Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
EXPLANATORY NOTE 
The 1987 Constitution, Article 3, Section 7 recognizes the right of every Filipino to access 
information on matters of public concern. It further adds, “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.” 
Freedom of information enables the people to make informed opinions and participate in 
the decision-making process of the government for the betterment of the country. 
Moreover, it upholds transparency by directing government agencies to disclose 
information about government transactions and operations that involve public interest, 
allowing the public to check any abuses of power by leaders whom they have elected in 
office and promoting a true sense of democracy. 
This bill proposes that the government agencies shall make available the information upon 
the request of any citizen at no cost and in an accessible form, consistent with the 
provisions of Republic Act No. 9485, or the Anti-Red Tape Act of 2007. Moreover, it 
mandates all government agencies to formulate their Freedom of Information Manual 
which shall guide and assist the public in the processes and procedures relative to their 
request for access to information. Notwithstanding, the bill proposes the creation of a 
records management system that affords full protection of the right to privacy of 
individuals.  In essence, this bill aims to encourage the Filipino people to exercise their 
right to information to increase public trust and promote accountability in the government. 
In view of the foregoing, the approval of this bill is earnestly sought. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
September 27, 2022
10:31 am
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
AN ACT 
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE 
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY IN 
THE PUBLIC SERVICE AND FOR OTHER PURPOSES 
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." 
SECTION 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. It is likewise a declared policy of the state to promote the 
meaningful and increased participation of the people in government decision-making and 
public accountability. 
Public officials and employees, in the performance of their duties under this Act, as 
well as citizens in the exercise of their rights under this Act, shall handle information kept or 
obtained under this Act fairly, lawfully and with due regard to the full protection of the right 
to privacy of individuals. 
SECTION 3. Definition of Terms. — As used in this Act: 
(a)
Information — shall mean any public and/or official record, document,  paper, report,
letters, contract, minutes and transcripts of official meetings, maps, books,
photographs, data, research material, film,  audio and video recordings, magnetic or
other tapes, electronic data, computer stored data, or other like or similar data or
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material of public concern recorded, stored or archived in whatever form or format, 
which are made, received or kept in or under the control and custody of any 
government agency pursuant to law, executive order, rules and  regulations, ordinance 
or in connection with the performance or  transaction of official business by any 
government agency. 
(b)  Official record/records — shall refer to information, in final form 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. 
(c)  Public record/records — shall include information required by law, executive orders, 
rules, or regulations to be entered, kept and made publicly available by a government 
agency. 
(d)   Public service contractor — shall be defined as a private entity that has a dealing, 
contract or transaction of whatever form or kind with the government or a government 
agency/office that utilizes public funds. 
(e)  Personal information — shall refer to any information whether recorded in a material 
form or not from which the identity of an individual is apparent or can be reasonably 
and directly ascertained by the entity holding the information or when put together with 
other information would directly and certainly identify an individual. 
(f)   Sensitive persona/ information — shall refer to personal information:  
(1)  about an individual's race, ethnic origin, marital status, age, color and religious, 
philosophical or political affiliations; 
(2) 
about an individual's health, education, genetic or sexual life of a person or to 
any proceeding for any offense committed or alleged to have been committed by 
such person, the disposal of such proceedings, or the sentence of any court in 
such proceedings; 
(3)  issued by government agencies peculiar to an individual which includes, but not 
limited to, social security numbers previous or current health records, licenses or 
its denials, suspension or revocation and tax returns; and 
(4) 
specifically established by an executive order or an act of Congress to be kept 
classified. 
(g)  Personal Data — refers to all types of personal information. 
(h)  Privileged Information — refers to any and all forms of data, which, under the Rules of 
Court and other pertinent laws, constitute privileged communication. 


 
SECTION 4. Coverage. — This Act shall cover all government agencies. Government 
agency or agencies shall include the executive, legislative and judicial branches as well as 
constitutional bodies of the Republic of the Philippines including, but not limited to, the 
national government and all its agencies, departments, bureaus, offices and 
instrumentalities, constitutional commissions and constitutionally mandated bodies, local 
governments and all their agencies, regulatory agencies, chartered institutions, 
government-owned or -controlled corporations (GOCCs), including wholly-owned or 
controlled 
subsidiaries, 
government 
financial 
institutions 
(GFIs) 
government 
instrumentalities with corporate powers (GIO), government corporate entities (GCE), and 
non-chartered GOCCs, and state universities and colleges. 
 
SECTION 5. Access to Information. — Every Filipino citizen has a right to and shall, on 
request, be given access to any information of public concern under the control of a 
government agency regardless of the physical form or format in which they are contained 
subject only to the exceptions enumerated in Section 7 of this Act. 
 
SECTION 6. Presumption. — There shall be a legal presumption in favor of access to 
information. No request for information shall be denied unless it clearly falls under the 
exceptions provided under this Act. Accordingly, government agency shall have the burden 
of proof of showing by clear and convincing evidence that the information requested is 
exempted from the disclosure by this Act. 
 
SECTION 7. Exceptions. — Access to information shall be granted unless: 
(a) The information is specifically authorized to be kept confidential under guidelines 
established by an Executive Order, and in fact properly classified 
pursuant thereto: Provided, That: 
(1)  The information directly relates to national security or defense and its revelation 
may cause 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 any state, or prejudice the entrusting 
of information to the Republic of the Philippines on a basis of confidence by the 
government of any other country or any international organization:  
Provided, that sufficient information is disclosed to afford reasonable public 
participation in government decision-making on bilateral and multilateral 
agreements: Provided, further, That the head of the department or agency having 
custody or possession of such information, shall keep under continuing review all 
classified information in his custody and may direct the declassification review of 
such review as needed. Declassification of the information shall be subject to the 
approval of the President. 
 
(b) The information consists of minutes or records of advice given or of opinions expressed 
during decision-making or policy formulation including exchanges when the chief executive 
was not present, if invoked by the chief executive to be part of presidential communications 
privilege. Whenever disclosure would significantly undermine the free and frank provision 
of advice or exchange of views: Provided, that an executive order shall be issued specifying 
the reasonable period after which information invoked to be privileged under this paragraph 
shall be made accessible to the public. 
 
(c) The information requested pertains to internal and/or external defense, law enforcement, 
and border control, when the disclosure thereof may: 
(1)  Compromise or interfere with any legitimate military or law enforcement operation, 
or 
(2)  Compromise or interfere with the legitimate prevention, detection or suppression of 
criminal activity, or the legitimate implementation of immigration controls and border 
security, or 
(3)  Lead to the disclosure of the identity of a confidential source, including a 
government, or foreign agency or authority or any private institution which furnished 
information on a confidential basis, and, in the case of a record or information 
compiled by a law enforcement authority in the course of an investigation or by an 
agency conducting a lawful national security intelligence investigation, information 
furnished by a confidential source, or 


(4)  Disclose legitimate techniques and procedures for law enforcement investigations 
or prosecutions, or would disclose legitimate guidelines for law enforcement 
investigations or prosecutions if such disclosure could reasonably be expected to 
risk circumvention of the law, or 
(5)  Endanger the life or physical safety of any individual, or 
(6)  Deprive a person of a right to a fair trial and impartial adjudication. 
 
(d) The information requested pertains to matters of human security, such as, but not limited 
to, food, health, money and trade: Provided, That such disclosure or premature disclosure 
will imperil our well-being or degrade the quality of life of our people by causing unnecessary 
panic and conflict and threatening to limit the range of policy choices available to the 
concerned implementing and regulating agencies: Provided, further, That this exception 
shall apply only until such time that the confidentiality requirement of the action plan of said 
agency is no longer necessary in addressing the said security issue. 
 
(e) The information requested pertains to the assistance of government to overseas Filipino 
workers, including but not limited to their cases and records on criminal and family cases; 
and information that could compromise or weaken their case or position in any legal 
proceeding: 
 
(f) The information requested involves records of foreign diplomats on diplomatic and 
consular missions, their arrival and departure, and other information that could compromise 
their safety or that such information is considered confidential by the Vienna Convention on 
Diplomatic Relations and the Vienna Convention on Consular Relations; 
 
(g) The information requested are exempted under a treaty or bilateral agreement to which 
the Philippines is a party; 
 
(h) The information requested consists of drafts of orders, resolutions, decisions, 
memoranda or audit reports by any executive, administrative, regulatory, constitutional, 
judicial or quasi-judicial body in the exercise of their regulatory, audit 4 and adjudicatory 
function. The revelation of which would impair the impartiality of verdicts or otherwise 
obstruct the administration of justice. 


 
(i) The information requested is obtained by either House of Congress, or any committee 
thereof, in executive session. 
 
(j) The information requested pertains to the personal and sensitive information of a natural 
person other than the requesting party, and its disclosure would constitute an unwarranted 
invasion of his or her personal privacy, or the person is or was an official or employee of a 
government agency and the information relates to his other public function or the person 
has consented, in writing, to the disclosure of the information. 
 
(k) The information requested forms part of a public record but its disclosure would expose 
the people concerned to acts of discrimination, unless such information is first redacted by 
the concerned government agency; 
 
(l) The information requested pertains to trade secrets and commercial or financial 
information obtained from a natural or juridical person other than the requesting party, 
obtained in confidence or covered by privileged communication, and/or filed with a 
government agency, whenever the revelation thereof would prejudice the interests of such 
natural or juridical person in trade, industrial, financial or commercial competition. 
 
(m) The information is required to be kept confidential by law or consists of privileged 
information unless the person entitled to the privilege has waived it; 
 
(n) The information requested is exempted from disclosure by the Constitution or by law; 
 
(o) The information is of a nature that its premature disclosure would: 
(1)  in the case of an agency that regulates or deals with currencies, interest rates, 
securities, commodities, or financial institutions, be likely to lead speculations in 
currencies, interest rates, securities, or commodities market; or 
(2)  in the case of other agencies, be likely to frustrate the effective implementation of a 
proposed official action: Provided, that the information shall be disclosed once the 
abovementioned dangers have ceased. 
 


(p) The information has already been made accessible as provided in 6 Sections 8(a), 9, 11 
and 14 of this Act. 
 
(q) The information requested pertains to information about the ongoing evaluation or 
review of bids or proposals undertaken by the bidding or review committee prior to an official 
recommendation by the government. 
For paragraphs (c) to (q) of this section, the determination whether any of these 
grounds shall apply shall be the responsibility of the head of office of the government agency 
in custody or control of the information, or any responsible central or field officer/s duly 
designated by him: Provided, That: 
(1)  The exceptions are strictly construed; 
(2)  The exceptions are not used to cover-up a crime, or any unlawful activity; 
(3)  The President, the Supreme Court, the Senate, the House of Representatives, and 
the Constitutional Commissions with a majority vote of the body in accordance with 
their own rules of procedure when applicable may waive an exception with respect 
to information in the custody of offices under their respective supervision or control, 
when they deem that there is an overriding public interest in disclosure; 
(4)  The exceptions do not constitute authority to withhold information from, or limit the 
availability of records to congress, or any of its committees; 
(5)  The exceptions do not constitute an authority of the executive branch of a local 
government unit to withhold information from its legislative body. 
(6)  Whenever the information requested is part of a record, whose other parts are 
covered by an exception, but may be reasonably severed from a record, the 
responding official shall communicate the information not covered by the exception 
to the requester; and  
(7)  The exceptions set forth in this section may be overcome if the requester is able to 
prove before a court of competent jurisdiction that the public interest in the 
disclosure of information outweighs the public interest in keeping the information 
secret or confidential; 
 
All exempted information under this Section shall be mandatorily reviewed after every 
three (3) years by the head of office or agency in custody or control of the information for 


reclassification and possible disclosure. Provided, that such information to be disclosed by 
an agency under the executive branch shall be subject to the approval of the President. 
 
SECTION 8. Mandatory Disclosure of Information. —  
(a) In fulfillment of Article XI, Section 17 of the Constitution, the following national officials 
shall disclose to the public their Statement of Assets, Liabilities, and Net Worth (SALN) on 
an annual basis in their official website: 
(1)  President; 
(2)  Vice-President; 
(3)  Members of the Cabinet; 
(4)  Members of Congress; 
(5)  Justices of Supreme Court; 
(6)  Members of Constitutional Commissions and other constitutional offices, 
(7)  Officers of the armed forces with general or flag rank. 
 
(b) All agencies of all branches of government shall upload on their websites, which shall 
be updated monthly, a register of the following public interest transactions, documents or 
records, including: 
(1)  Annual Budget of Government Agencies;  
(2)  Itemized Monthly Collections and Disbursement; 
(3)  Summary of Income and Expenditures; 
(4)  Component of the IRA Utilization; 
(5)  Annual Procurement Plan and Procurement List; 
(6)  An updated plantilla of positions and vacant positions with qualifications/ 
requirements in their organizations that need to be filled-up; 
(7)  Items to Bid; 
(8)  Bid Results on Civil Works, and Goods and Services; 
(9)  Abstract of Bids as Calculated; 
(10)  Procurement contracts entered into by a government agency; 
(11)  Construction or concession agreements or contracts entered into by a government 
agency with any domestic or foreign person or entity;  
(12) Private sector participation agreements or contracts in infrastructure and 
development projects under Republic Act No. 6957, as amended by Republic Act 


No. 7718, authorizing the financing, construction, operation and maintenance of 
infrastructure projects; 
(13)  Public funding extended to any private entity; 
(14)  Bilateral or multilateral agreements and treaties in trade, economic partnership, 
investments, cooperation and similar binding commitments; 
(15)  Licenses, permits or agreements granted by any government agency to any person 
or entity for the extraction and/or utilization of natural resources and a list of the 
grantees; 
(16)  Guarantees given by any government agency to government-owned or controlled 
corporations and to private corporations, persons or entities; 
(17)  Loans from domestic and foreign financial institutions; 
(18)  Loans, grants, development assistance, technical assistance, and programs 
entered into by a government agency with official bilateral or multilateral agencies, 
as well as with private aid agencies or institutions; and 
(19)  Compromise agreements entered into by a government agency with any person or 
entity. 
 
The register shall contain a brief description of the transaction involved including, but not 
limited to the nature and object of the transaction, the parties and amounts involved, the 
key steps undertaken towards its conclusion, and the relevant dates provided that contracts 
and agreements involving an amount of at least Fifty million pesos (Php 50,000,000.00) 
shall be uploaded in full on the website of the concerned government agency or the Official 
Gazette online. A covered record shall be enrolled in the register not later than thirty (30) 
working days from its perfection or issuance. 
 
SECTION  9. Openness and Transparency in Government Agencies. — Each 
government agency shall make available upon the request of any citizen at no cost and in 
an accessible form, consistent with the provisions of Republic Act No. 9485, or the Anti-Red 
Tape Act of 2007, and through their website, timely, true, accurate and updated key 
information including, but not limited to: 
(1) 
A description of its mandate, structure, powers, functions, duties and decision-making 
processes; 


(2) 
A description of the frontline services it delivers and the procedure and length of time 
by which they may be availed of; 
(3) 
The names of its key officials, their powers, functions and responsibilities, and their 
profiles and curriculum vitae;  
(4) 
Audited financial statements, and budget and expenditure records; 
(5) 
Statements of assets, liabilities and net worth of all public officials with Salary Grade 
27 and above or heads of office; 
(6) 
Monthly income including allowances and sources of income of all public officials with 
Salary Grade 27 and above and heads of office; 
(7) 
Work programs, development plans, investment plans, projects, performance targets 
and accomplishments, and budgets, revenue allotments and expenditures; 
(8) 
Important rules and regulations, orders or decisions: Provided, that they be published 
within fifteen (15) calendar days from promulgation; 
(9) 
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; 
(10) Substantive rules of general applicability adopted as authorized by law, and 
statements of general policy or interpretations of general applicability formulated and 
adopted by the agency, including subsequent amendments; 
(11) Current and important database and statistics that it generates; 
(12)  Bidding processes, deadlines and requirements; and 
(13) Mechanisms or procedures by which the public may participate in or otherwise 
influence the formulation of policy or the exercise of its powers. 
(14)  Any disclaimer that shall announce true and correct information relative to a matter of 
public concern that has been the subject of untruthful or inaccurate publication in 
media. 
 
All government agencies shall over time endeavor and build the capacity and practice to 
upload in full all other contracts, agreements, or treaties covered under this section, in 
particular those that are of the highest public interest by reason of the amounts involved 
and the impact of the transaction to the public. 
 


SECTION 10. Protection of Privacy. — While providing for access to information in public 
records, this Act also affords full protection of the right to privacy of individuals, as follows: 
(a)  Disclosure of public records involving personal data shall be guided by the principle of 
transparency, legitimate purpose, and proportionality; 
(b)  A government agency must ensure that personal and sensitive information in its 
custody or under its control is disclosed only as permitted under this Act; 
(c)  A government agency must protect personal data in its custody or under its control in 
accordance with the provisions of the Data Privacy Act of 2012, its implementing rules 
and regulations, and issuances by the National Privacy Commission. 
(d)  An employee, officer or official of a government agency who has access, whether 
authorized or unauthorized, to personal and sensitive information in the custody of the 
agency, must not disclose that information except as authorized under this Act. 
 
SECTION 11. Freedom of Information Manual. — 
(a) For the effective implementation of this Act, all government agencies shall prepare a 
Freedom of Information Manual, within six (6) months from the effectivity of this Act 
indicating the following:  
(1)  The location and contact information of the head, regional, provincial and field 
offices, and other established places where the public can obtain government 
information or submit requests; 
(2) 
The types of information it generates, produces, holds and/or publishes; 
(3) 
A description of its record-keeping system; 
(4) 
The person or office responsible for receiving requests for information; 
(5) 
The procedure for the filing of requests personally, by mail, or through the identified 
electronic means;  
(6)  The standard forms for the submission of request and for the proper 
acknowledgment of the request; 
(7)  The process for the disposition of the request, including the routing of the request 
to the person or office with the duty to act on the request, the decision making 
process, and the grant or denial of access and its implementation; 
(8)  The procedure for the administrative appeal of any denial for access to information; 
(9)  The schedule of fees; 


(10)  The process and procedure for the mandatory disclosure of information under 
Section 8 of this Act: Provided, That, should the agency lack the capacity to fully 
comply therewith, a brief description of its plan to facilitate compliance within three 
(3) years from the approval of this Act; and 
(11)  Such other information, taking into consideration the unique characteristics of an 
agency, that will help facilitate the effective implementations of this Act. 
(12)  The foregoing information shall also be posted in its website and bulletin boards, 
and shall be regularly updated; 
(13)  In no case shall the absence of the aforementioned Manual be a reason for the 
denial of any request for information made in accordance with this Act. 
(14)  The heads of each of the departments and agencies may designate liaison units or 
Committees who shall coordinate with the other units of the agency in implementing 
this Act. The composition, functions and duties of these liaison units or Committees 
shall be included in the FOI Manual. 
 
SECTION  12.  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 due to being a person with disability, to make 
a written request for information may make an oral request, and the public official who 
receives the oral request shall reduce it to writing, and include his name and position within 
the government agency, and give a copy thereof to the person who made the request.  
 
The request shall state the name and preferred contact information of the requesting party, 
and reasonably describe the information required, the reason for the request of the 
information and the preferred means by which the government agency shall communicate 
such information to the requesting party: Provided, That the stated reason shall not be used 
as a ground to deny the request or to refuse the acceptance of the request, unless such 
reason is contrary to law. If the request is submitted personally, the requesting party shall 
show his current identification card issued by any 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 verifiable identifications, 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 requesters and particularly those with special needs, to comply with 
the request requirements under this section. 
 
(c) 
The request shall be stamped by the government agency, indicating the date and 
time of receipt and the name, rank, title and position of the receiving public officer or 
employee with the corresponding signature, and a copy thereof furnished to the requesting 
party. In case the request is submitted by electronic means, the government agency shall 
provide for an equivalent means by which the requirements of this paragraph shall be met. 
Each government agency shall establish a system to trace the status of all requests for 
information received by it. 
 
(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 8 concerned government 
agency. 
 
(e) 
A government agency may communicate the information requested in a form other 
than the preferred means whenever the agency has no capability in communicating the 
information in the preferred format, or such preferred means would unreasonably interfere 
with the effective operation of the agency or be detrimental to the preservation of the record. 
 
(f) 
The government agency shall comply with such request as soon as practicable, and 
in any case within fifteen (15) working days from the receipt thereof. The period may be 
extended whenever the information requested requires a search of the government 
agency's field or satellite offices, examination of voluminous records, the occurrence of 
fortuitous events or other analogous cases. 
 
(g)  
The government agency shall, 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 shall pay the required access and processing fees. 
 
If the information is not held by the government agency to which the request was made, it 
shall notify the requester that it does not hold the information, and indicate to the requester 
which agency holds the record, if known. Whenever practicable, the 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. 
 
SECTION 13. Access and Processing Fees. — Government agencies may charge a 
reasonable fee which shall in no case exceed 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 6 proactive disclosures. 
 
SECTION 14. Exemption from Compliance. — The government agency is 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 
of this Act. 
 
SECTION 15. Notice of Denial. — If the government agency decides to deny the request, 
in whole or in part, it shall, as soon as practicable, and in any case within fifteen (15) 
calendar days from the receipt of the request, notify the person making the request of such 
denial in writing or through electronic means. The notice shall clearly set forth the ground 
or grounds for denial and the circumstances on which the denial is based, and indicate 
available rights of reconsideration or appeal. Failure to notify the person making the request 


of the denial, or of the extension, shall be deemed a denial of the request for access to 
information. 
 
SECTION 16. Remedies in Cases of Denial of Request for Information 
(a) 
In all government agencies other than the judicial branch: 
(1)  Every denial of any request for access to information may be appealed to the person 
or office next higher in authority of the same agency, following the procedure 
mentioned in Section 11 (a)(8) of this Act: 
Provided, That the written appeal must be filed by the same person making 
the request within fifteen (15) calendar days from the notice of denial. The appeal 
shall be decided by the person or office next higher in authority of the same agency 
within five (5) working days from filing of said written appeal. Failure of the 
government agency to decide within the aforestated period shall constitute denial 
of the appeal. 
 
(2)  Upon denial of the appeal with the government agency, the requesting party may 
file a verified petition for mandamus in the proper court, alleging the facts with 
certainty and praying that judgment be rendered ordering the respondent, 
immediately or at some other time to be specified by the court, to disclose the 
requested information. Unless restrained or enjoined, the decision of the court shall 
be immediately executory without prejudice to review in accordance with the Rules 
of Court. Any action for administrative and/or criminal liability arising from the same 
act or omission, if any, shall be filed with the Office of the Ombudsman. 
No damages shall be assessed against the respondent unless it is proven that 
the respondent acted with malice, bad faith or negligence. Subject to the provisions 
of existing laws and the issuances of the Supreme Court, all courts shall give 
preference to the hearing and disposition of petitions for mandamus filed pursuant 
to the provisions of this Act. The court hearing the case 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 
promulgated by the Supreme Court. 
 
(c)  
The remedies provided in this section are without prejudice to any other 
administrative, civil or criminal action covering the same act. 
 
(d)  
The remedies available under this Act shall be cumulative and subject to the rule of 
exhaustion of administrative remedies. 
The provisions of Republic Act No. 9285, otherwise known as the Alternative Dispute 
Resolution Act of 2004, shall not apply to cases filed pursuant to this section. 
 
(e)  
In case the requesting party has limited or no financial capacity, the Public Attorney's 
Office shall be mandated to provide legal assistance to the requester in availing of the 
remedies provided under this Act. 
 
SECTION 17. Keeping of Records, — 
(a) 
Government agencies shall create and/or maintain in appropriate formats, accurate 
and reasonably complete documentation or records of their organization, policies, 
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. This likewise 
include information submitted by public service contractors to the government agency 
concerned such as receipts, identities of the suppliers, purchase orders, cash vouchers, 
related agreements with other private entities, and other documents related to the execution 
or the implementation of their transactions or contracts with the government agency 
involved; 
 
(b) 
Government agencies shall identify specific and classes of official records in their 
custody or control that have continuing historical, administrative, informational, legal, 


evidentiary, or research value for preservation by such agencies or their legitimate 
successors, or for transfer to the National Archives of the Philippines. In addition, the 
National Archives of the Philippines shall likewise identify specific and classes of official 
records that it shall require agencies to preserve and transfer to it. 
 
(c) 
In addition to the specific and classes of official records identified for preservation 
under letter (b) of this section, the following shall not be destroyed: 
(1) 
Records pertaining to loans obtained or guaranteed by the government; 
(2) 
Records of government contracts; 
(3) 
The declaration under oath of the assets, liabilities and net worth of public officers 
and employees, as required by law; and  
(4)  Records of official investigations pertaining to allegations of 31 graft and corruption 
of public officers. 
 
(d)  
Government agencies shall prepare, following standards and period promulgated 
pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act of 2007, 
a records management 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; 
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 
A specification of the roles and responsibilities of agency personnel in the 
implementation of such system and schedule. 
In addition to its function as repository of all rules and regulations issued by 
agencies as provided under Book VII, Chapter Il of the Administrative Code of 1987, the 
University of the Philippines Law Center shall, in coordination with the Office of the 
President which has exclusive editorial and printing jurisdiction over the Official Gazette, 
and with other relevant agencies, maintain a database, and publish the same in print in 
the Official Gazette or in digital or online form, the following: 


(1)  
All laws of the Philippines and their amendments, from the period of the Philippine 
Commission to the present;  
(2)  
All presidential issuances from November 15, 1935 to the present including, but 
not limited, to executive orders, presidential proclamations, administrative orders, 
memorandum circulars, general orders, and other similar issuances; 
(3)  
A database of all appointments and designations made by the President of the 
Philippines; and  
(4) 
Opinions of the Secretary of Justice. 
 
SECTION 18. Publication in the Official Gazette. — For purposes of mandatory 
disclosure as provided in Section 8 of this Act, online publication in the Official Gazette 
website shall be considered official publication provided there shall be a timestamp in the 
said document. 
 
For purposes of compliance with Article 2 of the Civil Code of the Philippines, publication of 
the following in the online version of the Official Gazette, with the corresponding timestamps 
on the document, shall be considered as official publication: 
(a) 
All 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. 
 
SECTION 19. Capacity-Building, Promotion of Best Practices and Continuous 
Updating of Appropriate Information Technology and FOI. — All government agencies 
must ensure that they have a compliant website within two (2) years from the date of 


effectivity of this Act. The Department of Information and Communications Technology 
(DICT) shall monitor all government agency websites and render the appropriate support 
including capacity-building program and coordination with another appropriate agency, 
utilizing alternative mechanism and seeking the assistance of private relevant and willing 
volunteer groups to ensure full compliances with the requirements of this Act. 
 
In the performance of its monitoring function of government websites and portals, the DICT 
shall endeavor to continuously develop, improve and update its information technology 
system taking into consideration usability and practical accessibility of government 
documents by the public. 
 
The DICT shall be responsible for setting the standards for the file formats to be used by 
the political subdivisions of the State. All national and local government agencies including 
GOCCs with or without original charter in the publication of governments public information 
in accordance with the provisions of this Act. 
 
Every government agency shall ensure the provision of adequate training for its officials to 
improve awareness of the people's right to information and the provisions of this Act, and 
to keep updated as to best practices in relation to information disclosure, records 
maintenance and archiving. 
 
SECTION 20. Use of Plain Language. — Every government agency shall endeavor to use 
plain language in their communications orders, compliance, requirements or instructions 
issued to implement the provisions of this Act. The government agencies shall translate key 
information into major Filipino languages and present them in popular form and means. 
(1)  To carry out the provision of this Act, the Civil Service Commission (CSC) is 
designated to issue guidelines on the use of plain language to suit the needs of the 
requesting party; 
(2)  The CSC shall provide the necessary training to employees of each government 
agency in using plain language in public documents; 
(3)  All departments, agencies and instrumentalities of the national government, including 
government-owned or -controlled corporations, local government units and state 


colleges and universities shall designate an official responsible for implementing the 
plain language; and 
(4)  Website contents including, but not limited to, financial data, notices and other 
technical and legal documents, of government agencies must also be written in plain 
language to ensure that this information are easy to read, understand and use. 
 
SECTION 21. Administrative Offenses and Penalties. — 
(a) 
The acts enumerated in this sub-section shall be tantamount to grave administrative 
offenses and shall constitute grounds for administrative and disciplinary sanction against 
any public official or employee who willfully and knowingly commits the following: 
(1)  Refusal to promptly forward the request under Section 12 of this Act to the public 
officer within the same office or agency responsible for 5 officially acting on the 
request when such is the direct cause of the 6 failure to disclose the information 
within the periods required by this Act; 
(2)  Failure to act on the request within the periods required by this Act; 
(3)  Refusal to comply with the decision of his immediate supervisor, or of any court 
ordering the release of information; 
(4)  Approval of policies, rules and regulations clearly contrary to the provisions of this 
Act, and which policies, rules and regulations are the direct cause of the denial of a 
request for information; 
(5)  Failure to upload information required to be posted on an agency's website within 
the period provided under Section 19: Provided, that the head of agency or any 
other officer or employee tasked to perform said uploading shall be held liable. 
 
(b) 
The preceding subsection does not bar filing of appropriate administrative cases 
other than those grave offenses enumerated above. 
 
SECTION 22. Criminal Offenses and Penalties. — The penalty of imprisonment of not 
less than one (1) month but not more than six (6) months and a fine ranging from Ten 
Thousand Pesos (Php10,000.00) to One Hundred Thousand Pesos (Php100,000.00) shall 
be imposed upon: 
(a) 
Any public official or employee who falsely denies or conceals the existence of 
information that is a proper subject for disclosure under this Act. 


(b) 
Any public official or employee who destroys, or causes to be destroyed, information 
and/or documents being requested under this Act, for the purpose of frustrating the 
requesting party's access thereto. 
(c) 
Any public officer or employee responsible for officially acting on the request, who shall 
claim an exception under Section 7 of this Act, or under the Constitution, when such 
claim is manifestly devoid of factual basis. 
(d) 
Any individual who divulged or released information covered under Section 7 of this 
Act. 
(e)  Any public officer or employee who divulged or released information that is altered, 
tampered or modified to the extent that the released information materially differs from 
the original contents of the document: Provided, that altering or modifying a document 
for the purpose of severing an exempt information from non-exempt information in a 
single document shall not be punishable under this subsection. 
(f)  
The responsible officers of the public service contractor and the signatories to the 
contract or any document evidencing transaction with the government or government 
agency who fail to submit the necessary documents/papers.
 
If the violation committed in this Act is induced and assisted by a private individual or a 
corporation, partnership or any kind of judicial entity, the penalty provided herein shall be 
imposed on its executive officer and/or other officials responsible therefor: Provided, that 
they shall suffer, in addition to the penalties provided herein, the automatic revocation of 
their license to operate. 
 
Any public official or employee who willfully destroys, or causes to be destroyed, or sells, 
information and/or documents being requested under this Act, for the purpose of frustrating 
the requesting party's access thereto shall suffer a fine of not less than five hundred 
thousand pesos (Php 500,000.00) but not more than one million pesos (Php 1,000,000.00) 
or a penalty of five (5) years but not more than fifteen (15) years, or both, as provided in 
Republic Act No. 9470 of the National Archives Act. 
 
SECTION 23. Denial in Good Faith Not a Ground for Liability. — A denial in good faith 
of a request made pursuant to the provisions of this Act shall not constitute grounds for 
administrative, civil or criminal liability. In cases of denial of the request, the public official, 


officer or employee involved must prove that he/she acted in good faith by specifying the 
ground relied upon for the denial. 
 
SECTION 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 the right to information 
under Article Ill, Section 7 of the Constitution. 
 
SECTION 25. Integration of Freedom of Information (FOI) and Good Governance in 
Elementary and Secondary Curriculum. — To ensure a well-informed generation 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. 
 
SECTION 26. Reports on FOI. — All government agencies shall be required to submit 
annual reports on the number of requests for information received and processed, of 
appeals made from the denial thereof, and such other information as provided in this Act. 
The said report may be integrated in the agencies' main Annual Report and its posting and 
publication in their respective websites shall be considered as sufficient compliance. 
 
SECTION 27. System of Incentives and Rewards. — A system of special incentives and 
rewards is hereby established to be given to appropriate government agency or agencies 
that initiated and displayed compliance and full participation in the meaningful 
implementation of this Act. The incentives and rewards may include, but not limited to, social 
projects, grants-in-aid, national recognition, and similar entitlements. 
 
SECTION 28 Appropriations. — The amount necessary to carry out the provisions of this 
Act shall be charged against the agencies' current budget and shall thereafter be included 
in the annual General Appropriations Act. 
 


SECTION 29. Separability Clause. — If any section or part of this Act is held 
unconstitutional or invalid, the other sections or provisions not otherwise affected shall 
remain in full force and effect. 
 
SECTION 30. Repealing Clause. — All laws, decrees, executive orders, rules and 
regulations, issuances or any part thereof inconsistent with the provisions of this Act, 
including Sections 18, 24 and 25 of Executive Order No. 292 in relation to Article 2 of 
Republic Act No. 386, Memorandum Circular No. 78 dated 14 August 1964 (Promulgating 
Rules Governing Security of Classified Matter in Government Offices), as amended, and 
Section 3, Rule IV of the Rules Implementing Republic Act No. 6713 (Code of Conduct and 
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) whichever 
comes first. 
 
SECTION 31. Effectivity. — This Act shall take effect fifteen (15) days after its publication 
in at least two (2) national newspapers of general circulation, whichever comes earlier.  
 
Approved,