HOUSE OF REPRESENTATIVES:
RECEIVED
pare:_0 4 Jul 2016
Te: _ 3 1Que.
BY:

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

903

REGISTRATION UNIT

HOUSE BILL NO. BILLS AND INDEX SERVICE

Introduced By: REPRESENTATIVE SALVIO B. FORTUNO

EXPLANATORY NOTE

This bill seeks to strengthen the right of all Filipino citizens to information on
matters of public concern and access to official records, documents and transactions
pertaining to official acts. It was first filed by this humble representation at the opening
of the Sixteenth Congress but for reasons beyond our control, it failed to see the light of
day.

It is therefore good to reiterate that the paramount objective of this important
piece of legislation is to promote transparency and accountability in the government for
the great benefit of the Filipino people. The government and its officials who have
nothing to hide must submit themselves to public scrutiny by granting their “bosses”,
the sovereign Filipino people, unlimited access to their official acts, documents and
transactions except in cases when national security will be compromised.

The Philippine Constitution is crystal clear on this issue as Section 7 thereof
explicitly provides that “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 to government research
data used as a basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.”

However, it is not a self-executing provision and therefore an enabling Act has to
be passed by Congress to implement the aforecited provision of the Constitution.

It is worthy to emphasize that the other side of the Constitutionally guaranteed
Freedom of Expression is the Freedom of Information, which is the oxygen of democracy
that makes it possible for the sovereign people to make informed decisions on what to
do with their own lives without enduring the right of others.

The foregoing reasons merit the approval of this ingpbrtant legislation.

B. FORTUNO
resentative
Fifth Disjtict, Camarines Sur



Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 303

Introduced By: REPRESENTATIVE SALVIO B. FORTUNO

AN ACT
STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION ON
MATTERS OF PUBLIC CONCERN, ACCESS TO OFFICIAL RECORDS AND
DOCUMENTS AND PROVIDING PENALTIES THEREFOR

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 “Freedom of
Information Act.”

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 under this Act. This right is
indispensable to the free 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, which
refer to the executive, legislative and judicial branches as well as the
constitutional bodies of the Republic of the Philippines, 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, the following terms shall
mean:

(a) Information shall mean any knowledge, record, document, paper,
report, letters, contract, minutes and transcripts of official meetings,
maps, books, photographs, research data, material, film, sound and
video recordings, magnetic or other tapes, electronic data processing,
records, 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 records shall refer to information produced by the public
officer or employee, or by a government agency in an official capacity
or pursuant to a public function or duty, and is not meant to be a stage
or status of the information;

(©) Public records shall include information required by law, executive
orders, rules and regulations to be entered, kept and made public
available by a government agency.

SEC. 5. Presumption. - There shall be a legal presumption in favor of
access to information. Accordingly, government agencies shall have the burden
of proof of showing clear and convincing evidence that the information
requested should not be disclosed.

SEC. 6. Access to Information. - Government agencies shall make
available to the public 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, regardless of their physical form or format in which they are
contained and by whom they were made.

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 internal or
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 on-going bilateral or


(b)

©

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 subject to mandatory declassification review, and
that any reasonable doubt as classification and declassification
shall be settled in favor of the right to information;

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 sensitivity of the subject matter or of the
impairment of the Chief Executive's deliberative process that
would result from the disclosure thereof. Once the 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 internal and external
defense, law enforcement and border control, when the
disclosure thereof would:

0) Unduly compromise or interfere with any
legitimate military or law enforcement operation;
or

@ Unduly compromise or interfere with the

prevention, detection or suppression of criminal
activity, the effective implementation of
immigration controls and border security; or

(k) Deprive a person of a right to a fair trial or
impartial adjudication; or
0) 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

(m) Disclose techniques and procedures for law
enforcement investigations or prosecutions, or
would disclose guidelines for law enforcement
investigations or prosecutions if such disclosure


(d)

©

(g)

(h)
0)
@

could reasonably be expected to_risk
circumvention of the law; or
(n) Endanger the life or physical safety of any
individual.

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;
The information requested is obtained by any committee of
either House of Congress in executive session;
The information requested pertains to the personal information
of a natural person other than the requesting party, and its
disclosure would clearly constitute an unwarranted invasion of
one’s 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 or her public function or the person
has consented in writing to the disclosure of the information;
The information requested pertains to trade, industrial, financial
or commercial secrets of a natural or juridical person, obtained
in confidence by a government agency whenever the revelation
thereof would seriously prejudice the interests of such natural or
juridical persons in trade, industrial, financial or commercial
competition;
The information is classified as privileged communications in
legal proceedings by law or by the Rules of Court.
The information is exempted by law or the Constitution, in
addition to those provided in this section;
The information has already been made accessible.

SEC. 8. Mandatory Disclosure of Informations. - (a) In fulfillment of
Article XL, Section 17 of the Constitution, the following national officials shall
provide to the public, through the websites of their respective offices, the
Statement of Assets, Liabilities and Networth (SALN) on an annual basis:

(1) President;

(2) Vice-President;

(3) the Members of the Cabinet;

(4) the Members of the Senate and the House of Representatives;

(5) the Justices of the Supreme Court;

(6) the Commissioners of the Constitutional Commissions and other

constitutional offices; and

(7) the officers of the Armed Forces of the Philippines with the rank of

general or its 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)
(ii)
(iii)

(iv)

Freedom of Information manual in full;

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;

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;

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 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 agency;

(15) Projects identified legislators pursuant to any Congressional
allocations, including the Priority Development Assistance
Fund, the Financial Subsidy to Local Government Units, the
Regular Congressional Allocation for Infrastructure projects
under the Department of Public Works and Highways,
Congressional Insertions, and other similar Congressional
allocation modalities;

(16) Statement of Assets, Liabilities and Networth of public
officers of the government agency; and


(17) 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, but not limited to: 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
Fifty Million pesos (P50,000,000.00) shall be published in full on the website of
the concerned 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.

(©) All government agencies shall, over time, endeavor and build the
capacity and practice to publish in full all other contracts, agreements, or treaties
covered under this Section, specially 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.

(d) Should an agency lack the capacity to comply with the website
publication requirement of this Section, the agency shall initiate a capac

building program, coordinate with another appropriate agency, or use an
alternative mechanism, to facilitate substantive compliance not later than three
(3) years for the effectivity of this Act.

SEC. 9. Notice of Denial. - If the government agency decides to deny the
request, in whole or in part, it shall, within ten (10) 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 indicate the name,
rank, title or position of the person making the denial, and the grounds for such
denial. In case the denial is by reason of a claimed exception, the denial shalll also
state clearly the legitimate aim or interest sought to be protected in the
confidentiality, and the facts and circumstances invoked showing the substantial
harm to, or frustration of, the legitimate aim or interest that will result in the
disclosure of the information. Failure to notify the person making the request
shall be deemed a denial of the request for access to information.

SEC. 10. Remedies in Cases of Denial. - (a) In the executive and legislative
branches and constitutional bodies -

(1) Every denial of any request for access to information may be
appealed to the person or office next higher in authority,
following the procedure provided in the guidelines as required
by the Section 15 (a] (8) of this Act: Provided, That the appeal


must be filed within fifteen (15) calendar days from the notice of
denial and must be decided within fifteen (15) calendar from
filing. Failure of the government agency to decide within the
aforestated period shall constitute a denial for the appeal; and

(2) Instead of appealing or after the denial of the appeal, the person
denied access may, within fifteen (15) calendar days from the
original denial or denial of the appeal, file a verified complaint
with the Office of the Ombudsman, praying that the
government agency concerned be directed to immediately
access to the information being requested. Such complaint shall
be resolved by the Office of the Ombudsman within sixty (60)
calendar days from filing or earlier, when time is of the essence,
taking into account such factors as the nature of the information
requested, context of the request, public interest and danger that
the information requested will become moot.

(b) In the Judicial Branch. - The Supreme Court shall promulgate the
remedies that will govern offices under its jurisdiction;

(©) The remedies under this section are without prejudice to any other
administrative, civil or criminal action covering the same act;

(d) The remedies available under this Act shall be exempt from the rules
of 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;

(e) The Office of the Ombudsman shall promulgate its rules of procedure
to effect the purposes of this Act;

(® Unless restrained or enjoined, the decisions of the Office of the
Ombudsman shall be immediate executory, without prejudice to review in
accordance with the Rules of Court;

(g) In case the requesting party has limited or no financial capacity, the
Public Attorneys Office (PAO) shall be mandated to provide legal assistance to
him or her in availing of the remedies provided under this Act.

SEC. 11. Procedure of Access. - (a) Any person who wishes to obtain
information shall submit a request to the government agency concerned, as much
as practicable in writing or through electronic means, reasonably describing the
information required, the reason for the request of the information and the
means by which the government agency shall communicate such information to
the requesting party.


(b) 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 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.

(© The request may indicate the following preferred means of
communication:

(3) A true copy of the information in permanent or other form;

(4) An opportunity to inspect the information, using equipment
normally available to the government agency when necessary;

(5) An opportunity to copy the information using personal
equipment;

(6) A written transcript of the information contained in a sound or
visual form;

(7) A transcript of the content of an information, in print, sound or
visual form, where such transcript is capable of being produced
using equipment normally available to the government agency;
or

(8) A transcript of the information from shorthand or codified
form.

(d) A government agency may communicate information in a form other
than the preferred means whenever such preferred means would unreasonably
interfere with the effective operation of the agency, or be detrimental to the
preservation of the record;

(c) The government agency shall comply with such request within ten (10)
calendar days from the receipt thereof;

(f) The time limits prescribed in this section may be extended during
unusual circumstances where, in the production of the requested information,
there is a need for the following:

) To search for and collect the requested information from field
or other establishments that are separate from the other office
processing the request;

Q To search for , collect and appropriately examine a voluminous
amount of separate and distinct information which are
demanded in a single request;

) For consultation, which shall be conducted in all practicable
speed, with another government agency or among two (2) or


more components of the government agency having substantial
interest in the determination of the request; and

C) To consider fortuitous events or other events due to force
majeure 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:
Provided, That no such notice shall specify a date that would result in an
extension of more than fifteent (15) calendar days.

SEC. 12. Promotion of Openness in Government. ~ (a) Duty to Publish
Information - Government agencies shall regularly publish and disseminate, at
no cost to the public and in an accessible form, by print and through their
website, timely, true, accurate and updated key information, including, but not
limited to the following:

() A description of its 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 maybe availed of ;

@) Work programs, development plans, investment plans, projects,

performance targets and accomplishments, and budgets,
revenue allotments and expenditures;

(4) Important rules and regulations, orders or decisions;

(5) Current and important database and statistics that it generates;
©) Bidding processes and requirements;

7) Mechanisms or procedures by which the public may participate

in or otherwise influence the formulation of policy or the
exercise of its powers; and

(6) A. guide on accessing information containing adequate
information it holds and/or publishes, the procedure for
obtaining access by the public to such information, the person
or office responsible with the duty to act on the request and
routing it to the person or office with the duty to act on the
request, the standard forms and procedure for request and the
schedule of access fees.

(b) Keeping of Records - Government agencies shall maintain and
preserve their records in a manner that facilitates easy identification, retrieval
and communication to the public. They shall establish Management Information
Systems (MIS) to strengthen their capability to store, manage and retrieve
records, and facilitate access to public records. The following shall not be
destroyed:

10


(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 networth of
public officers and employees as required by law;

(4) Records of official investigations on graft and corrupt practices of
public officers; and

(5) Other records where there is a significant public interest in their
preservation or where there is likely to be such interest in the future;

(© 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.

(d) Improving Capability. - Every government agency shall ensure the
provision of adequate training for its officials to improve awareness of the right
to information and the provisions of this Act, and to keep updated as to best
practices in relation to information disclosure, records maintenance and
archiving.

SEC. 13, 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.

SEC. 14. Protection of Right to Privacy. - The right to privacy of
individuals must be protected in the following manners:

(a) A government agency must ensure that personal information in its
custody or under its control is disclosed only as permitted;

(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;

(© Any employee, officer or director of 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. 15. 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:

i


(a) Refusal to promptly forward the request under Section 11 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;

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

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

(e) 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 a denial of a request for information.

SEC. 16.Criminal Liability. - (a) Any public official or employee who
falsely denies or conceals the existence of information mandated for disclosure
under this Act shall be liable for the crime of removal, concealment or
destruction of documents as defined under Article 226 of the Revised Penal
Code.

(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, shall be liable for
the crime of removal, concealment or destruction of documents as defined under
Article 226 of the Revised Penal Code.

(© 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.

SEC. 17. Mere Denial 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 sanction or criminal liability.

SEC. 18. lnplementation Requirements. - (a) For the effective
implementation of this Act, all government agencies shall prepare a Freedom of
Information Manual containing 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 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 requests 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 service or processing fees pertinent to a request for
information;

(10) ‘The process and procedure for the mandatory disclosure of
information under Section 7 of this Act: Provided, That should the
agency lack the capacity to comply with Section 7 of this Act, a brief
description of its plan to facilitate compliance within three (3) years
from 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 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 set out in the Implementing Rules of this Act and
shall be included in the Freedom of Information Manual.

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 requesting party is an


indigent, or that the cost of production is negligible, or that it is pursuant to a
program for proactive disclosure.

SEC. 20. Keeping of Records. - (a) Government agencies shall create and
maintain in appropriate formats, accurate and reasonably complete
documentation or records of their organization, policies, transaction, decisions,
resolution, 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, or research value for preservation by such agencies or their
legitimate successors, or for transfer to the National Archives of the Philippines.

(©) Inaddition 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 by the government;

(ii) Records of government contracts involving Fifty million
pesos (P50,000,000.00) or more, or related infrastructure, public and
private partnerships, utilities or other important projects;

(iii) The original declaration under oath of the assets, liabilities
and networth 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.

(a) 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:

(1) 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;


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

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

(d) In addition to its functions 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 of 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:

(1) All laws of the Philippines and its amendments;

(2) All presidential issuances from November 15, 1935 to the present,
including, but not limited to, 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. 22. Publication 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 timestamp on the document, shall be considered
as official publication:

(a) All important legislative accts 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;

(d) 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. 23. Act not a Bar to Claim Right to Information Under the
Constitution. - No provision of this Act shall constitute a bar to any claim of
denial of the right to information under Article IIL, Section 7 of the Constitution.

SEC. 24. Separability Clause. - If any provision of this Act or part thereof
is held invalid or unconstitutional, the remaining provisions not affected thereby
shall remain in full force and effect.

SEC. 25. Repealing Clause. ~ All laws, decrees, executive orders, rules and
regulations or any part thereof inconsistent with the provisions of this Act,
including Sections 18,24 and 25 of Executive Order No. 292. otherwise known as
the Administrative Code of 1987 in relation to Article 2 of the Civil Code,
Memorandum Circular No. 78 dated 14 August 1964 on the Rules Governing
Security of Classified Matter in Government Offices, as amended, and Section 3,
Rule IV of the Rules Implementing Republic Act No. 6713 otherwise known as
the Code of Conduct and Ethical Standards for Public Officials and Employees
are hereby repealed.

SEC. 26. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,