THIRTEENTH CONGRESS OF THE’REPUBLIC 
) 
 ut -1 
A933 
OF THE PHILIPPINES 
) 
First ReguZar Session 
) 
S E N A T E  
S. B. No. 
120 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
A government maintains the allegiance and support of the citizens by keeping them 
informed on matters affecting their interest and well-being. Without it, the reservoir of public 
trnst dries up, and government soon enough loss the basis of popular support, and,cannot be 
maintained except against the people’s will. 
For this reason, the Bill of Rights provides: “The right of the people to infomation 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 for policy development, shall be afforded the citizen subject to such limitations 
as may be provided by law.” Upon this right is anchored the basic right of the citizens to be 
informed of the process and decisions made by the government in the process of governance. 
Without transparency and proper information, the future of the nation is left solely in the 
hands of public officials and decision makers at the expense of utilizing the active participatory 
process of governance provided under the Constitution. Without it, public officers are unduly 
emboldened in the belief that their actions, even when wrong and injurious to the public interest, 
could be screened away from public knowledge. By guaranteeing the citizen access to official 
records, documents and papers pertaining to official acts, transactions and decisions of the 
government, the Filipino people have actively participated in the decision-making and 
legitimizing process of governance. 
Moreover, in this process, public officers are also made more keenly aware of their 
accountability to the public. Yet even the freest and most open government requires a measure of 
secrecy for some of the things it does to enable it to carry out its duties more effectively than if 
everything were promptly disclosed in the marketplace. 
The security and defense of the State from internal subversion and external threats, the 
stability of its currency and reserves, and the preservation of law and order often require the 
adoption of certain measures which lose their effect in the glare of publicity, and which therefore 
are best covered by the mantle of secrecy, so that the government may be able to secure the best 
advantage to the national interest. The security and defense of the nation would be severely 
impaired if anyone who might wish to do it harm had free access to official information relating 
to security and defense. 


Still, under the pretext of keeping certain information secret, a government may become 
over-secretive and keep secret even those which it has no just reason to keep secret. The national 
interest is harmed as much by indiscriminate disclosure as by excessive secrecy. This proposed 
measure, therefore, enhances the free flow of information and the formation of a vigorous, free 
and enlightened public opinion, while paying proper regard to the need to protect official 
information pertaining to national security. 
In view of the foregoing concerns, the early approval of this bill is being earnestly 
sought. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
‘04 Jut ‘1 
A9 :42 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
1 
S. B. No. 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
TO 
ENSURE 
PUBLIC 
ACCESS 
TO 
OFFICIAL 
INFORIMATION AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as the “Official Information 
Access Act of 2004.” 
SEC. 2. 
Declaration ofPoZicy. - It is hereby declared the policy and purpose of 
this Act to secure the constitutional right of the citizens to have free access to official 
information, subject only to the limitations imposed by the rights of individuals, public order and 
safety, the defense, and foreign relations of the country. In particular, the State shall take 
adequate steps to prevent the unauthorized disclosure of confidential documents. In no case, 
however, shall official information be classified and withheld to conceal official error, 
misconduct or inefficiency, to restrain free initiative, or to shield a public officer or office from 
embarrassment. 
SEC. 3. 
a) 
b) 
Definition of Term. - For purposes of this Act: 
“Government” -means the national government. 
“Agency” - means any instrumentality of the government including government- 
owned or controlled corporations 


c) 
“Official Information”, “Official Records”, “Documents” - means documents 
or parts of documents, records in writing, on film or tape or by other means pertaining to official 
acts, transactions or decisions, or articles or things which are owned by, or in the custody of, or 
from part of the records of the government, or any of its agencies and instrumentalities, or of its 
officials and employees in their official capacities, such as contracts, correspondence, drawings, 
plans, master plans, development plans, feasibility studies, engineering designs, sketches, 
tracings, paintings, prints, photographs, photocopies, photographi negatives, or any abstract, 
reproduction or summary thereof, models, designs, patterns, specimens, codes, words, 
countersigns and passwords. 
d) 
“Cabinet Papers” - means records of the proceedings of the Cabinet and Cabinet 
committees, including written proposals, briefs and other documents or papers, in whatever form, 
and the circulation of which is limited to the Cabinet or Cabinet committees. 
e) 
“Foreign Relations” - means relations between the government of the 
Philippines and any other country or any international body the members of which are 
governments. 
f )  
“Defense Contract’’ - means any contract, agreement or undertaking which is 
awarded, with or without public bidding, by the government or any of its agencies, in favor of a 
qualified person, natural or juridical for the supply of materials, equipment spare parts, supplies, 
or services, for the construction, repair or improvement of buildings, depots, quarters, arsenals, 
shipyards, camps or similar installations, or facilities, intended for, adapted to or suitable for the 
defense of the country from internal attack or external aggression. 
g) 
“Communicate” - means to divulge, disclose, make known, or pass, transfer or 
transmit, in any manner or to any extent, any official information. 
SEC. 4. 
Access to Information. - 
(1) 
Each agency shall make available for public inspection and copying official 
records unless they are promptly published or copies thereof offered for sale. To the extent 
required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete 
identifying details when it makes available or publishes official records. 
(2) 
Each agency shall currently publish in the Official Gazette - 


(a) 
descriptions of its organization, its functions, and the established places at 
which, 4 e  employees from whom, and the methods and procedures whereby, the public 
may obtain information, make submittals or requests, or obtain decisions; 
I 
(b) 
I 
(4) 
Ekcept to the records made available under paragraph (1) and (2) of this Section, 
each agency, upon any request for records which (a) reasonably describes such records 
and (b) ;is made in accordance with published rules, stating the time, place, and 
procedurks to be followed, shall make the records promptly available to any Filipino 
(3) 
citizen. 
statements of general policy or interpretations of general applicability 
formulatGd and adopted by the agency; 
each amendment, revision, or repeal of any of the foregoing. 
E ch agency shall promulgate regulations specifying the procedures to be 
followed by all barties requesting for the production of records, including a uniform schedule of 
fees to be 
ed by all constituent units of such agency. Such fees shall be limited to the 
I 
recovery of oddthe direct costs of the search and duplication of documents. Documents shall be 
h i s h e d  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. 5. 
(1) 
Request for Records. - 
Each agency, upon any request for records made under Section 4 of this Act, shall 
(a) 
decide within ten (10) days (excepting Saturdays, Sundays and legal 
holidays) after the receipt of any such request whether or not to comply with i t  
Provided, That denial of any request shall be explained fully in writing, and the person 
making the request shall be advised of hisher right to appeal the decision to the head of 
the agency concerned; and 
(b) 
decide any appeal within twenty (20) days (excepting Saturdays, Sundays 
and legal holidays) after the receipt of such appeal. Notice of denial of any request for 
records under this Section shall set forth the name and title or position of each person 
responsible for the denial of such request; or 


(2) 
In unusual circumstances, the time limits prescribed above may be extended by 
written notice to the person making such request, setting forth the reasons for such extension and 
the date on which a determination is expected to be made: Provided, That no extension shall 
exceed ten (10) working days. As used in this paragraph, “unusual circumstances” means - 
(a) 
the need to search for and collect the requested records from field or other 
establishments that are separate from the office processing the request; 
(b) 
the need to search for, collect, and appropriately examine a voluminous 
amount of separate and distinct records which are demanded in a single request; or 
(c) 
the need for consultation with another agency having a substantial interest 
in the determination of the request or among two or more components of the agency 
having substantial subject-matter interest therein. 
(3) 
Any person making a request to any agency for records shall be deemed to have 
exhausted hisher administrative remedies with respect to such request if the agency fails to 
comply with it within the time limits provided in this Section. 
SEC. 6. 
Judicial Review. - 
(1) 
On complaint, the proper court may enjoin the Agency concerned from 
withholding agency records and order the production of any agency records improperly withheld. 
If the agency can show that exceptional circumstances exist and that the agency is 
(2) 
exercising due diligence in responding to the request, the court may allow the agency additional 
time to produce the records. 
(3) 
Whenever the court orders the production of any agency records improperly 
withheld from the complainant and the court additionally issues a written finding that an officer 
or employee may have acted arbitrarily or capriciously in withholding such records, the Civil 
Service Commission shall promptly initiate a proceeding to determine whether disciplinary 
action is warranted against the officer or employee primarily responsible for the withholding. 
The Commission, after investigation and consideration of the evidence submitted, shall submit 
its findings and recommendations to the officer or employees concerned. The Administrative 
authority shall, within thirty (30) days take the corrective action recommended by the 
Commission. 


SEC. 7. 
Bemptiom. - The provisions of Section 4 and 5 of this Act shall not 
apply to: 
(1) 
(2) 
Classified official information as defined in this Act; 
Unpublished information, including position papers, concerning diplomatic 
negotiations; 
(3) 
Defense contracts; 
(4) 
Cabinet papers; 
(5) 
(6) 
(7) 
Information specifically exempted from disclosure by statutes; 
Trade secrets and commercial or financial information; 
Inter-agency or intra-agency memoranda or letters which would not be available 
by law to a party other than an agency in litigation with the agency; 
(8) 
Personnel and medical files and similar files, the disclosure of which would 
constitute a clearly unwarranted invasions of personal privacy; 
(9) 
Investigatory records compiled for law enforcement purposes, but only to the 
extent that the production of such records would - 
(a) 
interfere wth enforcement proceedings; 
(b) 
(c) 
(d) 
deprive a person of a right to a fair trial or an impartial adjudication; 
constitute an unwarranted invasion of personal privacy; 
disclose the identity of a confidential source and, in the case of a record 
compiled by a criminal law enforcement authority in the course of a criminal 
investigation, or by an agency conducting a lawful national security intelligence 
investigations, confidential information furnished by confidential sources; 
(e) 
disclosure investigate techniques and procedures; or 
(f) 
endanger the life or physical safety of law enforcement personnel. 
Information contained in or related to examination, operation, or situation reports 
prepared by, on behalf of, or for the use of an agency responsible for the regulation or 
supervision of financial institutions; or 
(10) 


I 
(1 1) 
Geological and geophysical information and date, presented in maps, reports, and 
charts and in particular those required by regulation to be submitted to the government by private 
government corporations and entities; or 
(12) 
Technical data and information specifically exempted from disclosure by bilateral 
or multilateral agreements to which the Philippine Government is a party. 
This section shall not be construed to limit the powers of courts and administrative 
agencies with quasi-judicial functions to order the production of records which are relevant to the 
issues in cases pending before such courts or agencies. 
SEC. 8. 
Security Clas$ication. - 
(1) 
For purposes of this Act, official information relating to national security shall be 
categorized as follows: 
(a) 
Top Secret - Official information the unauthorized disclosure of which 
would cause exceptionally grave damage to the national security. 
Examples of 
“exceptionally grave damage” include but are not limited to armed hostilities against the 
Philippines or its allies; disruption of foreign relations vitally affecting the national 
security; the compromise of vital national defense plans or complex cryptographic and 
communications intelligence systems; the revelation of sensitive intelligence operations; 
the disclosure of national defense plans or complex cryptographic and communications 
intelligence systems; the disclosure or scientific or technologxal developments vital to 
national security. The classification “Top Secret” shall be used with utmost restraint. 
(b) 
Secret - Official information the unauthorized disclosure of which would 
cause serious damage to the national security. Examples of “serious damage” include but 
are not limited to disruption of foreign relations significantly affecting the national 
security; significant impairment of a program or policy directly related to the national 
security; revelation of significant military plans or intelligence operations; and 
compromise of significant scientific or technological developments relating to national 
security. The classification “Secret” shall be sparingly used. 
(c) 
Defense-Confidential - Official information the unauthorized disclosure 
of which would cause damage to the national security Examples of “damage” include but 


are not limited to impairment of a program or policy directly related to the national 
security; revelation of routine military plans or intelligence positions; compromise of 
scientific or technological developments relating to national security. 
No documents shall be given more than one (1) classification. In case a series of 
documents or volumes have more than one (1) classification, the least restrictive shall 
apply. 
(2) 
Authority to Classify Documents. - The authority to originally classify official 
information shall be limited to: 
(a) 
The President of the Rephblic of the Philippines, the Secretary of Foreign 
Affairs, the Secretary of Finance, the EKecutive Secretary, the Secretary of Justice, and 
the Secretary of National Defense, the head of the Intelligence community. 
(b) 
(c) 
Such other officials as mdy be authorized in writing by the President. 
Information shall be deemed as classified within the meariing of this Act if 
in the case of document, it is marked with any of the three (3) classifications described in 
this Section. 
(d) 
The responsible Department Secretary or official concerned shall 
undertake a periodic review of the official information which has been classified by 
himiher under this Act, for the purpose of ensuring the correct classification of official 
information at all times. 
(e) 
A Department Secretary may, in the performance of hisher duty and when 
the national interest requires it, communicate in confidence certain official information 
classified under this Act to responsible members of mass media for the purpose of 
providing the latter with adequate background on vital national or international 
developments. 
(f) 
Regulations concerning the classification, review, declassification and 
handling of classified official information shall be promulgated by the President. 
SEC. 9. 
UnImfuC Acts. - Any person who, having in hisher possession or 
control, any official information classified in accordance with Section 8 of this Act, by reason of 
hisher holding or having held public office or contract with the government, or by reason of 


hisher being employed under a person who holds, or has held such office or contract, 
communicates directly or indirectly any such classified official information to any person other 
than a person to who hehhe is duly authorized to communicate it, shall be guilty of an offense 
under this Act, and shall be liable on conviction by the Court to imprisonment for a term ranging 
from one (1) year to six (6) years or a fine ranging from Php 10,000.00 to Php 100,000.00 or 
both at the discretion of the Court. 
SEC. 10. 
Other unlawfulActs. - 
(1) 
A public officer or employee who fails to comply with directions of proper 
authorities about the return or disposal of classified information or the retention of such 
information contrary to hisher official duty shall be guilty of an offense under thls Act and shall 
be liable on convictions by the Court to imprisonment for a term not exceeding three (3) years 
and a fine not exceeding Php 50,000.00 or both at the discretion of the Court. 
(2) 
A public officer or private person who, without authority, removes a classification 
or makes a copy of a classified official information without placing the proper mark, With intent 
to circumvent the security classification under Section 8 hereof, shall be guilty of an offense 
under this Act and shall be liable on conviction by the Court to imprisonment for a term not 
exceeding one (1) year and a fine not exceeding Php 20,000.00 or both, at the discretion of the 
Court, if the official information involved is classified as TOP SECRET; not exceeding six (6) 
months and a fine not exceeding Php 10,000.00 or both, at the discretion of the Court, if the 
official information involved is classified as SECRET; not exceeding three (3) months and a 
fine not exceeding Php 5,000.00 or both, at the discretion of the Court, if the official information 
involved is classified as DEFENSE - CONFIDENTIAL. 
SEC. 11. 
Protected Parties. - A legitimate member of the press who gains access 
to classified information described in Section 8 through reportorial enterprise shall enjoy the 
constitutional protection of the freedom of the press and shall not deemed to have committed any 
unlawful act: Provided, However, That he/she secures and uses hisher information in the 
furtherance of hisher profession in the public interest, and not for the purpose of inflicting 
exceptionally gravp or serious damage to national security: Provided Further, That hehhe does 
not pass it on to third parties for their own illicit purposes. 
1 


SEC. 12. 
Prosecution. - No prosecution of an offense under Section 9 hereof shall 
be instituted without the written approval of the Secretary of Justice, and without a certification 
of the responsible Department Secretary or official concerned that: 
(1) 
A review has been conducted by the responsible Department Secretary or official 
concerned of the classification of the official information disclosed without the authority; and 
(2) 
At the time of the disclosure, the official information was properly classified in 
accordance with Section 8 of this Act. 
In case the official information was originally classified by the Secretary of Justice, no 
criminal proceedings shall commence without the written approval of the President. 
SEC. 13. 
Separability Clause. - If, for any reason, any section or provision of this 
Act shall be held unconstitutional or invalid, the other section or provision not otherwise affected 
shall remain valid. 
SEC. 14. 
Repealing Clause. - All laws, presidential decrees, executive orders, 
proclamations, rules and regulations which are inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly. 
SEC. 15. 
Effectitivity Clause. - This Act shall take effect fifteen (15) days from its 
publication in the Official Gazette or in at least two (2) newspapers of general circulation 
Approved,