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    House Bill No. 5801 (Consolidated People's FOI Act)

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    539 views38 pages

    House Bill No. 5801 (Consolidated People's FOI Act)

    Uploaded by

    Jojo Malig
    House Bill No. 5801 (Consolidated People's FOI Act)

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    i Republic of the Philippines House of Representatives Quezon City, Metro Manila 14 May 2015 MEMORANDUM FOR : THE DEPUTY SECRETARY GENERAL FOR OPERATIONS ATTENTION: THE EXECUTIVE DIRECTOR Plenary Affairs Bureau ‘THE SERVICE DIRECTOR Bills and Index Service FROM THE DEPUTY SECRETARY GENERAL FOR COMMITTEE AFFAIRS suaect-_couurraenerontno_748 : We are transmitting herewith three (3) copies of the Committee Report submitted by the Committees on Public Information and Appropriations on House Bill No "580% in substitution of House Bills Numbered 26, 34, 94, 149, 485, 843, 1082, 1450, 1555, 1646, 1940, 2003, 2067, 2656, 2946, 3004, 3131, 3147, 3183, 3237, 3643, 3746 and Petition No. 0001, entitled: AN ACT STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT For your appropriate action. bose “pay. NE C, oa Republic of the Philippines HOUSE OF REPRESENTATIVES (Quezon City ‘SIXTEENTH CONGRESS ‘Second Regular Session COMMITTEE REPORT NO. ae ae Submitted by the COMMITTEE ON PUBLIC INFORMATION and the COMMITTEE ON APPROPRIATIONS on RE: House Bil No, DBOL Recommending its approval in substitution of House Bills Numbered 26, 34, 94, 149, 485, 843, 1082, 1450, 1555, 1646, 1940, 2003, 2067, 2656, 2946, 3004, 3131, 3147, 3183, 3237, 3843, 3746 and Petition No. 0001 Sponsors: Representatives Jorge T. Almonte, Isidro T. Ungab, Raul V. Del Mar, Teddy Brawner Baguilat, Kaka J. Bag-ao, Winston “Winnie” Castelo, Ibarra M. Gutierrez Ill, Maria Leonor Gerona-Robredo, Henedina R. Abad and Cresente M, Paez MR, SPEAKER: ‘The Committees on Public Information and Appropriations, to which were referred: House Bill No. 26, authored by Hon. Raul V. Del Mar, entited: AN ACT ‘TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT House Bill No. 34, authored by Hon. Marcelino “Marcy” R. Teodoro, entitled: AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT House Bill No. 94, authored by Hon. Teddy Brawner Baguilat and Kaka J. Bag-ao, entitled: AN ACT IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF PUBLIC. CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE THREE OF THE 1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY- EIGHT, ARTICLE TWO OF THE 1987 CONSTITUTION, AND FOR OTHER PURPOSES House Bill No. 149, authored by Hon. Leah Samaco-Paquiz, entitled: AN ACT ‘TO STRENGTHEN THE PEOPLE'S RIGHT TO INFORMATION House Bill No. 485, authored by Hon. Rodolfo G. Biazon, entitled: AN ACT IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN, ARTICLE THREE OF THE 1987 CONSTITUTION AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST UNDER SECTION TWENTY- EIGHT, ARTICLE TWO OF THE 1987 CONSTITUTION, AND FOR OTHER PURPOSES House Bill No. 843, authored by Hon. Sherwin N, Tugna, entitled: AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT House Bill No. 1082, authored by Hon Winston “Winnie” Castelo, entitled: AN ACT IMPLEMENTING THE RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF PUBLIC CONCERN AND THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF ALL ITS ‘TRANSACTIONS INVOLVING PUBLIC INTEREST AND FOR OTHER PURPOSES House Bill No. 1450, authored by Hon. Deogracias B, Ramos, Jr., entitled: AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT House Bill No. 1888, authored by Hon. Estrella B. Suansing, entitied: AN ACT UPHOLDING THE CONSTITUTIONAL RIGHT OF THE PEOPLE TO INFORMATION ON MATTERS OF PUBLIC CONCERN ON FOOD INCLUDED IN THE LIST OF BASIC NECESSITIES OR PRIME COMMODITIES TO GUARANTEE THE RIGHT OF THE PEOPLE TO AFFORDABLE FOOD AND ADEQUATE FOOD SUPPLY House Bill No. 1648, authored by Hon. Salvio B. Fortuno, entitled: AN ACT STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION ON MATTERS OF PUBLIC ‘CONCERN, ACCESS TO OFFICIAL RECORDS AND DOCUMENTS AND PROVIDING PENALTIES THEREFOR House Bill No. 1940, authored by Hon. Magnolia C. Antonino, entitled: AN ACT ‘STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION ON MATTERS OF PUBLIC CONCERN, ACCESS TO OFFICIAL RECORDS AND DOCUMENTS AND PENALIZING ANY VIOLATION THEREOF House Bill No. 2003, authored by Hon. Ibarra M. Gutierrez III and Walden F, Bello, entitled: ‘AN ACT ‘TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT House Bill No. 2067, authored by Hon. Karlo Alexei B. Nograles, entitled: AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT House entitled: ill No, 2656, authored by Hon. Diosdado Macapagal Arroyo and Gloria Macapagal-Arroyo, AN ACT MANDATING THE GOVERNMENT TO PROVIDE ACCESS TO INFORMATION ON FOOD AND OTHER BASIC COMMODITIES TO GUARANTEE THE RIGHT OF THE PEOPLE TO AFFORDABLE FOOD AND ADEQUATE FOOD SUPPLY, PRESCRIBING GUIDELINES THEREFOR, AND FOR OTHER PURPOSES House Bill No. 2946, authored by Hon. Cresente M. Paez and Anthony M. Bravo, entitled: AN ACT IMPLEMENTING THE FREEDOM OF ACCESS TO INFORMATION ON MATTERS. ‘OF PUBLIC CONCERN GUARANTEED UNDER SECTION SEVEN ARTICLE Ill OF THE 1987 CONSTITUTION BY REQUIRING ELECTRONIC PUBLICATION OF ALL GOVERNMENTAL. AGENCIES’ RESOLUTION, REGULATION, CIRCULARS, DECISIONS, AND CONTRACTS, AND THE LIKE House Bill No. 3004, authored by Hon. Gus S. Tambunting, entitied: AN ACT TO STRENGTHEN THE PEOPLE'S RIGHT TO INFORMATION House Bill No. 3134, authored by Hon. Xavier Jesus *XJ" D, Romualdo, entitled: AN ACT STRENGTHENING THE RIGHT TO INFORMATION ON MATTERS OF PUBLIC CONCERN AND ‘THE RIGHT OF ACCESS TO OFFICIAL RECORDS AND DOCUMENTS AND IMPLEMENTING ‘THE CONSTITUTIONAL POLICY OF FULL PUBLIC DISCLOSURE OF ALL OF THE STATE'S. TRANSACTIONS INVOLVING PUBLIC INTEREST AND FOR OTHER PURPOSES House Bill No. 3147, authored by Hon. Emmeline Y. Aglipay-Vilar, entitled: AN ACT TO STRENGTHEN THE PEOPLE'S RIGHT TO INFORMATION House Bill No. 3183, authored by Hon. Jose Christopher Y. Belmonte, entitled: AN ACT AFFIRMING AND STRENGTHENING THE PEOPLE'S CONSTITUTIONAL RIGHT TO. INFORMATION ON MATTERS OF PUBLIC CONCERN AND OF THE STATE POLICY OF FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS INVOLVING PUBLIC INTEREST, AND FOR OTHER PURPOSES. House Bill No. 3237, authored by Hon. Maria Leonor Gerona-Robredo and Henedina R. Abad, entitled: AN ACT TO STRENGTHEN THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT House Bill No. 3643, authored by Hon. Cinchona Cruz-Gonzales, entitled: 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: House No. 3746, authored by Hon. Sol Aragones, entitled! FREEDOM OF INFORMATION ACT And Petition No. 0001, introduced by Right to Know, Right Now Coalition, Through Indirect Initiative Under Sections 3(B) and 11 of Republic Act No. 6735 (Initiative and Referendum Act), entitled: AN ACT TO STRENGTHEN THE PEOPLE'S RIGHT TO INFORMATION have considered the same and recommend that the attached House Bill No. entitled: ANACT STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT be approved in substitution of House Bills Numbered 26, 34, 94, 149, 485, 843, 1082, 1450, 1555, 1646, 1940, 2003, 2067, 2656, 2946, 3004, 3131, 3147, 3183, 3237, 3643, 3746 and Petition No. 0001, with Representatives Raul V. Del Mar, Marcelino R. Teodoro, Teddy Brawner Baguilat Jr, Kaka J. Bag-2o, Leah Samaco-Paquiz, Rodolfo G. Biazon, Sherwin N. Tugna, Winston “Winnie Castelo, Deogracias B. Ramos, .., Estrella B. Suansing, Salvio B. Fortuno, Magnolia C. Antonino, Ibarra M. Gutierrez Il, Wallen F. Bello, Karlo Alexei B. Nograles, Diosdado Macapagal Arroyo, Gloria Macapagal-Arroyo, Cresente M. Paez, Anthony M. Bravo, Gus S. Tambunting, Xavier Jesus "XJ" D. Romualdo, Emmeline Y. Aglipay-Vilar, Jose Christopher Y. Belmonte, Maria Leonor Gerona-Robredo, Henedina R. Abad, Cinchona Cruz-Gonzales, Sol Aragones, Nicasio M. Aliping, Jt, Juan Johnny R. Revilla, Juliette T. Uy, Ronaldo B, Zamora, Christopher S. Co, Rodel M. Batocabe, Ma. Victoria R. Sy-Alvarado, Lorna Q. Velasco, Amado S. Bagatsing, Noe! L. Villanueva, Juliet R. Cortuna, Lawrence Lemuel H. Fortun, Frederick F. Abueg, Erlpe John M. Amante, Rodrigo ‘A. Abelianosa, Jose |. Tejada, Erlinda M. Santiago, Edcel "Grex" B. Lagman, Erico Aristotle C. ‘Aumentado, Angelina DL. Tan, M.D., Arthur C. Yap, Gerald Anthony V. Gullas, Jr., Henry S. ‘Oaminal, Rose Marie J. Arenas, Gary C. Alejano, Emi G. Calixto-Rubiano, Lilia Macrohon-Nufio, Rolando A. Uy, Benjamin D. Asilo, Sitti Djalia A. Turabin-Hataman, Martyn L. Primicias-Agabas, Nancy A. Catameo, Lino S. Cayetano, Abigail Faye C. Ferriol-Pascual, Eric L. Olivarez, Anthony G. Del Rosario, Maria Lourdes Acosta-Alba, Jorge T. Almonte and Sherwin T. Gatchalian as authors thereof. Respectfully submitted: ga ee ‘Committee on Appropriations ‘Committee on Public Information ‘THE HONORABLE SPEAKER HOUSE OF REPRESENTATIVES QUEZON CITY Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City, Metro Manila-~ SIXTEENTH CONGRESS ‘Second Regular Session House sito, SBOL Introduced by Honorable Raul V. Del Mar, Marcelino R, Teodoro, Teddy Brawner Baguilat Jr., Kaka J. Bag-2o, Leah Samaco-Paquiz, Rodolfo G. Biazon, Sherwin N. Tugna, Winston “Winnie” Castelo, Deogracias B. Ramos, Jr, Estrelita B. Suansing, Salvio B. Fortuno, Magnolia C, Antonino, Ibarra M, Gutierrez Ill, Walden F. Bello, Kario Alexei B. Nograles, Diosdado Macapagal Arroyo, Gloria Macapagal-Arroyo, Cresente M. Paez, Anthony M. Bravo, Gus S. Tembunting, Xavier Jesus “XJ" D. Romualdo, Emmeline Y. Aglipay-Villar, Jose Christopher Y. Belmonte, Maria Leonor Gerona-Robredo, Henedina R. Abad, Cinchona Cruz-Gonzales, Sol Aragones, Nicasio M. Aliping, Jr., Juan Johnny R. Revilla, Juliette T. Uy, Ronaldo B. Zamora, Christopher S. Co, Rodel M. Batocabe, Ma. Victoria R. Sy-Alvarado, Loma Q. Velasco, eon Amado S. Bagatsing, Noe! L. Villanueva, Juliet R. Cortuna, Lawrence Lemuel H. Fortun, Frederick F. Abueg, Eripe John M. Amante, Rodrigo A. Abellanosa, Jose |. Tejada, Erlinda M. Santiago, Edeel ‘Grex’ B. Lagman, Erico Aristotle C. Aumentado, Angelina DL. Tan, M.D., Arthur C. Yap, Gerald Anthony V. Gullas, Jr., Henry S. Oaminal, Rose Marie J. Arenas, Gary C. Alejano, Emi G. Calixto-Rubiano, Lilia Macrohon-Nufio, Rolando A. Uy, Benjamin D. Asilo, Sitti Djalia A. Turabin-Hataman, Marlyn L. Primicias-Agabas, Nancy A. Catamco, Lino S. Cayetano, Abigail Faye C. Ferriol-Pascual, Eric L. Olivarez, Anthony G. Del Rosario, Maria Lourdes rAtba, gorge T-Almonteranct Sherviir T-Gatehratar ‘AN ACT STRENGTHENING THE RIGHT OF CITIZENS TO INFORMATION HELD BY THE GOVERNMENT. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembied: SECTION. 1. Short Title. — This Act shall be known as the "People’s Freedom of Information Act, SEC. 2. Declaration of Policy. ~ The State recognizes the right of the people to information on matters of public concern, and adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to the procedures and limitations provided by this Act. This right is indispensable to the exercise of the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making ear dsHew Page 1 of 20 ewe erauneoene 10 u 12 13 14 15 16 z 18 19 20 21 22 23 24 25 26 27 28 29 30 SEC. 3. Coverage. ~ This Act shall cover all government agencies, to refer to the executive; legislative, and judicial-branches as well as the constitutional-bodies of the Republic of the Phifppines,—including the national goverment and all its agencies, departments, bureaus, offices and instrumentalities, constitutional commissions and constitutionally mandated bodies, local governments and all their agencies, regulatory agencies, chartered institutions, government-owned or ~controlled corporations, including wholly-owned or controlled subsidiaries, government financial institutions, state universities and colleges, the Armed Forces of the Philippines, the Philiopine National Police, all offices in the Congress of the Philippines including the offices of Senators and Representatives, the ‘Supreme Court and all lower courts established by law. SEC. 4, Definition of Terms. - As used in this Act: (a) Dataset refers to an organized collection of data in a variety of forms, including tabular, geospatial, or image data files (b) Information refers to data that have been processed into a record, document, paper, report, letter, contract, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, in whatever form, or films, audio and video Tt n her in 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. (c) Mact ‘computer programs. readable refers to formats that allow data to be extracted and processed by (@) 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. This shall not refer to the stage or status of the information. (e) Open format refers to one that is platform independent, machine readable, and made available to the public without restrictions that would impede the re-use of that information. () 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. Page 2 of 20 ay aneene 10 1 12 13, 14 15 16 18 19 20 2 22 23 24 25 26 27 28 29 30 SEC. 5.Access to Information:=Every person who is a Filipino“itizen has-atight, to and shall, on request, be given access'to any record under the control of @ government agency. Government agencies and pubiic officials shall have the duty to disclose and make available for scrutiny, copying, and reproduction in the manner provided by this Act, all information pertaining to official acts, transactions, or decisions as well-as government research data used as a basis for policy development, subject to the exceptions enumerated under Section 7 of this Act, regardless of their physical form or format in which they are contained and by whom they were made. Nothing herein contained shall allow private acts, transactions or records of public officals, and private individuals to be the subject of mandatory disclosure under this Act: Provided, ‘however, That income tax returns, and statement of assets, liabilities and networth (SALN) of public officials shall be released subject to existing laws, rules and regulations: Provided, further, That the limitations and prohibitions to make: available to the public the SALN shall not epply when, upon order of the Sandiganbayan, it has been established that there is probable cause related to the commission of an offense. SEC. 6. Presumption. - There shall be a legal presumption in favor of access to exceptions provided under this Act. Accordingly, government agencies shall have the burden Of proving that the information requested is exempted from disclosure. SEC. 7. Exceptions. — Access to information shall be granted unless: (a) the information is specifically authorized to be kept secret under guidelines established by an executive order, and properly classified pursuant thereto: Provided, That 1) The information directly relates to national security or defense and its revelation may cause grave damage to the national security or intemal and external defense of the State: or 2) 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 muttilateral negotiation or seriously jeopardize the

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