REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Our people are entitled to live free from threats to their lives and their security and so, there
is no more fundamental role for a government than protecting the peace that its people enjoy.

Activities that undermine the security of the Philippines are often carried out in a
clandestine, deceptive and hostile manner, are increasingly global, complex, and sophisticated, and
often emerge and evolve rapidly. The nature of such threats present to us a reality that protecting the
Filipino people and our country from activities that threaten our security often transcends the
mandate and capability of any one agency of the Philippine government. If we are to succeed, a
united front is much needed.

This representation recognizes that information needs to be shared—and disparate
information needs to be efficiently collated—in order to enable the Government to protect the
Philippines and its people from activities that threaten it.

As such, under this Act, information in respect of activities that undermine the security of
the Philippines and its people is to be shared in a manner consistent with Philippine laws and the
protection of privacy.

In view of the foregoing, approval of this measure is earnestly sought.

ARY C.
Representative
Magdalo Para sa Pilipino Party-L



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

House Bit No._'7884

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
TO ENCOURAGE AND FACILITATE INFORMATION SHARING BETWEEN THE
AGENCIES OF THE PHILIPPINE GOVERNMENT IN ORDER TO PROTECT THE,
PHILIPPINES AGAINST ACTIVITIES THAT UNDERMINE ITS SECURITY

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 “National Information Sharing
Act”

SEC. 2. Declaration of Policy.—It is hereby declared the policy of the State to encourage
and facilitate the sharing of information among the agencies of the Philippine Government in order
to protect the Philippines against activities that undermine it. Information sharing under this Act
shall be guided by the following principles:

a. effective and responsible information sharing protects the Philippines and its

people:

b. respect for caveats on and originator control over shared information is consistent
with effective and responsible information sharing:

c. entry into information-sharing arrangements is appropriate when agencies of the
Philippine government share information regularly;

d. the provision of feedback as to how shared information is used and as to whether it
is useful in protecting against activities that undermine the security of the Philippines
facilitates effective and responsible information sharing; and

. only those within an institution who exercise its jurisdiction or carry out its
responsibilities in respect of activities that undermine the security of the Philippines ought to
receive information that is disclosed under this Act.

SEC. 3. Definitions.—For the purposes of this Act:

a. Activity that undermines the security of the Philippines means any activity,
including any of the following activities, if it undermines the sovereignty, security or

territorial integrity of the Philippines or the lives or the security of the people of the Filipino
people:



42

45
46

24)

1. interference with the capability of the Government of the Philippines in
relation to intelligence, defense, border operations, public safety. the
administration of justice, diplomatic or consular relations, or the economic or
financial stability of the Philippines;

2. changing or unduly influencing a government in the Philippines by force or
unlawful means;

3. espionage, sabotage or covert foreign-influenced activities;

4. terrorism;

5. proliferation of nuclear, chemical, radiological or biological weapons;

6. interference with critical infrastructure;

7. an activity that causes serious harm to a person or their property because of
that person's association with the Philippines; and

8. an activity that takes place in the Philippines and undermines the security
another state.

For greater certainty, it does not include advocacy, protest, dissent and artistic
expression.

b. Agency of the Philippine Government has the definition given to it on section
of E.0. No. 297 or the “Administrative Code of 1987.”

c. People of the Philippines means:
1. the people in the Philippines: or
2. any citizen as defined in Article IV, Sec. | of the 1987 Constitution

SEC. 4. Powers of the Director-General.—

a. The Director-General of the National Intelligence Coordinating Agency shall
regulations for carrying out the purposes and provisions of this Act, including regulations—

1. respecting the manner of disclosure under section 5;
2. requiring records to be kept and retained in respect of that disclosure; and
3. respecting the manner in which those records are kept and retained.

SEC. 5. Disclosure of Information. —

a. Disclosure of information—Subject to any provision of any other law, or any
regulation made under such an Act, that prohibits or restricts the disclosure of information,
agency of the Philippine government may, on its own initiative or on request, disclose
information to the head of a recipient agency of the Philippine government or their delegate,
if the information is relevant to the recipient institution’s jurisdiction or responsibilities

under Philippine laws or another lawful authority in respect of activities that undermine the
security of the Philippines, including in respect of their detection, identification, analysis,
prevention, investigation or disruption.

b. Further disclosare—information received under subsection (a) may be further
disclosed under that subsection.


c. Further disclosure other than under this Aet—For greater certainty, the use and
further disclosure, other than under this Act, of information that is disclosed under
subsection (a) are neither authorized nor prohibited by this Act, but must be done in accordance

SEC. 6. No Presumption.—The Act of disclosing information under this Act does not
create a presumption—
a. that the disclosing agency is conducting a joint investigation or decision-making
process with the recipient agency and therefore has the same obligations, if any, as the
recipient institution to disclose or produce information for the purposes of a proceeding; or

. that there has been a waiver of any privilege, or of any requirement to obtain
consent, for the purposes of any other disclosure of that information either in a proceeding
or to an institution that is not an agency of the Philippine goverment.

SEC. 7. Non-Derogation.—Nothing in this Act limits or affects any authority to disclose
information under any other Philippine law.

SEC. 8 Protection from Civil Proceedings. —No civil proceedings lie against amy person
for their disclosure in good faith of information under this Act.

SEC. 9. Implementing Rules and Regulations—The National Intelligence Coordinating

Agency shall formulate the necessary rules and regutations for the implementation of the provisions
of this Act.

SEC. 10. Separability Clawse—If any section or provision of this Act shall be held
unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain
valid.

SEC. 11. Effectivity—This Act shall take effect fifteen (15) days following its publication
in at least two (2) newspapers of general circulation.

Approved,