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5 JU 2019

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

House Bill No. _54 .

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

EXPLANATORY NOTE

Section 24 of Article II under the 1987 Philippine Constitution provides that the State recognizes
the vital role of communication and information in nation-building. Section 28 of the same
articulates that subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.

Moreover, Section 7 of Article II under the same mandates that the right of the people to
information on matters of public concern shall be recognized and that 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. However, while the public's right to
information is firmly enshrined in the Constitution and affirmed by the Supreme Court, access to
public records largely remain limited.

This bill hopes to add on and enhance our democratic ideals and further empower our people.
This measure seeks to respond to the problems involving basis for sanctions in cases of violation
of the right to information. The existing remedy to compel disclosure, primarily judicial, is
inaccessible to the general public; government’s record-keeping system is in a very poor state,
the level of bureaucratic commitment to openness is low; and the cost of access to certain
information is excessive.

Furthermore, the bill provides for the following:
‘© Anexpansive scope in terms of government agencies as well as information covered;
‘© A clear, uniform and speedy procedure for access to information;
‘* A proscription against excessive costs of access to information;
‘* A system of accessible and speedy remedies that a citizen who has been denied access to
information may resort to;
* A mandate to promote a culture of openness within government; and


¢ Lear administrative, criminal and civil liability for violation of the right to information

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

MAN' HAN II
Representat
Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
‘Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 94

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
IMPLEMENTING THE PEOPLE’S RIGHT TO INFORMATION AND THE
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY IN
‘THE PUBLIC SERVICE AND FOR OTHER PURPOSES

Be it enacted by the Senate and House Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. -This Act shall be known as the “People’s 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 transaction involving public interest, subject to the procedures and limitations
provided by this Act. It is likewise a declared policy of the State to promote the meaningful and
increased participation of the people in government decision-making and public accountability.

Public officials and employees, in the performance of their duties under this Act, as well
as citizens in the exercise of their rights under this Act, shall handle information kept or obtained
under this Act fairly, lawfully and with due regard to the full protection of the right to privacy of
individuals.

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

(a) “Information” shall mean any public and/or official record, document, paper,
report, letters, contract, minutes and transcripts of official meetings, maps, books,
photographs, data, research material, film, audio and video recordings, magnetic
or other tapes, electronic data, computer stored data, or other like or similar data
‘or material of public concem 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.


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(b) “Official record/records” shall refer to information, in final form, produced or
received by a public officer, employee, or a government in an official capacity or
pursuant to a public function or duty.

(©) “Public record/records” shall include information required by law, executive
order, rules and regulations to be entered, kept and made publicly available by a
government agency.

(d) “Public service contractor” shall be defined as a private entity that has a dealing,
contract or transaction of whatever form or kind with the goverment or a
government agency/oflicethat utilizes public funds.

(©) “Personal information” shall refer to any information, whether recorded in a
material form or not, from which the identity of an individual is apparent or can
be reasonably and directly ascertained by the entity holding the information, or
when put together with other information, would directly and certainly identify an
individual.

(f) “Sensitive personal information” shall refer to personal information:

(1) About an individual’s race, ethnic origin, marital status, age, color, and
religious, philosophical or political affiliations;

(2) About an individual's health, education, genetic or sexual life of a person,
or to any proceeding for any offense committed or alleged to have been
committed by such person, the disposal of such proceedings or the
sentence of any court in such proceedings;

(3) Issued by government agencies peculiar to an individual which includes,
but not limited to, social security numbers, previous or current health
records, licenses or its denials, suspension or revocation, and tax returns;
and

(4) Specifically established by an executive order or an act of Congress to be
kept classified.

SEC. 4. Coverage. — This Act shall cover all government agencies. Government agency
or agencies shall include the executive, legislative and judicial branches as well as constitutional
bodies of the Republic of the Philippines including, but not limited to, the national government
and all its agencies, departments, bureaus, offices and instrumentalities, constitutional
commissions and constitutionally mandated bodies, local governments and all their agencies,
regulatory agencies, chartered institutions, government-owned or —controlled corporations,
including wholly-owned or controlled subsidiaries, government financial institutions, and state
universities and colleges.

SEC. 5. Access to Information. —Every Filipino citizen has the right to and shall, on
request, be given access to any information of public concer under the control of a government


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agency regardless of the physical form or format in which they are contained, subject only to the
exceptions enumerated in Section 7 of this Act.

SEC. 6. Presumption. —There shall be a legal presumption in favor of access to
information. No request for information shall be denied unless it clearly falls under the
exceptions provided under this Act. Accordingly, government agencies shall have the burden of
proof of showing by clear and convincing evidence that the information requested is exempted
from the disclosure by this Act.

SEC. 7. Exceptions. —Access to information shall be granted unless:

(a) The information is specifically authorized to be kept confidential under guidelines
established by an Executive Order, and in fact properly classified pursuant thereto: Provided,
That:

1) The information directly relates to national security or defense and its revelation may
cause damage to national security or international and external defense of the State; or

2) The information requested pertains to the foreign affairs of the Republic of the
Philippines, when its revelation shall unduly weaken the negotiating position of the
government in an ongoing bilateral or multilateral negotiation or seriously jeopardize the
diplomatic relations of the Philippines with any state, or prejudice the entrusting of
information to the Republic of the Philippines on a basis of confidence by the
government of any other country or any international organization: Provided, further,
That sufficient information is disclosed to afford reasonable public participation in
government decision-making on bilateral and multilateral agreements: Provided, even
further, That the head of the department or agency having custody or possession of such
information, shall keep under continuing review all classified information in his custody
and may direct the declassification review of such review as needed. Declassification of
the information shall be subject to the approval of  thePresident.

(b) The information consists of minutes or records of advice given, or of opinions expressed
during decision-making or policy formulation,including exchanges when the chief executive
to be part of presidential communications privilege. Whenever disclosure would significantly
undermine the free and frank provision of advice or exchange of views: Provided, That an
executive order shall be issued specifying the reasonable period after which information
invoked to be privileged under this paragraph shall be made accessible to the public.

(c) The information requested pertains to internal and/or external defense, law enforcement, and
border control, when the disclosure thereof may:

(1) Compromise or interfere with any legitimate military or law enforcement
operation;

(2) Compromise or interfere with the legitimate prevention, detection or
suppression of criminal activity, or the legitimate implementation of
immigration controls and border security;


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(3) Lead to the disclosure of the identity of a confidential source, including a
government, 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;

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

(5) Endanger the life or physical safety of any individual; or
(© Deprive a person of a right to a fair trial and impartial adjudication.

(d) The information requested pertains to matters of human security, such as, but not limited to,

food, health, money and trade: Provided, That such disclosure or premature disclosure will
peril our well-being or degrade the quality of life of our people by causing unnecessary
panic and conflict and threatening to limit the range of policy choices available to the
concerned implementing and regulating agencies: Provided, further, That this exception shall
apply only until such time that the confidentiality requirement of the action plan of said
agency is no longer necessary in addressing the said security issue.

(©) The information requested consist of drafts of orders, resolution, decisions, memoranda or
reports by any executive, administrative, regulatory, constitutional, judicial or quasi-
judicial body in the exercise of their regulatory, audit and adjudicatory function, the
revelation of which would impair the impartiality of verdicts or otherwise obstruct the
administration of justice.

(®) The information requested is obtained by either House of Congress, or any committee
thereof, in executive session.

(g) The information requested pertains to the personal and sensitive information of a natural
person other than the requesting party, and its disclosure would constitute an unwarranted
invasion of his or her personal privacy, or the person is or was an official or employee of a
government agency and the information relates to his other public function or the person has
consented, in writing, to the disclosure of the information.

(h) The information requested pertains to trade secrets and commercial or financial information
obtained from a natural or juridical person other than the requesting party, obtained in
confidence or covered by privileged communication, and/or filed with a government agency,
whenever the revelation thereof would prejudice the interests of such natural or juridical
person in trade, industrial, financial, or commercial competition.


(i) The information is classified as privileged communications in legal proceedings by law or by
the Rules of Court, unless the person entitled to the privilege has waived it.

G@) The information requested is exempted from disclosure by the Constitution or by law,
including information protected under the Anti-money Laundering Law, as amended, and the
bank secrecy laws.

(k) The information is of nature that is premature disclosure would:

(1) In the case of an agency that regulates or deals with currencies, interest rates,
securities, commodities, or financial institutions, be likely to lead speculations
in currencies, interest rates, securities, or commodities market; or

(2)In the case of other agencies, be likely to frustrate the effective
implementation of a proposed official action: Provided, That the information
shall be disclosed once the abovementioned dangers have ceased.

(I) The information has already been made accessible as provided in Sections 8(a), 9, 11 and 14
of this Act.

For paragraphs (c) to (m) 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 central or field officer/s duly designated by him:
Provided, That:

(1) The exceptions are strictly construed;
(2) The exceptions are not used to cover-up a crime or any unlawful activity;

(3) The President, the Supreme Court, the Senate, the House of Representatives,
and the Constitutional Commissions, with a majority vote of the body in
accordance with their own rules of procedure, when applicable, may waive an
exception with respect to information in the custody of offices under their
respective supervision or control when they deem that there is an overriding
public interest in disclosure;

(4) The exceptions do not constitute authority to withhold information from or
limit the availability of records to Congress or any of its committees;

(5) The exceptions do not constitute an authority of the executive branch of a
local government unit to withhold information from its legislative body;

(6) Whenever the information requested is part of a record, whose other parts are
covered by an exception, but may be reasonably severed from a record, the
responding official shall communicate the information not covered by the
exception to the requester; and


(7) The exceptions set forth in this section may be overcome if the requester is
able to prove before a court of competent jurisdiction that the public interest
in the disclosure of information outweighs the public interest in keeping the

1 information secret or confidential;
(m) The information requested pertains to information about the ongoing evaluation or review of
bids or proposals undertaken by the bidding or review committee prior to an official
recommendation by the government.

SEC. 8. Access to information shall be granted unless. —

(a) In fulfillment of Article XI, Section 17 of the Constitution, the following national officials
shall disclose to the public their Statement of Assets, Liabilities, and Net Worth (SALN) on an
annual basisintheirofficialwebsite:

(1) President;

(2) Vice-President;

(3) Members of the Cabinet;

(4) MembersofCongress;

(5) JusticesofSupreme Court;

(6) Members of Constitutional Commissions and other constitutional offices; and

(7) Officers of the armed forces with general or flag rank.

b) All agencies of all branches of government shall upload on their websites, which shall be
updated monthly, a register of the following public interest transactions, documents of
recordsincluding

(1) Annual Budget of Government Agencies;

(2) Itemized Monthly Collections and Disbursement;
(3) Summary of Income and Expenditures;

(4) Component of IRA Utilization;

(5) Annual Procurement Plan and Procurement List;

(6) An updated plantilla of positions and vacant positions with qualifications/
requirements in their organizations that need to be filled-up;


(7) Item to Bid;

(8) Bid Results onCivilWorksandGoodsandServices;

(9) Abstract of Bids as Calculated;

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

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

(12) Private sector participation agreements or contracts in infrastructure and
development projects under Republic Act No. 6957, as amended by Republic Act
No. 7718, authorizing the financing, construction, operation and maintenance of
infrastructure project;

(13) Public funding extended to any private entity;

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

(15) Licenses, permits or agreements granted by any government agency to any
person or entity for the extraction and/or utilization of natural resources and a list
of the grantees;

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

(17) Loans from domestic and foreign financial institutions;

(18) Loans, grants, development assistance, technical assistance, and programs
entered into by a government agency with official bilateral or multilateral
agencies, as well as with private aid agencies or institutions; and

(19) Compromise agreements entered into by a government agency with any person
or entity.

The register shall contain a brief description of the transcription of the
transaction involved, including, but not limited to: the nature and object of the
transaction, the parties and amounts involved, the key steps undertaken towards its
conclusion, and the relevant dates, provided that contracts and agreements involving
an amount of at least Fifty million pesos (Php 50,000,000.00) shall be uploaded in
full on the website of the concerned government agency or the Official Gazette
online. A covered record shall be enrolled in the register not later than thirty (30)
working days from its perfection or issuance.


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SEC. 9.Openness and Transparency in Government Agencies. - Each government
agency shall make available upon the request of any citizen at no cost and in an accessible
form, consistent with the provisions of Republic Act No. 9485 or the Anti-Red Tape Act of
2007, and through their website, timely, true, accurate and updated key information
including, but not limited to:

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

(2) A description of the frontline services it delivers and the procedure and length
of time by which they may be availed of:

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

(4) Audited financial statements, and budget and expenditure records;

(5) Statements of assets, liabilities and net worth of all public officials with
Salary Grade 27 and above or heads of office;

(6) Monthly income including allowances and sources of income of all public
officials with Salary Grade 27 and above and heads of office;

(7) Work programs, development plans, investment plans, projects, performance
targets and accomplishments, and budgets, revenue allotments and expenditure.

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

(9) Rules of procedure, descriptions of forms available or the places at which
forms may be obtained, and instructions as to the scope and contents of all papers,
reports, or examinations;

(10) Substantive rules of general applicability adopted as authorized by law, and
statements if general policy or interpretations of general applicability formulated
and adopted by the agency, including subsequent amendments;

(11) Current and important database and statistics that it generates;
(12) Bidding processes, deadlines and requirements;

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


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(14) Any disclaimer that shall announce true and correct information relative to a
matter of public concem that has been the subject of untruthful or inaccurate
publication in media.

All government agencies shall over time endeavor and build the capacity and
practice to upload in full all other contracts, agreements, or treaties covered under
this section, in particular those that are of the highest public interest by reason of
the amounts involved and the impact of the transaction to the public.

SEC. 10Protection 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 and sensitive information in
its custody or under its control is disclosed only as permitted under this Act;

(b) A government agency must protect personal and sensitive 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 and sensitive information in the
custody of the agency, must not disclose that information except as authorized
under this Act.

SEC. 11. Freedom of Information Manual. —

(@) For the effective implementation of this Act, all government agencies shall prepare a
Freedom of Information Manual within six (6) months from the effectivity of this act
indicating the following:

1)

2)
3)
4)
5)

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;

The types of information it generates, produces, holds and/or publishes;

A description of its record-keeping system;

The person or office responsible for receiving requests for information;

The procedure for the filing of requests personally, by mail, or through the
identified electronic means;


6) The standard forms for the submission of request and for the proper
acknowledgment of the request;

7) The process for the dispcsition of the request, including the routing of the request
to the person or office with the duty to act on the request, the decision making
process, and the grant or denial of access and its implementation;

8) The procedure for the administrative appeal of any denial for access to
information;

9) The schedule of fees;

10)The process and procedure for the mandatory disclosure of information under
Section 8 of this Act: Provided, That, should the agency lack the capacity to fully
comply therewith, a brief description of its plan to facilitate compliance within
three (3) years from the approval of this Act; and

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

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

(b) In no case shall the absence of the aforementioned FOI Manual be a reason for
the denial of any request for information made in accordance with this Act;
and

(c)The heads of each of the departments and agencies may designate liaison units
or Committees who shall coordinate with the other units of the agency in
implementing this Act. The composition, functions and duties of these liaison
units or Committees shall be included in the FOI Manual.

SEC. 12. Procedure of Access. —

(a) Any person who wishes to obtain information shall submit, free of charge, a
request to the government agency concerned personally, by mail, or through
electronic means. A person who is unable, because of illiteracy or due to
being a person with disability, to make a written request for information may
make an oral request, and the public official who receives the oral request
shall reduce it to writing, 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

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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 govemmment agency, or
government or private employer or school, or a community tax certificate. If
the request is submitted by mail or through electronic means, the requesting
party may submit a photo static or electronically scanned copy of verifiable
identification, or other convenient means as determined by the agency.

(b) The public official receiving the request shall provide reasonable assistance,
free of charge, to enable all requesters and particularly those with special
needs, to comply with the request requirements under this section.

(©) The request shall be stamped by the government agency, indicating the date
and time of receipt and the name, rank, title and position of the receiving
public officer or employee with the corresponding signature, and a copy
thereof furnished to the requesting party. In case the request is submitted by
electronic means, the government agency shall provide for an equivalent
means by which the requirements of this paragraph shall be met. Each
government agency shall establish a system to trace the status of all requests
for information received by it.

(d) The request may indicate the requesting party’s preferred mode and means of
receiving the information requested, provided that the mode and means are
reasonable, taking into consideration equipment normally available to the
concerned government agency.

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

(f) The government agency shall comply with such request as soon as practicable,
and in any case within fifteen (15) working days from the receipt thereof. The
period may be extended whenever the information requested requires a search
of the government agency's filed or satellite offices, examination of
voluminous records, the occurrence of fortuitous events or other analogous
cases.

(g) The goverment agency shall, in writing or through electronic means, notify
the person making the request of the extension, setting forth the reasons for
such extension and the date when the information shall be made available,
which in no case shall result in an extension of more than twenty (20) working
days.

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

If the information is not held by the government agency to which the request was
made, it shall notify the requester that it does not hold the information, and indicate to the
requester which agency holds the record, if known. Whenever practicable, the agency
receiving the request may also cause the transfer of the request to the appropriate agency
that holds the information: Provided, That the period to comply with the request under
this section shall begin to run only upon the receipt of the agency to which the request is
transferred.

SEC. 13. Access and Processing Fees. -Government agencies may charge a
reasonable fee which shall in no case exceed the actual cost of reproduction, copying or
transcription and the communication of the information requested. Any agency may
waive the fees whenever it is satisfied that the requester is an indigent. Or that the cost of
reproduction s negligible or that it is pursuant to a program for disclosure.

SEC. 14, Exemption from Compliance. ~The government agency is excused
from complying with a subsequent identical or substantially similar request from the
same requesting party where it has previouslycomplied with a request for information,
unless a reasonable interval has lapsed between compliance with the previous request and
the making of the current request: Provided, That the government agency complies with
the Section 15 of this Act.

SEC. 15. Notice of Denial.-If the government agency decides to deny the request,
in whole or in part, it shall, as soon as practicable, and in any case within fifteen (15)
calendar days from the receipt of the request, notify the person making the request such
denial in writing or through electronic means. The native shall clearly set forth the
grounds for denial of the request for access to information.

SEC. 16. Remedies in Case of Denial of Request for Information-
(@) 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 of the same agency, following the
procedure mentioned in Section 11 (a)(8) of this Act: Provided, That the
written appeal must be filed by the sameperson making the request within
fifteen (15) calendar days from, the notice of denial. The appeal shall be
decided by the person or office next higher in authority if the same agency
within five (5) working days from filing of said written appeal. Failure of the
government agency to decide within the aforestated period shall constitute
denial of the appeal.

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(2) Upon denial of appeal with the government agency, the requesting party may
file a verified petition for mandamus in the proper court, alleging the facts
with certainty and praying that judgment may be rendered ordering the
respondent, immediately or at some other time to be specified by the court, to
disclose the requested information. Unless restrained or enjoined, the decision
of the court shall be immediately executory, without prejudice to review in
accordance with the Rules of Court. Any action for administrative and/or
criminal liability arising from the same act or omission, if any, shall be filed
with the Office of Ombudsman.

No damages shall be assessed against the respondent acted with malice,
bad faith or negligence. Subject to the provisions of existing laws and the
issuances of the Supreme Court, all courts shall give preference to the hearing
and disposition of petitions for mandamus filed pursuant to the provisions of
this Act. The court hearing the case is empowered to receive the information
subject of the 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 promulgated
by the Supreme Court.

(c) The remedies provided in this section are without prejudice to any other
administrative, civil or criminal action covering the same act.

(d) The remedies available under this Act shall be cumulative and subject to the rule of
exhaustion of administrative remedies.

(©) The provisions of Republic Act No. 9285, otherwise known as the Altemative
Dispute Resolution Act of 2004, shall not apply to cases filed pursuant to this section.

(f) In case the requested party has limited or no financial capacity, the Public Attomey’s
Office shall be mandated to provide legal assistance to the requester in availing the
remedies provided under this Act.

SEC. 17. Keeping of Records.-

(a) Government agencies shall create and/or maintain in appropriate formats, accurate
and reasonably complete documentation or records of their organization, policies,
transactions, decisions, resolutions, enactments, actions, procedures, operations,
activities, communications and documents received or filed with them and the
data generated or collected. These shall include working files such as drafts or
notes, whenever this has been circulated within the agency for official purpose

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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, activities. This likewise include information
submitted by public service contactors to the government agency concerned such
as receipts, identities of the suppliers, purchase orders, cash vouchers, related
agreements with other private entities, and other documents related to the
execution or the implementation of their transaction or contracts with the
government agency involved;

(b) Government agencies shall identify specific and classes of official records in their
custody or control that have continuing historical, administrative, informational,
legal, evidentiary, or research value for preservation by such agencies or theit
legitimate successors, or for transfer to the National Archives of the Philippines
shall likewise identify specific and classes of official records that it shall require
agencies to preserve and transfer to it;

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

(1) Records pertaining to loans obtained or guaranteed by the government;
(2) Records of government contracts;

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

(4) Records of official investigations pertaining to allegations of 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 program that includes the following: A
records maintenance system for the creation, selection, classification, indexing
and filing of official records that facilitate the easy identification, retrieval and
‘communication of information to the public; A records maintenance, archival and
disposition schedule providing a listing of records under current use, for retention
by the agency, for transfer to the National Archives, or for destruction: Provided,
That destruction of the official records may be implemented only upon approval
of the National Archives of the Philippines; and A specification of the roles and
responsibilities of agency personnel in the implementation of such system and
schedule; and

(©) 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
1987, the University of the Philippines Law Center shall, in coordination with the

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Office of the President which has exclusive editorial and printing jurisdiction over
the Official Gazette, and with other relevant agencies, maintain a database, and
publish the same in print in the Official Gazette or in digital or online form, the
following:

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

(2) All presidential issuances from November 15, 1935 to the present
including, but not limited, to executive orders, presidential proclamations,
administrative orders, memorandum circulars, general orders, and other
similar issuances;

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

(4) Opinions of the Secretary of Justice.
‘SEC. 18. Publication in the Official Gazette.For purposes of mandatory disclosure as

provided in Section 8 of this Act, online publication in the Official Gazette website shall be
considered official publication provided there shall be a timestamp in the said document.

For purposes of compliance with Article 2 of the Civil Code of the Philippines,
publication of the following in the online version of the Official Gazette, with the corresponding
timestamps on the document, shal! be considered as official publication:

(a) All legislative acts and resolutions of a public nature of the Congress of the
Philippines;

(b) All executive and administrative orders and proclamations of general application;

(c) Decisions or abstract of detisions 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 publishes;

(@) Such documents or classes of documents as the President shall determine from
time to time to have general application or which he may authorize to be
published. However, other documents or classes of documents as may be required
to be published by law, such as petitions and/or legal notices in connection with
land titles, naturalization or special proceedings shall continue to be published in
the print version of the Official Gazette or in any newspaper of general circulation
for purposes of compliance with the publication requirement.

SEC.19. Capacity-Building, Promotion of Best Practices and Continuous Updating of
Appropriate Information Technology and FOI. —All government agencies must ensure that they

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have a complaint website within two (2) years from the date of effectivity of this Act. The
National Computer Center shall monitor all government agency websites and render the

appropriate agency, utilizing altemative mechanism and seeking the assistance of private
relevant and willing volunteer groups to ensure full compliance with the requirements of this
Act.

In the performance of its monitoring function of government websites and portals, the
National Computer Center shall endeavor to continuously develop, improve and update its
information technology system taking into consideration usability and practical accessibility of
government documents by the public.

‘The Department of Science and Technology shall be responsible for setting the standards
for the file formats to be used by the political subdivisions of the State. All national and local
government agencies including GOCCs with or without original charter in the publication of
government public information in accordance with the provisions of this Act.

Every government agency shall ensure the provision of adequate training for its officials
to improve awareness of the people’s right to information and provisions of this Act, and to keep
updated as to best practices in relation to information disclosure, records maintenance and
archiving.

SEC. 20. Use of Plain Language.-Every government agency shall endeavor to use plain
language in their communications orders, compliance, requirements or instructions issued to
implement provisions of this Act. The government agencies shall translate key information into
major Filipino languages and present them in popular form and means,

(1) To carry out the provision of this Act, the Civil Service Commission (CSC) is
designated to issue guidelines on the use of plain language to suit the needs of the
requesting party;

(2) The CSC shall provide the necessary training to employees of each government
agency in using plain language in public documents;

(3) All departments, agencies and instrumentalities of the national government,
including government-owned or- controlled corporations, local government units
and state colleges and universities shall designate an official responsible for
implementing the plain language; and

(4) Website contents including, but not limited to, financial data, notices and other
technical and legal documents, of government agencies must also be written in
plain language to ensure that these information are easy to read, understand and
use.

SEC. 21. Administrative Offenses and Penalties.-

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(a) The acts enumerated in this sub-section shall be tantamount to grave administrative
offenses and shall constitute grounds for administrative and disciplinary sanction
against any public official or employee who willfully and knowingly commits the
following:

(1) Refusal to promptly forward the request under Section 12 of this Act to the
public officer within the same office or agency responsible for officially
acting on the request when such is the direct because of the failure to disclose
the information within the periods required by this Act;

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

(3) Refusal to comply with the decision of his immediate supervisor, or of any
court ordering the release of information;

(4) Approval of policies, rules and regulations clearly contrary to the provisions
of this Act, and which policies, rules and regulations are the direct cause of
denial of a request for information; and

(5) Failure to upload information required to be posted on agency's website
within the period provided under Section 19: Provided, That the head of
agency or any other officer or employee tasked to perform said uploading
shall be held liable.

(b) The preceding subsection does not bar filing of appropriate administrative cases other
than those grave offenses enumerated above.

SEC. 22. Criminal Offenses and Penalties.~The penalty of imprisonment not less
than one (1) month but not more than six (6) months and a fine ranging from Ten
thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00) shall be
imposed upon:

(@) Any public official or employee who fillsely denies or conceals the existence of
information that is a proper subject for disclosure under this Act.

(b) Any public official or employee who destroys, or cause to be destroyed, information
and/or documents being requested under this Act, for the purposes of frustrating the
requesting party’s access thereto.

(©) Any individual who knowingly directed, induced or caused the commission of the
foregoing acts shall be held liable as principal by inducement in the prosecution of
public officials or employees under this section.

(@) 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.

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(e) Any individual who divulged or released information covered under Section 7 of this
Act.

(0) Any public officer or employee who divulged or released information that is altered,
tampered or modified to the extent that the released information materially differs
from the original content of the document: Provided, That altering or modifying a
document for the purpose of severing an exempt information in a single document
shall not be punishable under this subsection.

(g) The responsible officers of the public service contractor and the signatories to the
contract or any document evidencing transaction with the government or government
agency who fail to submit necessary documents/papers.

If the violation committed in this Act is induced and assisted by a private individual
or a corporation, partnership or any kind of judicial entity, the penalty provided
herein shall be imposed on its executive officer and/or other officials responsible
therefor: Provided, That they shall suffer, in addition to the penalties provided herein,
the automatic revocation of their license to operate.

SEC. 23. Denial in Good Faith Not a Ground for Liability.-A denial in good faith of a
request made pursuant to the provisions of this Act shall not constitute grounds for
administrative, civil or criminal liability. In cases of denial of the request, the public official,
officer or employee involved must prove that he/she acted in good faith by specifying the ground
relies upon for the denial.

SEC. 24. Act Not a Bar to Claim of Right to Information Under the Constitution.- No
provision of this Act shall be interpreted as a bar to any claim of the right to information under
Article III, Section 7 of the Constitution.

SEC. 25. Integration of Freedom of Information (FOI) and Good Governance in
Elementary and Secondary Curriculum.-To ensure well-informed generation of citizens, the
right to information, the principles of accountability and transparency, democracy and
leadership, and good governance shall be integrated in’ such subjects such as Heyograpiya,
Kasaysayan at Sibika (HEKASI) and AralingPanlipunan in the elementary level and in such
subjects such as Social Studies and Makabayan or its equivalent subjects in high school level.
The Department of Education in accordance with the Civil Service Commission and other
relevant offices shall prepare necessary module and teaching programs consistent with the
objectives of this Act.

SEC. 26. Reports on FOI. ~All government agencies shall be required to submit annual
reports on the number of requests for information received and processed, of appeals made from
the denial thereof, and such other information as provided in this Act. The said report may be
integrated in the agencies’ main Annual Report and its posting and publication in their respective
websites shall be considered as sufficient compliance.

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SEC. 27. Systems of Incentives and Rewards. ~A system of special incentives and
rewards is hereby established to be given to appropriate government agency or agencies that
initiated and displayed compliance in full participation in the meaningful implementation of this
Act. The incentives and rewards may include, but not limited to, social projects, grass
national recognition, and similar entitlements.

SEC. 28. Appropriations. ~The amount necessary to carry out provisions of this Act shall
be charged against the Agencies’ current budget and shall thereafter be included in the annual
General Appropriations Act.

SEC. 29. Separability Clause. -If any section or part of this Act is held unconstitutional
or invalid, the other sections or provisions not otherwise affected shall remain in full force and
effect.

SEC. 30. Repealing Clause. ~All laws, decrees, executive orders, rules and regulations,
issuances or any part thereof inconsistent with the provisions of this Act, including Section 18,
24 and 25 of Executive Order No. 292 in relation to Article 2 of Republic Act No. 386,
Memorandum Circular No. 78 dated 14 August 1964 (Promulgating Rules Governing Security of
Classified Matter in Government Offices), as amended, and Section 3, Rule IV of the Rules
Implementing Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public
Officials and Employees), are deemed repealed: Provided, That Memorandum Circular No. 78
shall be deemed repealed after one (1) year from effectivity of this Act or upon issuance of the
Executive Order in Section 7(a) whichever comes first.

SEC. 31. Effectivity. ~This Act shall take effect fifteen (15) days after its publication in
at least two (2) national newspapers of general circulation, whichever comes earlier.

Approved,

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