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

CATEVE 02 29

lth a
EIGHTEENTH CONGRESS i
Second Regular Session

7229

House Bill No

Introduced by Representative Evelina Escudero

EXPLANATORY NOTE

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

This bill seeks to enhance access to information under the principle of public
accountability of any public office, Transparency in all government transactions
empowers the people to correctly demand accountability from the government.

Finally, this proposed measure also includes provisions that penalize failure to
disclose information within a given period of time, such penalties range from damages,

suspension and imprisonment.

EVELINA ESCUDERO


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

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No._7229

Introduced by Representative Evelina Escudero

AN ACT IMPLEMENTING THE RIGHT OF THE PEOPLE TO
INFORMATION ON MATTERS OF PUBLIC CONCERN GUARANTEED
UNDER SECTION SEVEN, ARTICLE THREE OF THE 1987
CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC
DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING PUBLIC
INTEREST UNDER SECTION TWENTY-EIGHT, ARTICLE TWO OF THE
1987 CONSTITUTION, AND FOR OTHER PURPOSES

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”

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

SEC. 3. Coverage. — This Act shall cover all government agencies as defined under
Section 4 of this Act.

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

(a) "Information" shall mean any knowledge, record, document, paper, report,
letters, contract, minutes and transcripts of official meetings, maps, books,
photographs, data, research, material, film, sound and video recordings, magnetic
and 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 and kept in or under 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" shall include the executive, legislative and judicial
branches as well as the constitutional bodies of the Republic of the Philippines
including, but not limited to, the national government and all its agencies,
departments, bureaus, offices and ~_instrumentalities, constitutional
commissions and constitutionally mandated bodies, local governments and all
their agencies, regulatory agencies, chartered institutions, government-
owned or controlled corporations, including wholly owned or controlled
subsidiaries, government financial institutions, state universities and colleges,
the Armed Forces of the Philippines, the Philippine National Police, all offices in
the Congress of the Philippines including offices of Senators and Representatives,
the Supreme Court and all lower courts established by law.

(c) "Official records" shall refer to information produced or received by a public
officer or employee, or by a government agency in an official capacity or pursuant
to a public function or duty, and is not meant to be a stage or status of the
information.

(d) "Public records" shall include information required by law, executive orders,
rules and regulations to be entered, kept and made publicly available by a
government agency.

SEC. 5. Presumption. — There shall be a legal presumption in favor of access to
information. Accordingly, government agencies shall have the burden of proof of
showing by clear and convincing evidence that the information requested is exempted
from disclosure by this Act.

SEC. 6. Access to Information. — 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 basis for policy development, regardless of this physical form or
format in which they are contained and by whom they were made.

SEC. 7. Exceptions. — Subject to the qualifications set forth in Section 8 of this Act,
access to information may be denied when:

(a) The information is specifically authorized to be kept secret under guidelines
established by an executive order, and in fact properly classified pursuant t
hereto: Provided, that 1) The information directly relates to national defense and
its revelation will cause grave damage to the internal and external defense of the
State; 2) The information requested pertains to the foreign affairs of the Republic
of the Philippines, when its revelation unduly weaken the negotiating position of


the government in an ongoing bilateral or multilateral negotiation or seriously
jeopardize the diplomatic relations of the Philippines with one or more states with
which it intends to keep friendly relations: Provided, further, that the executive
order shall specify the reasonable period by which the information shall be
automatically declassified or subject to mandatory declassification review, and that
may reasonable doubt as to classification and declassification shall be settled in
favor of the right to information;

(b) The information requested pertains to internal and external defense and law
enforcement, when the revelation thereof would render a legitimate military or law
enforcement operation ineffective, unduly compromise the prevention, detection
or suppression of a criminal activity, or endanger the life or physical safety of
confidential or protected sources or witnesses, law enforcement and military
personnel or their immediate families. Information relating to the details of the
administration, budget and expenditure and management of the defense and law
enforcement agencies shall always be accessible to the public.

(c) The information requested pertains to the personal information of a natural
person other than the requesting party, and its disclosure would constitute a dearly
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 to the
disclosure of the information;

(d) The information requested pertains to trade, industrial, financial or commercial
secrets of a natural or juridical person other than the requesting party obtained
in confidence by, and/or filed with a government agency, whenever the
revelation thereof would seriously prejudice the interests of such natural or
juridical person in trade, industrial, financial or commercial competition, unless
such natural or juridical person has consented to the disclosure of the information;

(e) The information is privileged from production in legal proceedings by law
or by the Rules or Court, unless the person entitled to the privilege has waived it,

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

(g) The information requested is obtained by any committee of either House of
Congress in executive session, whenever such information falls under any of the
foregoing exceptions; and

(h) The information requested consists of drafts of decisions by any executive,
administrative, judicial or quasi-judicial body in the exercise of their adjudicatory
functions whenever the revelation thereof would reasonably tend to impair the
impartiality of verdicts, or otherwise obstruct the administration of justice.

For letters (b) to (h) 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 of duly
designated by him.

SEC. 8. Qualifications. — Even if the information falls under the exceptions set forth
in the preceding section, access to information shall not be denied if:

(a) The information may be reasonably severed from the body of the information
which would be subject to the exceptions;

(b) The public interest in the disclosure outweighs the harm to the interest sought
to be protected by the exceptions; or

(c) The requesting party is either House of Congress, or any of its Committees and
the disclosure is to be made in executive session, unless the disclosure will
constitute a violation of the Constitution.

SEC. 9. Procedure of Access. —(a) Any person who wishes to obtain information shall
submit a request to the government agency concerned personally, by mail, or through
electronic means. 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 he 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.

(b) 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.

(c) The request may indicate the following preferred means of communication:
a vy
(1) A true copy of the information in permanent or other form;

(2) An opportunity to inspect the information, using equipment normally
available to the government agency when necessary;

(3) An opportunity to copy the information using personal equipment;

(4) A written transcript of the information contained in an audio-visual form;


(5) A transcript of the content of an information requested, in print, sound or
visual form, where such transcript is capable of being produced using
equipment normally available to the government agency;

(6) A transcript of the information from shorthand or codified form; or
(7) Other reasonable means or format.

(d) A government agency may communicate the information requested in a form
other than the preferred means whenever such preferred means would unreasonably
interfere with the effective operation of the agency, or be detrimental to the preservation
of the record.

(e) The government agency shall comply with such request within seven (7)
working days from the receipt thereof.

(£) The time limits prescribed in this Section for the production of the requested
information may be extended whenever there is a need for any of the following:

(1) To search for and collect the requested information from field
facilities or other establishments that are separate from the office
processing the request;

(2) To search for, collect and appropriately examine a voluminous amount
of separate and distinct information which are demanded in a single
request;

(3) Consultation, which shall be conducted in all practicable speed, with
another government agency or among two (2) or more components of the
government agency having substantial interest in the determination of the
request; and

(4) To consider fortuitous events or other events due to force majeure 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: Provided, That
no such notice shall specify a date that would result in an extension of more than fifteen
(15) working days from the original deadline.

SEC. 10. Access Fees. — Government agencies may charge a reasonable fee to
reimburse the actual cost of reproduction, copying or transcription and the
communication of the information requested.

SEC. 11. Notice of Denial. — If the government agency decides to deny the request, in
whole or in part, it shall, within seven (7) 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 indicate the name, rank, title or position of the person
making the denial, and the grounds for the denial. In case the denial is by reason of a


claimed exception, the denial shall also state clearly the legitimate aim or interest
sought to be protected in the confidentiality, and the facts and circumstances invoked
showing the substantial harm to, or frustration of, the legitimate aim or interest that will
result in the disclosure of the information. Failure to notify the person making the
request of the denial, or of the extension, shall be deemed a denial of the request for
access to information.

SEC. 12. Implementation Requirements, — (a) For the effective implementation of
this Act, all government agencies shall prepare a Freedom of Information Manual, with
the end in view of facilitating easy access to information, which shall include 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 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 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
acknowledgement 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, 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 14 of this Act;

(11) Should the agency lack the capacity to comply with Section 14(a) of this Act,
a brief description of its plan to facilitate compliance within three (3) years from
the approval of this Act; and

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

(b) The Judiciary shall prepare a similar manual as directed by the Supreme Court;

(c) The foregoing information shall also be posted in its website and bulletin
boards, and shall be regularly updated;


(d) Inno 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.

SEC. 13. Remedies in Cases of Denial. — (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 of office next higher in authority, following the procedure
mentioned in Section 12(a)(8) of this Act: Provided, That the appeal must

be filed within fifteen (15) calendar days from the notice of denial and must
be decided within fifteen (15) calendar days from filing. Failure of the
government agency to decide within the aforestated period shall constitute a
denial of the appeal; and

(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 files pursuant to this
Section. Unless restrained or enjoined, the decisions of the Office of the
Ombudsman shall be immediately executory, without prejudice to review in
accordance with the Rules of Court.

(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 for
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 exemption under Section 7

herein and examine then 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 he 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.

(@) In case the requesting party has limited or no financial capacity, the Public
Attorney's Office shall he mandated to provide legal assistance to the requester in
availing of the remedies provided under this Act.

SEC. 14. Mandatory Disclosure of Transactions Involving Public Interest. —

(a) Subject to Sections 7and 8 of this Act, all government agencies shall
upload on their websites, which shall be regularly updated every fifteen (15) days, all
the steps, negotiations and key government positions pertaining to definite propositions
of the government, as well as the contents of the contract, agreement or treaty in the
following transactions involving public interest:

(1) Compromise agreements entered into by a government agency with any
person or entity involving any waiver of its rights or claims;

(2) 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,

(3) Procurement contracts entered into by a government agency;

(4) Construction or concession agreements or contracts entered into by a
government agency with any domestic or foreign person or entity;

(5) 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;

(6) Loans from domestic and foreign financial institutions;

(7) Guarantees given by any government agency to government-owned or
controlled corporations and to private corporations, persons or entities;

(8) Public funding extended to any private entity;

(9) Bilateral or multilateral agreements and treaties in defense, trade,
economic, partnership, investments, cooperation and similar binding
commitments; or


(10) Licenses, permits of agreements given by any government agency to
any person or entity for the extraction and/or utilization of natural
resources.

‘A summary list of the foregoing information uploaded in the website shall be
posted in the bulletin boards of the concerned government agency

(b) The information uploaded in the website under letter (a) of this Section may be
withdrawn after a period of three (3) years from the time of uploading: Provided, That
an abstract of the information withdrawn shall remain uploaded in the websites,
containing a brief description of the transaction and an enumeration of the information
withdrawn, and indicating the dates of posting and withdrawal.

(©) Should an agency lack the capacity to comply with letter (a) of this Section, the
agency shall initiate a capacity-building program, or coordinate with another
appropriate agency, to facilitate substantive compliance not later than three (3) years
upon approval of this Act.

SEC. 15. 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, resolution, enactments, actions,
procedures, operations, activities, communications, documents received or filed with
them and the data generated or collected. These shall include working files such as drills
or notes, whenever these have been circulated within the agency for official purpose
such as for discussion, comments 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 of 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 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 on graft and corruption of public
officers.


(4) 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 programs that includes the following.

(1) A records maintenance system for the creation, selection, classification,
indexing and filing of official records, that facilitates easy identification,
retrieval and dissemination of information to the public;

2) A records maintenance, archival and disposition schedule providing a list,
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.

(c) 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, in coordination with the National Printing
Office as the agency with exclusive printing jurisdiction over the Official Gazette, shall
maintain a database, and publish the same in print in 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 limited, to
executive orders, presidential proclamations, administrative orders, memorandum
circulars, general orders, and other similar issuances; 3) A database of all appointments
made by the President of the Philippines; and 4) Opinions of the Secretary of Justice.

SEC. 16. Promotion of Openness in Government. — (a) Duty to Publish Information
Government agencies shall regularly publish, print and disseminate at no cost to the
public and in an accessible form, in conjunction with R.A. 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 he availed of;

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

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


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

(6) Current and important database and statistics that it generates;
(7) Bidding processes and requirements; and

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

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

(c) Improving Capability — Every government agency shall ensure the provision
of adequate training for its officials to improve awareness of the right to information
and the provisions of this Act, and to keep updated of best practices in relation to
information disclosure, records maintenance and archiving.

SEC. 17. Criminal Liability and Administrative Liabiliy— The penalty of
imprisonment of not less than one (1) month but not more than six (6) months shall be
imposed upon:

(a) Any public officer or employee receiving the request under Section 9 of
this Act who shall fail to promptly forward the request 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) Any public officer or employee responsible for officially acting on the
request, who shall:

(1) Fail, to act on the request within the periods required by this Act;
(2) Knowingly deny the existence of existing information,

(3) Destroy information being requested for the purpose of frustrating the
requester’s access thereto;

(4) Claim an exception under Section 7 of this Act, or under the Constitution,
when the claim is manifested devoid of factual basis; or

(5) Refuse to comply with the decision of his immediate supervisor, the
Ombudsman of the court ordering the release of information that is not
restrained or enjoined by a court;

(c) The head of office of the government agency directly and principally
responsible for the negotiation of any of the transaction enumerated in Section
14(a) of this Act shall knowingly refuse, to direct the mandatory posting or

uploading of such transaction despite the agency capacity to implement such
directive. The same penalty shall be imposed upon the public officer or employee


who, despite a directive from the head of office, shall fail, to post or upload any of
the transactions enumerated in Section 14 (a) of this Act;

(d) Any public officer or employee who shall destroy, or cause to destroy records
of information covered by Section 15(c) of this Act;

(e) Any public officer who formulates policies, rules and regulations manifestly
contrary to the provision of this Act, and which policies, rules and regulations are
the direct cause of the denial of a request for information; or

(f) Any public or private individual who knowingly induced or cause the
commission of the foregoing acts under this section,

The foregoing shall be without prejudice to any administrative liability of the
offender under existing laws and regulations.

SEC. 18. Act Not a bar to Claim of Right to Information Under the Constitution. — No
provision of this Act shall be interpreted as a bar to any claim of denial of the right to
information under Article III, Section 7 of the 1987 Constitution,

SEC. 19. Separability Clause. — If, for any reason, any section or provision of this Act
is held unconstitutional or invalid, no other section or provision shall be affected.

SEC. 20. Repealing Clause. — All laws, decrees, executive orders, rules and regulation,
issuances or any part thereof inconsistent with the provisions of this Act. including
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.

SEC. 21. Lffectivity — This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation.

Approved,