Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon Ctiy

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 19

Introduced by: HON. RACHEL MARGUERITE B. DEL MAR

EXPLANATORY NOTE

This bill seeks to put in place the enabling law necessary to implement the
Constitutional provision: “The right of the people to information on matters of public
concerns shall be recognized. Access to official records, and to documents, and papers
pertaining to official acts, transactions, or decisions, as well as government research data
used as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.: (Article II, Section 7).

Provisions include a clear mandate for promoting a clear transparency and
accountability in government; a convenient procedure to facilitate access to information;
remedies available for denial of access; administrative, civil and criminal penalties for
violation thereof, among others. Access to public records means access to evidence vital to
proving public officials accountable for wrongdoing. But more than that, it serves as a great
deterrent to wrongdoing.

This same measure was already approved on third and final reading by both this
House and the Senate and further approved by the Bicameral Conference Committee
constituted by both chambers to harmonize their both version in the last 14 Congress.
Unfortunately however, while the subject Conference Committee Report was ratified by the
Senate, the same could not be ratified by this House due to lack of quorum of the last
session day of the 14% Congress. Hence, refiling of this bill with the earnest hope that
approval of the same be given the highest priority it deserves.

PL fio

RACHEL MARGUE} E B. DELMAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. {O06

Introduced by: HON. RACHEL MARGUERITE B. DEL MAR

AN ACT
IMPLEMENTING THE RIGHT OF ACCESS TO INFORMATION ON MATTERS
OF PUBLIC CONCERN GUARANTEED UNDER SECTION TWENTY-EIGHT,
ARTICLE II AND SECTION SEVEN, ARTICLE III] OF THE 1987 CONSTITUTION
AND FOR OTHER PUPROSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Title. - This Act shall be known as the “Freedom of Information Act of
2010”.

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 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 as defined in
Section 4 of this Act.

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

(a) “Information” shall mean any knowledge, 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 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) “Government agency” shall include the executive, legislative and judicial
branches as well as the constitutional bodies of the Republic of the Philippines, including,
but not limited to, the national government and all its agencies, departments, bureaus,
offices and instrumentalities, constitutional commissions and constitutionally mandated
bodies, local governments and all their agencies, regulatory agencies, chartered institutions,
government-owned or-controlled corporations, 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.

(c) “Official records” shall refer to information produced or received 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.

(d) “Public records” shall include information required by law to be entered, kept
and made publicly available by a government agency such as, but not limited to, the:

(1) Office of the Civil Registry;

(2) National Statistics Office;

(3) Register of Deeds;

(4) Land Transportation Office;

(5) Land Transportation Franchising and Regulatory Board;

(6) Securities and Exchange Commission;

(7) Intellectual Property Office; or

(8) Business Permits and Licenses Offices and Assessor's Office of the various local
government units.

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

by 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 basis for policy development, regardless of their physical form or
format in which they are contained and by whom they were made.

SEC. 7. Qualifications. - Even if the information falls under the exceptions set forth
in the succeeding section, access to information shall not be denied if:

(a) The information may be reasonably severed from the body of the information
which would be subject to the exceptions; or

(b) The public interest in the disclosure outweighs the harm to the interest sought to
be protected by the exceptions.

SEC. 8. Exceptions. - Subject to the qualifications set forth in Section 7: Provided,
‘That the information is specifically designated and described, and the facts and reasons for
preserving the confidentiality are precisely and specifically recited, and: Provided, further,
‘That such information shall be available to either House of Congress at all times, access to
information may be denied when:

(a) The revelation of the information will create a clear and present danger of war,
invasion or any external threat to the State as determined by the Office of the President and/
or the Secretary of the Department of National Defense: Provided, That the Supreme Court
may, upon complaint by any citizen, inquire into the sufficiency of the factual basis for such
determination;

(b) The information pertains to the foreign affairs of the Republic of the Philippines,
when its revelation would unduly weaken the negotiating position of the government in an
ongoing bilateral or multilateral negotiation or seriously jeopardize the diplomatic relations
of the Philippines with one or more states with which it intended to keep friendly relations,
except that such information must always be accessible to either House of Congress;

(c) The information pertains to internal and external defense and law enforcement,
when the revelation thereof would render a legitimate military operation ineffective, unduly
compromise the prevention, detection or suppression of a criminal activity, or endanger the
life or physical safety of confidential or protected sources or witnesses, law enforcement
and military personnel or their immediate families. Information relating to the details of the

administration, budget and expenditure, and management of the defense and law


enforcement agencies shall always be accessible to the public;

(d) The information pertains to the personal information of a third party natural
person, unless it forms part of a public record, or the third party is or was an official of a
government agency and the information relates to his or her public function;

(©) The information pertains to trade, industrial, financial or commercial secrets of a
third party natural or juridical person, obtained in confidence by a government agency
whenever the revelation thereof would seriously prejudice the interests of the third party in
trade, industrial, financial or commercial competition, unless the third party has consented
to the disclosure of the information;

(f) The information is privileged from production in legal proceedings by laws or by
the Rules of Court, unless the person entitled to the privilege has waived it;

(g) The information is exempted by statutes of Congress, in addition to those
provided in this section;

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

(i) Drafts of decisions of any executive, administrative, judicial or quasi-judicial body
in the exercise of their adjudicatory functions are being requested.

SEC. 9. 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.

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

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

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

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


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

(5) 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

(6) 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:

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

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

(3) 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

(4) 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 fifteen (15) calendar days.

SEC. 10. Access Fees. - Government agencies may charge a reasonable fee to
reimburse the cost of searching, reproduction, copying or transcription and the
communication of the information requested.

SEC. 11. Notice of Denial. - If the government agency decided 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 the denial. In case the denial is by reason of a claimed
exception, the denial shall 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 of the denial,
or of the extension, shall be deemed a denial of the request for access to information.

SEC. 12. Remedies in Cases of Denial. - (a) In the executive an legislative branches
and the 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 Section 17 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 days from filing. Failure of the government agency to decide within the
aforestated period shall constitute a denial of the appeal; and

(2) Instead of appealing or after the denial of the appeal, the person denied access to
information 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 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.

(b) in the Judicial Branch — The Supreme Court shall promulgate the remedies that.
would govern offices under its jurisdiction.

(c) 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 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.

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

(f) Unless restrained or enjoined, the decisions of the Office of the Ombudsman shall


be immediately executory, without prejudice to review in accordance with the Rules of
Court.

(g) In case the requester has limited or no financial capacity, the Public Attorney's
Office shall be mandated to provide legal assistance to the requester in availing the
remedies provided under this Act.

SEC. 13. Mandatory Disclosure of Transactions Involving Public Interest. ~
Subject to Sections 7 and 8 of this Act, all government agencies shall post on their bulletin

ions and key government positions

boards and upload on their websites all the steps, negoti
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:

(a) Compromise agreements entered into by a government agency with any person or

entity involving any waiver or its rights or claims;

(b) Private sector participation agreements or contracts in infrastructure and
development projects under Republic Act No 6957, as amended by Republic Act No. 7718,
authorizing the financing, construction, operation and maintenance of infrastructure
projects;

(c) Procurement contracts entered into by a government agency;

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

(c) Loans, grants, development assistance, technical assistance and programs entered
into by a government agency with official bilateral or multilateral agencies, as well as with
private aid agencies or institutions;

(f) Loans from domestic and foreign financial institutions;

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

(h) Public funding extended to any private entity;

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

(j) License, permits or agreements given by any government agency to any person or
entity for the extraction and/or utilization of natural resources.

SEC. 14, 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:

(1) 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 may be availed of;

(3) 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;

(6) 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

(8) A guide on accessing information containing adequate information about its
record-keeping system, the types of information it holds and/or publishes, the procedure for
obtaining access by the public to such information, the person or office responsible for
receiving 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
capacity to store, manage and retrieve records, and to facilitate access to public records.
The following shall not be destroyed:

(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 of best practices in relation to information
disclosure, records maintenance and archiving.

SEC. 15. Criminal Liability, - The penalty of imprisonment of not less than six (6)
months but not more than one (1) year, with the accessory penalty of suspension from office
for the same duration, shall be imposed upon:

(a) Any public officer or employee receiving the request under Section 9 of this Act
who shall knowingly refuse or, because of gross negligence, fail to promptly forward the
request to the public officer 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) Any public officer or employee responsible for officially acting on the request ,
who shall:

(1) Knowingly refuse or, because of gross negligence, fail to act on the request within
the period required by this Act;

(2) Knowingly deny the existence of existing information;

(3) Deliberately destroy information being requested for the purpose of frustrating the
requester’s access thereto;

(4) Claim an exception under Section 8 of this Act, when the claim is manifestly
devoid of factual basis; or

(5) Refuse to comply with the decision of his immediate supervisor, the Ombudsman
or the court ordering the release of information that is not restrained or enjoined by a court;

(c) The head of office of the government agency directly and principally responsible
for the negotiation and perfection of any of the transactions enumerated in Section 13 of this
Act, who shall knowingly refuse or, because of negligence, fails to direct the mandatory
posting or uploading of such transaction. The same penalty shall be imposed upon the
public officer or employee who, despite a directive from the head of office, shall knowingly
refuse or, because of negligence, fails to post or upload any of the transactions enumerated
in Section 14 of this Act;

(d) Any public officer or employee who shall destroy, or cause to destroy, records of


information covered by Section 14 (b) of this Act;

(©) Any public officer who intentionally formulates 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; or

(£ Any public or private individual who knowingly induced or cause the commission
of the foregoing acts under this section.

SEC. 16. Strict Civil Liability. - In case a request for information is denied and
subsequently reversed by final and executory judgment of the Ombudsman or the courts, the
government agency shall be liable to pay the requester damages in the amount of One
thousand pesos (P1,000.00) per day from the date of notice of denial until the date of
compliance with the request, which amount shall be automatically appropriated. The public
officer or employee and the private individual responsible for the denial shall be solidarily
liable with the government agency, unless he can prove that such denial was made without
fault or negligence, or was not done arbitrarily or in manifest bad faith. The liability under
this section shall be without prejudice to actual, moral and exemplary damages that may be
adjudicated under the law.

SEC. 17. Guidelines. - (a) For the full implementation of this Act within the
executive branch of the government, the Office of the Press Secretary, particularly the
Philippine Information Agency, shall, through a consultative process, promulgate within six
(6) months from the passage of this Act, the general guidelines to which the government
agencies controlled, supervised or situated under the Office of the President, and shall
adhere in the establishment of their specific guidelines for access to information, which
shall include:

(1) The location of the head, regional, provincial or field offices, or other established
places where the public can obtain information or submit requests therefor;

(2) The types of information it holds and/or publishes;

(3) The person or office responsible for receiving the request and for routing it to the
person or office with the duty to act on the request, and the standard forms and procedures
for the request;

(4) The procedure for the administrative appeal of any denial for access to
information; and

(5) The schedule of fees which shall be limited to the reasonable and standard


charges for document search and reproduction, and the recovery of the direct costs thereof.

Each of the abovementioned government agency, office and instrumentality shall
submit to the Philippine Information Agency a copy of its guidelines for review to ensure
the standardization of the procedure and the uniformity of fees, without prejudice to the
right of the different agencies, offices and instrumentalities to adopt appropriate procedures

ities.

for their unique functions and responsil

(b) The legislative and judicial branches and the constitutional bodies shall
promulgate their own guidelines that would govern offices under their respective
jurisdictions. The Secretary of the Senate, the House of Representatives! Secretary General,
the head of the Supreme Court Public Information Office and the public information officers
of the constitutional bodies shall be responsible in furnishing copies of their respective
guidelines to the Philippine Information Agency.

(c) The Office of the Ombudsman shall likewise promulgate its special rules of
procedure for the immediate disposition of complaints filed pursuant to Section 12 of this
Act.

In no case shall the absence of the aforementioned guidelines be a reason for the
denial of any request for information made in accordance with this Act.

SEC. 18. 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. 19. Separability Clause. - If, for any reason, any section or provision of this
Act is held unconstitutional or invalid, no other section or provision shall be affected.

SEC. 20. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, issuances or any part thereof inconsistent with the provisions of this Act,
including 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.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspaper of general circulation.

Approved,