TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
'vOffiCr ol!
)
SENATE
S. No. 770
25 JUL29 P4:06
Ri:CLv
Introduced by Senator JV Ejercito
AN ACT
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE 
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND 
TRANSPARENCY IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES
EXPLANATORY NOTE
"Citizens can only truly participate in governance if they have access to 
information." No less than President Ferdinand "Bongbong" Marcos Jr. has said this 
during his address at the 2025 Open Government Partnership Asia and the Pacific 
Regional Meeting in the Philippines.
Such a statement is a welcomed development in our quest for transparency in 
public service. We consider this as a great step forward in advancing our people's 
involvement in watching over government leaders, serving as another form of checks 
and balances.
Indeed, information is power and it should be shared with our people who 
deserve every bit of accountability from their leaders. Information is key in unlocking 
the shackles that have held our country in poverty. No less than the constitution 
recognizes the right of the people to be informed.
Section 7 of the Bill of Rights enshrined in the 1987 Philippine Constitution 
emphasizes the right of the people to information. However, for over three decades 
since the first Freedom of Information (FOI) Bill was filed. Congress has yet to pass a 
legislation that truly promotes access to information. The passage of an FOI law also 
remains as a commitment of the Philippines to the Open Government Partnership that 
needs to be fulfilled since its membership in 2011.


The importance of the right to information cannot be overemphasized. It_plays 
a crucial role in public participation and governance. Moreover, it empowers citizens 
to hold their government and leaders accountable based on factual information, 
documents, and data provided by the government itself.
While we live by the doctrine that the mere existence of government emanates 
from our people, such remains to be proven. It is only through direct participation of 
our citizens like casting their vote that they indeed form part of the government which 
they have endowed with their trust and confidence.
Through the years, there are notable efforts by the government in promoting 
FOI within the bureaucracy. In 2016, Executive Order (EO) No. 2 was issued which 
operationalizes in the executive branch the constitutional right of Filipinos to 
information. The EO, in turn, empowered the local government units to pass their 
respective local ordinances on FOI. As to how this development encouraged 
constituents to participate in scrutinizing the ways of governance of local officials 
remain to be known.
Transparency in government processes should be proactively exercised 
regardless of political climate and public opinion. People should be able to trust their 
government - transparency plays a crucial role in this aspect.
This version of the FOI bill recognizes and aims to strengthen the right to 
information of every Filipino by institutionalizing the significant strides the government 
has achieved in the past years and committing the participation not only of the 
executive branch but of the legislature and judiciary as well. Our proposed measure 
heavily considered maximized people participation in the most number of government 
proceedings. We encourage our people to take part not only as observers but 
promoters of truth and social justice for all.
The legislative proposal promotes transparency and enjoins the participation of 
the public during key processes in all branches of government including public 
consultations and deliberation conducted by the executive in policy formulation; 
committee deliberations including bicameral conference committee meetings of the 
legislature; and public hearings and oral arguments by the Supreme Court.


Democracy guarantees people participation and open government. Leaders 
should strive for a "government of the People, by the People, and for the People" 
where the right to information can be freely exercised instead of limited.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
JV EJERCITO


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16 
17
TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
ol •; '
)
SENATE
s. NO. 770
25 JUL29 P4:06
RliCEi'VL 0 y.’
Introduced by Senator JV Ejercito
AN ACT
IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE 
CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND 
TRANSPARENCY IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES
Be 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. - It is hereby declared the policy of the state to 
uphold and protect the right of the people to information on matters of public concern. 
It is likewise the policy of the State to promote meaningful and increased participation 
of the people in government decision-making and public accountability.
Toward this end, the State shall ensure timely access to accurate and complete 
information pertaining to public records and proceedings. Thus, the State shall adopt 
disclosure and broadcasting mechanisms using digital platforms and other emerging 
technologies to enable the public to observe and monitor official proceedings without 
undue delay.
Sec. 3. Definition of Terms. - As used in this Act: 
a. Information refers to any record, document, paper, report, letters, contract, 
minutes and transcripts of official meetings, maps, books, photographs, data, 
research material, film, sound and video recordings, magnetic or other tapes, 
electronic data, computer stored data, or any other like or similar data or 
material recorded, stored or archived in whatever form or format, which are


1 
made, received, or kept in or under the control and custody of any government
2 
agency pursuant to law, executive order, rules and regulations, ordinance or in
3 
connection with the performance or transaction of official business by any
4 
government agency;
5 
b. Official record vQ^exs to information produced or received by a public officer or
6 
employee, or by a government agency in an official capacity or pursuant to a
7 
public function or duty, regardless of whether the information is in the draft,
8 
final or any other stage or status;
9 
c. Personai data/information refers to a collective term used to refer to personal
10 
information, sensitive personal information, and privileged information. These
11 
are any information whether recorded in a material form or not, from which
12 
identity of an individual is apparent or can be reasonably and directly
13 
ascertained by the entity holding the information, or when put together with
14 
other information would directly and certainly identify an individual; and
15 
d. Public record refers to information required by law, executive orders, rules, or
16 
regulations to be entered, kept and made publicly available by a government
17 
agency.
18 
Sec. 4. Coverage. - This Act shall apply to all executive, legislative and judicial
19 
offices, and constitutional offices, including Local Government Units (LGUS), State
20 
Universities and Colleges (SUCS), Government-Owned or Controlled Corporations
21 
(GOCCS), and other government instrumentalities, subject to limitations under existing
22 
laws. Further, this Act shall also cover back-end government operations, within,
23 
between, and across agencies, government-to-government communications,
24 
particularly those involving sharing and processing of data and information between
25 
and among government agencies for policy, planning, and decision-making purposes,
26 
and other government operations.
27 
Sec. 5. Access to Information. - Every Filipino has a right to access official
28 
proceedings, information, official records, public records, and documents and papers
29 
pertaining to official acts, transactions, or decisions, as well as to government research
30 
data used as basis for policy development regardless of the physical form or format in
31 
which they are contained subject to the exceptions under this Act.
32


1 
Sec. 6. Presumptions. There shall be a legal presumption in favor of access to
2 
information. Government agencies shall have the burden of proof of showing by clear
3 
and convincing evidence that the information requested is exempted from the
4 
disclosure by this Act.
5 
Sec. 7. Exceptions. - Access to information shall be granted unless:
6 
a. The information is specifically authorized to be kept confidential under
7 
guidelines established by an executive order and properly classified pursuant
8 
thereto;
9 
b. The information directly relates to national security or defense and its revelation
10 
may cause serious damage to the national security or internal and external
11 
defense of the State;
12 
c. The information requested pertains to the foreign affairs of the Republic of the
13 
Philippines, when its revelation shall unduly weaken the negotiating position of
14 
the government in an ongoing bilateral or multilateral negotiation or seriously
15 
jeopardize the diplomatic relations of the Philippines with any state;
16 
d. The information consists of records of minutes, advice given or opinions
17 
expressed during decision-making or policy formulation, invoked by the Chief
18 
Executive to be privileged by reason of the sensitivity of the subject matter or
19 
by reason of the impairment of the Chief Executive's deliberate process that
20 
would result from the disclosure thereof. Once policy has been formulated and
21 
decisions made, minutes and research date may be made available for
22 
disclosure unless they were made in executive session;
23 
e. The information requested pertains to internal and/or external defense, law
24 
enforcement, and border control, when disclosure thereof would render a
25 
legitimate military operation ineffective, unduly compromise the prevention,
26 
detection, or suppression of a criminal activity, or endanger the life or physical
27 
safety of confidential or protected sources of witnesses, law enforcement and
28 
military personnel or their immediate families;
29 
f. The information requested consists of drafts of orders, resolutions, decisions,
30 
memoranda or audit reports by any executive, administrative, regulatory,
31 
constitutional, judicial or quasi-judicial body in the exercise of their regulatory,
32 
audit and adjudicatory function;


1 
g. The information requested is obtained by either House of Congress, or any
2 
committee thereof, in executive session;
3 
h. The information requested pertains to the personal information of a natural
4 
person other than the requesting party, and its disclosure would constitute an
5 
unwarranted invasion of his or her personal privacy, unless it forms part of a
6 
public record, or the person is or was an official of a government agency and
7 
the information relates to his or her public function or the person has consented
8 
in writing to the disclosure of the information;
9 
i. The information requested pertains to trade secrets and commercial or financial
10 
information obtained from a natural or juridical person other than the
11 
requesting party, obtained in confidence or covered by privileged
12 
communication, and/or filed with a government agency, whenever the
13 
revelation thereof would prejudice the interests of such natural or juridical
14 
person in trade, industrial, financial or commercial competition;
15 
j. The information is classified as privileged communication in legal proceedings
16 
by law or by the Rules of Court;
17 
k. The information requested is exempted from disclosure by law or the
18 
Constitution, in addition to those provided in this section;
19 
I. The information is of a nature that its premature disclosure would: (1) in the
20 
case of an agency that regulates or deals with currencies, interest rates,
21 
securities, commodities, or financial institutions, be likely to lead speculations
22 
in currencies, interest rates, securities, or commodities market; or (2) in the
23 
case of other agencies, be likely to frustrate the effective implementation of a
24 
proposed official action: Provided, that the information shall be disclosed once
25 
the abovementioned dangers have ceased;
26 
m. The information deemed confidential for the protection of the privacy of
27 
persons and certain individuals, such as minors, victims of crimes, of the
28 
accused. These include:
29 
i. i. Information of a personal nature where disclosure would constitute a
30 
clearly unwarranted invasion of personal privacy, personal information
31 
or records, including sensitive personal information as defined under the
32 
Data Privacy Act of 2012;


1 
ii. ii. Records of proceedings and processes deemed confidential by law for
2 
the privacy and/or protection of certain individuals, such as children,
3 
victims of crime, witnesses to a crime or rehabilitated drug offenders;
4 
Sec. 8. Exceptions to the exceptions. - Even if the information requested falls under
5 
the exceptions set forth in the preceding section, access to information shall not be
6 
denied when:
7 
a. The information requested may be reasonably severed from the body of the
8 
information, which would be subject to the exceptions;
9 
b. The public interest in the disclosure outweighs the harm to the interest ought
10 
to be protected by the exceptions; or
11 
c. The requesting party is either the House of Congress or any of its committees,
12 
unless the disclosure will constitute a violation of the Constitution.
13 
Sec. 9. Promotion of Openness and Transparency in Government -
14 
a. Real-Time Public Access to Government Proceedings. - Subject to the
15 
limitations provided under Section 7 and other applicable 
rules and laws, the
16 
following proceedings shall be made accessible 
to the public in real time
17 
through livestreaming and similar methods on their official websites and social
18 
media accounts:
19 
1. Public consultations and deliberations conducted by any executive office
20 
for the formulation of public policies or the drafting of implementation
21 
of rules and regulations pursuant to enacted laws;
22 
2. Plenary sessions, committee hearings, bicameral conference committee
23 
meetings, and public consultations conducted by the Senate and the
24 
House of Representatives and any of their committees, except those to
25 
be conducted in an executive session in accordance with their respective
26 
rules; and
27 
3. Public hearings, oral arguments, and other similar judicial proceedings
28 
of the Supreme Court as may be declared open to the public in
29 
accordance with its internal rules and existing jurisprudence;
30 
b. Duty to Publish Information - Each government agency shall regularly publish,
31 
print and disseminate at no cost to the public and in an accessible form,
32 
consistent with the provisions of Republic Act 9485, or the Anti-Red Tape Act


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
of 2007, and through their website, timely, true, accurate and updated key 
information including, but not limited to:
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 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. 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;
7. 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;
8. Current and important database and statistics that it generates;
9. Mechanisms or procedures by which the public may participate in or 
otherwise influence the formulation of policy or the exercise of its 
powers; and
10. All the steps, negotiations, and key government positions pertaining to 
definite propositions of the government, as well as the contents of the 
contract, agreement or treaty in the following transactions involving 
public interest:
i. i. Compromise agreements entered into by a government agency 
with any person or entity involving any waiver or its rights or 
claims;


1 
ii. ii. Private sector participation agreements or contracts in
2 
infrastructure and development projects under Republic Act No.
3 
6957, as amended by Republic Act No. 7718, authorizing the
4 
financing, construction, 
operation 
and maintenance 
of
5 
infrastructure projects;
6 
Hi. Hi. Procurement contracts entered into by a government agency;
7 
iv. Construction or concession agreements or contracts entered into
8 
by a government agency with any domestic or foreign person or
9 
entity;
10 
V. iv. Loans, grants, development assistance, technical assistance
11 
and programs entered into by a government agency with official
12 
bilateral or multilateral agencies, as well as with private aid
13 
agencies or institutions;
14 
vi. V. Loans from domestic and foreign financial institutions;
15 
vii. Guarantees given by any government agency to government-
16 
owned or controlled corporations and to private corporations,
17 
persons or entities;
18 
viii. vi. Public funding extended to any private entity;
19 
ix. vii. Bilateral or multilateral agreements and treaties in defense,
20 
trade, economic partnership, investments, cooperation and
21 
similar binding commitments; or
22 
X. viii. Licenses, permits or agreements given by any government
23 
agency to any person or entity for the extraction and/or utilization
24 
of natural resources.
25 
c. Keeping of Records. - Government agencies shall maintain and preserve their
26 
records in a manner that facilitates 
easy identification, retrieval and
27 
communication to the public. They shall establish Management Information
28 
Systems (MIS) to strengthen their capability to store, manage, and retrieve
29 
records and to facilitate access to public records. The following shall not be
30 
destroyed:
31 
1. Records pertaining to loans obtained or guaranteed by the Government;
32 
2. Records of Government contracts;


1 
3. The declaration under oath of the assets, liabilities and net worth of
2 
public officers and employees, as required by law; and
3 
4. Records of official investigations pertaining to allegations of graft and
4 
corruption of public officers.
5 
Sec. 10 Protection of Privacy - While providing for access to information in public
6 
records, this Act also affords full protection of the right to privacy of individuals, as
7 
follows:
8 
a. Disclosure of public records involving personal data shall be guided by the
9 
principle of transparency, legitimate purpose, and proportionality;
10 
b. A government agency must ensure that personal information in its custody or
11 
under its control is disclosed only as permitted under this Act;
12 
c. A government agency must protect personal information in its custody or under
13 
its control by making reasonable security arrangements against such risks as
14 
unauthorized access, collection, use, disclosure, or disposal;
15 
d. An employee, officer or director of a government agency who has access,
16 
whether authorized or unauthorized, to personal information in the custody of
17 
the agency, must not disclose that information except as authorized under this
18 
Act.
19 
Sec. 11. Freedom of Information Manuai -
20 
a. For the effective implementation of this Act, all government agencies shall
21 
prepare a Freedom of Information Manual, setting forth the following:
22 
1. The location and contact information of the head, regional, provincial
23 
and field offices, and other established places where the public can
24 
obtain information or submit requests;
25 
2. The types of information it generates, produces, holds and/or publishes;
26 
3. A description of its record-keeping system;
27 
4. The person or office responsible for receiving request for information;
28 
5. The procedure for the filing of requests personally, by mail, or through
29 
the identified electronic means;
30 
6. The standard forms for the submission of request and for the proper
31 
acknowledgement of the request;


1 
7. The process for the disposition of the request, including the routing of
2 
the request to the person or office with the duty to act on the request,
3 
the decision-making process, and the grant or denial of access and its
4 
implementation;
5 
8. The procedure for the administrative appeal of any denial for access to
6 
information;
7 
9. The schedule of fees;
8 
10.The process and procedure for the mandatory disclosure of information
9 
under Section 8 of this Act: Provided, That should the agency lack the
10 
capacity to fully comply therewith, a brief description of its plan to
11 
facilitate compliance within three (3) years from the approval of this Act;
12 
and
13 
11.Such other information, taking into consideration the unique
14 
characteristics of an agency, that will help facilitate the effective
15 
implementation of this Act.
16 
b. The foregoing information shall also be posted in its website and bulletin
17 
boards, and shall be regularly updated;
18 
c. In no case shall the absence of the aforementioned Manual be a reason for the
19 
denial of any request for information made in accordance with this Act;
20 
d. The heads of each of the departments and agencies may designate liaison units
21 
or Committees who shall coordinate with the other units of the agency in
22 
implementing this Act. The composition, functions and duties of these liaison
23 
units or Committees shall be included in the Freedom of information Manual.
24 
Sec. 12. Procedure of Access. -
25 
a. Any person who wishes to obtain information shall submit, free of charge, a
26 
request to the government agency concerned personally, by mail, or through
27 
electronic means. A person who is unable, because of illiteracy or due to being
28 
a person with disability, to make a written request for information may make
29 
an oral request, and the public official who receives the oral request shall
30 
reduce it to writing, and include his name and position within the government
31 
agency, and give a copy thereof to the person who made the request. The
32 
request shall state the name and preferred contact information of the


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
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 ground to deny 
the request or to refuse the acceptance of the request, unless such reason is 
contrary to law. If the request is submitted personally, the requesting party 
shall show his current identification card 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 determined by the agency.
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.
c. 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.
d. A government agency may communicate the information requested in a form 
other than the preferred means whenever the agency has no capability in 
communicating the information in the preferred format or such preferred means 
would unreasonably interfere with the effective operation of the agency or be 
detrimental to the preservation of the record.
e. The government agency shall comply with such 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.
10


1 
f. The government agency shall, in writing or through electronic means, notify
2 
the person making the request of the extension, setting forth the reasons for
3 
such extension and the date when the information shall be made available,
4 
which in no case shall result in an extension of more than fifteen (15) working
5 
days.
6 
g. Once a decision is made to grant the request, the person making the request
7 
shall be notified of such and pay the required access and processing fees.
8 
Sec. 13. Access and Processing Fees. - Government agencies may charge a
9 
reasonable fee to reimburse the actual cost of reproduction, copying or transcription
10 
and the communication of the information requested.
11 
Sec. 14. Notice of Deniai - If the government agency decides to deny the
12 
request, in whole or in part, it shall, as soon as practicable, and in any case within
13 
fifteen (15) calendar days from the receipt of the request, notify the person making
14 
the request of such denial in writing or through electronic means. The notice shall
15 
clearly set forth the ground or grounds for denial and the circumstances on which the
16 
denial is based, and indicate available rights of reconsideration or appeal. Failure to
17 
notify the person making the request of the denial, or of the extension, shall be
18 
deemed a denial of the request for access to information.
19 
Sec. 15. Remedies in Cases of Denial of Request for Information. -
20 
a. In all government agencies other than the judicial branch -
21 
1. Every denial of any request for access to information may be appealed
22 
to the person or office next higher in authority of the same agency,
23 
following the procedure mentioned in Section 11 (a) (8) of this Act:
24 
Provided, That the written appeal must be filed by the same person
25 
making the request within fifteen (15) calendar days from the notice of
26 
denial. The appeal shall be decided by the person or office next higher
27 
in authority of the same agency within five (5) working days from filing
28 
of said written appeal. Failure of the government agency to decide within
29 
the aforestated period shall constitute denial of the appeal;
30 
2. Upon denial of the appeal with the government agency, the requesting
31 
party may file a verified petition for mandamus in the proper court,
32 
alleging the facts with certainty and praying that judgment be rendered
11


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
ordering the respondent, immediately or at some other time to be 
specified by the court, to disclose the requested information. Any action 
for administrative and/or criminal liability arising from the same act or 
omission, if any, shall be filed with the Office of the Ombudsman. No 
damages shall be assessed against the respondent unless it is proven 
that the respondent acted with malice, bad faith or negligence. The 
procedure for such a petition shall be summary in nature. The court 
hearing the case 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 legal basis of such claim, 
when such sufficiency cannot be reasonably determined through 
evidence and circumstances apart from the information.
3. Instead of appealing or after the denial of the appeal, the 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. 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. 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 executor, without prejudice to review in accordance 
with the Rules of Court.
4. Instead of filing complaint with the Office of the Ombudsman, whenever 
a request for information is denied originally or on administrative appeal, 
the requesting party 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
12


1 
damages sustained by the requesting party by reason of denial. The
2 
procedure for such a petition shail be summary in nature.
3 
5. In resolving a complaint or petition brought under the preceding
4 
paragraphs (2) and (3), the Ombudsman or the court is empowered to
5 
receive the information subject of a claim of exception under Section 6
6 
herein and examine them in camera to determine the sufficiency of the
7 
factual and legal basis of such claim, when such sufficiency cannot be
8 
reasonabiy determined through evidence and circumstances apart from
9 
the information.
10 
b. In the Judicial Branch, the Supreme Court shall promulgate the remedies that
11 
would govern offices under its jurisdiction.
12 
c. The remedies provided in this Section are without prejudice to any other
13 
administrative, civil or criminal action covering the same act.
14 
d. The remedies available under this Act shall be cumulative and subject to the
15 
ruie of exhaustion of administrative remedies.
16 
e. The provisions of Repubiic Act No. 9285, otherwise known as the Aiternative
17 
Dispute Resolution Act of 2004, shall not apply to cases filed pursuant to this
18 
section.
19 
f. In case the requesting party has limited or no financial capacity, the Public
20 
Attorney's Office shali be mandated to provide legal assistance to the requester
21 
in availing of the remedies provided under this Act.
22 
Sec. 16. Capacity-Building, Promotion of Best Practices and Continuous
23 
Updating of Appropriate Information Technology and FOI. - All government agencies
24 
must ensure that they have a compliant website within two (2) years from the date of
25 
effectivity of this Act. The DICT shali monitor ali government agency websites and
26 
render the appropriate support including capacity-building program and coordination
27 
with another appropriate agency, utiiizing alternative mechanisms and seeking the
28 
assistance of private relevant and willing volunteer groups to ensure full compliance
29 
with the requirements of this Act.
30 
The DICT shall be responsible for setting the standards for file formats to be
31 
used by the political subdivisions of the State. All national and local government
13


1 
agencies including GOCCs with or without original charter in the publication of
2 
government public information in accordance with the provision of this Act.
3 
Sec. 17. Administrative Liabiiity. - The acts enumerated in this Section shall be
4 
tantamount to grave administrative offenses and shall constitute grounds for
5 
administrative and disciplinary sanction against any public official or employee who
6 
willfully and knowingly commits the following:
7 
a. Refusal to promptly forward the request under Section 12 of this Act to the
8 
public officer within the same office or agency responsible for officially acting
9 
on the request when such is the direct cause of the failure to disclose the
10 
information within the periods required by this Act;
11 
b. Failure to act on the requests within periods required by this Act;
12 
c. Refusal to comply with the decision of his immediate supervisor, the
13 
Ombudsman, or of any court ordering the release;
14 
d. Approval of policies, rules and regulations clearly contrary to the provisions of
15 
this Act, and which policies, rules and regulations are the direct cause of the
16 
denial of a request for information.
17 
Sec. 18. Criminal Liability. - The penalty of imprisonment of less than one (1)
18 
month but not more than six (6) months and a fine ranging from Ten Thousand Pesos
19 
(P10,000.00) to One Hundred Thousand Pesos (P100,000.00) shall be imposed upon:
20 
a. Any public official or employee who falsely denies or conceals the existence of
21 
information that is a proper subject for disclosure under this Act;
22 
b. Any public official or employee who destroys, or causes to be destroyed,
23 
information and/or documents being requested under this Act, for the purpose
24 
of frustrating the requesting party's access thereto;
25 
c. Any individual who knowingly induced or caused the commission of the
26 
foregoing acts shall be liable as principal by inducement in the prosecution of
27 
public officials or employees under this Section;
28 
d. Any public officer or employee responsible for officially acting on the request,
29 
who shall claim an exception under Section 7 of this Act, or under the
30 
Constitution, when such claim is manifestly devoid of factual basis;
31 
e. Any public officer or employee who divulged or released information covered
32 
under Section 7 of this Act.
14


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
f. Any public officer or employee who divulged or released information that is 
altered, tampered or modified to the extent that the released information 
materially differs from the original contents of the document: Provided, that 
altering or modifying a document for the purpose of severing an exempt 
information from non-exempt information in a single document shall not be 
punishable under this subsection.
If the violation committed in this Act is induced and assisted by a private 
individual or a corporation, partnership or any kind of judicial entity, the penalty 
provided herein shall be imposed on its executive officer and/or other officials 
responsible therefor: Provided, that they shall suffer, in addition to the penalties 
provided herein, the automatic revocation of their license to operate.
Sec. 19. 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, civil or criminal liability.
Sec. 20. 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. 21. Reports on FOL - All government agencies shall be required to submit 
annual reports on the number of requests for information received and processed, of 
appeals made from the denial thereof, and such other information as provided in this 
Act. The said report may be integrated in the agencies' main Annual Report and its 
posting and publication in their respective websites shall be considered as sufficient 
compliance.
Sec. 22. Appropriations. - The amount necessary to carry out the provisions of 
this Act shall be charged against the agencies' current budget. Thereafter, such sums 
as may be necessary for its continued implementation shall be included in the annual 
General Appropriations Act.
Sec. 23. Separability Clause. - If any portion of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in full force and effect.
15


1
2
3
4
5
6
7
8
Sec. 24. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, rule or regulation inconsistent with the provisions of this 
Act is hereby repealed or modified accordingly.
Sec. 25. Effectivity. - This Act shall take effect after fifteen (15) days following 
its complete publication in the Official Gazette or a newspaper of general circulation.
Approved,
16