HoUSF OF REI
Republic of the Philippines i

HOUSE OF REPRESENTATIVES RECEIVED
Que City
‘ezon City pore: 18 JUL 2018
tiwe_ LOY
SEVENTEENTH CONGRESS aN

First Regular Session

RECISTRATION UNIT
H.B.Nol694 BILLS AND INDEX SERVICE

FENTATIVES

Introduced by Congresswoman BELLAFLOR J. ANGARA-CASTILLO-

EXPLANATORY NOTE

A citizen's right to official information is essential for a democracy to work. Individuals
with ready access to public documents are able to discern better, and therefore exercise their
sovereignty over the government they elected. No less than the 1987 Philippine Constitution
affirms this, as embodied in Article Il, Sec. 28 which provides, “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
government research data used as basis for policy development, shall be afforded the citizen,
‘subject to such limitations as may be provided by law.”

The Constitution also underscores that government must operate with utmost
transparency and accountability as Article II], Sec. 7 of the 1987 Constitution declares, "Subject
to reasonable conditions prescribed by the law, the State adopts and implements a policy of full
public disclosure of all its transactions involving public interest.”

The foregoing measure confirms these constitutional imperatives by establishing the
broad guidelines and procedures that operationalize them. Left without an operational
framework for public documents, the rights and obligations enshrined under the Constitution
would be rendered meaningless, allowing government to operate under a shroud of secrecy and
away from public scrutiny.

Hence, this bill intends to narrow the opportunity for abuse and help restore trust and
confidence in government. Anti-corruption statutes cannot be fully enforced if there are no
disclosure and information statutes. This would significantly help our government better serve
the needs of the people. The passage of the FOI bill will signal the beginning of the realization
of our quest for good governance, transparency and accountability. Filipinos look forward to
the day when an open and accountable government serves them, their interests and common
aspirations.

Approval of this measure is therefore earnestly requested.

hao Libersusn

Represeittative
Lone District, Aurora Province


SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

H.B 1654

Introduced by Congresswoman BELLAFLOR J. ANGARA-CASTILLO

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 the House of Representatives of the Philippines in Congress
assembled:

SECTION 1, Short Title, This Act shall be known as the "People's Freedom of Information
Act of 2016."

SEC. 2. Declaration of Policy. The State recognizes the right of the people to information on
matters of public concern and adopts and implements a policy of full public disclosure of all its
transactions involving public interest, subject to the procedures and limitations provided by this
Act. This right is meant to enhance the significant and widening role of the citizenry in
governmental decision-making as well as in checking abuse in government. 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 act with justice, give everyone his or her due, and observe
honesty and good faith

Public officials and employees as well as citizens shall endeavor to handle information
kept or obtained under this Act with due care, to the end that inaccuracies and distortions are
avoided.

SEC. 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) "Official record/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, regardless of whether the information is in the draft, final or any
other stage or status.

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

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, state
universities and colleges, the Armed Forces of the Philippines, the Philippine 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

Public service contractors or any other entity shall make their records available to the
public insofar as they are related to any contract or transactions that they have with the
government or government agencies, Provided, That such contracts or transactions are of the
highest public interest by reason of the amounts involved and the impact of the transaction to the
public.

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

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

(a) The information 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 defense and its
revelation may cause serious damage to the national security or internal 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

3


the government in an ongoing bilateral or multilateral negotiation or seriously
jeopardize the diplomatic relations of tile Philippines with any state, 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 consist of records of minutes, advice given or 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 by reason of the
impairment of the Chief Executive's deliberative process that would result from the
disclosure thereof. Once policy has been formulated and decisions 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 may:
(1) Compromise or interfere with any legitimate military or law enforcement operation,
or
(2) Compromise or interfere with the legitimate prevention, detection or suppression of
criminal activity, or the legitimate implementation of immigration controls and
border security, or
(3) 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 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 lavful national security intelligence investigation, information
furnished by a confidential source, or
(4) Disclose legitimate techniques and procedures for law enforcement investigations or
prosecutions, or would disclose legitimate guidelines for law enforcement
investigations or prosecutions if such disclosure could reasonably be expected to risk
circumvention of the law, or
(5) Endanger the life or physical safety of any individual, or
(6) Deprive a person of a right to a fair trial and impartial adjudication,

(d) The information requested consists of drafts of orders, resolutions, decisions,
memoranda or audit reports by any executive, administrative, regulatory, constitutional,
judicial or quasi-judicial body in the exercise of their regulatory, audit and adjudicatory
function

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

(® The information requested pertains to the personal information of a natural person
other than the requesting party, and its disclosure would 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

4


other 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 prejudice the interests of such
natural or juridical person in trade, industrial, financial or commercial competition

(h) The information is classified as pri
bylaw or by the Rules of Court

ileged communications in legal proceedings

(i) The information requested i:
in addition to those provided in this Section,

xempted from disclosure by law or by the Constitution,

(j) The information is of a nature that its 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.

(k) The information has already been made accessible as provided in Section 14 of this
Act.

For paragraphs (c) to (k) 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 officers duly designated by him,
Provided, That

(1) The exceptions are strictly construed;

(2) The exceptions are not used to cover-up a crime, wrong-doing, graft, or corruption;

(3) The President, the Supreme Court, the Senate, the House of Representatives, and the

Constitutional Commissions may waive an exception wi
custody of offices under their respective supervision or control, when they deem that there is

h respect to information in the

an overriding public interest in disclosure:

(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;

(5) 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;

(6) The exceptions sct forth in this section may be overcome if the requester is able to prove
before the Ombudsman or a court of competent jurisdiction that the public interest in the
disclosure of information outweighs the public interest in keeping the information secret or
confidential


SEC. 8. Mandatory Disclosure of Information.

(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 basis in their official website:

(1) President;

(2) Vice-President;

(3) Members of the Cabinet;

(4) Members of Congress;

(5) Justices of Supreme Court;

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

(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 or

records, including

ay

Annual Budget of Government Agenci

2) Itemized Monthly Collections and Disbursement;

(3) Summary of Income and Expenditures;

(4) Component of the 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-ups

(7) tems to Bid;

(8) Bid Results on Civil Works, and Goods and Services

(9) Abstract of Bids as Calculated;

(10)
ay

(12)

(13)
(ay

(1s)

(16)

a7)

(18)

)

Procurement contracts entered into by' a government agency;

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

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

Public funding, extended to any private entity;

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

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;

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

Loans from domestic and foreign financial institutions;

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

Compromise agreements entered into by a government agency with any person or
entity

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

6


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

's perfection or issuance.

SEC. 9, Openness and Transparency in Government Agencies. Each government agency
shall regularly publish, print and disseminate at no cost to the public 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, time, 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) Work programs, development plans, investment plans, projects, performance targets and
accomplishments, and budgets, revenue allotments and expenditures;

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

(6) 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;

(7) 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;

(8) Current and important database and statistics that it generates;

(9) Bidding processes and requirements; and

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

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. 10. Protection 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 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;


(©) Anemployce, 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
formation except as authorized Uli der this Act

SEC. 11. Freedom of Information Manual.

(a) For the effective implementation of this Act, all government agencies shall prepare a Freedom of
Information Manual, indicating the following,

1) The location and contact information of the head, regional, provincial and field
offices, and other established places where the public can obtain government
information or submit requests;

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

3) A description of its record-keeping system;

4) The person or office responsible for receiving requests for information;

5) The procedure for 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 disposition of the request, including the routing of the request to
the person or office with the duty to act on the request, the decision making 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

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

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

(d) 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.

(@) Any person who wishes to obtain information shall submit, free of charge, a request to the
government ageney concemed personally, by mail, or through clectronic 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, and 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 party: Provided, That
the stated reason shall not be used as a ground to deny the request or to refuuse the acceptance of
the request, unless such reason is contrary to law, If the request is submitted personally, the
requesting party shall show his current identification card issued by any government agency, or
government or private employer or school, or a community tax certificate. If the request is
submitted by mail or through electronic means, the requesting party may submit a photo static or
electronically scanned copy of the 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 requ:
is submitted by electronic means, the government ageney shall provide for an equivalent means
by which the requirements of this paragraph shall be met. Each government agency shall establish

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 ageney

() 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 ageney 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 field or satellite offices,

examination of voluminous records, the occurrence of fortuitous events or other analogous cases,

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

(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 to
reimburse the actual cost of reproduction, copying or transcription and the communication of the
information requested. An agency may waive the fees whenever it is satisfied that the requester
is an indigent, or that the cost of reproduction is negligible, or that it is pursuant to a program for
proactive 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 previously complied 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 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 of such denial in writing or through
electronic means. The notice shall clearly set forth the ground or grounds for denial and the
circumstances on which the denial is based, and indicate available rights of reconsideration or
appeal, Failure to notify the person making the request of the denial, or of the extension, shall be
deemed a denial of the request for access to information.

SEC. 16. Remedies in Cases of Denial of Request for Information.

(a) In all government agencies other than the judicial branch

(1) Every denial of any request for access to information may be appealed to the person or
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 same
person 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 of the same
agency within five (3) 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.

(2) Upon denial of the 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 be rendered ordering the respondent, immediately or at some other
time to be specified by the court, to disclose the requested information, Any action for
administrative and/or criminal liability arising from the same act or omission, if any, shall

be filed with the Office of the Ombudsman. No damages shall be assessed against the
respondent unless it is proven that the respondent acted with malice, bad faith or
negligence. The procedure for such petition shall be summary in nature. The court
hearing the case is empowered to receive the information subject of a claim of exception
under Section 7 herein and examine then in camera to determine the sufficiency of the
factual and legal basis of such claim, when such sufficiency cannot be reasonably
determined through evidence and circumstances apart from the information.

10


(b) In the Judicial Branch, the judiciary shall be governed by such remedies as promulgated by the
Supreme Court,

(c) The remedies provided in this Section are without prejudice to any other admi
criminal action covering the same act.

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

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

(Incase the requesting party has limited or no financial capacity, the Public Attorney's Office shall
be mandated to provide legal assistance to the requester in availing of 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 these have been circulated within the agency for
official purpose 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, and activi

(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 their legitimate successors, or for transfer to
the National Archives of the Philippines. In addition, the National Archives of the Philippines
shall likewise identify specific and classes of official records that it shall require agencies to
preserve and transfer to it,

(©) 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

(@) 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, records
‘management program that includes the following,

uw


(1) A records maintenanee 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;

(2) 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, as for
destruction: Provided, That destruction of the official records may be implemented only
‘upon approval of the National Archives of the Philippines; and

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

(e) In addition to its function as repository of all rules and regulations issued by agencies as provided
under Book VII, Chapter II of the Administrative Code of 1987, the University of the Philippines
Law Center 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 from, the
following:

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

(2) AU 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. Publ 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, 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 exccutive and administrative orders and proclamations of general application;

(©) 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;

(@) 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-Bi
Appropriate Information Technology and FOI. All government agencies must ensure that

jing, Promotion of Best Practices and Continuous Updating of

12


they have a compliant 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 support including capacity-building program and coordination with another
appropriate agency, utilizing alternative 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

Every government agency shall ensure the provision of adequate training for its officials
to improve awarenes

keep updated as to best practices in relation to information disclosure, records maintenance and

of the people's right to information and the provisions of this Act, and to
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 the 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 ne
using plain language in public documents;

(3) Alll 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
censure that these information are easy to read, understand and use.

essary training to employees of each government agency in

SEC 21. Administrative Offenses and Penalties. -

(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 cause 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, the Ombudsman, 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 the denial of a request for
information.

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

SEC 22. Criminal Offenses and Penal
(1) month but not more than six (6) months and a fine ranging from Ten Thousand Pesos (Php
10,000.00) to One Hundred Thousand 'Pesos (Php 100,000.00) shall be imposed upon:

(a) Any public official or employee who falsely denies or conceals the existence of infe
that is a proper subject for disclosure under this Act

(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.

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

(d) 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,

(©) Any public officer or employee who divulged or released information covered under Section
Toof this Act.

(® 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 contents of the document; Provided, That altering or modifying a document for the
purpose of severing an exempt information from non-exempt information in a single
document shall not be punishable under this subscetion,

. The penalty of imprisonment of not less than one

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. Mere Denial in Good Faith 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 grounds for
administrative, civil or criminal liability

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 1987 Constitution.

SEC. 25. Integration of Freedom of Information (FOI) and Good Governance in
Elementary and Secondary Curriculum, To ensure well-informed generations of citizens, the
right to information, the principles of accountability and transparency, democracy and
leadership, and good governance shall be integrated in such subjects as Heyograpiya,
Kasaysayan at Sibika (HEKASI) and Araling Panlipunan in the elementary level and in such
subjects as Social Studies and Makabayan or its equivalent subjects in high school level. The
Department of Education in coordination with the Civil Service Commission and other relevant

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Offices shall prepare the necessary modules 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.

SEC. 27. System of Incent
hereby established to be given to appropriate government agency or agencies that initiated and
displayed compliance and full participation in the meaningful implementation of this Act. The
incentives and rewards may include but not limited to social projects, grants-in- aid, national
recognition, and similar entitlements.

s and Rewards. A system of special incentives and rewards is

SEC. 28. Appropriations. The amount necessary to carry out the 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 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 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 the 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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