Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

7265

House Bill No.

Introduced by Representative John Marvin “Yul Servo” Nieto

EXPLANATORY NOTE

As a manifestation of support to this timely piece of legislation, this representation
respectfully refiles this bill, which has constantly been receiving support from the past and present
(Rep. Raul Del Mars HB00032, Rep. Karlo Nograles and Rep. Jericho Nograles’ HB00063, and Rep.
Alfred Vargas’ HB00075, among others) congress.

The right to information is enshrined in the Bill of Rights:

“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 10 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
Jaw.” (Article III Section 7 of the 1987 Constitution).

Despite the Constitutional recognition and laws implementing the right to information, there
is still a need for further legislation in order to set the parameters and mechanisms for information
access :

The proposed legislation aims to further promote a culture of democracy, transparency,
accountability, and good governance in the goverment by ensuring that the there is an adequate
system in place to recognize and affirm the people’s right to information on matters of public concern
‘An adequate system is achieved through the introduction of new parameters and mechanisms
concerning information access (e.g. the creation of the Freedom of Information Manual), as well as
strengthening existing practices (e.g. improving the different facets of adhering to the Anti-Red Tape
Act of 2007, SALN disclosure, and maintaining government websites). The proposed legislation also
introduces administrative sanctions and/ or criminal liability against any public office or employee
who shall violate the provisions of the act.

In view of the foregoing, the passage of this measure is eamestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

7265

House Bill No.

Introduced by Representative John Marvin “Yul Servo” Nieto

AN ACT
STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE
GOVERNMENT

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 "People's Freedom of
Information Act."

‘SEC. 2. Declaration of Policy. — The State recognizes the right of the people to information
‘on matters of public concer, 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 indispensable to the exercise of the right of the people and their organizations to effective
and reasonable participation at all levels of social, political and economic decision-making,

SEC. 3. Coverage.— This Act shall cover all government agencies, to refer to the executive,
legislative and judicial branches as well as the 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.

SEC. 4. Definition of Terms. ~ As used in this Act:

(a) Information refers to data that have been processed into a record, document,
paper, report, letter, contract, minutes and transcripts of official meetings, maps,
books, photographs, data, research materials, in whatever form, or films, sound
and video recordings, magnetic or other tapes, electronic data, in whatever
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 refers 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. This shall not refer to the stage or status of the
information

(©) Public record refers to information required by law, executive orders, rules, or
regulations to be entered, kept, and made publicly available by a government

agency.

(@) Dataset refers to an organized collection of data in a variety of forms, including
tabular, geospatial, or image data files,

(©) Machine-readable refers to formats that allow the data to be extracted and
processed by computer programs,

(6) Open format refers to one that is platform independent, machine readable, and
made available to the public without restrictions that would impede the re-use of
that information.

SEC. 5. Access to Information. - Every person who is a Filipino citizen has a right to and
shall, on request, be given access to any record under the control of a govemment agency.
Government agencies and public officials shall have the duty to disclose and make available for
scrutiny, copying, and reproduction in the manner provided by this Act, all information pertaining to
official acts, transactions, or decisions as well as government research data used as a basis for policy
development, subject to is enumerated under Section 7 of this Act, regardless of their physical form or
format in which they are contained and by whom they were made.

Nothing herein contained shall allow private acts, transactions or records of public officials
and private individuals to be the subject of mandatory disclosure under this Act: Provided, however,
that income tax returns, and statement of assets, liabilities and net worth (SALN) of public officials
shall be released subject to existing laws, rules and regulations: Provided, further, That the limitations
and prohibitions to make available to the public the SALN shall not apply when upon order of the
Sandiganbayan, it has been established that there is probable cause related to the commission of an
offense,

SEC. 6, Presumption. — There shall be a legal presumption in favor of access to information,
‘The request for information may be denied only if it clearly falls under the exceptions provided under
this Act. Accordingly, government agencies shall have the burden of proving that the information
requested is exempted from disclosure.

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 properly classified pursuant thereto:
Provided, That 1) The information directly relates to national security or defense
and its revelation may cause grave 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 the government in an ongoing bilateral or
multilateral negotiation or seriously jeopardize the diplomatic relations of the
Philippines with one or more states: Provided further, That the executive order
shall specify the reasonable period after which the information shall be
‘automatically declassified or be 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 consists of records of minutes and advice given and opinions
expressed during decision-making or policy formulation, invoked by the Chief
Executive to be privileged 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;

(©) The information requested pertains to intemal and/or external defense, law
‘enforcement, and border control, when the disclosure thereof would.

(® unduly compromise or interfere with any legitimate military or law
enforcement operation; or

Gi) unduly compromise or interfere with the prevention, detection or
suppression of criminal activity, the effective implementation of
immigration controls and border security, or

(iii) deprive a person of a right to a fair trial or an impartial adjudication; or

(iv) 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 lawful national
security intelligence investigation, information furnished by a
confidential source, or

(¥) disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement
investigations or prosecutions if such disclosure could reasonably be
‘expected to risk circumvention of the law; or

(vi) endanger the life or physical safety of any individual;

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

(©) The information requested is obtained by any committee of either House of
Congress in executive session;

() The information requested pertains to personal information of a natural person,
‘whether from the public or the private sector, and its disclosure would constitute
‘an unwarranted invasion of personal privacy. This may include signatures,
addresses, telephone numbers, identification numbers, names of family members,
race or ethnicity, religion, health, education, sexual orientation, and similar
information, unless such information is specifically required by law to be entered
into an official record and made available to the public, or the person has
consented in writing to the disclosure of the information. To the extent required
to prevent an unwarranted invasion of personal privacy, an agency may redact
such information from a record made available to the public. However, the
justification for the deletion shall be explained fully in writing, and the extent of
such deletion shall be indicated on the portion of the record which is made
available or published;


(g) The information requested pertains to trade secrets and commercial or financial
information or intellectual property obtained from a natural or juridical person
other than the requesting party, whenever the revelation thereof would seriously
prejudice the interests of such natural or juridical person in trade, industrial,
financial or commercial competition,

(h) The information is classified as privileged communications in legal proceedings
by law or by the Rules of Court, unless the person entitled to the privilege has
waived it,

(i) The information requested is exempted by law or the Constitution, in addition to
those provided in this section,

The information is of a nature that its premature disclosure would, in the case of a
government agency that regulates or deals with currencies, interest rates,
securities, commodities, or financial institutions, likely lead to fraud,
manipulation, or other unlawful acts or schemes involving currencies, interest
rates, securities, or the commodities market or, in the case of other government
agencies, likely frustrate the effective implementation of a proposed official
action: Provided, That the information shall be accessible once the anticipated
danger has ceased.

(k) The information has already been made accessible as provided for in Section 12.

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 officer/s duly designated by him

SEC. 8. Qualifications to the Exceptions.
(a) The exceptions in the preceding section shall be strictly construed;

(b) The exceptions cannot be invoked to cover-up a crime, wrongdoing, graft, or
corruption;

(©) Whenever the information covered by an exception may be reasonably severed
from a record, the record shall be released with the exempt information redacted,
or the information not covered by the exception shall otherwise be communicated

to the requesting party;

(d) The President, the Supreme Court, the Senate, the House of Representatives, and
the Constitutional Commissions may waive an exception with respect to
information in the custody of offices under their respective supervision or control,
when they deem that there is an overriding public interest in disclosure, and

(©) 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,

SEC. 9. Mandatory Disclosure of Information.

(@) In fulfillment of Article XI, Section 17 of the Constitution the following national
officials shall provide to the public, through the websites of their respective offices,


their Statement of Assets, Liabilities, and Net worth (SALN) on an annual basis,
subject to Section 5 and Section 7(f) of this Act.

(i) the President,

ii). the Vice-President;

(iii) the Members of the Cabinet;

(iv) the Members of the Senate and the House of Representatives,
(¥) the Justices of the Supreme Court,

(vi) the Commissioners of the Constitutional Commissions and other
constitutional offices; and

(vii) officers of the Armed Forces with the rank of general or the equivalent
flag rank.

(b) All agencies of all branches of government shall publish on their websites and
update on a monthly basis, a register of the following:

(i) Freedom of Information Manual in full;

(i) 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;

(ii) 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,

(iv) Public interest documents or records, including:

1. Annual Budget of Government Agencies

2. Itemized Monthly Collections and Disbursement

3. Summary of Income and Expenditures

4, Component of the Internal Revenue Allotment (IRA) Utilization
5. Annual Procurement Plan and Procurement List

6. Items for Bidding

7. Bid Results on Civil Works, and Goods and Services

8. Abstract of Bids as Calculated

9. Procurement contracts entered into by a government agency


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

11, Private sector participation agreements or contracts in
infrastructure and development projects under Republic Act No.
{6957 otherwise known as the Philippine BOT Law, as amended
by Republic Act No. 7718;

12, Public funding extended to any private entity,

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

14. List of persons or entities who were granted licenses, permits or
agreements for the extraction and/or utilization of natural
resources given by any government agency;

15, Statement of Assets and Liabilities of the public officers of the
‘government agency; and

16. Guarantees given by any government agency to government
‘owned or ~controlled corporations and to private corporations,
persons or entities.

‘The register shall contain a brief description of the transaction involved, including the nature
and object of the transaction, the parties and amounts involved, the key steps undertaken towards its
conclusion, and the relevant dates: Provided, That contracts and agreements involving an amount of at
least Fifty Million Pesos (PSO, 000,000.00) shall be published in full on the website of the concemed
‘government agency or the Official Gazette Online subject to the succeeding section. A covered record
shall be enrolled in the register not later than 30 working days from its perfection or issuance

(c) All government agencies shall, over time, endeavor and build their capacity and
practice to publish in full all other contracts, agreements, or treaties covered under
this Section, especially those that are of the highest public interest by reason of the
amounts involved and the impact of the transaction to the public. All government
agencies must ensure that they have a compliant website within two (2) years from
the effectivity of this Act.

(4) Should an agency lack the capacity to comply with the website publication
requirement of this section, the agency shall initiate a capacity-building program,
coordinate with another appropriate agency, or use an alternative mechanism, to
facilitate substantive compliance not later than three (3) years from the effectivity of
this Act.

SEC. 10. Promotion of Openness in Government.

(a) Duty to Publish Information Government agencies shall regularly publish, print
and disseminate at no cost to the public and in an accessible form, in conjunetion with
Republic Act 9485, or the Anti-Red Tape Act of 2007, and through their website,
timely, true, accurate and updated key information, including

(i) A description of its mandate, structure, powers, functions, duties and
decision-making processes,


(ii) A description of the frontline services it delivers and the procedure and
length of time by which they may be availed of,

i) The names of its key officials, their powers, functions and
responsibilities, and their profiles and curriculum vitae,

(iv) Work programs, development plans, investment plans, projects,
performance targets and accomplishments, and budgets, revenue
allotments and expenditures,

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

(vi) Datasets generated in the implementation of agency mandates, programs,
activities, and projects such as statistics, figures, and geospatial data,
among others,

(vii) Current and important database and statistics that it generates;
(viii) Bidding processes and requirements, and

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

(b) Accessibility of Language and Form — Every government agency shall endeavor
to translate key information into major Filipino languages and present them in
popular form and means.

SEC. 11. Capacity-Building, Promotion of Best Practices, and Continuous Updating of
Appropriate Use of Information Technology. — All government agencies shall establish, operate, and
‘maintain a website with features that are compliant with all the provisions of this Act, within two (2)
years from the effectivity of this Act.

Every government agency shall likewise ensure the provision of adequate training for its
officials and employees to improve awareness of the people's right to information on matters of public
concer and the provisions of this Act, and to keep updated as to best practices in relation to
information disclosure, records maintenance, and archiving.

The National Computer Center shall monitor all government agency websites and provide
appropriate support for their development and full compliance with the requirements of this Act.

SEC. 12. Exemption from Compliance. ~ The government agency shall be 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 20 of this Act.

SEC. 13. Additional 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 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,

(©) An employee, 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 information except as authorized under this Act.

SEC. 14, Administrative Liability. - The acts enumerated in this section shall be tantamount
to gross neglect of duty and shall constitute grounds for administrative and disciplinary sanction
against any public official or employee who willfully and knowingly commits the following:

(@) Refusal to promptly forward the request under Section 18 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,

(b) Failure to act on the request within the periods required by this Act;

(©) Claim an exception under Section 7 of this Act when the claim is manifestly
devoid of factual or legal basis;

(@) Refusal to comply with the decision of immediate supervisor, the Ombudsman, or
of any court ordering the release of information;

(©) Approval of policies, rules and regulations manifestly 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,

SEC. 15. Criminal Liability,

(@) The following acts shall be subject to the penalty of imprisonment of not less than
one (1) month but not more than six (6) months, with the accessory penalty of
dismissal from service:

i. Falsely denying or concealing the existence of information mandated for
disclosure under this Act; and

ii, Destroying, or causing to be destroyed, information and/or documents
being requested under this Act, for the purpose of frustrating the
requesting party's access thereto,

(b) Any private individual who knowingly 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

(©) The acts under paragraph (a) of this section, if proven in an administrative
proceeding, shall be subject to the penalty of dismissal, even if no criminal
prosecution is instituted against him.

SEC 16. Denial in Good Faith Not a Ground for Liability. ~ A denial in good faith of a
request for access to information made pursuant to the provisions of this Act shall not constitute
grounds for administrative or criminal liability.

SEC. 17. Freedom of Information (FOI) Manual.


(a) For the effective implementation of this Act, all goverment agencies shall
prepare a Freedom of Information (FOI) Manual, setting forth the following:

vii.

viii

ix.

xi

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

‘The types of information it generates, produces, holds and/or publishes;

A description of its record-keeping system;

‘The person or office responsible for receiving requests for information;

‘The procedure for the filing of requests personally, by mail, or through
the identified electronic means,

The standard forms for the submission of request and for the proper
acknowledgement of the request;

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 and the
decision-making process for the grant or denial of the request;

The procedure for the administrative appeal of any denial for access to
information,

The schedule of service or processing fees pertinent to a request for
information;

‘The process and procedure for the mandatory disclosure of information
under Section 9 of this Act: Provided, That, should the agency lack the
capacity to comply with Section 9 of this Act, a brief description of its
plan to facilitate compliance within three (3) years from the approval of
this Act, and

Such other information, taking into consideration the unique
characteristics of the agency, that will help facilitate the effective
implementation of this Act.

(b) The FOI Manual shall also be posted in the agency website and a hard copy shall
be available at the agency reception area for use by the public;

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

(@) The heads of each of the departments and agencies may designate liaison units or
Committees which 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. 18. Procedure of Access.


(@) Any person who wishes to obtain information shall submit, free of charge, a
request to the government agency concerned personally, by mail, or through
electronic means. A person who is unable, because of illiteracy or disability, to
make a written request for information may make an oral request instead. The
public officer who receives the oral request shall reduce it to writing, indicating,
therein one's 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 refuse the acceptance of the request,
unless the request is contrary to law. If the request is submitted personally, the
requesting party shall show a current identification document 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 requesting parties and particularly those with special
needs, to comply with the requirements under this section.

(©) The request shall be duly received by the concerned government agency, which
shall forthwith indicate the date and time of receipt and the name, rank, title and
Position of the receiving public officer or employee who shall likewise affix one's
signature thereon, and shall furnish the requesting party a copy thereof. In case
the request is submitted by electronic means, the government agency shall
provide for an equivalent means by which the requirements of this paragraph
shall be met. Each government agency shall establish a system by which the
status of all requests for information received by it may be verified at any time.

(4) 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 agency.

(©) A government agency may communicate the information requested in a form
other than the preferred means whenever such preferred means would
unreasonably interfere with the effective operation of the agency, or if the agency
has no capability in communicating the information in the preferred format, or
When the preferred format may be detrimental to the preservation of the record

(The government agency shall comply with the 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 pay the required access and processing fees.

(i) If the information is not held by the government agency from which the request
‘was made, it shall notify the requesting party that it does not hold the information.
and indicate 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. 19. 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. 20. 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) working 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 indicate the name, rank, title or position of the person making the
denial, 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. 21.Remedies in Cases of Denial.
(a) Inall goverment agencies other than the judicial branch:

(0 A denial of a request for access to information may be appealed to the
Head of Agency, following the procedure required under Section 17 (a)
(8) of this Act: Provided, That the appeal must be filed within fifteen (15)
calendar days from the receipt of the notice of denial and m decided
within fifteen (15) calendar days from filing, Failure to resolve the appeal
within the aforementioned period shall constitute a denial of the appeal

(ii) A person denied access to information may file a verified complaint with
the Office of the Ombudsman, praying that the government agency
concerned be directed to immediately afford access to the information
being requested. The Office of the Ombudsman shall promulgate its
special rules of procedure for the immediate disposition of complaints
filed pursuant to this section. Unless restrained or enjoined, the decisions
of the Office of the Ombudsman shall be immediately executory, without
prejudice to review in accordance with the Rules of Court.

iii) A party whose request for information has been denied, whether or not
such decision has been appealed to the Head of the Agency, 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 information and to pay the damages sustained by the
requesting party by reason of the denial. The procedure for such petition
shall be summary in nature.


In resolving a complaint or petition brought under paragraphs (2) and (3) hereof, the
Ombudsman or the court is empowered to receive the information subject of a claim of exception
under Section 7 herein and examine them in camera to determine the sufficiency of the factual and
egal basis of such claim, when the sufficiency cannot be reasonably determined through evidence and
circumstances apart from the information.

(b) In the Judicial Branch ~ The Judiciary shall be governed by remedies as
promulgated by the Supreme Court.

‘The remedies under this section shall be sought or granted without prejudice to any other
administrative, civil or criminal action covering the same act.

‘The remedies available under this Act shall be exempt from the rules on non-exhaustion of
administrative remedies and the application of the provisions of Republic Act No. 9285, otherwise
known as the Alternative Dispute Resolution Act of 2004.

In case the requesting party has limited or no financial capacity, the Public Attorney's Office
shall be mandated to provide legal assistance to the requesting party in availing of the remedies
provided under this Act,

SEC. 22. Keeping of Records.

(@) Government agencies shall create and 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 activities;

(b) Government agencies, in coordination with the National Archives of the
Philippines, shall identify specific and classes of official records in their custody
‘or control that have continuing historical, administrative, informational, legal,
evidentiary, o for preservation by such agencies or their legitimate successors, or
for transfer to the National Archives of the Philippines.

(©) 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:

(Records pertaining to loans obtained or guaranteed by the government;

(ii) Records of government contracts involving amounts Fifty Million or
more, or related to infrastructure, public and private partnerships,
utilities, or other important projects;

(iii) The original declaration under oath of the assets, liabilities and net worth
of public officers and employees submitted to the Office of the
Ombudsman, as required by law, and

(iv) 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, a records management program that includes the following:

(i) A records maintenance 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;

Gi) 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, or for destruction: Provided, That
destruction of the official records may be implemented only upon
approval of the National Archives of the Philippines; and

(ii) Identification of the specific roles and responsibilities of agency
personne! in the implementation of such system and schedule.

(©) In addition to its function as repository of all rules and regulations issued by
agencies as provided under Book VII, Chapter I 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 in the Official Gazette or in digital or online form, the following:

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

(ii) All 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;

(iii) A database of all appointments and designations made by the President of
the Philippines, and

(iv) Opinions of the Secretary of Justice.

SEC 23.Publication in the official Gazette For purposes of mandatory disclosure as
provided in Section 9 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, 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 executive 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 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 denial of the right to information
under Article III, Section 7 of the 1987 Constitution.

SEC28. Publication of Government Data in the Open Data Philippines Website For the
purpose of enhancing the public's access to government information and abiding by the Philippines!
international commitments to transparency and government openness, all government agencies shall
Publish in the Open Data Philippines website datasets generated in the implementation of agency
mandates, programs, activities, and projects. These datasets shall be updated, whenever permissible,
at least once every quarter of the year.

‘The Open Data website shall be maintained and administered by an Open Data Task Force
under the Office of the President, or any such similar body designated by the President for this
Purpose.

For the purpose of making goverment data more accessible to the public, all datasets
published on the Open Data Philippines website and on LGU websites as mandated in Section 9 of
this Act shall be, whenever practicable, of a machine-readable and open format

SEC. 26. Tracking Requests for Information. Websites of government agencies matrix of
requests made, their status, and the decision regarding the request. The matrix shall also contain links
to uploaded information from approved requests. In such cases where requests are denied, the matrix
shall contain the reasons for denial and the status of the appeal if such is done

SEC. 27. Release to One, Release to All. For purposes of streamlining requests for
information, once an information has been made available to an individual through a request for
information, the said dataset shall also be published in an appropriate website such as, but not limited
to, the Open Data Philippines website, Official Gazette website, Departmental website, or Local
Govemment website thus allowing the public access to all information that has been requested.

SEC 28. Integration of Freedom of Information (FOND 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 offices shall prepare the necessary modules and teaching
programs consistent with the objectives of this Act.

SEC 29.Annual Reports on Actions Taken on Requests for Access to Information All
government agencies shall prepare, for each fiscal year, a report on the number of requests for
information they received, processed, granted and denied; of appeals made from denials of such
requests, and of pending court actions they are a party to as result of such requests. These reports may
be integrated in the main annual reports of government agencies and may be posted and published in
their respective websites.


SEC. 30. Appropriations. - The amount necessary to carry out the provisions of this Act shall
be charged against those authorized in the current and subsequent General Appropriations Acts.

SEC 31. Separability Clause.— If any provision of this Act is declared unconstitutional, the
remainder of this Act or any provisions not affected thereby shall remain in full force and effect.

SEC 32. 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 on
Operation and Effect of Laws, 24 and 25 on the Contents, Editing and Publications of the Official
Gazette, Book I, of Executive Order No. 292 or the Administrative Code of 1987 in relation to Article
2 on Effect and Application of Laws of Republic Act No. 386 or the Civil Code, 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).

SEC 33. Effectivity Clause. ~ This Act shall take effect fifteen (15) days after its publication
in the Official Gazette in at least two (2) national newspapers of general circulation.

Approved,