SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
) 
) 
) 
S.B. No. 
1711 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
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'13 
SEP 18 P 4 :00 
A government maintains the allegiance and support of the citizens by keeping 
them informed on matters affecting their interest and well-being. Without it, the reservoir 
of public trust dries up, and government soon enough loses the basis of popular 
support, and cannot be maintained except against the people's will. 
For this reason, the Bill of Rights provides: 'The right of the people to Information 
on matters of public concern shall be recognized. Access to official records, and to 
documents and papers pertaining to official acts, transactions, or decisions, as well as 
. 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." Upon this right is 
anchored the basic right of the citizens to be informed of the process and decisions 
made by the government in the process of governance. 
Without transparency and proper information, the future of the nation is left solely 
in the hands of public officials and decision makers at the expense of utilizing the active 
participatory process of governance provided under the Constitution. Without it, public 
officers are unduly emboldened in the belief that their actions, even when wrong and 
injurious to the public interest, could be screened away from public knowledge. By 
guaranteeing the citizen access to official records documents and papers pertaining to 
official acts, transactions and decisions of the government, the Filipino people have 
actively participated in the decision-making and legitimizing process of governance. 
Moreover, in the process, public officers are also made more keenly aware of 
their accountability to the public. Yet even the freest and most open government 
requires a measure of secrecy for some of the things it does to enable it to carry out its 
duties more effectively than if everything were promptly disclosed in the marketplace. 
The security and defense of the State from internal subversion and external 
threats, the stability of its currency and reserves, and the preservation of law and order 
often require the adoption of certain measures which lose their effect in the glare of 
publicity, and which therefore are best covered by the mantle of secrecy, so that the 
government may be able to secure the best advantage to the national interest. The 
security and defense of the nation would be severely impaired if anyone who might wish 
to do it had free access to official information relating to security and defense. 
Still, under the pretext' of keeping certain information secret, a government may 
become over-secretive and keep secret even those which it has no just reason to keep 
secret. The national interest is harmed as much by indiscriminate disclosure as by 
excessive secrecy. The proposed measure, therefore, enhances the free flow of 
information and the formation of a vigorous, free and enlightened public opinion, while 


. . 
paying proper regard to the need to protect official information pertaining to national 
security. 
In view of the foregoing concerns, the early approval of this bill is being .earnestly 
sought. 
R ON~LA,JR. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B. No. 1711 
) 
) 
) 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
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SEP 18 P4 :00 
. RECEIVED Ill'. -r 
FORTIFYING THE PEOPLE'S RIGHT OF OWNERSHIP OVER INFORMATION HELD 
BY THE PEOPLE'S GOVERNMENT 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. This Act shall be known as the "Freedom of 
Information Act of 2013. 
SECTION 2. Declaration of Policy. Pursuant to the First Principle declared in 
our Constitution that Sovereignty resides in the people and all government authority 
emanates from them, the right of the people to effective and reasonable participation at 
all levels of social, political and economic decision making, the right of the people to 
information on matters of public concern, and the policy of full public disclosure of all 
government transactions involving public interest, it is hereby declared that all 
Government Information is Owned. by the People and that public access to all 
government information, as a general rule, serves the public interest and exceptional 
instances restricting access thereto, as provided therein, shall only be allowed also by 
reason of public interest. 
SECTION 3. Coverage. This Act shall cover all branches, departments, and 
instrumentalities of government, including all local government units, collectively 
referred to ad government agencies defined under Section 4 of this Act. 
SECTION 4. Definition of Terms. As used in this Act. 
A. "Information" -
shall mean any record, document, paper, report, letters, 
contract, minutes and transcripts of all official meetings, maps, books, 
photographs, data, research material, film, sound and video recordings, 
magnetic or other tapes, electronic data, computer stored data, 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 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. "Government agency/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 govern'ments and all 
their agencies, regulatory agencies, chartered institutions, government-owned 
or controlled corporations, including wholly-owned or controlled subsidiaries, 
government financial institutions, state universitie.s and colleges, the Armed 
Forces of the Philippines, the Phifippine National Police, al/ offices in the 
Congress of the Philippines including the offices 
of Senators and 
Representatives, the Supreme Court and all lower courts established by law, 
C. "Official record/records" shall refer to information produced or received by a 
public officer or employee, by a government agency in an official capacity or 
pursuant to a public function or duty, regardless of whether the information is in 
the draft, final, or any other stage or status. 
D. "Public record/records" shall include information required by law, executive 
orders, rules and regulations to be entered, kept and made publicly available by 
a government agency. 
SECTION 5. Access to Information. Every Filipino citizen has a right to and 
shall, on request, be given access to any record under the control of a government 
agency. Government agencies shall make available to the public for scrutiny, copying 
,and reproduction in the manner provided by this Act, all information pertaining to official 
acts, transactions or decisions, as well as government research data used as a basis for 
policy development, subject to the exceptions enumerated under section 7 of this Act, 
regardless of their physical form or format in which they are contained and by whom 
they were made, 
SECTION 6. Presumption. There shall be legal presumption in favour of access 
to information, No request for information shall be denied unless it clearly falls under the 
exceptions provided under this Act. 
SECTION 7. Exceptions. Access to information shall be granted unless: 
A. The information is specifically authorized to be kept secret under 
guidelines established by an executive order, and in fact properly 
classified pursuant thereto: Provided, That 1) The information directly 
relates to national security or defense and its revelation may cause grave 
damage to the national security or internal and external defense of the 
State; or 2) The information requested pertains to the foreign affairs of the 
Republic of the Philippines; when its revelation may 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, Provided, further, That the executive order 
shall specify the reasonable period after which the information shall be 
automatically declassified or subject to mandatory declassified review, and 
that any reasonable doubt as to classification and declassification shall be 
settled in favour of the right to information; 
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B. The information consists of records of minutes, records or advice given or 
records of opinions expressed 
during 
decision-making or policy 
formulation, invoked by the Chief Executive to be privileged by reason of 
the sensitivity of the subject matter or by reason of the impairment of the 
Chief Executive's deliberative process that would result from the 
disclosure thereof. Once policy has been formulated and decisions made, 
minutes and research data may be made available for disclosure unless 
they were made in executive session. 
C. The information requested pertains to internal and/or external defense, 
law enforcement, and border control, when the disclosure thereof may: 
(i) 
(ii) 
Compromise or interfere- with any legitimate military or law 
enforcement operation, or 
Compromise or interfere with the legitimate prevention, detection or 
suppression of criminal activity, or the legitimate implementation of 
immigration controls and border security, or 
(iii) 
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 
(iv) 
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 
ofthe law, or 
(v) 
Endanger the life or physical safety of any individual. 
D. The information requested consists of drafts of orders, resolutions, 
decision, memoranda or audit reports by any executive, administrative, 
regulatory, constitutional, judicial or quasi-judicial body in the exercise of 
their regulatory, audit and adjudicatory function. 
. 
E. The information requested is obtained by either House of Congress, or 
any committee thereof, in executive session. 
F. The information requested pertains to the personal information of a natural 
person other than the requesting party, and its disclosure would constitute 
an unwarranted invasion of his or her personal privacy, unless it forms 
part of a public record, or the person is or was an official of a government 
agency and the information relates to his or her public function or the 
person has consented, in writing, to the diSClosure of the information; 
G. The information requested pertains to trade secrets and commercial or 
financial information obtained from a natural or juridical person other than 
the requesting party, obtain 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; 
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H. The information is classified as privileged communications in legal 
proceedings by law or by the Rules of Court. 
-
I. The information requested is exempted from disclosure by law or by the 
Constitution, in addition to those provided in this Section. 
J. The information has already been made accessible as provided in Section 
13 of this Act. 
For letters (c) to 0) 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 officerls duly designated by him: Provided, That: 
1) The exceptions are strictly construed; 
2) The exceptions are not used to cover-up a crime, wrong-doing, 
g raft, or corruption; 
3) The President, the Supreme Court, the Senate, the House of 
Representatives, and the Constitutional Commissions may waive 
an exception with respect to information in the custody of offices 
under their respective supervision or control, when they deem that 
there is an overriding public interest in disclosure; 
4) 
5) 
The exceptions do not constitute authority to withhold information 
from Congress nor authority for the executive branch of a local 
government unit to withhold information from the legislative body of 
such local government unit; 
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 either sever the 
information not covered by the exception and communicated it to 
the requester, or he shall edit the exempt information and render it 
suitable for public disclosure and release the record to the 
requester with a specific identification of the parts which were 
edited; and 
6) Even if the information requested falls- under the exceptions set 
forth in this Section, access to information shall not be denied if 
public interest in the disclosure of the information outweighs public 
interest in securing its confidentiality. 
SECTION 8. Mandatory Disclosure of Information. Government agencies are 
mandated to regularly disclose the following information in the duration and manner 
provided hereunder: 
A. In fulfilment of Article XI, Section 17 of the Constitution, the following 
national officials shall disclose to the public, through their official website, 
their Statement of Assets, Liabilities, and Net Worth (SALN) on an annual 
basis: 
1. The President; 
2. The Vice- President; 
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3. The Members of the Cabinet; 
4. The Members of Congress; 
5. The Justices of Supreme Court; 
6. The 
Members 
of 
Constitutional 
Commissions 
and 
other 
constitutional offices; and 
7. Offices of the Armed Forces with general or flag rank. 
B. All agencies of all branches of government shall upload to their websites, 
which shall be updated monthly, a register of the following 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. Items to Bid; 
7. Bid Results on Civil Works, and Goods and Services; 
8. Abstract of Bids as Calculated; . 
9. Procurement contracts entered into by a government agency; 
10. Construction or concession agreements or contracts entered into 
by a government agency with any domestic or foreign person or 
entity; 
11. Private 
sector 
partiCipation 
agreements 
or 
contracts 
in 
infrastructure and development projects under republic Act No. 
6957, as amended by Republic Act No. 7718, authorizing the 
financing, construction, operation and maintenance of infrastructure 
projects; 
12. Public funding extended to any private entity; 
13. Bilateral or multilateral agreements and treaties in trade, economic 
partnership, 
investment, 
cooperation 
and 
similar 
binding 
commitments; 
14. Licenses, permits or agreements granted by any government by 
any government agency to any person or entity for the extraction 
and/or utilization of natural resources and a list of the grantees; 
15. Guarantees given by any government agency to government-
owned or- controlled corporations and to private corporations, 
persons or entities; 
16. Loans from domestic and foreign financial institutions; 
17. 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 
18. 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 and undertaken towards its conclusion, and . 
the relevant dates provided that contracts and agreements involving an amount 
of at least fifty million pesos (P50, 000,000.00) shall be uploaded in full on the 
website of the concemed government agency or the Official Gazette Online. A 
covered record shall be enrolled in the register not later than 30 working days 
from its perfection or issuance. 
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C. Each government agency shall regularly publish, print and disseminate at 
no cost to the public and in an accessible form, in conjunction with 
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 People's Ownership of Government Information Manual in full; 
2. A description of its mandate, structure, powers, functions, duties 
and decision-making processes; 
3. A description of the frontline services it delivers and the procedure 
and length of time by which they may be availed of; 
4. The names of its key officials, their powers, functions and 
5. 
6. 
7. 
responsibilities, and their profiles and curriculum vitae; 
The statement of Assets and Liabilities of the public officers of the 
government agency; 
Work programs, development plans, investment plans, projects, 
performance targets and accomplishments, and budgets, revenue 
allotments and expenditures; 
Important rules and regulations, orders or decisions: Provided, 
That they be published within fifteen (15) calendar days from 
promulgation; 
8. 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; 
9. 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; 
. 
. 
. 
10. Current and important database and statistics that it generates; 
11. Bidding processes and requirements; and 
12. Mechanism or procedures by which the public may participate in or 
otherwise influence the formulation of policy or the exercise of its 
powers. 
All government agencies shall over time endeavour and build the capacity and 
practice to upload all other contracts, agreements, or treaties covered under this 
section specially those that are of the highest public interest by reason of the 
amounts involved and the impact of the transaction to the public. All government 
agencies must ensure that they have a compliant" website within two (2) years 
from the effectivity of this Act. 
Should an agency lack the capacity to comply with the website uploading 
requirement of this section, the agency shall initiate a capacity-building program, 
coordinate with another appropriate agency, or use an alternative mechanism, to 
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facilitate substantive compliance not later than three (3) years from the effectivity 
of this Act. 
For purposes of improving capability, every government agency shall .ensure the 
provision of adequate training for its officials to improve awareness of the 
people's ownership of government information and the provisions of this Act, and 
to keep updated as to best practices in relation to information disclosure, records 
maintenance and archiving. 
In order to develop accessibility of language and form, every government agency 
shall endeavour to translate key information into major Filipino languages and 
present them in popular form and means. 
SECTION 9. 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. A government agency must ensure that personal information in its custody 
or under its control is disclosed only as permitted under this Act; 
B. A government agency must protect personal information in its custody or 
under its control by making reasonable security arrangements against 
such risks as unauthorized access, collection, use, disclosure, or disposal; 
C. An employee, officer or. director of a government agency who has access, 
whether authorized or unauthorized, to personal information in the custody 
of the agency, must not disclose that information except .as authorized 
under this Act; 
SECTION 10. People's Ownership of Government Information Manual. 
A. For the effective implementation of this Act, all government agencies shall 
prepare a People's Ownership of Government Information Manual, setting 
forth 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 filling 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 
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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 
implementation of this Act. 
B. The foregoing information shall also be posted in its website and bulletin 
boards, and shall be regularly updated; 
C. In no case shall the absence of the aforementioned Manual be a reason 
for the denial of any denial of any request for information made in 
accordance with this Act. 
D. The heads of each of the departments and agencies may designate 
liaison units or Committees who shall coordinate with the other units of the 
agency in implementing this Act. The composition, functions and duties of 
these liaison units or Committee shall be included in the People's 
Ownership of Government Information Manual. 
SECTION 11. Procedure of Access. 
A. Any person who wishes to obtain information shall submit, free of 
charge, 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 photostatic or 
electronically scanned copy of the identification, or other convenient 
means as determined by the agency. 
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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 thee 
receiving public officer or employee with the corresponding signature, 
and a copy thereof fumished 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 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 unreasomibly 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 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 
;s 
period to comply with the request under this section shall begin to run only upon 
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the receipt of the agency to which the request is transferred. 
SECTION 12. Access and Processing Fees. Government agencies may 
~charge a reasonable fee to reimburse the actual cost of reproduction. copying or 
~
ranSCriPtiOn 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 
. f reproduction is negligible, or that it is pursuant to a program for proactive disclosure. 
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SECTION 13. 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 complianpe with the 
previous request and the making of the current request: Provided, That the government 
agency complies with Section 14 of this Act. 
SECTION 14. Notice of Denial. If the government agency decides to deny the 
request in whole or in part, it shall, as soon as practicable, and in any case within fifteen 
(15) working days from the receipt of the request, notify the person making the request 
of such denial in writing or through electronic means. The notice shall 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 the extenSion, shall be deemed denial of the 
request for access to information. 
SECTION 15. Remedies in Cases of Denial. 
A. In all government agencies other than the judicial branch: 
1. Every denial of a request for access to information may be 
contested by a Request for Administrative Reconsideration to the 
same responsible official who originally denied the request or by an 
Administrative appeal to the Head of Agency, following the 
procedure mentioned in Section 10 (a) (8) and Section 14 of this 
Act: Provided, That the appeal must be filed within fifteen (15) 
calendar days from the receipt of the notice of denial and must be 
decided with fifteen (15) calendar days from filling. Failure to 
resolve the appeal within the aforementioned period shall constitute 
a denial of the appeal: Provided, Further, That every Notice of 
Denial shall include check-box options to be checked or marked by 
the requester for the Immediate Administrative Reconsideration of 
Appeal to the head of the agency. If the requester, after indicating 
his desired remedy, submits his Request for Administrative 
Reconsideration 
or Appeal with 
the 
government official 
communicating the Notice of Denial to the requester, that 
government official shall be responsible for immediately coursing 
the Request for Administrative Reconsideration or Appeal to the 
appropriate official or head of the agency: Provided, Finally, That 
the requester may, in addition to and with his Request for 
Reconsideration or Appeal, submit further arguments to strengthen 
his request; 
2. Instead of appealing or after the denial of. the appeal, the person 
denied access to information may file a verified complaint with the 
Office of the Ombudsman, praying that the government agency 
concerned be directed to immediately afford access to the 
information being requested. Such Complaint shall be resolved by 
the Office of the Ombudsman within sixty (60) calendar days from 
filing, or earlier when time is of the essence, taking into account 
such factors as the nature of the information requested context of 
the request, public interest and danger that the information 
requested will become moot. The Office of the Ombudsman shall 
promulgate its special rules of procedure for the immediate 
disposition of Complaints filed pursuant to this Section. Unless 
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restrained or enjoined, the decisions of the Office of the 
Ombudsman shall be immediately executor, without prejudice to 
review in accordance with the Rules of Court. 
3. Instead of filing a Complaint with the Office of the' Ombudsman, 
whenever a request for information is denied originally or on 
administrative appeal, 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 information and to pay the damages 
sustained by the requesting party by reason of the denial. The 
procedure to such petition shall be summary in nature; 
4. In resolving a Complaint or Petition brought under the preceding 
paragraphs (2) and (3), the Ombudsman or the court is empowered 
to receive the information subject of a claim of exception under 
Section 7 herein and examine them in camera to determine the 
sufficiency of the factual and legal basis of such claim, when such 
sufficiency cannot be reasonably determined through evidence and 
circumstances apart from the information. 
B. In the Judicial Branch - The Judiciary shall be governed by such remedies 
as promulgated by the Supreme Court. 
C. The remedies under 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 exempt from the rules on 
non-exhaustion of administrative remedies and the application of the 
provisions of Republic Act No. 9285, otherwise known as the Alternative 
Dispute Resolution Act of 2004. 
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 availing of the remedies provided under this Act. 
SECTION 16. 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 date generated or 
collected. These shall include working files such as drafts or notes, 
whenever these have been circulated within the agency for official 
purpose such as for discussion, comment or approval or when these 
contain unique information that can substantially contribute to a proper 
understanding of the agency organization, 
poliCies, transactions, 
decisions, resolutions, enactments, actions, procedures operations, and 
activities; 
B. Government agencies 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 
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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 tran'sfer 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 investigation pertaining to allegations of 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: 
1. 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; 
2. 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 
3. A specification of the roles and responsibilities of agency personnel 
in the implementation of such system and schedule. 
E. In addition to its function as repository of all rules and regulations issued 
by agencies as provided under Book VII, Chapter II of the Administrative 
Code of 1987, the University of the Philippines Law Center shall, in 
accordance 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 polish 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 ofthe Philippines; and 
4. Opinions of the Secretary of Justice. 
12 


SECTION 17. 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 important legislative acts and resolutions of a public nature of the 
Congress of the Philippines; 
B. All executive and administrative orders and proclamations of general 
application; 
C. Decisions or abstracts of decisions of the Supreme Court and the Court of 
Appeals or other courts of similar rank, as may be deemed by said 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 andlor 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 18. Administrative Liability. The acts enumerated in this Section 
shall be tantamount to grave administrative offenses and shall constitution grounds for 
administrative and diSCiplinary sanction against any public official or employee who 
wilfully and knowingly commits the following: 
a. Refusal to promptly forward the request under Section 11 of this Act to the 
public officer within the same office or agency responsible for officially acting 
on the request when such is the direct cause of the failure to disclose the 
information within the periods required by this Act; 
b. Failure to act on the request within the periods required by this Act; 
c. Refusal to comply with the decision of his immediate supervisor, the 
Ombudsman, or of any court ordering the release of information; 
d. 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. 
SECTION 19: Criminal Liability. 
A. Any public official or employee who falsely denies or conceals the 
existence of information which is a proper subject for disclosure under 
this Act shall be liable for the crime of removal, concealment or 
destruction of documents as defined under Article 226 of the Revised 
Penal Code. 
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· , 
B. Any public official or employee who destroys, or causes to be destroyed 
information and/or documents being requested under this Act, for he 
purpose of frustrating the requesting party's access thereto, shall be 
liable for the crime of removal, concealment or destruction of documents 
as defined under Article 226 of the Revised Penal Code. 
C. Any individual who knowingly directed, induced or caused the 
commission of the foregoing acts shall be liable as principal by 
inducement in the prosecution of public officials or employees under this 
section. 
D. The penalty of arresto mayor shall be imposed upon 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. 
SECTION 20, No abuse in the exercise of rights and in the performance of 
duties under this Act. 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 act with justice, give everyone his or her due, and observe honesty and good faith. 
Public officials and employees as well as citizens shall endeavour to handle 
information kept or obtained under this act with due care, to the end that inaccuracies 
and distortions are avoided. 
Any public official or employee, or citizen who, in the performance of duties or 
exercise of rights under this Act, wilfully or negligently causes loss, damage or injury to 
another, in a manner that is contrary to law, morals, good customs or public policy, shall 
compensate the latter for the damage incurred. This is without prejudice to other 
remedies available to the aggrieved party under any other law for the same acts. 
SECTION 21. Mere Denial in Good Faith Not a Ground for Liability. A mere 
denial in good faith of a request made pursuant to the provi~ions of this Act shall not 
constitute grounds for administrative, civil or criminal liability. 
SECTION 22. Act Not a Bar to Claim of Right to Information Under the 
Constitution. No provision of this Act shall be interpreted as a bar to any claim of 
denial of the right to information under Article "I, Section 7 of the 1987 Constitution. 
SECTION 23. 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 24. 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 25. 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 
14 


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c 
c l [ 
(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. 
SECTION 26. Effectivity. This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation. 
Approved, 
15