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

Sixteenth Congress
First Regular Session

House Bill No,_2003

Introduced by AKBAYAN Representatives Ibarra M. Gutierrez III
and Walden F. Bello

EXPLANATORY NOTE

To win the battle against corruption and to further the Administration's campaign for
daang matuwid, every Filipino citizen should be able to demand transparency and
accountability from the State. Furthermore, the emergence of more accessible and
faster means of communication brought about by developments in information
technology now makes it easier for the State to comply with citizens’ demand for truth,
transparency and accountability. These are the premises of this bill.

The right of every Filipino citizen to information is guaranteed by no less than the 1987
Philippine Constitution, Section 7 of our Bill of Rights recognizes the right of the People
to information on matters of public concern and the corollary right of access to official
records, documents and papers pertaining to official acts, transactions, or decisions, as
well as to government research data used as basis for policy development.

The Freedom of Information bill has evolved since then Representative Oscar Orbos
filed the bill's first version on August 31, 1992, an evolution reflected in the version filed
in 2010 by then Representative Lorenzo Tanada. Meanwhile, consultations between
public officials and stakeholders were made in order to strike a balance between the
right to information and the duty of the government to function efficiently for the People
This version of the Freedom of Information bill incorporates these changes, including
those contained in the proposal of the Administration, transmitted to the House of
Representatives on February 2, 2012, and is a product of earnest consultations
between representatives of the government and stakeholders-advocates of the right to

information.


And, knowing is half the battle. A citizenry empowered with information will know not
only what to demand from public officials but also what to demand from themselves as
well, The power of information fuels the much needed participation of the People in the
affairs of the State.

In view of the foregoing, the passage of this bill is earnestly sought.

IBARRA M. IERREZ Ill

/

ime
WALDEN F. BELLO


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

Sixteenth Congress
First Regular Session

House Bill No,_ 2003

Introduced by AKBAYAN Representatives Ibarra M. Gutierrez III
and Walden F. Bello

AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS
TO INFORMATION HELD BY THE GOVERNMENT

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 “Freedom of Information Act
of 2013."

SECTION 2. Declaration of Policy.—The State recognizes the right of the people to
information on matters of public concern, and adopts and implements a policy of full
public disclosure of all its transactions involving public interest, subject to the
procedures and limitations provided by this Act. 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.

SECTION 3. Definition of Terms.—As used in this Act:

(a) “Information” shall mean any record, document, paper, report, letters, contract,
minutes and transcripts of 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” 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, department, 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 Philippines
National Police, all offices in the Congress of the Philippines including the offices of
Senators and Representatives, the Supreme Court and all lower courts established
by law.

(0) “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, This shall not refer to the stage or status of the information

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

agency.

SECTION 4. Access to Information —Every person who is a 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 6 of this Act, regardless of their physical form or format in which they are

contained and by whom they were made.

SECTION 5. Presumption.—There shall be a legal presumption in favor of access to
information. The request for access to information may be denied only if it clearly falls
under the exceptions provided under this Act.

SECTION 6. Exceptions.—Access to information shall be granted unless:

(a) The information requested 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
internal and external defense of the State; or 2) The information requested pertains


16

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39

to the foreign affairs or the Republic of the Philippines, when its revelation may
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. Provided further, That the executive order shall
specify the reasonable period after which the information shall be automatically
declassified or subject to mandatory declassification review, and that any reasonable
doubt as to classification and declassification shall be settled in favor of the right to
information;

(b) The information requested pertains to records of minutes and advice given and
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
of the impairment of the Chief Executive's deliberative process that would result from
the disclosure thereof. Once policy has been formulated and decision is 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 would:

(i) Unduly compromise or interfere with any legitimate military or law
enforcement operation, or

(ii) Unduly compromise or interfere with the prevention, detection or suppression
of criminal activity, the effective implementation of immigration controls and
border security, or

(iii) Deprive a person of a right to a fair trial or an impartial adjudication, or

(iv) 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 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

(v) Disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for the law enforcement
investigations or prosecutions if such disclosure could reasonably be
expected to risk circumvention of the law, or

(vi) 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,


1

constitutional, judicial or quasi-judicial body in the exercise of their regulatory, audit
and adjudicatory function.

(e) The information requested was obtained by any committee of either House of
Congress 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 clearly 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, obtained in confidence or covered by privileged communication, 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;

(h) The information requested is classified as privileged communication in legal

proceedings by law or by the Rules of Court;

(i) The information requested is exempted by law or the Constitution, in addition to

those provided in this Section; or

() The information requested has already been made accessible as provided for in
Section 10.

For letters (c) and ()) of this Section, the determination whether any of these grounds
shall apply shall be the responsibility of the head of office of the government agency in
custody or control of the information, or any responsible central or field officer/s duly
designated by him

Provided, that: 1) The exceptions are strictly construed; 2) The exceptions are not used
to cover-up a crime, wrongdoing, graft, 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 overriding public interest
in disclosure; and 4) 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.

SECTION 7. Mandatory Disclosure of Information. —

(a) Pursuant to, and to implement, Article XI, Section 17 of the 1986 Philippine

Constitution the following national officials shall provide to the public through their
official website their Statement of Assets, Liabilities, and Net Worth (SALN) on an
annual basis, to wit:

(i)
(ii)
(ii)
(iv)
wv)
(vi)

(vii)

The President;

The Vice-President

Members of the Cabinet;

Members of Congress;

The Chief Justice and Justices of the Supreme Court

The Members of Constitutional Commission and members of other
constitutional offices; and

The Officers of the Armed Forces of the Philippines with general or flag rank

(b) All agencies of all branches of government shall upload on their official websites,

and update it on monthly basis, a register of the following

0)
(ii)

(ii)

(iv)

Full copy of the Freedom of Information Manual;

Rules of procedure, including for requests for access to information,
description of forms available or the places at which forms may be obtained,
and instructions as to the scope and contents of all papers, reports,
examinations;

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;

Public interest documents or records, including:

(1) Annual budget of the government agencies,
(2) Itemized monthly collections and disbursements,

(3) Summary of income and expenditures,

(4) Component of the internal revenue allotment utilization,
(5) Annual procurement plan and procurement list,

(6) Items to bid,


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(7) Bid results on goods and services, and civil works,

(8) Abstract of bids as calculated,

(9) Procurement contracts entered into by the government agency,

(10) Construction or concession agreements or contracts entered into
by the 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, otherwise known as “An Act
Authorizing The Financing, Construction, Operation And Maintenance Of
Infrastructure Projects By the Private Sector, And For Other Purposes,”

(12) Public funding extended to any private entity,
(13) Bilateral or multilateral agreements and treaties in trade, economic
partnership, investments, cooperation and similar binding commitments;
(14) List of persons or entities who were granted licenses, permits or
agreements for the extraction and/or utilization of natural resources given
by any government agency,

(15) Statement of assets, liabilities and net worth (SALN) of the public
officers of the government agency,

(16) Guarantees given by the government agency to government-owned
or controlled corporations and to private corporations, persons or
entities.

The register shall contain a brief description of the transaction involved, including,
but not limited to: the nature and object of the transaction, the parties and amounts
involved, the key steps undertaken towards its conclusion, and the relevant dates
provided that contracts and agreements involving an amount of at least fifty million
pesos (Php50,000,000.00) shall be uploaded in full on the website of the concerned
government agency or published in the Official Gazette Online subject to the
succeeding section. A covered record shall be enrolled in the register not later than
thirty (3) working days from its perfection or issuance.

(c) All government agencies shall over time endeavor and build the capacity and

practice to upload in full all other contracts, agreements, or treaties covered under
this section, especially 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 website that would accept and address
grievances and complaints within two (2) years from the effectivity of this Act.


6

8

(d) Should an agency lack the capacity to comply with the online uploading
requirements of this Section, the agency shall initiate a capacity-building program,

coordinate with another appropriate agency, or use an alternative mechanism to

facilitate substantive compliance not later than three (3) years from the effectivity of
this Act.

SECTION 8. Promotion of Openness in Government.—

(a) Duty to publish information —Government agencies shall regularly publish, print and

disseminate in their official website, at no cost to the public and in accessible form,
in conjunction with Republic Act No, 9485 or the “Anti-Red Tape Act of 2007,” timely,
true, accurate and updated key information including, but not limited to:

(i)

(i)

(iii)

wy)

(v)

(vi)

vii)
(vill)

A description of its mandate, structure, powers, functions, duties and
decision-making processes;

A description of the frontline services its delivers and the procedures,
including lengths of time, to avail these services;

The names of its key officials, their powers, functions and responsibilities, and
their profiles and curriculum vitae;

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;

Current and important database and statistics that the government agency
generates;

Bidding processes and bidding requirements; and

Mechanisms or procedures by which the public may participate in, or
otherwise influence, the formulation of policy or exercise of powers by the

government agency.

(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 give adequate training to its

officials and employees to improve their awareness of the right to information and


1
2

the provisions of this Act, and to keep them updated of best practices with regard to
information disclosure, records maintenance and archiving.

SECTION 9. Coverage.—The provisions of this Act shall cover all government
agencies as defined under Section 3 of this Act.

SECTION 10. Exemption from Compliance—The government agency is excused
from granting a subsequent and identical or a substantially similar request for access to
information from the same requesting party when it has previously granted the request,
unless a reasonable interval has lapsed from the previously granted request for access
to information and the government agency complies with the provisions of Section 18 of
this Act.

SECTION 11. Additional Protection of Privacy.—The provisions of this Act on access
to information to public records should not be interpreted to deny the right to privacy of
individuals. To afford full protection to an individual's right to privacy:

(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 12. Administrative Liability—Any public official or employee who wilfully
and knowingly commits the following acts shall be liable for gross neglect of duty, and

administrative and disciplinary sanctions

(a) Refusal to promptly forward the request made under Section 16 of this Act to the
public officer within the same office or agency who has the official responsibility to
act on the request, when such refusal is the direct cause of the failure to disclose
information within the periods required by this Act;

(b) Failure to act on the request within the periods required by this Act;


Ae

(c) Refusal to comply with the decision of an immediate supervisor, the Ombudsman, or
any court ordering the release or disclosure of the requested information; or

(d) The approval of policies, rules and regulations which are manifestly contrary to the
provisions of this Act, and which are the direct cause of a denial of a request for
access to information

SECTION 13. Criminal Liability —

(a) Any public official or employee who falsely denies or conceals the existence of
information mandated for disclosure under this Act shall be liable under Article 226
of the Revised Penal Code for the concealment of documents.

(b) Any public official or employee who destroys, or causes to be destroyed, information
and/or documents being requested under this Act, for the purpose of frustrating the
requesting party's access thereto, shall be liable under Article 226 of the Revised
Penal Code for the removal or destruction of documents.

(c) Any private individual who knowingly induced or cause the commission of the
foregoing acts shall be liable as principal by inducement in the acts punished under
this Section.

SECTION 14. Mere Denial Not a Ground for Liability—A mere denial in good faith of
a request made pursuant to the provisions of this Act shall not constitute a ground for
administrative or criminal liability.

SECTION 15. Implementation Requirements.—

(a) For the effective implementation of this Act, all government agencies shall prepare a

Freedom of Information Manual, which shall contain the following

(i) The location and contact information of the national, regional, provincial and
field offices, and other established places where the public can obtain
information or submit requests for access to information;

(i) The types of information the government agency generates, produces, holds
in custody and/or publishes;

(ii) A description of its record-keeping system;

(iv) The persons or offices responsible for receiving requests for access to

information;


w

ae)

5

(v) The procedure for the filing of requests for access to information, including
those made personally, by mail or through identified electronic means;

(vi) The standard forms for the submission of requests for access to information
and for the proper acknowledgement of requests received;

(vii) The process of disposition of requests, including the routing of requests to the
persons or offices which have the official duty to act on such requests, the
decision-making process leading to the grant or denial of access to
information, and the implementation of the grant or denial;

(vil) The procedure for administrative appeal on any denial for access to
information;

(ix) The schedule of fees;

(x) The process and procedure for the mandatory disclosure of information under
Section 7 of this Act: Provided, That, in lieu of the said process and
procedure, and should the government agency lack the capacity to comply
with Section 7, a brief description of the government agency's plan to facilitate
compliance within three (3) years from the approval of this Act will suffice.

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

(b) The contents of the Freedom of Information Manual, as enumerated above, shall
also be posted in the government agency's official website and bulletin boards,
which shall be regularly updated.

(c) In no case shall the absence of the Freedom of Information Manual be a reason for
the denial of any request for access to information made under the provisions of this
Act.

(d) The heads of each of the departments and agencies may designate liaison units or
committees who shall coordinate with other units of the said department or agency in
implementing this Act. The composition, function, and duties of these liaison units or
committees shall be set out in the Implementing Rules of this Act and shall be
included in the Freedom of Information Manual.

SECTION 16. Procedure of Access.—

(a) Any person who wishes to obtain information shall personally, by mail, or through
electronic means, submit a request to the government agency concerned. A person
who is unable to make a written request for access to information, due to illiteracy or
being a person with disability, may make a verbal request, and the public officer who

10


receives the verbal request shall reduce it in writing. The public officer shall include
his name and his official position, and give a copy of the said written request to the
requesting party.

The request shall state the name and preferred contact information of the requesting
party, and reasonably describe the information requested, the reason for the request
for access to 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
acceptance of the request, unless such reason is contrary to law. If the request is
submitted personally, the requesting party shall show identification documents,
which may be an identification card issued by a government agency, a public or
private employer or educational institution, or a community tax certificate. If the
request is submitted by mail or through electronic means, the requesting party may
submit a photostatic or an electronically scanned copy of the identification
document, or submit the same through other convenient means as determined by
the agency.

(b) The request shall be stamped received by the government agency, indicating the
date and time of receipt, the name, rank, title, position and signature of the public
officer or employee who received the request, 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 to meet the requirements
of this paragraph. Each government agency shall establish a system to trace the
status of all requests for access to information duly received

() 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 account the equipment normally and regularly available to

the concerned government agency.

(d) A government agency may communicate the information requested in a form other
than the preferred means whenever such preferred means would unreasonable
interfere with the effective operation of the agency, the preferred means would be
detrimental to the preservation of the record, or the government agency has no
capability of communication the information in the preferred format.

(e) The government agency shall comply with such requests for access to information
as soon as practicable, which shall not exceed fifteen (15) working days from the

u


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receipt thereof. The period may be extended whenever the information requested
requires a search of the government agency's field or satellite offices or requires the
examination of voluminous records, or whenever the government agency is
prevented to comply because of fortuitous events, or other analogous cases;

(f) The government agency shall, in writing or through electronic means, notify the
requesting party 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.

(g) Once a decision is made to grant the request, the requesting party shall be notified
of such and be made to pay the required access and processing fees.

SECTION 17. Access and Processing Fees—Government agencies may charge a
reasonable fee to reimburse the actual cost of reproduction, copying or transcription,
and communication of the information requested.

SECTION 18. Notice of Denial—if the government agency decides to deny the
request, in whole or in part, it shall, as soon as practicable, within fifteen (15) working
days from the receipt of the request, notify, in writing or through electronic means, the
requesting party of such denial, setting forth the grounds for denial. Failure to notify the
requesting party of the denial or extension shall be deemed a denial of the request for
access to information.

SECTION 19. Remedies in Cases of Denial.—
(a) In all government agencies other than the judicial branch —

() Every denial of a request for access to information may be appealed to the
head of the agency, following the procedure mentioned in Section 18(a)(8) 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 within
fifteen (15) calendar days from filing. Failure to resolve the appeal within the
aforementioned period shall constitute a denial of the appeal.

(i) 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

12


1 days from filing, or earlier when time is of the essence, taking into account the

2 nature of the information requested, context of the request, public interest
3 involved, and the possibility of the information being moot. The Office of the
4 Ombudsman shall promulgate its special rules of procedure for the immediate
5 disposition of complaints filed pursuant to this Section, Unless restrained or
6 enjoined, the decisions of the Office of the Ombudsman shall be immediately
a executor, without prejudice to review in accordance with the Rules of Court.

8 (iii) Instead of filing a complaint with the Office of the Ombudsman, whenever a
9 request for information is denied originally or on administrative appeal, the
10 person denied access to information may file a verified petition for mandamus

u in the proper court, alleging the facts with certainty and praying that
judgement be rendered ordering the respondent public official, immediately or

13 at some other time to be specified in the order of the court, to disclose the
14 information and to pay damages sustained, if any, by the person denied
15 access to information by reason of the denial. The procedure for such petition
16 shall be summary in nature.

17 (iv) In resolving a complaint or petition brought under the paragraphs (ii) and (iii)
18 of this Section, the Office of the Ombudsman or the court before which the
19 petition for mandamus was filed is empowered to receive the information
20 subject of a claim of exception under Section 6 of this Act, and, when it
a cannot be reasonably determined through evidence and circumstances apart
22 from information, examine the information in camera to determine the
23 sufficiency of the factual and legal basis of such claim.

25 (b) In the judicial branch—The remedies available to a person denied access by an

26 office in of the judiciary shall be governed by such remedies as promulgated by the
27 Supreme Court.

28

29 (c) The remedies under this Section are without prejudice to any other administrative,
30 civil or criminal action covering the same act.

i (d) The remedies available under this Act shall be exempt from the rules on non-
33 exhaustion of administrative remedies and the application of provisions of Republic
34 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

37 Attorney's Office shall be mandated to provide legal assistance to the requesting
38 party or the person denied access in availing of the remedies provided under this
39 Act.


32

SECTION 20. Keeping of Records. —

(a) Government agencies shall create and/or maintain in appropriate formats, accurate
and reasonably complete documentation or records of their organization, policies,
transactions, decisions, resolutions, enactments, actions, procedures, operations,
activities, communications and documents received or filed with them and the data
gathered or collected, These shall include working files such as drafts or notes,
whenever these have been circulated within the agency for 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 to the National Archives of the Philippines. In addition,
the National Archives of the Philippines shall likewise identify specific and classes of
official records that it shall require agencies to preserve and transfer to it.

(c) In addition to the specific and classes of official records identified for preservation
under subsection (b) of this Section, the following shall not be destroyed:

(i) Records pertaining to loans obtained or guaranteed by the government;

(i) Records of government contracts;

(iii) The declaration under oath of the assets, liabilities and net worth of public
officers and employees, as required by law; and

(iv) Records of official investigations pertaining to allegations of graft and

corruption of public officers.

(d) Government agencies shall prepare, following standards and periods promulgated
pursuant to Republic Act No. 9470 or the National Archives of the Philippines Act of
2007, a records management program that includes the following:

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

(ii) 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 official


38

records may be implemented only upon approval of the National Archives of
the Philippines; and

(iil) A specification of the roles and responsibilities of agency personnel in the
implementation of such system and schedule.

(e) In addition to its functions as repository of all rules and regulations issued by
agencies as provided under Book VII, Chapter II of the Administrative Code of the
1987, the University of the Philippines Law Center shall, in coordination with the
Office of the President which has exclusive editorial and printing jurisdiction over the
Official Gazette, and with other relevant agencies, maintain a database, and publish
the same in print in the Official Gazette or in digital or online form, the following

(i) All laws of the Philippines and their amendments, from the period of the
Philippine Commission to the present;

(ii) 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;

(iil) A database of all appointments and designations made by the President of
the Philippines; and

(iv) Opinions of the Secretary of Justice.

SECTION 21. Publication in the Official Gazette—For purposes of mandatory
disclosure as provided in Section 7 of this Act, online publication in the Official Gazette
Online 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 Official Gazette Online, 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 courts of sufficient

importance to be so published;


(d) Such documents or classes of documents as the President shall determine from
time to time to have general application or which he may authorize to be so
published.

However, other documents or classes or documents as may be required to be published
by law, such as petitions and/or legal notices in connections 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 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 III, Section 6 of the 1987 Constitution.

SECTION 23. Separability Clause—lf any section or part of this Act is held
unconstitutional, no other section or provision shall be affected.

SECTION 24. 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 August 14, 1964
(Promulgating Rules Governing Security of Classified Matter in Government Offices), as
amended, and Section 3, Rules IV of the Implementing Rules of Republic Act No. 6713
(Code of Conduct and Ethical Standards for Public Officials and Employees), are
deemed repealed.

SECTION 25. Effectivity—This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation

Approved,