COVATEWNE

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

RECEIVED
: 30 JUN 2015

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 112

REE'STRATION UNIT
BILLS AN) INDEX SERVICE

Introduced by TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE

The free exchange of information is one of the hallmarks of a true democracy. To
achieve this transparency, accountability, and full public disclosure on the part of the
government with provisions for access to information on the part of the people to form decisions
and actions is necessary.

The government must be transparent in their decision-making process because the
people could only trust decisions if they know and undefstand the reason behind it’ A
government that keeps its reasons in secret will always be hounded by allegations that it must
be hiding those reasons for a reason. Regardless if those reasons are legitimate or valid,
arbitrary or malevolent, the people will always suspect that the reasons are wrong and unjust.

As a result, decisions reached in secret will not enjoy the support of the people. This is
contrary to the spirit of democracy, where the governors are merely representatives of the
governed. If there is no support from those who are governed, there is no reason for that
government to continue.

Therefore, the people must be provided the opportunity to see behind the veils of
government.

The means to do is the enactment of the Freedom of Information law. A law that gives
flesh to the people's right to government information mandated under Section 7, Article Ill of the
Constitution which states:

The right of the people to: information on matters Gf 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.

And Article !I Section 28, which states that

Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public

HOUSE OF REPRESENTATIVES



WOVAUAWNE

interest

Even as the Constitution provides the people with the right to information, with no law
setting the limitations, the right has become difficult to exercise as government agenciés have
been left to devise their own, often stringent, restrictions. This is what the Bill seeks to
address. A clear and reasonable scope in terms of government agencies and information
covered, a uniform procedure for access to information and remedies for a citizen whose
request for information has been denied, and a clear penalty for violation of the right to
information.

The Freedom of Information bill has already gone through a very long legislative history. It
has gone through more than two (2) decades of debate in Congress and over the years it has
evolved to consider and balance different concerns. President Rodrigo Duterte himself has
taken the lead in promising to issue an Executive Order on FOI. Congress must heed the call of
the people for a transparent government and the lead undertaken by the President. There is no
more reason to delay the passage of this Bill. It is high time that we afford our people the
Freedom of Information Law.

In view of the foregoing, the passage of this Bill is earnestly sought

TEDDY BRAWNER BAGUILAT
Lone District, ifugao


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

SEVENTEENTH CONGRESS
First Regular Session

112

House Bill No.

Introduced by TEDDY BRAWNER BAGUILAT

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 concem, 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 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,

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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) Dataset refers to an organized collection of data in a variety of forms, including

tabular, geospatial, or image data files.

(b) 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, audio 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

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

() 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.

(e) 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

(f) Public record refers to information required by law, executive orders, rules, or

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regulations to be entered, kept, and made publicly available by a government agency.

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
government 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
the exceptions 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.

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 intemal 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 govemment in an ongoing bilateral or multilateral
negotiation or seriously jeopardize the diplomatic relations of the Philippines with
one or more States: and 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;


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(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 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;

(d) the information requested is obtained by any committee of either House of Congress

in executive session;

(e) 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;

(6 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

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the interests of such natural or juridical person in trade, industrial, financial or

commercial competition;

(g) 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;

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

( when prematurely disclosed, the information, would, in the case of a government
agency that regulates or deals with the commodities markets, currencies, interest
rates, securities, or financial institutions, likely lead to fraud, manipulation, or other
unlawful acts or schemes involving currencies, interest rates, securities, 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.

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

For paragraphs (¢) 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.

4. The exceptions in the preceding section shalll be strictly construed;

2. The exceptions cannot be invoked to cover-up a crime, wrongdoing, graft, or
corruption;

3. 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

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the information not covered by the exception shall otherwise be communicated to
the requesting party;

4. 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

5. 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. — (a) \n fulfillment of Article XI,
Section 17 of the Constitution and subject to Section 5 and Section 7 (f) of this Act, the
websites of their respective offices shall provide to the public, the Statement of Assets,
Liabilities, and Net worth (SALN) on an annual basis of the following national officials:

(1) the President;

(2) the Vice- President;

(3) the Members of the Cabinet;

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

(6) 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 with the rank of general or the equivalent flag
rank.

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

(1) Freedom of Information Manual in full;

(2) 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
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papers, reports, or examinations;

{3) 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;

(4) Public interest documents or records, including:

(i) Annual Budget of Government Agencies
(ii) ltemized Monthly Collections and Disbursement

(iii) Summary of Income and Expenditures

(iv) Component of the Internal Revenue Allotment (IRA) Utilization

(v) Annual Procurement Plan and Procurement List

(vi) Items for Bidding

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

(viii) Abstract of Bids, as Calculated

(x) Procurement contracts entered into by a government agency

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

(xi) 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;

(xii) Public funding extended to any private entity;

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

(xv) Statement of Assets and Liabilities of the public officers of the
government agency; and

(xvi) Guarantees given by any government agency to government-owned
or -controlled corporations and to private corporations, persons or entities.

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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 (P50,000,000.00) shall
be published in full in the website of the concerned goverment agency or the Official
Gazette Online, subject to the succeeding section. A covered record shall be published
in the website not later than thirty (30) working days from its perfection or issuance.

(c) All government agencies shall, over time, endeavor to build their 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 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 — In conjunction with Republic Act 9485, or the Anti-Red Tape Act of 2007,
government agencies shall regularly publish, print and disseminate at no cost to the
public, in an accessible form, and through their website, timely, true, accurate and
updated key information, including:

(1) a description of its mandate, structure, powers, functions, duties and decision-
making processes;
(2) a description of the frontline services it delivers and the procedure and length

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of time by which they may be availed of;

(3) the names of its key officials, their powers, functions and responsibilities, and
their profiles and curriculum vitae;

(4) work programs, development plans, investment plans, projects, performance
targets and accomplishments, and budgets, revenue allotments and
expenditures;

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

(6) datasets generated in the implementation of agency mandates, programs,
activities, and projects such as statistics, figures, and geospatial data;

(7) current and important database and statistics that it generates;

(8) bidding processes and requirements; and

(9) 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 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 concern and the provisions of this Act. Similarly, all government agencies shall
endeavor to study and adopt best practices in relation to information disclosure, records
maintenance, and archiving.

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provide appropriate support for their development and ensure 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, in denying the request, 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) 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;

(c) 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. — It shall be tantamount to gross neglect of
duty and shall as a ground for administrative and disciplinary sanction against any
public official or employee who willfully and knowingly commits the following acts:

(a) 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;


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(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 the claim is manifestly
devoid of factual or legal basis;

(d) refusal to comply with the decision of immediate supervisor, the Ombudsman,

or of 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 the denial of a request for information.

SEC. 15. Criminal Liability. - (a) 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:

(1) falsely denying or concealing the existence of information mandated
for disclosure under this Act; and

(2) 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 induces or causes the commission of
the foregoing acts shall be liable as principal by inducement in the prosecution of
public officials or employees under this section.

(c) 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
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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 government agencies shall prepare a Freedom of
Information (FO!) Manual, setting forth the following:

(1) 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;

(2) the types of information it generates, produces, holds and/or publishes;

(3) a description of its record-keeping system;

(4) the person or office responsible for receiving requests for information;

(5) the procedure for the filing of requests personally, by mail, or through the
identified electronic means;

(6) the standard forms for the submission of request and for the proper
acknowledgement 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 and the
decision-making process for the grant or denial of the request;

(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 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

(11) such other information, taking into consideration the unique characteristics

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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;

(c) 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.

(d) 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 FO! Manual.

SEC. 18. Procedure of Access. — (a) 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 photostatic or
electronically scanned copy of the identification, or other convenient means as
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(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.

(c) 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.

(d) The request may indicate the requesting party's preferred mode and means of
receiving the information requested, provided that the mode and means are reasonable,
taking into consideration equipment normally available to the concerned government

agency.

(e) A goverment 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.

(f) 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.


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(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 shalll 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
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SEC. 21. Remedies in Cases of Denial. — (a) in all government agencies other
than the judicial branch —

(1) 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 must be decided within fifteen (15) calendar days from filing. Failure
to resolve the appeal within the aforementioned period shall constitute a denial of the
appeal

(2) 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 decision of the Office of the Ombudsman shall be immediately executory, without
prejudice to review in accordance with the Rules of Court

(3) A party whose request for information has been denied, whether or not such
decision has been appealed to the head of an 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 to examine them in camera to determine the
sufficiency of the factual and legal basis of such claim, when the sufficiency cannot be

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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 is mandated to provide legal assistance to the requesting party in availing of the
remedies provided under this Act.

SEC. 22. Keeping of Records. - (a) Goverment 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, or research value,
for preservation by such agencies or their legitimate successors, or for proper

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documentation if and when the records are transferred to the National Archives of the
Philippines.

(c) In addition to the specific and classes of official records identified for preservation
under letter (b) of this section, the following shall not be destroyed:

(1) records pertaining to loans obtained or guaranteed by the government;

(2) records of government contracts involving amounts Fifty Million Pesos (Php
50,000.00) or more, or related to infrastructure, public and private
partnerships, utilities, or other important projects;

(3) the original Declarations 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

(4) records of official investigations pertaining to allegations of graft and
corruption of public officers.

(d) Government agencies shall prepare, according to the standards set in and within the
period mandated by 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
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(e) In addition to its function as repository of all rules and regulations issued by
agencies as provided under Book VII, Chapter Il 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:

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

(2) 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;

(3) a database of all appointments and designations made by the President of
the Philippines; and

(4) opinions rendered by the Secretary of Justice.

SEC 23. Publication in the Official Gazette. - For purposes of mandatory
disclosure as provided in Section 9 of this Act, the publication in the Official Gazette
website shall be considered official publication provided there shall be a timestamp in
the said document.

For purposes of compliance with Article 2 of the Civil Code of the Philippines,
publication of the following in the online version of the Official Gazette, with the
corresponding timestamps on the document, shall be considered as official publication:

(a) All important legislative acts and resolutions of a public nature of the Congress of
the Philippines;

(b) All executive and administrative orders and proclamations of general application;

(c) 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
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(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 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.

SEC. 25. Publication of Government Data in the Open Data Philippines
Website. - For purposes of enhancing the public's access to government information
and abiding by the Philippines’ intemational 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 in every quarter of every 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 government 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.

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requests for intormation, once an information nas been mage avaliapie 10 an inaviauat
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 Government website thus
allowing the public access to alll information that has been requested

SEC 28. Integration of Freedom of Information (FO!) 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 shalll 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.

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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 |, 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. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,