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FREEDOM OF INFORMATION
BRIEFER ON THE PROPOSED SUBSTITUTE
Bill of 2012
On February 3, 2012, President Aquino announced a proposed Freedom of Information bill wastransmitted by the Secretary of Budget and Management to administration coalition allies in theHouse of Representatives. This FOI bill is an integral element of the Aquino Good Governance and Anti-Corruption Plan 2012-2016, which the President has recently approved subject to furtherrenements. This plan contains reforms and initiatives that pursue greater transparency,accountability, and citizen participation in governance.This draft bill is a result of a consultative process after careful study of similar legislation by anadministration study group in order to ensure that it serves public interest without compromisinggovernment’s legitimate rights—in other words, balance legitimate needs for secrecy with thepublic’s right to know.
 Administration study group:
 The administration study group is composed of Communications Usec. ManuelL. Quezon III (lead), Sec. Ramon A. Carandang, Presidential SpokespersonEdwin Lacierda, Sec. Florencio B. Abad, and Deputy Presidential Spokesperson Abigail Valte, in coordination with the stakeholders.
 Access to Information will be available to every person who is a Filipino citizen.
Q and A
FOI BILL2012
GOOD GOVERNANCE& ANTI-CORRUPTIONPLAN 2012-2016
Who can ask for information?
?
 All government agencies (specically dened under Section 3 of the Act).
To whom can we ask for information?
?
 All government agencies (specically dened under Section 3 of the Act).
What information will be made available?
?
Freedom of Information
 
• Inf
o
rmation specifically authorized to be kept Secret under guidelines established by anexecutive order, and properly classified.• Records of minutes and advice given and opinions expressed during decision-making orpolicy formulation, invoked by the Chief Executive to be privileged by reason of thesensitivity.• Information pertaining to internal and/or external defense, law enforcement, and bordercontrol.• Drafts of orders, resolutions, decisions, memoranda or audit reports by any executive,administrative, regulatory, constitutional, judicial or quasi-judicial body.• Information obtained by any committee of either House of Congress in executive session.• Personal information of a natural person other than the requesting party. (See Section 6ffor details.)• Information pertaining to trade secrets and commercial or financial information that wouldseriously prejudice, industrial, financial, or commercial competition. (See Section 6g fordetails.)• Information classified as privileged communications in legal proceedings by law or by theRules of Court.• Information exempted by law or the Constitution.• This proposed bill expanded access to financial information such as SALNs ofgovernment officials and other kinds of information such as transactions by incorporatinga provision making the posting/publication of such mandatory. (See list in Sections 7and 8.)• The public will be spared from the tedious work of trying to access information fromdifferent agencies when the information is made available in one portal, the OfficialGazette web site (www.gov.ph) being the official publication for the following information:- Important legislative acts and resolutions of a public nature of the Congress of thePhilippines;- Executive and administrative orders and proclamations of general application;- Decisions or abstracts of decisions of the Supreme Court and the Court of Appealsor other courts of similar rank, as may be deemed of sufficient importance to be sopublished;- Such documents or classes of documents as the President shall determine to havegeneral application.• The bill asks government agencies to translate key information into major Filipinolanguages and present them in popular form and means.• All government agencies are required to prepare a Freedom of Information Manual thatwill contain details and procedures and serve as a guide on the matter.
What information will remain classified?
 
(See Section 6 for specific details.)
!
 
• The government agency shall notify the person making the request of such denial inwriting or through electronic means within 15 working days from the receipt of the request.• The notice shall clearly set forth the ground for denial and the circumstances on whichthe denial is based. Failure to notify shall be deemed a denial of the request for accessto information.• Following the proper procedure, denial of a request for access to information may beappealed to the Head of Agency, then Ombudsman, then may file a verified petitionfor mandamus in the proper court. • The Judiciary shall however will be governed by such remedies as promulgated by theSupreme Court.
Request
1. Request:
Submit a request to the government agency concerned personally, by mail, orthrough electronic means.
2. Receiving:
The request will be stamped by the government agency, indicating the date,time and other details of receipt (refer to Section 16b). In case the request is submitted byelectronic means, the government agency shall provide for an equivalent means by whichthe requirements shall be met.
3. Waiting time:
The government agency shall comply with such request as soon aspracticable, and in any case within 15 working days from receipt. The period may beextended for specific cases (refer to Section 16e).
4. Notification:
The government agency shall, in writing or through electronic means, notifythe person making the request of the extension, the reasons for extension, and the date theinformation will be made available (no more than 20 working days).
5. Grant and Payment:
Once a decision is made to grant the request, the person makingthe request shall be notified of such and pay the required access and processing fees.
Request
  R  E C  E  I  V  E  D
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1. REQUEST2. RECEIVING3. WAITING TIME4. NOTIFICATION5. GRANT & PAYMENT
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