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BillSBN-77020th Congress

Peoples Freedom of Information Act

In committee Filed Jul 29, 2025
◷ Where it standsIn Committee
FiledCommittee2nd Reading3rd ReadingBicamEnacted

Filed on July 29, 2025, and referred to the Committees on Public Information and Mass Media, Civil Service, Government Reorganization and Professional Regulation, and Finance; it has been consolidated and substituted by SBN-1432 as of October 1, 2025.

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Broad

The bill addresses the need for transparency and accountability in government operations, which affects all citizens.

Filipino citizensGovernment agenciesPublic officialsMedia
Timeliness
Timely

The bill responds to ongoing demands for transparency in governance, especially in light of the Philippines' commitment to the Open Government Partnership.

Affects you ifCitizens seeking informationPublic officialsGovernment employeesMedia organizationsCivil society groups
Impact assessment
AI read — verify with source
Overall impact
6.3/ 10
Long title

Peoples Freedom of Information Act

Plain-language summary
AI Summary

The People's Freedom of Information Act aims to implement the people's right to information and promote transparency in public service. It establishes guidelines for accessing public records and information, ensuring that citizens can participate in governance and hold public officials accountable.

What this bill actually requires
RequiresGovernment agencies must provide timely access to public records and information.
RequiresAll government agencies must prepare a Freedom of Information Manual within two years of the Act's effectivity.
FundsThe necessary amount to implement this Act shall be charged against the agencies' current budget, with future funding included in the annual General Appropriations Act.
PenalizesPublic officials who falsely deny or conceal information may face imprisonment of one month to six months and fines between ₱10,000 and ₱100,000.
PenalizesPublic officials who destroy requested information may face similar penalties.
DeadlineGovernment agencies must comply with the Act within fifteen (15) working days of receiving a request for information.
DeadlineThe DICT must monitor compliance and provide support within two (2) years from the Act's effectivity.
ⓘ AI-generated — verify with the source.↗ Official Senate PDF
What changes from current law

Compared with current law:

Today

Access to public information is limited and often bureaucratic.

This bill

The Act mandates timely access to public records and establishes a presumption in favor of disclosure.

ⓘ AI-generated comparison — verify against the bill and the cited law.
Ask this bill

The Act aims to implement the people's right to information and promote transparency in public service, allowing citizens to access official records and participate in governance.

Source · full text
Issue areas
HealthLocal GovernmentSocial WelfareTransparencyPublic AccountabilityFreedom of InformationCitizen EngagementGovernment Reform

✦ Dashed tags are AI-suggested nuance; solid tags follow the committee taxonomy.

Legislative history
Jul 29, 2025Senate
Introduced by Senator JV EJERCITO;
Aug 20, 2025Senate
Read on First Reading and Referred to the Committees on PUBLIC INFORMATION AND MASS MEDIA; CIVIL SERVICE, GOVERNMENT REORGANIZATION AND PROFESSIONAL REGULATION and FINANCE;
Sep 17, 2025Senate
Conducted ORGANIZATIONAL MEETING/BRIEFING;
Sep 30, 2025Senate
Returned and submitted jointly by the Committees on PUBLIC INFORMATION AND MASS MEDIA, CIVIL SERVICE, GOVERNMENT REORGANIZATION AND PROFESSIONAL REGULATION and FINANCE per Committee Report No. 5, recommending that it be substituted by SBN-1432;
Oct 1, 2025Senate
Committee Report Calendared for Ordinary Business;
Oct 1, 2025Senate
SUBSTITUTED BY SBN-1432 UNDER COMMITTEE REPORT NO. 5.
✦ AI insight

Stalled: the bill was introduced on July 29, 2025, and has not progressed since it was substituted by SBN-1432 on October 1, 2025, indicating a lack of further action in the legislative process.

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Floor activity

No floor deliberations yet — this measure has not reached plenary. Its committee-stage actions appear under Legislative history above.

Full text
SBN-770 — verbatim textAs filed

Oflier ofte TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 JUL 29 P4:06 SENATE RECEN S. NO. 770 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 FOl 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

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session ) 25 JUL 29 P4:06 SENATE RECEILDS S. No. 770 Introduced by Senator IV 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 6 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

made, received, or kept in or under the control and custody of any government agency pursuant to law, executive order, rules and regulations, ordinance or in connection with the performance or transaction of official business by any government agency; b. Official record refers to information produced or received by a public officer or employee, or by a government agency in an official capacity or pursuant to a public function or duty, regardless of whether the information is in the draft, final or any other stage or status; C. Personal data/information refers to a collective term used to refer to personal information, sensitive personal information, and privileged information. These are any information whether recorded in a material form or not, from which identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual; and d. Public record refers to information required by law, executive orders, rules, or regulations to be entered, kept and made publicly available by a government agency.

Sec. 4. Coverage. - This Act shall apply to all executive, legislative and judicial

19 offices, and constitutional offices, including Local Government Units (LGUS), State Universities and Colleges (SUCS), Government-Owned or Controlled Corporations (GOCCS), and other government instrumentalities, subject to limitations under existing laws. Further, this Act shall also cover back-end government operations, within, between, and across agencies, government-to-government communications, particularly those involving sharing and processing of data and information between and among government agencies for policy, planning, and decision-making purposes, and other government operations.

Sec. 5. Access to Information. - Every Filipino has a right to access official

proceedings, information, official records, public records, and documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development regardless of the physical form or format in which they are contained subject to the exceptions under this Act.

Sec. 6. Presumptions. There shall be a legal presumption in favor of access to

information. Government agencies shall have the burden of proof of showing by clear and convincing evidence that the information requested is exempted from the disclosure by this Act.

Sec. 7. Exceptions. - Access to information shall be granted unless:

a. The information is specifically authorized to be kept confidential under guidelines established by an executive order and properly classified pursuant thereto; b. The information directly relates to national security or defense and its revelation may cause serious damage to the national security or internal and external defense of the State; C. The information requested pertains to the foreign affairs of the Republic of the Philippines, when its revelation shall unduly weaken the negotiating position of the government in an ongoing bilateral or multilateral negotiation or seriously jeopardize the diplomatic relations of the Philippines with any state; d. The information consists of records of minutes, advice given or opinions expressed during decision-making or policy formulation, invoked by the Chief Executive to be privileged by reason of the sensitivity of the subject matter or by reason of the impairment of the Chief Executive's deliberate process that would result from the disclosure thereof. Once policy has been formulated and decisions made, minutes and research date may be made available for disclosure unless they were made in executive session; e. The information requested pertains to internal and/or external defense, law enforcement, and border control, when disclosure 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 of witnesses, law enforcement and military personnel or their immediate families; f. The information requested consists of drafts of orders, resolutions, decisions, memoranda or audit reports by any executive, administrative, regulatory, constitutional, judicial or quasi-judicial body in the exercise of their regulatory, audit and adjudicatory function;

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

ii. ii. Records of proceedings and processes deemed confidential by law for the privacy and/or protection of certain individuals, such as children, victims of crime, witnesses to a crime or rehabilitated drug offenders;

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: a. The information requested may be reasonably severed from the body of the information, which would be subject to the exceptions; b. The public interest in the disclosure outweighs the harm to the interest ought to be protected by the exceptions; or c. The requesting party is either the House of Congress or any of its committees, unless the disclosure will constitute a violation of the Constitution.

Sec. 9. Promotion of Openness and Transparency in Government. -

a. Real-Time Public Access to Government Proceedings. - Subject to the limitations provided under Section 7 and other applicable rules and laws, the following proceedings shall be made accessible to the public in real time through livestreaming and similar methods on their official websites and social media accounts: 1. Public consultations and deliberations conducted by any executive office for the formulation of public policies or the drafting of implementation of rules and regulations pursuant to enacted laws; 2. Plenary sessions, committee hearings, bicameral conference committee meetings, and public consultations conducted by the Senate and the House of Representatives and any of their committees, except those to be conducted in an executive session in accordance with their respective rules; and 3. Public hearings, oral arguments, and other similar judicial proceedings of the Supreme Court as may be declared open to the public in accordance with its internal rules and existing jurisprudence; b. Duty to Publish Information - Each government agency shall regularly publish, print and disseminate at no cost to the public and in an accessible form, consistent with the provisions of Republic Act 9485, or the Anti-Red Tape Act

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;

ii. ii. 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; ili. iii. Procurement contracts entered into by a government agency; iv. Construction or concession agreements or contracts entered into by a government agency with any domestic or foreign person or entity; V. iv. 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; vi. V. Loans from domestic and foreign financial institutions; vii. Guarantees given by any government agency to government- owned or controlled corporations and to private corporations, persons or entities; vili. vi. Public funding extended to any private entity; ix. vii. Bilateral or multilateral agreements and treaties in defense, trade, economic partnership, investments, cooperation and similar binding commitments; or x. vill. Licenses, permits or agreements given by any government agency to any person or entity for the extraction and/or utilization of natural resources. c. Keeping of Records. - Government agencies shall maintain and preserve their records in a manner that facilitates easy identification, retrieval and communication to the public. They shall establish Management Information Systems (MIS) to strengthen their capability to store, manage, and retrieve records and 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 net worth 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.

Sec. 10 Protection of Privacy - While providing for access to information in public

records, this Act also affords full protection of the right to privacy of individuals, as 7 follows: a. Disclosure of public records involving personal data shall be guided by the principle of transparency, legitimate purpose, and proportionality; b. A government agency must ensure that personal information in its custody or under its control is disclosed only as permitted under this Act; c. A government agency must protect personal information in its custody or under its control by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure, or disposal; d. An employee, officer or director of a government agency who has access, whether authorized or unauthorized, to personal information in the custody of the agency, must not disclose that information except as authorized under this Act.

Sec. 11. Freedom of Information Manual. -

a. For the effective implementation of this Act, all government agencies shall prepare a Freedom of Information Manual, setting forth the following: 1. The location and contact information of the head, regional, provincial and field offices, and other established places where the public can obtain information or submit requests; 2. The types of information it generates, produces, holds and/or publishes; 3. A description of its record-keeping system; 4. The person or office responsible for receiving request for information; 5. The procedure for the filing of requests personally, by mail, or through the identified electronic means; 6. The standard forms for the submission of request and for the proper acknowledgement of the request;

7. The process for the disposition of the request, including the routing of the request to the person or office with the duty to act on the request, the decision-making process, and the grant or denial of access and its implementation; 8. The procedure for the administrative appeal of any denial for access to information; 9. The schedule of fees; 10. 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, a brief description of its plan to facilitate compliance within three (3) years from the approval of this Act; and 11. Such other information, taking into consideration the unique characteristics of an agency, that will help facilitate the effective implementation of this Act. b. The foregoing information shall also be posted in its website and bulletin boards, and shall be regularly updated; C. In no case shall the absence of the aforementioned Manual be a reason for the denial of any request for information made in accordance with this Act; d. The heads of each of the departments and agencies may designate liaison units or Committees who shall coordinate with the other units of the agency in implementing this Act. The composition, functions and duties of these liaison units or Committees shall be included in the Freedom of information Manual.

Sec. 12. Procedure of Access. -

a. Any person who wishes to obtain information shall submit, free of charge, a request to the government agency concerned personally, by mail, or through electronic means. A person who is unable, because of illiteracy or due to being a person with disability, to make a written request for information may make an oral request, and the public official who receives the oral request shall reduce it to writing, and include his name and position within the government agency, and give a copy thereof to the person who made the request. The request shall state the name and preferred contact information of the

requesting party, and reasonably describe the information required, the reason for the request of the information and the preferred means by which the government agency shall communicate such information to the requesting party: Provided, That the stated reason shall not be used as 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.

f. The government agency shall, in writing or through electronic means, notify the person making the request of the extension, setting forth the reasons for such extension and the date when the information shall be made available, which in no case shall result in an extension of more than fifteen (15) working days. g. Once a decision is made to grant the request, the person making the request shall be notified of such and pay the required access and processing fees.

Sec. 13. Access and Processing Fees. - Government agencies may charge a

reasonable fee to reimburse the actual cost of reproduction, copying or transcription and the communication of the information requested.

Sec. 14. Notice of Denial. - If the government agency decides to deny the

request, in whole or in part, it shall, as soon as practicable, and in any case within fifteen (15) 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 set forth the ground or grounds for denial and the circumstances on which the denial is based, and indicate available rights of reconsideration or appeal. Failure to notify the person making the request of the denial, or of the extension, shall be deemed a denial of the request for access to information.

Sec. 15. Remedies in Cases of Denial of Request for Information. -

a. In all government agencies other than the judicial branch - 1. Every denial of any request for access to information may be appealed to the person or office next higher in authority of the same agency, following the procedure mentioned in Section 11 (a) (8) of this Act: Provided, That the written appeal must be filed by the same person making the request within fifteen (15) calendar days from the notice of denial. The appeal shall be decided by the person or office next higher in authority of the same agency within five (5) working days from filing of said written appeal. Failure of the government agency to decide within the aforestated period shall constitute denial of the appeal; 2. Upon denial of the appeal with the government agency, 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 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

damages sustained by the requesting party by reason of denial. The procedure for such a petition shall be summary in nature. 5. In resolving a complaint or petition brought under the preceding paragraphs (2) and (3), the Ombudsman or the court is empowered to receive the information subject of a claim of exception under Section 6 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. b. In the Judicial Branch, the Supreme Court shall promulgate the remedies that would govern offices under its jurisdiction. c. The remedies provided in 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 cumulative and subject to the rule of exhaustion of administrative remedies. e. The provisions of Republic Act No. 9285, otherwise known as the Alternative Dispute Resolution Act of 2004, shall not apply to cases filed pursuant to this section. f. In case the requesting party has limited or no financial capacity, the Public Attorney's Office shall be mandated to provide legal assistance to the requester in availing of the remedies provided under this Act.

Sec. 16. Capacity-Building, Promotion of Best Practices and Continuous

Updating of Appropriate Information Technology and FOI. - All government agencies must ensure that they have a compliant website within two (2) years from the date of effectivity of this Act. The DICT shall monitor all government agency websites and render the appropriate support including capacity-building program and coordination with another appropriate agency, utilizing alternative mechanisms and seeking the assistance of private relevant and willing volunteer groups to ensure full compliance with the requirements of this Act. The DICT shall be responsible for setting the standards for file formats to be used by the political subdivisions of the State. All national and local government

agencies including GOCCs with or without original charter in the publication of 2 government public information in accordance with the provision of this Act.

Sec. 17. Administrative Liability. - The acts enumerated in this Section shall be

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 public officer within the same office or agency responsible for officially acting on the request when such is the direct cause of the failure to disclose the information within the periods required by this Act; b. Failure to act on the requests within periods required by this Act; c. Refusal to comply with the decision of his immediate supervisor, the Ombudsman, or of any court ordering the release; d. Approval of policies, rules and regulations clearly contrary to the provisions of this Act, and which policies, rules and regulations are the direct cause of the denial of a request for information.

Sec. 18. Criminal Liability. - The penalty of imprisonment of less than one (1)

month but not more than six (6) months and a fine ranging from Ten Thousand Pesos (P10,000.00) to One Hundred Thousand Pesos (P100,000.00) shall be imposed upon: a. Any public official or employee who falsely denies 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 to be destroyed, information and/or documents being requested under this Act, for the purpose of frustrating the requesting party's access thereto; C. Any individual who knowingly induced or caused the commission of the foregoing acts shall be liable as principal by inducement in the prosecution of public officials or employees under this Section; d. Any public officer or employee responsible for officially acting on the request, who shall claim an exception under Section 7 of this Act, or under the Constitution, when such claim is manifestly devoid of factual basis; e. Any public officer or employee who divulged or released information covered under Section 7 of this Act.

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 8 individual or a corporation, partnership or any kind of judicial entity, the penalty 9 provided herein shall be imposed on its executive officer and/or other officials 10 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 17 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 23 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.

Sec. 24. Repealing Clause. - Any law, presidential decree or issuance, executive

2 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,

Reproduced from the Senate document. The official PDF is the authoritative version.