shall be punished with a
tine of Five thousand pesos (75,000.00) for failure to act timely on a valid request
for information and such fine will be automatically deductible from his salary after
due process has been complied with. He shall also shoulder the cost of
reproduction of said information;

b. Any erring personnel of the private institution shall be punished with a
fine of Ten thousand pesos (<710,000.00) for repeatedly refusing to process the
request which does not fall under Section 6 of this Act, such amount to be
deducted automatically from his salary after due process has been complied with.
lie shall also shoulder the cost of reproduction of said information.

¢. Any erring personnel shall be punished with a fine of Twenty thousand
pesos (. 20,000.00) but not more than Fifty thousand pesos (7) 50,000.00) if the
court finds that he has concealed or withheld vital information that is not covered
under the exceptions provided in Section 6 hereof,

d. Any erring personnel shall be punished with a fine of Fifty thousand
pesos (. 150,000.00} but not more than One hundred thousand pesos ({/ 100,000.00)
if the court finds that he has fabricated or manufactured the information released to

the request

e party;
e. The private institution, through its president, chief executive officer,
weasurer or any other responsible officer, shall be liable for the acts of its

personnel and shall be subject to suspension of license, franchise or local permits if


found by the courts to have violated any provision of this Act and was in

connivance with its authorized personnel for the concealment, fabrication or
withholding of vital information and shall also be subject to a fine of Five hundred
thousand pesos (:/500,000.00) but not more than Two million pesos
( 2,000,000.00).

SEC. 15. Sanctions Against Any Person. for the Misuse, Abuse,
Exploitation or Mistreatment of Information. — Any person found to have misuse,
abuse, exploit, mistreat, distort, negligent in handling the information, or
deliberately withhold vital information released under this Act by any government
agency or private institution shall be punished with:

a) a fine of Fifty thousand pesos (£150,000.00) but not more
than one hundred thousand pesos (100,000.00) for its
first offense;

b.) a fine of one hundred thousand pesos (1'100,000.00) but
not more than two hundred thousand pesos (/:200,000.00)
for its second offense;

©) a fine of two hundred thousand pesos (1'200,000.00) but
not more than five hundred thousand pesos (/1500,000.00)
for its third offense and perpetual disqualification in

government service for its dishonesty.


‘The chairman, president or chief executive officer, or any other responsible
officer of the company or business entity of the requesting party or end-user of the
information, shall be liable for the acts of its personnel and shall be subject to:

a.) suspension of license, franchise or local permits if found by the courts to
have violated any provision of this Act and was in connivance with its authorized
personnel for the misuse, abuse, exploitation, mistreatment, or deliberately
withholding of vital information and shall also be subject to a fine of One hundred
thousand pesos (\ 100,000.00) but not more than Two hundred thousand pesos
(. 200,000, 00) for its first offense;

b.) one (1) year suspension of license, franchise or local permits if found by
uie courts to have violated any provision of this Act and was in connivance with its
authorized personnel for the misuse, abuse, exploitation, mistreatment, or
Ueliberately withholding of vital information and shall also be subject to a fine of
One hundred thousand pesos (: 100,000.00) but not more than Two hundred
thousand pesos (200,000.00);

¢.) revocation of license, franchise or local permits if found by the courts to
have violated any provision of this Act and was in connivance with its authorized
personnel for the misuse, abuse, exploitation, mistreatment, or deliberately
withholding of vital information and shall also be subject to a fine of Two hundred.
thousand pesos (:'200,000.00) but not more than Five hundred thousand pesos

( 500,000.00).


SE

. 16. Fines Collected. — The fines collected under Sections 13 and 14
shall be placed in a trust fund under the Department of Education which shall be
exclusively used for the purchase of chairs and computer equipment for public
clementary and secondary schools in sixth class municipalities in the country

Proper disposition of funds under existing accounting and auditing rules shall

apply. The Department of Budget and Management, the Department of Education

and a representative from the Judicial Department shall draft the implementing

rules and regulations on this Section.

CHAPTER VI

Implementation Stage

. 17. Implementation Requirements. ~ For the effective implementation
of this Act, all government agencies and private institutions shall prepare a manual

‘on information ae

s to properly guide the agency and the public on the procedure
on how to obtain information.

The manual shall include the following vital information:

a. ne location, contact details of the government agency or private

institunon and its organizational structure and the proper person in authority to

ge the request;
b. The mission statement, character and nature of service or business of the
government agency or private institution:

¢.| A description of the record-keeping system and the persons or office that

will handle the implementation of this Act;

14


d. Detailed procedure as to how to access the information and the process

of facilitating the request;

e. Schedule of fees and payment procedures; and

© Such other information that will guide and direct the public in their
request to access information.

SEC. 18. Schedule of Implementation. The provisions of this Act shall be
fully implemented after a period of three (3) years from the approval of this Act.
\Il existing policies of government agencies and private institutions in the access
and retrieval of documents and information shall remain in full force.

During the three (3) year period from the approval of this Act, all

sovernment agencies and private institutions shall complete and publish their

manual of procedures. It shall also establish, if in ‘nt at this time, an office in
the records bureau or department which will handle the request, retrieval of
formation and release of information to comply with the provisions of this Act

fhe budget for the manual and additional personnel will be charged to the
current budget of the government agency on the year this Act is approved. On
subsequent years, the staff requirement shall be incorporated in the regular budget
of the agency

All private entities are given the leeway to use its resources to comply with
this Act and charge the same in accordance with existing accounting and auditing
rules and regulations.

CHAPTER VIL

Final Provisions


SEC. 19. Separability Clause. ~ If, for any reason, any section or provision
of this Act is held unconstitutional or invalid, the provisions not affected thereby
shail remain in full force and effect.

SEC. 20. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of this
Aci, particularly Section 3, Rule EV of the Rules lmplementing Republic Act No

713, otherwise known as the “Code of Conduct and Ethical Standards for Public

Orficiats and Employees,” are deemed repealed, or modified accordingly.

SEC. 21. Effectivity. ~ This Act shall take effect fifteen (15) days after its

blication in at least wo (2) national newspapers of general circulation.

Approved,