People's Freedom of Information Act

CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session SENATE S. No. 1432 PREPARED AND SUBMITTED JOINTLY BY THE COMMITTEES ON PUBLIC INFORMATION AND MASS MEDIA; CIVIL SERVICE, GOVERNMENT REORGANIZATION AND PROFESSIONAL REGULATION; AND FINANCE WITH SENATORS VILLANUEVA. SOTTO, PANGILINAN, EJERCITO, ESTRADA, TULFO (E.), PADILLA, AND TULFO (R.) AS AUTHORS THEREOF AN ACT IMPLEMENTING THE PEOPLE'S RIGHT TO INFORMATION AND THE CONSTITUTIONAL POLICIES OF FULL PUBLIC DISCLOSURE AND HONESTY IN THE PUBLIC SERVICE AND FOR OTHER PURPOSES 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

2 the "People's Freedom of Information Act"

SEC. 2. Declaration of Policy. - The State shall :

4 recognize the right of the people to information on matters 5 of public concern and shall adopt and implement a policy of 6 full public disclosure of all transactions involving public

1 interest, subject to the procedures and limitations provided 2 by this Act. It shall likewise promote meaningful and 3 increased people's participation in government decision- 4 making and public accountability. To these ends, public 5 officials and employees, in the performance of their duties, 6 and citizens, in the exercise of their rights under this Act, 7 shall handle kept or obtained information fairly, lawfully, 8 and with due regard for the full protection of individuals' 9 right to privacy.

SEC. 3. Definition of Terms. - As used in this Act:

(a) Information refers to any public and/or official record, document, paper, report, letter, contract, minutes or transcript of official meetings, map, book, photograph, data, research material, film, audio and video recording, magnetic or other tape, electronic, computer-stored, or similar data or material of public concern, whether 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,

1 executive order, rule, regulation, ordinance, or in 2 connection with the performance or transaction of official 3 business by any government agency; (b) Official record refers to information in final form 5 produced or received by a public officer, employee, or a 6 government agency in an official capacity or pursuant to a 7 public function or duty; (e) Personal Data refers to personal information, 9 sensitive personal information, or privileged information. 10 It includes information on an identified or identifiable living individual. Different pieces of information that, 12 taken together, can lead to the identification of a particular 13 person also constitute personal data; (d) Personal information refers to that from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when taken together with other information, would directly and certainly identify an individual:

(e) Privileged Information refers to any and all forms 2 of data which constitute privileged communication under 3 the Rules of Court and other pertinent laws; (f) Public records refer to information required by 5 laws, executive orders, rules, or regulations to be entered, 6 kept, and made publicly available by a government agency 7 or office; (g) Public service contractor refers to a private entity 9 dealing, contracting, or transacting in whatever form or 10 kind with the government or a government agency or office that utilizes public funds; (h) Sensitive personal information refers to personal 13 information on: (1) an individual's race, ethnic origin, marital status, age, color, and religious, philosophical, or political affiliations; (2) an individual's health, education, genetic, or sexual life;

(3) any proceeding for an offense allegedly or actually committed by an individual, including the disposal 3 of, or the court's sentence in such proceedings; (4) government issuances peculiar to an individual 5 including social security numbers, previous or current 6 health records, licenses or their denial, suspension or 7 revocation, and tax returns or data submitted by 8 individuals to government agencies such as previous or 9 current health records; and (5) matters classified under an executive order or an act of Congress.

SEC. 4. Coverage. - This Act shall apply to all

13 executive, legislative, and judicial offices, constitutional 14 bodies, local government units (LGUs), state universities and colleges (SUCs), government-owned or-controlled corporations (GOCCs). and other government 17 instrumentalities, subject to limitations under existing 18 laws. This Act shall cover government-to-government communications, particularly those involving sharing and

1 processing of data and information between and among 2 government agencies for policy, planning, and decision- 3 making purposes, and other government operations within, 4 between, and across agencies,.

SEC. 5. Access to Information. - Every Filipino citizen

6 has a right, upon request, to be given access to any 7 information of public concern under the control of a 8 government agency regardless of the physical form in 9 which they are contained, subject only to the exceptions 10 enumerated in Section 7 of this Act.

SEC. 6. Presumption. - There shall be a legal

presumption in favor of access to information. No request for information shall be denied unless it clearly falls under 14 the exceptions provided under this Act. Accordingly, government agencies shall have the burden of proof to 16 show, by clear and convincing evidence. that the 17 information requested is exempt from the disclosure under 18 this Act.

SEC. 7. Exceptions. - Access to information shall be

granted unless: (a) The information is designated as confidential 4 under guidelines established by an executive order, and 5 properly classified pursuant thereto: Provided, That: (1) The information directly relates to national 7 security or defense and its disclosure may compromise the 8 national security or internal and external defense of the 9 State; or (2) The information requested pertains to the foreign affairs of the Republic of the Philippines, the disclosure of which would unduly weaken the negotiating position of the government in an ongoing bilateral or multilateral 14 negotiation, seriously jeopardize diplomatic relations, or prejudice international trust and confidence in the Republic of the Philippines by the government of any other country or any international organization: Provided, That sufficient information is disclosed to afford reasonable public participation in government decision-making on

1 bilateral and multilateral agreements: Provided, further, 2 That the head of the department or ageney having custody 3 or possession of such information shall keep all classified 4 information in his or her custody under constant review 5 and may direct declassification as needed. Declassification 6 of information shall be subject to the approval of the 7 President; (b) The information consists of minutes or records of advice given, or opinions expressed, during decision- making or policy formulation including exchanges when the Chief Executive was not present, if invoked by the 12 Chief Executive as part of presidential communications privilege, when disclosure would significantly undermine the free and frank provision of advice or exchange of views: Provided. That an executive order shall be issued specifying a reasonable period after which privileged information under this paragraph shall be made accessible to the public;

(e) The information requested pertains to internal 2 and/or external defense, law enforcement, and border 3 control, when its disclosure may: (1) compromise or interfere with any legitimate 5 military or law enforcement operation; (2) compromise or interfere with the legitimate 7 prevention, detection, or suppression of criminal activity, 8 or the legitimate implementation of immigration controls 9 and border security; (3) lead to the disclosure of the identity of a confidential source, including a government, foreign agency or authority, or private institution furnishing information 13 in confidence; and in the case of a record or information 14 compiled by a law enforcement authority in the course of investigation or by an agency conducting a lawful national security intelligence investigation, any information 17 furnished by a confidential source; (4) disclose legitimate techniques, procedures, and 19 guidelines for law enforcement investigations or

prosecutions, if such disclosure could reasonably be 2 expected to risk circumvention of the law; (5) endanger the life or physical safety of any 4 individual; or (6) deprive a person of the right to a fair trial and impartial adjudication; (d) The information requested pertains to the assistance of the government to Overseas Filipino 9 Workers, including records on criminal and family cases; and information that could compromise or weaken their position in any legal proceeding; (e) The information requested involves records of foreign diplomats on diplomatic and consular missions, their arrival and departure, and other information that could compromise their safety. or are considered confidential by the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations:

(f) The information requested is exempt under a treaty or bilateral agreement to which the Philippines is a 3 party; (g) The information requested consists of drafts of 5 orders, resolutions, decisions, memoranda, or audit reports 6 by any executive, administrative, regulatory. 7 constitutional, judicial, or quasi-judicial body in the 8 exercise of their regulatory, audit, and adjudicatory 9 functions, the disclosure of which would prejudice the impartiality of verdicts or otherwise obstruct the administration of justice; (h) The information requested was obtained by either House of Congress or any of its committees in executive 14 session; (i) The information requested pertains to trade secrets and commercial or financial information obtained from a natural or juridical person other than the requesting party, obtained in confidence or covered by privileged communication, and/or filed with a government

1 agency, whenever the disclosure thereof would prejudice 2 the interests of such natural or juridical person in trade, 3 industrial, financial, or commercial competition; () The information is required to be kept confidential 5 by law or consists of privileged information, unless the 6 person entitled to the privilege has waived it; (k) The information requested is exempted from 8 disclosure by the Constitution or by law; (l) The information is of a nature that its premature 10 disclosure would: (1) in the case of an agency that regulates or deals with currencies, interest rates, securities, commodities, or 13 financial institutions, likely lead to speculations in currencies, interest rates, securities, or commodities market: or (2) in the case of other agencies, likely frustrate the effective implementation of a proposed official action: Provided, That the information shall be disclosed once the above-mentioned dangers have ceased;

(m) The information has already been made accessible as provided in Sections 8(a), 9, 11, and 14 of this 3 Act; and (n) The information requested pertains to the ongoing 5 evaluation or review of bids or proposals undertaken by the 6 bidding or review committee prior to an official recommendation by the government. For paragraphs (c) to (n) of this section, the 9 determination of whether any of these grounds apply shall 10 be the responsibility of the head of the government agency in custody or control of the information, or any responsible central or field officer/s duly designated: Provided, That: (1) The exceptions are strictly construed; (2) The exceptions are not used to cover up legitimate investigations being conducted by law enforcement agencies or the legislature involving the commission of a crime, or any unlawful activity where such information is material or relevant to the allegations or issues:

] (3) The President, the Supreme Court, the Senate, 2 the House of Representatives, and the Constitutional 3 Commissions may, with a majority vote of the body in 4 accordance with their own rules of procedure, when 5 applicable, waive an exception with respect to information 6 in the custody of offices under their respective supervision 7 or control, when they deem that there is an overriding 8 public interest in disclosure: (4) The exceptions do not constitute authority to 10 withhold information from, or limit the availability of records to, Congress or any of its committees: (5) The exceptions do not constitute an authority of the executive of an LGU to withhold information from its legislative body; (6) Whenever the information requested is from a record partially covered by an exception, but may be reasonably severed from the same, the responding official shall communicate to the requesting party the information not covered by the exception: and

(7) The exceptions set forth in this section shall not apply if the requesting party is able to prove before a court 3 of competent jurisdiction that the public interest in the 4 disclosure of information outweighs the public interest in 5 keeping the information secret or confidential: All exempted information under this section shall be 7 reviewed every three (3) years by the head of office or 8 agency in custody or control of the information for 9 reclassification and possible disclosure: Provided, That 10 such information to be disclosed by an agency under the executive branch shall be subject to the approval of the 12 President.

SEC. 8. Mandatory Disclosure of Information. -

(a) In fulfillment of Article XI, Section 17 of the Constitution, the following national officials shall disclose their Statement of Assets, Liabilities, and Net Worth (SALN) to the public on an annual basis in the official agency website: (1) President;

(2) Vice-President; (3) Members of the Cabinet; (4) Members of Congress; (5) Justices of the Supreme Court; (6) Members of Constitutional Commissions and other constitutional bodies; and (7) Officers of the Armed Forces with general or flag 8 rank: 9 Provided, That the following sensitive personal 10 information contained in the SALN shall be redacted to protect the dignity, safety, and security of the public 12 officer: (i) Home address of the declarant; (ii) Details of any unmarried children below eighteen (18) years of age living in the declarant's household, if any. particularly their names, dates of birth, and ages; (iii) Signatures of the declarant and co-declarant; and

(iv) Government-issued identification numbers of the 2 declarant and co-declarant: 3 Provided, further, That all SALNs for previous years shall 4 be archived and kept available. (b) All agencies of government shall upload in a 6 dedicated transparency portal or online dashboard on their websites, which shall be updated monthly, a register of the following public interest transactions, documents, or records: (1) Annual budget; (2) Itemized monthly collections and disbursements; (3) Summary of income and expenditures; (4) Components of the internal revenue allotment (IRA) utilization; (5) Annual Procurement Plan and procurement list; (6) An updated plantilla of existing and vacant positions with qualifications/requirements in their organizations that need to be filled up:

(7) Items for bidding; (8) Bid Results on Civil Works and Goods and 3 Services; (9) Abstract of Bids as calculated; (10) Procurement contracts entered into by a 6 government agency with corresponding income tax returns, 7 if applicable, of the person or entity awarded with the contract: (11) Construction or concession agreements or contracts entered into by a government agency with any domestic or foreign person or entity; (12) Private sector participation agreements or 13 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: (13) Public funding extended to any private entity;

(14) Bilateral or multilateral agreements and treaties 2 in trade, economic partnership, investments, cooperation, 3 and similar binding commitments; (15) Licenses, permits, or agreements granted by a 5 government agency to any person or entity for the 6 extraction and/or utilization of natural resources and a list 7 of the grantees; (16) Guarantees given by any government agency to GOCCs and private corporations, persons, or entities; (17) Loans from domestic and foreign financial institutions: (18) Loans, grants, development assistance, technical assistance, and programs entered into by a government agency with official bilateral or multilateral agencies and private aid agencies or institutions; and (19) Compromise agreements entered into by a government agency with any person or entity. The register shall contain a brief description of the transaction involved including, but not limited to. the

1 nature and object of the transaction, the parties and 2 amounts involved, the key steps undertaken towards its 3 conclusion, and the relevant dates: Provided, That 4 contracts and agreements involving an amount of at least 5 Fifty million pesos (P50,000,000) shall be fully uploaded to 6 the concerned government agency's website or the Official 7 Gazette online. A covered record shall be enrolled in the 8 register not later than thirty (30) working days from its 9 perfection or issuance.

SEC. 9. Openness and Transparency in Government

Agencies. - Consistent with the provisions of Republic Act 12 No. 9485 or the "Anti-Red Tape Act of 2007", each 13 government agency shall, upon the request of any citizen, 14 make available through its website key information in a timely, true, accurate, and updated manner, at no cost and in an accessible form, including but not limited to: (a) A description of its mandate, structure, powers, functions, duties, and decision-making processes;

(b) A description of its frontline services and the 2 procedure and length of time by which they may be availed 3 of; (c) The names and profiles of its key officials, their 5 powers, functions, and responsibilities; (d) Audited financial statements, and budget and expenditure records; (e) SALN of heads of offices, and public officials with Salary Grade 27 and above; (f) Monthly income, including allowances and sources of income of heads of offices, and public officials with Salary Grade 27 and above: (g) Work programs, development plans, investment plans, projects, performance targets and accomplishments, 15 budgets, revenue allotments, and expenditures; (h) Important rules and regulations, orders, or decisions: Provided, That they are published within fifteen (15) calendar days from promulgation;

(i) Rules of procedure, descriptions of available forms or the places where forms may be obtained, and 3 instructions on the scope and contents of all papers, 4 reports, or examinations; () Substantive rules and interpretations of general 6 applicability, and statements of general policy formulated and adopted by the agency, including subsequent amendments; (k) Current and important database and statistics generated; (l) Bidding processes, deadlines, and requirements; (m) Mechanisms or procedures by which the public may participate in or otherwise influence the formulation of policy or the exercise of the agency's powers; and (n) Any disclaimer declaring true and correct information relative to a matter of public concern that has been the subject of untruthful or inaccurate publication in media.

All government agencies shall build the capacity and 2 practice to fully upload in the transparency portal or online 3 dashboard on the agency's website, all other contracts, 4 agreements, or treaties covered under this section that are 5 of the highest public interest by reason of the amounts 6 involved and the impact of the transaction to the public.

SEC. 10. Protection of Privacy. - While providing for

access to information in public records, this Act also affords 9 full protection of the right to privacy of individuals, as 10 follows: (a) Disclosure of public records involving personal 12 data shall be guided by the principle of transparency, legitimate purpose, and proportionality; (b) A government agency must ensure that personal and sensitive information in its custody or under its control 16 is disclosed only as permitted under this Act; (c) A government agency must protect personal data 18 in its custody or control in accordance with the provisions of Republic Act No. 10173 or the "Data Privacy Act of

2012", its implementing rules and regulations, and issuances by the National Privacy Commission (NPC); and (d) An employee, officer, or official of a government agency who has authorized or unauthorized access to personal and sensitive information in the custody of the 6 agency must not disclose that information except as 7 authorized under this Act.

SEC. 11. Freedom of Information Manual. - Within

9 three (3) months from the effectivity of this Act and to ensure its effective implementation, all government agencies shall adopt a Freedom of Information (FOl) 12 Manual indicating the following: (a) The location and contact information of the head, regional, provincial, and field offices, and other established places where the public can obtain government information or submit requests; (b) The types of information it generates, produces, holds, and/or publishes; (c) A description of its record-keeping system;

(d) The person or office responsible for receiving 2 requests for information; (e) The procedure for the filing of requests personally, 4 by mail, or through the identified electronic means: (f) The standard forms for the submission and the 6 proper acknowledgment of the request; (g) The process for the disposition of the request, including its routing to the person or office with the duty to 9 act on the request, the decision-making process, and the grant or denial of access and its implementation; (h) The procedure for the administrative appeal of 12 any denial of access to information: (i) The schedule of fees; () The process and procedure for the mandatory disclosure of information under Section 8 of this Act: Provided, That should the agency lack the capacity to fully comply therewith, it shall provide a brief description of its plan to facilitate compliance within three (3) years from the approval of this Act; and

(k) Such other information, taking into consideration 2 the unique characteristics of an agency, that will help 3 facilitate the effective implementation of this Act. 4 The foregoing information shall also be posted in the 5 transparency portal or online dashboard on the agency's 6 website and shall be regularly updated. In no case shall the absence of the aforementioned manual be a reason for the denial of any request for 9 information made in accordance with this Act. The heads of departments and agencies may designate liaison units or committees that shall coordinate with other units of the agency in implementing this Act. The composition, functions, and duties of these liaison units or committees shall be included in the FOI Manual.

SEC. 12. Procedure of Access. -

(a) Any person who wishes to obtain information shall submit a request, free of charge, to the government agency concerned personally, by mail, or through electronic means. A person who is unable to make a written request

for information, due to illiteracy or disability, may instead 2 make an oral request. The public official receiving such a 3 request shall reduce it to writing, indicate his or her name 4 and position within the government agency, and give a 5 copy thereof to the requesting party. The request shall 6 state the name and preferred contact information of the 7 requesting party, the description of the information 8 required, the reason for the request, 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 its acceptance unless such reason is contrary to law. If the request is submitted personally, the requesting party shall show a current identification card issued by any government agency, government or private 16 employer or school, or a community tax certificate. If the 17 request is submitted by mail or through electronic means. 18 the requesting party may submit a photostatic or electronically scanned copy of verifiable identification, or 20 other convenient means as determined by the agency:

(b) The public official receiving the request shall 2 provide reasonable assistance, free of charge, to enable all requesting parties, particularly those with special needs, to 4 comply with the request requirements under this section; (e) The government agency shall indicate the date 6 and time of receipt of the request, the name, rank, title, 7 position, and signature of the receiving public officer or 8 employee, and furnish a copy thereof to the requesting party. In case the request is submitted by electronic means, the government agency shall provide for an equivalent means to meet the requirements of this paragraph. Each government agency shall establish a real- time tracking system to trace the status of all requests for information received; (d) The request may indicate the requesting party's preferred mode and means of receiving the information 17 requested; Provided, That the same are reasonable, taking into consideration the resources normally available to the concerned government agency;

(e) A government agency may communicate the 2 information requested in a prescribed form whenever it cannot provide the information in the preferred format, or 4 when such preferred means would unreasonably interfere 5 with the effective operation of the agency or be detrimental 6 to the preservation of the record; (f) The government agency shall comply with the request as soon as practicable, and in any case, within 9 fifteen (15) working days from the receipt thereof. The period may be extended whenever the information requested requires a search of the agency's field or satellite offices or an examination of voluminous records, or due to the occurrence of fortuitous events, and other analogous 14 circumstances: (g) The government agency shall, in writing or through electronic means, notify the person making the request of any extension, setting forth the reasons for it and the date when the information shall be made

1 available, which in no case shall exceed twenty (20) 2 working days; and (h) Once a decision is made to grant the request, the 4 requesting party shall be notified and shall pay the 5 required access and processing fees. If the information is not held by the government 7 agency to which the request was made, it shall notify the requesting party of the fact. and indicate which agency 9 holds the record. Whenever practicable, the agency receiving the request may also transfer it 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 receipt of the agency to which the request is transferred.

SEC. 13. Access and Processing Fees. - Government

agencies may charge a reasonable fee, which shall in no case exceed the actual cost of reproduction, copying or transcription, and the communication of the information 19 requested. An agency may waive such fees whenever it is

satisfied that the requesting party is an indigent, that the 2 cost of reproduction is negligible, or that the waiver is 3 pursuant to a program for proactive disclosure.

SEC. 14. Exemption from Compliance. - A government

agency is excused from complying with a subsequent 6 identical or substantially similar request from the same 7 requesting party where it has previously complied with a 8 request for the same information, unless a reasonable 9 interval has lapsed between compliance with the previous request and the making of the current request: Provided. 11 That the government agency complies with Section 15 of this Act.

SEC. 15. Notice of Denial. - If the government agency

14 decides to deny the request, in whole or in part, it shall 15 notify the requesting party of such denial in writing or through electric means, as soon as practicable, and in any 17 case within fifteen (15) calendar days from the receipt of 18 the request. The notice shall clearly set forth the ground/s 19 for denial and the circumstances on which the denial is

based, and indicate available rights to reconsideration or 2 appeal. Failure to notify the requesting party of the denial 3 or of any extension shall be deemed a denial of the request 4 for access to information.

SEC. 16. Remedies in Cases of Denial of Request for

6 Information. - (a) In all government agencies other than the judicial branch: (1) Any denial of a request for information may be appealed to the person or office next higher in authority within the same agency, following the procedure mentioned in Section 11(h) of this Act: Provided, That the written appeal must be filed by the requesting party within fifteen (15) working days from the notice of denial. The 15 appeal shall be decided within five (5) working days from the filing thereof. Failure of the agency to decide within the said period shall constitute a denial of the appeal; and (2) Upon denial of the appeal with the government agency, the requesting party may file a verified petition for

1 mandamus before the proper court, alleging the facts with 2 certainty and praying that judgment be rendered ordering 3 the respondent, immediately or at such other time to be 4 specified by the court, to disclose the requested 5 information. Unless restrained or enjoined, the decision of 6 the court shall be immediately executory without prejudice to review in accordance with the Rules of Court. Any action 8 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. Subject to the provisions of existing laws and issuances of the Supreme Court, all courts shall give preference to the hearing and disposition of petitions for mandamus filed pursuant to the provisions of this Act. The court hearing the case may examine, in 18 camera, the information subject of a claim of exception under Section 7 herein and determine the sufficiency of the factual and legal basis of such claim when such sufficiency

1 cannot be reasonably determined through evidence and 2 circumstances apart from the information. (b) The judiciary shall be governed by such remedies 4 as promulgated by the Supreme Court. (c) The remedies provided in this section are without 6 prejudice to any other administrative, civil, or criminal 7 action covering the same act. (d) The remedies available under this Act shall be 9 cumulative and subject to the rule of exhaustion of administrative remedies. The provisions of Republic Act No. 9285 or the "Alternative Dispute Resolution Act of 2004* shall not apply to cases filed pursuant to this section. (e) In case the requesting party has limited or no financial capacity, the Public Attorney's Office (PAO) shall provide legal assistance to the requesting party in availing of the remedies provided under this Act.

SEC. 17. Keeping of Records. -

(a) Government agencies shall create and/or 19 maintain, in appropriate formats, accurate and reasonably

complete documentation or records of their organization, 2 policies, transactions, decisions, resolutions, enactments, 3 actions, procedures, operations, activities, communications, 4 and documents received or filed, and data generated or 5 collected. These shall include working files, drafts, or 6 notes, whenever these have been circulated within the 7 agency for official purposes such as for discussion, 8 comment, approval, or when these contain unique information that can substantially contribute to a proper 10 understanding of the agency organization, policies, transactions, decisions, resolutions, enactments, actions, 12 procedures, operations, and activities. This likewise includes information submitted by public service 14 contractors such as receipts, identities of suppliers. purchase orders, cash vouchers, related agreements with other private entities, and other documents pertinent to the execution or the implementation of their transactions or contracts with the government agency involved; (b) Government agencies shall identify specific classes of official records in their custody or control that have

1 continuing historical, administrative, informational, legal, 2 evidentiary, or research value for preservation by such 3 agencies or their legitimate successors, or for transfer to 4 the National Archives of the Philippines (NAP). In 5 addition, the NAP shall likewise identify classes of official 6 records that agencies are required to preserve and transfer 7 to it. (c) In addition to the official records identified for preservation under the preceding paragraph, the following shall not be destroyed: (1) Records of loans obtained or guaranteed by the government: (2) Records of government contracts; (3) The declaration under oath of the SALN of public officers and employees, 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 a records management program following standards and periods

1 under Republic Act No. 9470 or the "National Archives of 2 the Philippines Act of 2007", including: (1) A records maintenance system for the creation, 4 selection, classification, indexing, and filing of official 5 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, 9 for retention by the agency, for transfer to the NAP, or for destruction: Provided, That destruction of the official records may be implemented only upon approval of the NAP; and (3) A specification of the roles and responsibilities of agency personnel in the implementation of such system and schedule. (e) In addition to its function as a repository of all rules and regulations issued by agencies as provided under Book VII, Chapter II of the Administrative Code of 1987, the University of the Philippines Law Center (UPLC) shall,

in coordination with the Office of the President, which has 2 exclusive editorial and printing jurisdiction over the 3 Official Gazette, and with other relevant agencies, 4 maintain a database and publish in print in the Official 5 Gazette or in digital or online form, the following: (1) All laws of the Philippines and their amendments, 7 from the period of the Philippine Commission to the 8 present; (2) All presidential issuances from 15 November 1935 to 10 the present including, but not limited, to executive orders, 11 presidential proclamations, administrative orders, 12 memorandum circulars, general orders, and other similar 13 issuances; (3) A database of all appointments and designations made by the President of the Philippines; and (4) Opinions of the Secretary of Justice.

SEC. 18. Publication in the Official Gazette. - For

purposes of mandatory disclosure provided in Section 8 of this Act, online publication of a timestamped document in

1 the Official Gazette website shall be considered official 2 publication. For purposes of compliance with Article 2 of the Civil 4 Code of the Philippines, publication of the following in the 5 online version of the Official Gazette, with the 6 corresponding timestamps on the document, shall be 7 considered as official publication: (a) All legislative Acts and resolutions of a public 9 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 13 Court, the Court of Appeals, or other courts of similar rank, as may be deemed by said courts to be of sufficient 15 importance for publication: (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 for publication.

Other documents or classes of documents as may be 2 required to be published by law, such as petitions and/or 3 legal notices in connection with land titles, naturalization. 4 or special proceedings, shall continue to be published in the print version of the Official Gazette or any newspaper of 6 general circulation for purposes of compliance with the 7 publication requirement.

SEC. 19. Capacity-Building, Promotion of Best

9 Practices, and Continuous Updating of Appropriate 10 Information Technology and FOl. - All government agencies shall ensure that they have a compliant website within two (2) years from the date of effectivity of this Act. 13 The Department of Information and Communications 14 Technology (DICT) shall monitor all government agency websites and render the appropriate support including capacity-building programs and coordination with appropriate agencies, utilizing alternative mechanisms and seeking the assistance of relevant private and volunteer groups to ensure full compliance with the requirements of this Act.

The DICT shall designate or establish a dedicated 2 bureau, office, division, or unit to oversee and monitor 3 compliance with the website, transparency portal, online 4 dashboard, and other information technology requirements 5 under this Act. The DICT Secretary shall ensure the 6 organization, staffing, and operational readiness of such 7 bureau, office, division, or unit. Subject to existing laws. 8 rules, and regulations, the DICT shall request the creation of such plantilla positions as may be necessary to carry out 10 its functions under this Act. In the performance of its monitoring function of government websites' transparency portals or online 13 dashboards, the DICT shall endeavor to continuously develop, improve, and update its information technology system taking into consideration the usability and practical accessibility of government documents by the 17 public. The DICT shall be responsible for setting the standards for the file formats to be used by the political

subdivisions of the State. All national and local 2 government agencies including GOCCs, with or without original charters, shall follow these standards in the 4 publication of government public information in accordance with the provisions of this Act. Every government agency shall ensure the provision of adequate training for its officials to improve awareness of the people's right to information under this Act and to 9 keep them updated on best practices in relation to information disclosure, records maintenance, and archiving.

SEC. 20. Use of Plain Language. - Every government

agency shall use plain language in their communications, orders, compliance, requirements, or instructions issued to implement the provisions of this Act. The government agencies shall translate key information into major Philippine languages and present them in clear and accessible form and means.

(a) To carry out the provisions of this Act, the Civil 2 Service Commission (CSC) is designated to issue 3 guidelines on the use of plain language to suit the needs of 4 the requesting party and to provide the necessary training 5 to employees of each government agency in using plain 6 language in public documents; (b) All departments, agencies, and instrumentalities 8 of the national government, including LGUs and SUCs, 9 shall designate an official responsible for the 10 implementation of plain language standards; and (c) Website content of government agencies, including 12 financial data, notices, and other technical and legal 13 documents, shall also be written in plain language to ensure that such information is easy to read, understand, and use.

SEC. 21. Administrative Offenses and Penalties. -

(a) The acts enumerated in this subsection shall be tantamount to grave administrative offenses and constitute grounds for administrative and disciplinary

1 sanction against any public official or employee who 2 willfully and knowingly commits any of the following: (1) Refusal to promptly forward a request under 4 Section 12 of this Act to the public officer within the same 5 office or agency responsible for officially acting on the 6 request, when such refusal directly results in the failure to 7 disclose the information within the periods required under 8 this Act; (2) Failure to act on the request within the periods required under this Act; (3) Refusal to comply with the decision of an immediate supervisor or any court ordering the release of 13 information; (4) Approval of policies, rules, and regulations that are clearly contrary to the provisions of this Act, and that directly result in the denial of a request for information; (5) Failure to upload information required to be posted on the transparency portal or online dashboard on the agency's website pursuant to Section 8(b) within the

1 period provided under Section 19: Provided, That the head 2 of agency or any other officer or employee responsible for such uploading shall be held liable. (b) The preceding subsection does not bar the filing of 5 appropriate administrative cases other than those grave 6 offenses enumerated above.

SEC. 22. Criminal Offenses and Penalties. - The

8 penalty of imprisonment of not less than one (1) year but 9 not more than six (6) years and a fine ranging from One hundred thousand pesos (P100,000) to One million pesos (P1,000,000) shall be imposed upon: (a) Any public official or employee who falsely denies 13 or conceals the existence of information that is a proper subject for disclosure under this Act: (b) Any public official or employee who destroys, or causes the destruction of information and/or documents requested under this Act, for the purpose of frustrating the requesting party's access thereto;

(c) Any public officer or employee responsible for acting on the request, who shall claim an exception under

Section 7 of this Act or under the Constitution, when such

4 claim is manifestly devoid of factual basis; (d) Any individual who divulges or releases 6 information covered under Section 7 of this Act; (e) Any public officer or employee who divulges or 8 releases information that is altered, tampered with, or 9 modified to the extent that the released information materially differs from the original contents of the 11 document: Provided, That altering or modifying a 12 document for the purpose of severing an exempt from non- 13 exempt information in a single document shall not be 14 punishable under this subsection; and (f) The responsible officers of the public service contractor, and the signatories to any contract or document evidencing a transaction with the government or a government agency, who fail to submit the necessary documents/papers.

If the violation is induced and assisted by a private 2 individual, corporation, partnership, or any kind of 3 juridical entity, the penalty provided herein shall be 4 imposed on its executive officer and/or other responsible 5 officials: Provided, That they shall also suffer, in addition 6 to the penalties provided herein, the automatic revocation 7 of their license to operate. Any public official or employee who willfully destroys, or causes the destruction, or sells information and/or documents requested under this Act, for the purpose of 11 frustrating the requesting party's access thereto, shall suffer a fine of not less than Five hundred thousand pesos (P500,000) but not more than One million pesos (P1,000,000) or imprisonment of five (5) years but not more than fifteen (15) years, or both, as provided in Republic Act No. 9470.

SEC. 23. Denial in Good Faith Not a Ground for

Liability. - A denial in good faith of a request made pursuant to the provisions of this Act shall not constitute a

ground for administrative, civil, or criminal liability. In 2 cases of denial of the request, the public official, officer, or 3 employee involved must prove having acted in good faith 4 by specifying the ground relied upon for the denial, and 5 showing by clear and convincing evidence that the 6 circumstances warranted such denial.

SEC. 24. Act Not a Bar to Claim of Right to

8 Information Under the Constitution. - No provision of this 9 Act shall be interpreted as a bar to any claim of the right to 10 information under Article III, Section 7 of the Constitution.

SEC. 25. Integration of FOI and Good Governance in

12 Elementary and Secondary Curriculum. - To ensure a 13 well-informed generation of citizens, the right to 14 information, the principles of accountability and transparency, democracy and leadership, and good governance shall be integrated with such subjects as 17 Heyograpiya, Kasaysayan at Sibika (HEKAST), and Araling Panlipunan in the elementary level and such 19 subjects as Social Studies and Makabayan or its equivalent

subjects in high school level. The Department of Education 2 (DepEd) in coordination with the CSC and other relevant offices shall prepare the necessary modules and teaching 4 programs consistent with the objectives of this Act.

SEC. 26. Reports on FOI. - All government agencies

6 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 with the agencies' main Annual Report and its posting and publication in their respective websites' transpareny portal or online dashboard shall be considered as sufficient compliance.

SEC. 27. System of Incentives and Rewards. - A

system of special incentives and rewards is hereby established for appropriate government agencies that initiated and displayed compliance and full participation in the meaningful implementation of this Act. The incentives

and rewards may include social projects, grants-in-aid, 2 national recognition, and similar entitlements.

SEC. 28. Strategic Lawsuits Against Public

4 Participation. - A Strategic Lawsuit Against Public 5 Participation (SLAPP) is any action filed to harass, vex, or 6 exert undue pressure against any person or legal entity 7 that has taken legal action or made a public communication of any kind, in connection with the enforcement or protection of the rights recognized herein, or any other legislation or administrative issuance related to FOl. The defendant in a SLAPP may file a special motion to dismiss at any point of the proceedings alleging that the case is a SLAPP. This special motion to dismiss shall be resolved within thirty (30) days after it is heard. If the court dismisses the SLAPP, it shall award damages, attorney's fees, and costs of suit.

SEC. 29. Appropriations. - The amount necessary to

19 carry out the provisions of this Act shall be charged

1. against the agencies' current budget and shall thereafter 2 be included in the annual General Appropriations Act.

SEC. 30. Separability Clause. - If any part or

4 provision of this Act is held unconstitutional or invalid, the 5 remainder thereof not otherwise affected shall remain in 6 full force and effect.

SEC. 31. Repealing Clause. - Sections 18, 24, and 25

8 of Executive Order No. 292 in relation to Article 2 of 9 Republic Act No. 386, Memorandum Circular No. 78 dated 14 August 1964 (Promulgating Rules Governing Security of 11 Classified Matter in Government Offices), as amended, and

Section 3, Rule IV of the Rules Implementing Republic

13 Act No. 6713 or the "Code of Conduct and Ethical 14 Standards for Public Officials and Employees", are hereby repealed: Provided, That Memorandum Circular No. 78 shall be deemed repealed after one (1) year from the 17 effectivity of this Act or upon issuance of the executive order in

Section 7(a), whichever comes first.

All other laws, presidential decrees, executive orders, 2 letters of instruction, proclamations, or administrative 3 regulations that are inconsistent with the provisions of this 4 Act are hereby repealed, amended, or modified accordingly.

SEC. 32. Effectivity. - This Act shall take effect after

6 fifteen (15) days following its publication in the Official 7 Gazette or in a national newspaper of general circulation. Approved,