13TH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
77 
S. No. 
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INTRODUCED BY HON. MANUEL B. VILLm JR. 
EXPLANATORY NOTE 
It is the avowed policy of the government to afford to all its citizens broad access to 
public records consistent with their Constitutional right to obtain information on government 
transactions involving public interest and on matters of national concern. This Constitutional 
right is embodied in Article 11, Section 28 of the Constitution which provides: “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.” Article 111, Section 7 also states: “The 
right of the people to information on matters of public concern shall be recognized. Access to 
official records, and to documents, and papers pertaining to official acts, transactions, or 
decisions, as well as to government research data used as basis far policy development, shall be 
afforded the citizen, subject to such limitations as may be provided by law.” 
The above-quoted Constitutional provisions are clear affirmations of our adherence to a 
basic republican and democratic tenet -- the recognition of the people’s primordial right to be 
informed of the workings of its government. Our rights and obligations enshrined under the 
Constitution would be meaningless if the working and operation of Government are shrouded in 
secrecy. This Bill, seeks to put an end to such deplorable practice which did not only wreak 
havoc on our economy but also eroded the trust that the people had reposed on the government. 
Approval of the Bill is earnestly requested. 
MANUEL B. 7 
JR. 


13TH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
77 
S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
AN ACT IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON 
MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, 
ARTICLE I11 OF THE 1987 CONSTITUTION AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philppines in Congress 
assembled: 
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SECTION 1. 
Title. - This Act shall be known as the “Freedom of Access to Information Act.” 
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SEC. 2. 
Declaration of Policy. - It is the policy of the State to afford to all its citizens broad 
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access to public records consistent with their constitutional right to obtain information on 
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government transactions involving public interest and matters of national concern. 
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SEC. 3. 
Access to Information. - The following shall be made available for public scrutiny: 
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records, documents,. papers, research materials, tapes, microfilm, videotapes and the like, 
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statements of policy and interpretations thereof, final opinions, as well as orders made in the 
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adjudication of cases, administrative staff manuals and instructions affecting the public which 
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are kept in or under the executive branch of the government, including the Office of the 
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President, government research institutions, local governments, the military establishment and 
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government-owned or -controlled corporations which are hereinafter referred to as government 
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agencies. 
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SEC. 4. 
Exemptions. - The following are deemed exempted from Section 3 hereof: 
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(a) 
Documents and papers pertaining to such official acts, transactions and decisions, 
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determined by the President as “Classified Information” in an Executive Order duly published in 
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the Official Gazette or in at least two (2) newspapers of general circulation in the Philippines, 


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which, when the reproduction or revelation of information thereof, will create a clear and present 
danger to the security of the State. 
(b) 
the reproduction or revelation of information thereof would: 
(1) 
Unduly interfere with law enforcement proceedings; 
(2) 
Deprive a person of the right to a fair trial or an impartial adjudication; 
(3) 
Disclose the identity of a confidential source or reveal confidential information 
furnished by the confidential source to the government agency on policy or intelligence 
investigations; 
(4) 
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(6) 
families. 
(c> 
two Houses of Congress in executive session; 
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Documents, papers and similar information on medical and personnel records, which, 
when the reproduction or revelation or unauthorized disclosure of information thereof, would 
constitute an invasion of personal privacy; 
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established discovery processes; 
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Trade secrets, commercial or financial information obtained by a government agency 
responsible for the supervision and regulation of financial institutions, including those which are 
contained in or related to examination, operating or condition reports prepared by or made on 
behalf of or for the use of any government agency responsible for the supervision and regulation 
of financial institutions; and 
(g) 
Those which are exempted by law or other than the provisions of this Act: Provided, 
however, That any reasonably segregable portion of the record shall be provided to any person 
requesting such record after the exempt portions under this Act have been deleted. 
Documents, records and papers compiled for law enforcement purposes, which, when 
Constitute an unwarranted invasion of personal privacy; 
Disclose investigative procedures, operations and techniques; and 
Endanger the life or physical safety of law enforcement personnel or their immediate 
All documents, papers, information, data and records obtained by any committee of the 
Inter-agency memoranda, opinions and communications concerning a case under 


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SEC. 5. 
Procedure. - Any person who wishes to obtain information or any specific records, 
documents, papers and the like, shall notify the government agency concerned in writing, 
reasonably describing the information required. The government agency concerned shall comply 
with such request within five (5) working days from the receipt thereof. 
If the government agency decides to deny the requests, in whole or in part, it shall, within five (5) 
working days from receipt of request, notify the person making the request of such denial in 
writing. 
The notification shall clearly indicate the name, rank and title or position of the person making 
the denial and the grounds for the denial. 
Cost of the reproduction, copying or transcription of the record or document requested shall not 
constitute a valid ground for the denial of a request without prejudice, however, to the right of the 
government agency to charge reasonable reimbursement. 
SEC. 6. 
Extensions. - In unusual circumstances, as defined under this Act, the time limits 
prescribed in Section 5 above may be extended. Unusual circumstances arise where, in the 
production of the requested information, documents or records, there is a need: 
(a) 
To search for and collect the requested records from field facilities or other 
establishments that are separate from the office processing the request; 
(b) 
distinct records which are demanded in a single request; or 
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For consultation, which shall be conducted within all practicable speed, with another 
agency having a substantial interest in the determination of the request of among two or more 
components of the agency having substantial subject matter interest therein. 
To search for, collect and appropriately examine a voluminous amount of separate and 
The agency shall, in writing, notify the person making the request of the extension setting forth 
the reasons for such extensions and the date on which a determination is expected to be 
dispatched: Provided, however, That no such notice shall specify a date that would result in an 
extension of more than fifteen (1 5) working days. 
SEC. 7. 
Jurisdiction of the Court. - The denial made by the government agency is deemed 
to have been made with permission or clearance from the highest authority having jurisdiction 


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this Act. 
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SEC. 8. 
over the government agency concerned and may, thus, be directly brought within fifteen (15) 
days from receipt of notice of denial to the Regional Trial Court where the agency records are 
situated or held in official custody. 
The Regional Trial Court shall have exclusive and original jurisdiction over the cases filed under 
Preferential Disposition of Cases Under this Act. - Except for cases the court 
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considers of greater importance, proceedings before the court, as authorized by this Act, take 
precedence on the docket over all cases. 
The court shall commence proceedings without delay and shall be conducted summarily where 
the complainant and the defendant may submit their verified complaint and verified answer 
together with supporting documents and affidavits of merit, within a period of fifteen (15) 
working days, without extension. Thereafter, the case shall be deemed submitted for decision. 
The court shall decide the case within fifteen (15) working days from submission of the verified 
complaint and verified answer of the parties. 
SEC. 9. 
within fifteen (1 5 )  days from receipt by the losing party of the decision. 
The appeal must be under oath and must set forth the legal and factual basis therefor. 
The appellee has a period of fifteen (1 5) days without extension, within which to file his verified 
reply which must set forth the factual and legal basis of the reply, after which the appeal shall be 
deemed submitted for decision. 
The Court of Appeals must give priority to the appeal and must render its decision within thirty 
(30) days fkom the date the appeal is submitted for decision. 
SEC. 10. 
Penalties. - Any person found guilty of unreasonably and unjustly withholding any 
information or record, document and the like, requested under this Act shall be punished with a 
fine of not more than Twenty thousand pesos (P20,OOO.OO) or imprisonment of at least six (6) 
months and one (1) day but not more than six (6) years with all the accessory penalties as 
provided for by law, or both, at the discretion of the Court. 
Appeal. - The decision of the lower court may be appealed to the Court of Appeals 


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SEC. 1 1. 
Duties of Government Agency. - Each government agency, which shall be deemed 
to be acting under authority and with permission of the highest authority having jurisdiction over 
the particular agency concerned, shall make the following information available to the public: 
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the public can obtain information or submit requests therefor. 
(b) 
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Each government agency shall publish the above-stated information in the OfJicial Gazette and 
any newspaper of general circulation for the guidance of the public. 
Each government agency shall, within six (6) months after the effectivity of this Act, promulgate 
its procedures, rules and regulations, including fees and charges for the retrieval and production 
of information as provided in this Act. 
The guidelines shall be submitted to the Philippine Information Agency for review as provided in 
Section 14 of this Act. 
SEC. 12. 
Schedule of Fees. - Each government agency shall promulgate its rules and 
regulations, specifying a uniform schedule of fees applicable to all constituent units of such 
government agency: Provided, That such fees shall be limited to the reasonable and standard 
charges for document search and reproduction, and provide only for recovery of the direct costs 
of such search or reproduction: Provided, further, That documents shall be furnished without 
charge or at a reduced charge where the agency determines that a waiver or reduction of the fee is 
in the public interest. 
SEC. 13. 
DeclasslJication of Documents. - Any classified document or paper involving 
national security shall be reviewed every five (5) years by the head of the appropriate agency 
concerned for purposes of declassification. Declassified information or records shall always be 
made available to the public: Provided, That any classified document or paper involving national 
security shall be deemed declassified and open to the public after a period of twenty (20) years 
from the date of publication in the OfJicial Gazette of the Executive Order declaring it to be so, 
Location of head, regional, provincial or field offices or other established places where 
The person or office authorizedh-esponsible to receive and act on the request; and 
Any change, amendment or revision of the foregoing. 


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unless the President of the Philippines in an executive order declares its continued classified 
status. 
SEC. 14. 
General Guidelines. - For the implementation of this Act, the Office of the Press 
Secretary in coordination with the Philippine Information Agency shall promulgate, within three 
(3) months after the effectivity of this Act, the general guidelines by which the government 
agencies shall adhere to in the establishment of their specific procedures, rules and regulations. 
Each agency shall submit its guidelines to the Philippine Information Agency for review to 
ensure standardization of procedures and uniformity of fees, without prejudice to the right of an 
agency to adopt appropriate procedures for its unique functions and responsibilities. 
SEC. 15. 
unconstitutional or invalid, no other section or provision shall be affected. 
SEC. 16. 
Repealing Clause. - All laws, decrees, executive orders, rules and regulations, 
issuances or any parts thereof inconsistent with the provisions of this Act are deemed repealed or 
amended accordingly. 
SEC. 17, 
in at least two (2) national newspapers of general circulation. 
Separability Clause. - If for any reason, any section or provision of this Act is held 
Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication 
Approved,