FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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INTRODUCED BY THE HONORABLE MAR ROUS 
EXPLANATORY NOTE 
It is the Constitutional right of citizens to information on matters of public concern. 
A people’s confidence in their government is largely reliant on transparency in the state’s 
affairs, which entails the efficient disclosure of official information. This recognizes the vkal 
role of communication and information in empowering the people in nation-building. 
The state of governance at present is hounded by the lack of transparency, leading to 
the erosion of faith in the country’s leaders, in the bureaucracy and in the government at- 
large. Not only does this contradict the right to information by citizens, hut also hampers 
efficient, effective and meaningful governance needed in spurring economic activity. Access 
to official information, records, documents and papers pertaining to official acts, processes, 
transactions and decisions by the government, as well as government research and data could 
be used to help private citizens in making decisions themselves. 
Indeed, free access to information is not only a human right, but also a practical tool 
which can be used to invigorate the economy. The nation’s progress must rely on building 
trust between the people and the State. 
This bill seeks to implement the Constitutional guarantee to free access by the people 
to official information, except when the disclosure of such information would jeopardize 
other prerogatives of the government, namely, the protection of the privacy of individuals, 
trade secrets, national security, public order and safety, and foreign diplomatic relations. 
The bill proposes the adoption by all government bodies a mechanism wherein all 
written requests for information shall be responded to within two days, unless proper 
justification is given by the government body, subject only to the payment of reasonable fees 
for the viewing or reproduction of such information. To compel disclosure of information, in 
case a government body refuses access to such information on whatever grounds, the Offick 
of the Ombudsman would be tapped to hear any citizens’ complaints of not being properly 
assisted by the pertinent government body. Furthermore, penalties will be levied to officials 
or employees who knowingly and unjustly refuse to provide access to information, or who 
consciously release false or misleading information. 
In view of the foregoing, the immediate enactment of this measure is earnestly 
sought. 


FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
S E N A T E  
S. No. 
189 
INTRODUCED BY THE HONORABLE MAR R O U S  
AN ACT 
IMPLEMENTING THE CONSITUTIONAL RIGHT OF ACCESS TO INFORMATION, 
PRESCRIBING GUIDELINES THEREFOR, AND FOR OTHER PURPOSES. 
Be it enacted bv the Senate and the House OfRepresentatives in Congress assembled 
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SECTION 1. Short Title. This Act shall be known as the “Free Information Act.” 
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SEC 2. Declaration of Policy It is the policy of the state to ensure the Constitutional 
right of the people to information on matters of public concern, and to adopt and implement 
a policy of full public disclosure of all its transactions involving public interest. Furthermore, 
the State recognizes the vital role of communication and information in empowering the 
people to be involved in nation building. 
In this light, the State shall afford to citizens 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, except for such information 
which may jeopardize the privacy of individuals, national security, public order and safety, 
foreign diplomatic and economic relations, and trade secrets of private entities, 
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SEC 3. Definition of Terms. As used in this Act”. . 
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(a) 
“Government body” shall mean any Executive, Legislarive, Judicial or 
Constitutional body of the Government of the Republic of the Philippines, 
including local government units, the Armed Forces of the Philippines and the 
Philippine National Police, government financial institutions and government- 
owned and controlled corporations, whether created by its own charter or by 
registration with the Securities and Exchange Commission (SEC), and all such 
other entities where the government has substantial interest in. 
(b) 
“Information” shall mean all documents, papers, letters, minutes and 
transcripts of official meetings, maps, books, photographs, films, sound and 
video recordings, magnetic or other tapes, electronic data processing records, 
computer stored data, electronic mail messages, 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 body pursuant to law, executive order, rules and regulation, 
ordinance or in connection with the performance or transaction of official 
business by any government body, 
(c) 
“Requesting person” shall mean a natural person, whether on his own or as a 
representative of another natural person or a juridical person, who makes a 
request to obtain, have a copy of or have access to information from any 
government body as defined in this Section. 
(d) 
“Trade secret” shall mean any information, including a formula, pattern, 
compilation, program, device, product, method, technique or process, that is 
used, or may be used, in business or for any commercial advantage; derives 
independent economic value, actual or potential, from not being generally 
known to the public or to persons who can obtain economic value from its 
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disclosure or use; is the subject of reasonable efforts to prevent it from 
becoming generally known, and the disclosure of which would result in harm 
or improper benefit. 
SEC 4. Coverage and Limitations. All information, as herein defined, which are in the 
custody or under the control of a government body shall be made accessible and available for 
public scrutiny, copying and reproduction, except when: 
The information pertains to personal information on a third party natural 
person, but only when its revelation would constitute an unwarranted 
invasion of personal privacy, including, but not limited to, records or 
information subject to attorney-client or doctor-patient relationship; 
The information has been specifically authorized to be kept secret or 
considered classified in the interest of national security by the President 
through an Executive Order duly published in the Official Gazette and in at 
least two (2) newspapers of general circulation, subject to the following 
provisions: 
(i) 
The Supreme Court may, upon complaint by any citizen, inquire into 
the sufficiency of the factual basis for the President’s determination; 
Such information shall be reviewed every five (5) years by the head of 
the appropriate agency concerned for purposes of declassification and 
making available to the public; and 
Such information shall finally be deemed declassified and open to the 
public after a period of fifteen (15) years from the date of publication of 
the said Executive Order in the Official Gazette or in a newspaper of 
general circulation, whichever was first. 
(ii) 
(iii) 
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(c) 
The information is maintained by law enforcement agencies for criminal law 
enforcement, or, relates to the detection and investigation of crime, including 
those maintained on any individual or compiled in the course of a criminal 
investigation by any law enforcement agency: Provided that the disclosure of 
such public record or information: 
Could reasonably be expected to interfere with the prevention, 
detection, suppression, or investigation of any criminal activity or with 
law enforcement operations; 
Would deprive a person of a right to a fair trial or an impartial 
adjudication; 
Could reasonably be expected to constitute an unwarranted invasion of 
personal privacy; 
Could reasonably be expected to disclose the identity of a confidential 
source, including a foreign agency or authority, or any private 
institution which furnished information on a confidential basis, or the 
information furnished by a confidential source; 
Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions; 
Could reasonably be expected to endanger the life or physical safety of 
any individual, harm the security of any property or system, including 
a building; or 
Could harm the security of any property or system, including, but not 
limited to, a building, vehicle, computer or communications system: 
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Provided, however, that records or information relating to the administration, 
management and direction of a law enforcement agency shall be public. 
The information is maintained by the Department of Foreign Affairs and other 
relevant government bodies on another sovereign state, and the disclosure of 
such records or information could reasonably be expected to jeopardize the 
diplomatic relations of the Government of the Republic of the Philippines 
with the said sovereign state: Provided, that treaties, trade agreements, 
contracts between agencies andor government-owned and controlled 
corporations, and implementing agreements, annexes, side letters and other 
such documents and records pertaining to or related to the same, and any 
other documents pertaining to dealings entered into by, the Government of 
the Republic of the Philippines with another sovereign State and binds the 
Government to uphold such transactions under international and local law, 
shall not be covered by this exception; 
The information pertains to trade secrets and commercial or financial 
information obrained from a person, firm, or corporation which is of a 
privileged or confidential nature; or 
The information is exempted from disclosure by another law or by the Rules 
of Court, including, but not limited to, information considered as privileged 
communication or gathered by any government body in closed or executive 
session. 
In cases where access is requested to a record or information that is exempt from 
disclosure pursuant to this Act, the public shall have the right of access to the remainder of 
the record: Provided that the exempt portion of the record can be reasonably separated, 
severed, deleted or concealed from the record. 
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Nothing in this Act shall, however: 
(a) 
authorize the withholding of information from, or limit the availability of 
records to, Congress or any of its committees; 
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(b) 
affect the power of any court, tribunal, investigative body, or any government 
body exercising quasi-judicial functions to compel a witness to testify or to 
compel the production of documents; 
limit the information otherwise available by law to a party to litigation 
including a civil, criminal or administrative proceeding; 
prohibit the transfer, storage or destruction of any record pursuant to law, 
decree, order, ordinance or rules and regulations; 
prevent access to records maintained in a public office for the purpose of 
providing the public access to information; or 
restrict disclosure of information for the purpose of an investigation or 
prosecution of a criminal case or a case of graft and corruption. 
(c) 
(d) 
(e) 
(f) 
SEC 5. Procedure for Access. Any person who seeks to obtain, have a copy of or have 
access to any information shall file a request to the government body concerned, as much as 
practicable in writing, reasonably describing the information being sought, and stating 
details on how he could be contacted by the said government body. 
The government body where shall comply with the said request within two (2) 
working days after the receipt of the request, or within a reasonable period of time mutually 
agreed upon by the requesting person and the government body’s employee concerned. 
The time for compliance may, with due notice to the requesting person, be extended 
by the head of the government body to a period not exceeding fifteen (15) days if: 
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(a) 
The requesting person failed to give enough details about the information or 
record sought to be obtained. 
A large number of records is sought to be obtained in a single request, or when 
it has received voluminous requests, that compliance within the prescribed 
period under this Act would unreasonably interfere with its operations; 
The request requires search and collation of records from its field offices; 
Additional time is needed to consult with another government body having 
material or substantial interest in the determination of the request; and 
There are fortuitous events or other events from force majeure, or other 
analogous cases. 
(b) 
(c) 
(d) 
(e) 
SEC 6. Payment of Reasonable Fees. Copies or reproductions of information, whether 
in print or dectronic media, may be obtained by the requesting person whose request has 
been approved upon payment of a reasonable fee which shall not exceed the actual cost of 
reproduction plus a reasonable margin not exceeding ten percent (10%): Provided, that 
proceeds from the reproduction fees charged shall be used exclusively for the purchase and 
maintenance of equipment and supplies required to produce copies or reproductions of the 
said records. 
Upon request, the government body shall provide a detailed itemization of the costs 
charged for the reproduction. No government body may, however, require the advanced 
payment of any reproduction fee. 
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SEC 7. Transfer of Request. If the government body to which the request was filed 
determines that the information being sought is not in its custody or control, it shall, within 
two (2) days, notify the requesting person of the same, through writing or other contact 
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the information being sought. 
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channels that the requesting person has provided, and shall then either: 1) transmit the said 
request to the government body which has the possession or custody of the information 
being sought; or 2) provide the requesting person with a referral letter, signed by its head 
and addressed to the head of the government body which has the possession or custody of 
The government body receiving of such transmittal or referral letter shall then act on 
such request in the manner set forth in Section 5 hereof. 
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SEC 8. Denial of Request. If the government body decides to deny the request, in 
whole or in part, it shall within two (2) working days from the receipt of the request notify 
the requesting person of such denial in writing, signed by the head of the government body, 
and the grounds for the denial, as allowed in Section 4 hereof. 
SEC 9. Remedies ro Compel Disdosure. Every denial of any request for access to 
information may be appealed before the Office of the Ombudsman by filing, within fifteen 
(15) days from receipt of a letter of denial, a prayer for the disclosure of the information 
being sought. 
If the Office of the Ombudsman upholds such denial or fails to act on such prayer 
within sixty (60) days, the requesting person may then file a verified petition for mandamus 
before the Regional Trial Court with jurisdiction over the government body’s office receiving 
the request for information. The court shall then proceed, and appeal shall be available, 
following the procedure for a petition for mandamus and appeal under the Rules of Court. 
Nothing in this Section shall prejudice any other available administrative, civil or 
criminal remedy. 
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SEC 10. Mandatory Disclosure of Information on Governance. Each government body 
shall readily disseminate to the public and regularly update information on including, but 
not limited to, the following: 
A description of its mandate, powers and functions, and the source of such, 
whether through the Constitution, law, executive fiat or SEC registration; 
A description of its organizational structure, functions and responsibilities of 
its divisions and key positions, and decision-making processes; 
A description if its key officials, their powers, functions and responsibilities, 
and their profiles and curriculum vitae; 
A description of the frontline services it delivers and the procedure and length 
of time by which these services may be availed of; 
Work programs, projects and performance targets and accomplishments; 
Important rules and regulations, orders, or decisions; 
Current and important databases and statistics that it generates; 
Mechanisms or procedures by which the public may participate in or 
otherwise influence the formulation of policy or the exercise of its powers; 
A description of its record-keeping system, the types of information it holds 
and/or publishes, and the procedure for obtaining access by the public to such 
information; 
Bidding processes, requirements, and details of contracts it has entered or 
plans to enter into; and 
The addresses, contact details and other descriptions of its central and field 
offices from which, personnel from whom, and the methods whereby the 
public may make requests and obtain public information. 
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The means of disclosure and dissemination of such information shallinclude, but not 
be limited to: 1) manuals, pamphlets, brochures, bulletins, posters, announcements, or any 
other printed collaterals, for distribution or for posting by the government body concerned 
in conspicuous places in its central and field offices; and 3) electronically uploading of such 
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information on its website. 
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SEC 11. Mandatory Disclosure for Public Interesz. Any government body which is in 
possession or has knowledge of any information, not otherwise declared classified or exempt 
pursuant to this act, about the existence of a risk of significant harm to the health and safety 
of the public, the environment, or which clearly affects public interest shall without delay 
disclose such information to the public. 
SEC 12. Penal Provisions. Any official or employee of the government found guilty by 
final judgment of the proper court of denying access to information, or parts thereof, without 
a valid legal ground as provided for in this Act, or who shall knowingly release false and/or 
misleading information, shall be punished with a fine of not less than Fifteen Thousand 
Pesos (Pl5,OOO.OO) but not more than Thirty Thousand Pesos (P30,000.00), and/or 
imprisonment of not less than one (1) year but not more than three (3) years, including all 
the accessory penalties provided by law, at the discretion of the court. 
Any official or employee who shall fail to respond to a request due to negligence, or 
fail to meet the time limits for response set forth in this Act, without reasonable reasons for 
such, shall be punished with a fine of not less than Ten Thousand Pesos (Pl0,OOO.OO) but not 
more than Twenty Thousand Pesos (PZO,OOO.OO), and/or imprisonment of not less than six (6) 
months but not more than one (1) year, including all the accessory penalties provided by 
law, at the discretion of the court. 
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Any official or employee who shall deliberately and knowingly refuse, or because of 
negligence fail, to update any information his or her office is required to disclose under 
Section 10 of this Act shall be penalized administratively with suspension from service, 
without play, of at least six (6) months but not more than one (1) year. A subsequent offense 
shall cause his dismissal from service. 
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SEC 13. Implementing Guidelines. Each government body shall, within sixty (60) days 
from the effectivity of this Act, promulgate guidelines specifying the office, and employees 
from whom, and the methods and process whereby, the public may request access to or 
obtain information which are kept in or held under its custody or control. 
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SEC 14. Reports. On or before March I of each calendar year, each government body 
shall submit a report covering the preceding year to the Speaker of the House of 
Representatives and President of the Senate for referral to the appropriate committees of 
Congress. The report shall include: 
A copy of the implementing guidelines and rules crafted by such government 
body in the implementation of this Act; 
A copy of the reproduction fee schedule under Section 6 of this act, the total 
proceeds collected from such fees and the use of such proceeds by the 
government body; 
The number of determinations made by such government body to refuse the 
requests for information made to such government body under Section 8, the 
reasons for such determination; 
The names and titles or positions of officials responsible for the refusal of 
requests under this Act, and the number of instances of participation of each; 
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(e) 
The number of refused requests wherein the requesting person sought 
remedies before the Office of the Ombudsman or before the regular courts, 
and the names and titles or positions of officials concerned in these cases; 
A copy of the information disclosed by the government body pursuant to 
Section 10 of this act, including a description of the collaterals, whether print 
or electronic, used in the dissemination of the said disclosed information. 
A summary of other initiatives made by the government body, whether or not 
mandated by this Act or any other law, that sought to enhance and assist the 
implementation of this Act; and 
Such other information which the government body deems as necessary to 
disclose in relation to the implementation of this Act. 
(f) 
(8) 
(h) 
The Office of the Ombudsman shall submit an annual report on or before March 1 of 
each calendar year, listing the number of cases filed before it under Section 9 of this Act and 
the disposition of each case. The Solicitor General shall likewise submit an annual report on 
or before March 1 of each calendar year, listing the number of cases filed before the regular 
courts under Section 9 of this Act, the disposition of each case, the names and positions or 
titles of the officials penalized and the penalties assessed. 
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affected thereby. 
SEC 15. Separability Clause. If for any reason, any part, section or provision of this 
Act shall be held unconstitutional or invalid, no other part, section or provision shall be 
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repealed or amended accordingly. 
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 
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SEC 17. Effictivity Clause. This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) national newspapers of general circulation. 
Approved, 
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