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

‘Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 6459

Introduced by Representative Sharon S. Garin

EXPLANATORY NOTE

‘The average Filipino family spends a total 41.9% of their annual family expenditures
on food. For families in the bottom 30% income group, the percentage is much higher at
59.7%. For some, even earning enough money to spend on the standard three (3) meals a day
is a constant daily struggle.

‘Access to affordable food should be among the top priorities of the government.
‘There are several factors that may contribute to higher-than-ideal prices even for basic
commodities. This includes supply shortages and inflated prices brought about by collusion
and cartel, to name a few.

In order to reinforce the right of the people to affordable food and adequate food
supply, the State should adopt and implement # policy of full public disclosure of all
government transactions involving food and basic commodities. This is consistent with Art II,
Section 28 of the Constitution which guarantees the right of people to information of
transactions involving public interest.

Any person could request any government body regarding information on government
dealings related to food. This information would include all documents, papers, letters,
minutes and transcripts of official meetings, and all other records, received or kept in or
under the control of custody of any government body, including but not limited to the
Department of Agriculture (DA), the Department of Trade and Industry (DTI) and other
agencies involved in handling the country’s food supply. Of particular note are importation
permits for basic commodities like rice, com, and sugar, granted by said agencies. To
strengthen the mandate of this act, government agencies refusing to disclose such information
shall be met with strict penalties.

A more transparent system when it comes to food transactions should lead to more
honest dealings by the government, and all other parties involved. In view of the forgoing,
passage of this bill is earnestly sought.

‘S. GARIN
Partylist


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Republic of the Philippines
HOUSE OR REPRESENTATIVES.
Quezon City, Metro Manila

Seventeenth Congress
Second Regular Session

House BILL No. 6459

Introduced by Representative Sharon S. Garin

AN ACT
MANDATING THE GOVERNMENT TO PROVIDE ACCESS TO INFORMATION
ON FOOD AND OTHER BASIC COMMODITIES TO GUARANTEE THE RIGHT
OF THE PEOPLE TO AFFORDABLE FOOD AND ADEQUATE FOOD SUPPLY
PRESCRIBING GUIDELINES THEREFOR, 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 "Affordable Food
‘Transparency Act."

SEC. 2. Declaration of Policy, - The State recognizes as a matter of policy the
fundamental right of the people to affordable food and adequate food supply, The State
therefore acknowledges its obligation in ensuring the steady supply of food and other basic
commodities, as well as maintaining transparency in all its transactions relative thereto, and
in preventing any and all forms of collusion and cartel that would restrict the people's access
to affordable food and adequate food supply. In order to reinforce the right of the people to
affordable food and adequate food supply, the State shall adopt and implement a policy of
full public disclosure of all government transactions involving food and basic commodities,
consistent with the Constitutional right of the people to information on all matters of public
concern.

To guarantee the people's fundamental human right to affordable food and food

supply, the State shall afford to citizens, non-government organizations (NGO), civil society


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groups, and other private entities 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, except for such information affecting national security
or foreign diplomatic relations.

SEC. 3. Definition of Terms, -

(a) "Basic commodities" for purposes of this Act includes: rice, corn; bread; fresh, dried
and canned fish and other marine products, fresh pork, beef and poultry meal; fresh
eags; fresh and processed milk; fresh vegetables; root crops; coffee; sugar, instant
noodles; salt;

(b) "Government body" shall mean any Executive, specifically, but not limited to, the
Department of Agriculture (DA) and Department of Trade and Industry (DTI),
Legislative, Judicial or Constitutional body of the Government of the Republic of the
Philippines, including local government units, the Armed Forces of the Philippines
(AFP) and the Philippine National Police (PNP), government financial institutions
and government-owned and controlled corporations, whether created by its own
charter or by registration with the Securities and Exchange Commission (SEC), and
all such other entities where the government has substantial interest in,

(c) "Information" shall mean all documents, papers, letters, minutes and transcripts of
official meetings, maps, books, photographs, films, sound and video recordings,
magnetic or other tapes, electronic data processing records, computer stored data,
electronic mail messages, or any other like or similar data or material, recorded,
stored or archived in whatever form or format, which are made, received or kept in or
under the control and custody of any government body pursuant to law, executive
order, rules and regulation, ordinance or in connection with the performance or

transaction of official business by any government body.


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(d) "Requesting person" shall mean a natural person, whether on his own or as a
representative of another natural person or a juridical person, who makes a request to
obtain, have a copy of or have access to information from any government body as
defined in this section.

(e) "Trade secret" shall mean any information, including a formula, pattern, compilation,
program, device, product, method, technique or process, that is used, or may be used,
in business or for any commercial advantage; derives independent economic value,
‘actual or potential, from not being generally known to the public or to persons who:
can obtain economic value from its disclosure or use, is the subject of reasonable
efforts to prevent it from becoming generally known, and the disclosure of which
would result in harm or improper benefit.

SEC. 4. Publication of Importation Permits. ~ In the spirit of transparency and
accountability, the Department of Agriculture shall cause the publication of the following
information on importation permits that it has granted for basic commodities, such as rice,
corn, and sugar,

(a) Name and address of importer, whether a natural or juridical entity,

(b) Name and address of supplier from whom importation is sourced;

(c) Country of origin of the import per shipment,

(d) Date of contract of import;

(c) Date of arrival of import per shipment;

(6) Schedule, cargo or vessel, and maximum tonnage per shipment,

(g) Contracted and actual volume of import per shipment,

(h) Specification of import per shipment;

(i) Contracted price of import per shipment;

j)_ Value or cost of import per volume and for each source;


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(k) Mode of purchase of import per shipment;

(I) Drop-off points or ports per shipment; and

(m)Such other information that may be necessary to ensure a complete and proper
inventory of basic commodities.

The Department of Agriculture shall also prepare, keep and maintain records and a
database containing the above-enumerated information which shall be made readily available
to the public.

SEC. 5. Coverage and Limitations, ~ A\\ information, as herein defined, which are in
the custody or under the control of a government body shall be made accessible and available
for public scrutiny, copying and reproduction, except when:

(a) The information pertains to personal information on a third party natural person, but
only when its revelation would constitute violation of an individual's right against
self-incrimination, including, but not limited to, records or information covered by
attorney-client or doctor-patient relationship;

(b) The information has been specifically authorized to be kept secret or considered
classified in the interest of national security by the President through an Executive
Order duly published in the Official Gazette and in at least two (2) newspapers of
general circulation, subject to the following provisions.

i The Supreme Court may, upon complaint by any citizen, inquire into the
sufficiency of the factual basis for the President's determination;

ii, Such information shall be reviewed every five (5) years by the head of the
appropriate agency concemed for purposes of declassification and making
available to the public, and

iii, Such information shall finally be deemed declassified and open to the public

after a period of fifteen (15) years from the date of publication of the said


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Executive Order in the Official Gazette or in a newspaper of general

circulation, whichever was first.

(c) The information is maintained by law enforcement agencies for criminal law

enforcement, or, relates to the detection and investigation of crime, including those

maintained on any individual or compiled in the Course of a criminal investigation by

any law enforcement agency. Provided that the disclosure of such public record or

information:

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Vil.

Could reasonably be expected to interfere with the prevention, detection,
suppression, or investigation of any criminal activity or with law enforcement
operations,

Would deprive a person of a right to a fair trial or an impartial adjudication;
Could reasonably be expected to constitute an unwarranted invasion of
personal privacy;

Could reasonably be expected to disclose the identity of a confidential source,
including a foreign agency or authority, or any private institution which
furnished information on a confidential basis, or the information furnished by
a confidential source,

Would disclose techniques and procedures for law enforcement investigations
or prosecutions, or would disclose guidelines for law enforcement
investigations or prosecutions:

Could reasonably be expected to endanger the life or physical safety of any
individual, harm the security of any property or system; or

Could harm the security of any property or system, including, but not limited
to, a building, vehicle, computer or communications system: Provided,


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however, that records or information relating to the administration,
management and direction of a law enforcement agency shall be public.

(d) The information is maintained by the Department of Foreign Affairs and other
relevant government bodies on another sovereign state, and the disclosure of such
records or information could reasonably be expected to jeopardize the diplomatic
relations of the Government of the Republic of the Philippines with the said sovereign
State: Provided, that treaties, trade agreements, contracts between agencies and/or
government-owned and controlled corporations, and implementing agreements,
annexes, side letters and other such documents and records pertaining to or related to
the same, and any other documents pertaining to dealings entered into by. the
Government of the Republic of the Philippines with another sovereign State and binds
the Government to uphold such transactions under international and local law, shall
not be covered by this exception;

(ec) The information pertains to trade secrets and commercial or financial information
obtained from a person, firm, or corporation which is of a privileged or confidential
nature, or

(£) The information is exempted from disclosure by another law or by the Rules of Court,
including, but not limited to, information considered as privileged communication or
gathered by any government body in closed or executive session.

In cases where access is requested to a portion of a record or information that is
exempt from disclosure pursuant to this Act, the public shall have the right of access to the
remainder of the record: Provided, that the exempt portion of the record can be reasonably
separated, severed, deleted or concealed from the record.

Nothing in this Act shall, however:


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(a) authorize the withholding of information from, or limit the availability of records to
Congress or any of its committees,

(b) affect the power of any court, tribunal, investigative body, or any government body
exercising quasi-judicial functions to compel a witness to testify or to compel the
production of documents;

(c) limit the information otherwise available by law to a party to litigation including a
civil, criminal or administrative proceeding;

(d) prohibit the transfer, storage or destruction of any record pursuant to law, decree,
order, ordinance or rules and regulations;

(e) prevent access to records maintained in a public office for the purpose of providing

the public access to information; or
(f) restrict disclosure of information for the purpose of an investigation or prosecution of
criminal case or a case of graft and corruption.

SEC. 6. Procedure for Access. ~ Any person who seeks to obtain, have a copy of or
have access to any information shall file a request in writing, as much as practicable, to the
government body concerned, reasonably describing the information being sought, and stating
details on how he could be contacted by the said government body.

‘The government body shall comply with the said request within two (2) working days
afler the receipt of the request, or within a reasonable period of time mutually agreed upon by
the requesting person and the government body's employee concerned, but not to exceed five
(5) working days.

The time for compliance may, with due notice to the requesting person, be extended
by the head of the government body to a period not exceeding fifteen (15) days if:

(a) The requesting person failed to give enough details about the information or record
sought to be obtained.


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(b) A large number of records is sought to be obtained in a single request, or when it has
received voluminous requests, that compliance within the prescribed period under this

Act would unreasonably interfere with its operations,

(c) The request requires search and collation of records from its field offices,

(d) Additional time is needed to consult with another government body having material or
substantial interest in the determination of the request, and

(ce) There are fortuitous events or other events from force majeure, or other analogous
cases,

SEC, 7. Payment of Reasonable Fees. ~ Copies or reproductions of information,
whether in print or electronic media, may be obtained by the requesting person whose request
has been approved upon payment ofa reasonable fee which shall not exceed the actual cost of
reproduction plus reasonable margin not exceeding ten percent (10%). Provided, that
proceeds from the reproduction fees charged shall be used exclusively for the purchase and
maintenance of equipment and supplies required to produce copies or reproductions of the
said records,

Upon request, the government body shall provide a detailed itemization of the costs
charged for the reproduction. No government body may, however, require the advanced
payment of any reproduction fee.

SEC. 8. Transfer of Request — If the government body to which the request was filed
determines that the information being sought is not in its custody or control, it shall, within
two (2) days, notify the requesting person of the same, through writing or other contact
channels that the requesting person has provided, and shall then either: 1) transmit the said
request to the government body which has the possession or custody of the information being
sought, or 2) provide the requesting person with a referral letter, signed by its head and


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addressed to the head of the government body which has the possession or custody of the
information being sought.

The government body receiving of such transmittal or referral letter shall then act on
such request in the manner set forth in Section 5 hereof.

SEC. 9. Denial of Request — If the government body decides to deny the request, in
whole or in part, it shall within two (2) working days from the receipt of the request notify
the requesting person of such denial in writing, signed by the head of the government body,
and the specific grounds for the denial and the corresponding legal basis, as allowed in
Section 5 hereof.

SEC. 10, Remedies to Compel Disclosure. — Every denial of any request for access to
information may be appealed before the Office of the Ombudsman by filing, within fifteen
(15) days from receipt of a letter of denial, a prayer for the disclosure of the information
being sought.

If the Office of the Ombudsman upholds such denial or fails to act on such prayer
within sixty (60) days, the requesting person may then file a verified petition for mandamus
before the Regional Trial Court with jurisdiction over the government body's office receiving
the request for information. A decision of the court granting the request for information shall
be subject to the proper judicial remedies available to the affected government body,
following the procedure provided under the Rules of Court.

Nothing in this Section shall prejudice any other available administrative, civil or
criminal remedy,

SEC, 11. Mandatory Disclosure of Food Information. — Each government body that
possesses any significant information that affects food supply and prices shall readily
disseminate the same to the public and regularly update said information. The means of

disclosure and dissemination of such information shall include, but not be limited to: (a)

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manuals, pamphlets, brochures, bulletins, posters, announcements, or any other printed
collaterals, for distribution or for posting by the government body concemed in conspicuous
places in its central and field offices, and (b) electronically uploading of such information on
its website.

SEC. 12. Mandatory Disclosure for Public Interest. ~ Any government body which
is in possession or has knowledge of any information, not otherwise declared classified or
exempt pursuant to this Act, about the existence of a factor or risk significant to food supply
and prices, or which clearly affects public's right to affordable food and adequate food
supply, shall without delay disclose such information to the public.

SEC. 13. Penal Provisions. — Any official or employee of the government body
which has possession of any significant information on food supply and prices found guilty
by final judgment of the proper court of denying access to information, or parts thereof,
without a valid legal ground as provided for in this Act, or who shall knowingly release false
and/or misleading information, shall be punished with a fine of not less than Twenty
‘Thousand Pesos (P20,000.00) but not more than Forty Thousand Pesos (P40,000,00), and/or
imprisonment of not less than one (1) year but not more than three (3) years, including all the
‘accessory penalties provided by law, upon the discretion of the Court.

Any official or employee who shall fail to respond to a request due to negligence, or
fail to meet the time limits for response set forth in this Act, without reasonable reasons for
such, shall be punished with a fine of not less than Ten Thousand Pesos (P10,000,00) but not
more than Twenty Thousand Pesos (P20,000.00), and/or imprisonment of not less than six (6)
months but not more than one (1) year, including all the accessory penalties provided by law,
upon the discretion of the court

Any official or employee who shall deliberately and knowingly refuse, or because of

negligence fail, to update any information his or her office is required to disclose under

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Section 10 of this Act shall be penalized administratively with suspension from service,
without pay, of at least six (6) months but not more than one (1) year. A subsequent offense
shall cause his dismissal from service:

SEC. 14, Implementing Guidelines. ~ Each government body shall, within sixty (60)
days from the effectivity of this Act, promulgate guidelines specifying the office, and
employees from whom, and the methods and process whereby, the public may request access
to or obtain information which are kept in or held under its custody or Control.

SEC.1S. Reports, - On or before March 1 of each calendar year, each government
body shall submit a report covering the preceding year to the Speaker of the House of
Representatives and President of the Senate for referral to the appropriate committees of
Congress. The report shall include:

(a) A copy of the implementing guidelines and rules crafted by such government body in
the implementation of this Act;

(b) A copy of the reproduction fee schedule under Section 6 of this act, the total proceeds
collected from such fees and the use of such proceeds by the government body;

(c) The number of determinations made by such government body to refuse the requests
for information made to such government body under Section 9, the reasons for such
determination;

(d) The names and titles or positions of officials responsible for the refusal of requests
under this Act, and the number of instances of participation of each;

(¢) The number of refused requests wherein the requesting person sought remedies before
the Office of the Ombudsman or before the regular courts, and the names and titles or

positions of officials Concerned in these cases,


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(8) A copy of the information disclosed by the government body pursuant to Section 11
of this act, including a description of the collaterals, whether print or electronic, used
in the dissemination of the said disclosed information,

(2) A summary of other initiatives made by the government body, whether or not
mandated by this Act or any other law, that sought to enhance and assist the
implementation of this Act; and

(h) Such other information which the government body deems as necessary to disclose in
relation to the implementation of this Act.

‘The Office of the Ombudsman shall submit an annual report on or before March | of
each calendar year, listing the number of cases filed before it under Section 10 of this Act and
the disposition of each case. The Solicitor General shall likewise submit an annual report on
or before March | of each calendar year, listing the number of cases filed before the regular
Courts under Section 10 of this Act, the disposition of each case, the names and positions or
titles of the officials penalized and the penalties assessed.

SEC. 16. Oversight Committee. — For the effective implementation of this Act, there
shall be a Congressional Oversight Committee consisting of five (5) members each from the
Senate and House Representatives, which shall be composed of the Chairpersons and
members of the Committees on Agriculture, Trade and Commerce, and Justice and Human
Rights of both the Senate and House of Representatives, which shall meet bi-annually to
‘oversee its implementation, The Congressional Oversight Committee shall be jointly chaired
by the Chairpersons of the Committees on Agriculture and Trade and Commerce of the
Senate and House and Representatives and shall be jointly vice-chaired by the Chairpersons

of the Committees on Justice and Human Rights of the Senate and House and

Representatives.

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SEC. 17, Separability Clause. — If for any reason, any part, section or provision of
this Act shall be held unconstitutional or invalid, no other part, section or provision shall be
affected thereby,

SEC. 18. Repealing Clause. — Ail laws, decrees, executive orders, rules and
regulations, issuances or any parts thereof inconsistent with the provisions of this Act are
deemed repealed or amended accordingly.

SEC. 19. Effectivity Clause. — This Act shall take effect immediately after its
publication in at least two (2) national newspapers of general circulation.

Approved,

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