The Philippine Star: Philippine: Sunday, 2nd
November 2025.
Last Sept 30, the
President, together with members of the Cabinet and leaders of Congress,
officially identified the Right to Information (RTI) Act as a priority
legislative measure under the Common Legislative Agenda of the
Legislative-Executive Development Advisory Council (LEDAC) for the 20th
Congress.
After nearly four decades of languishing in the legislative mill since it was first filed in Congress, the RTI Act is now among 44 priority legislative measures identified by the LEDAC.
No less than the 1987 Constitution, under Article III Section 7 of the Bill of Rights, provides that “the right of the people to information on matters of public concern, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as a basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”
According to Senate Bill 189 or the People’s Freedom of Information Act of 2025 authored by Sen. Vicente Sotto III, the right to information shall cover the national and local governments and all their agencies, including those in the executive, legislative and judicial branches as well as constitutional commissions and constitutionally mandated bodies, government-owned or controlled corporations, government financial institutions, and state universities and colleges, among others.
Access to information shall not, however, extend to the following, among others:
Meanwhile, all government agencies shall upload on their websites the following: annual budget, itemized monthly collections and disbursements, summary of income and expenses, component of the IRA utilization, annual procurement plan and list, plantilla of positions and vacant positions, items to bid, bid results on civil works and goods and services, abstract of bids, procurement contracts entered into, construction or concession agreements or contracts with any domestic or foreign person or entity, public funding extended to any private entity, licenses or permits granted to any person for the extraction or utilization of natural resources add a list of the grantees, guarantees given to GOCCs and private entities, loans obtained, and compromise agreements entered into, among others.
Contracts and agreements involving amounts of at least P50 million shall be uploaded in full on the website of the concerned government agency or the Official Gazette online.
Any person wishing to obtain information shall submit a request to the relevant government agency, free of charge, either in person, by mail, or via electronic means. The request shall state the name and contact information of the requesting party, as well as the reason for the request. However, the stated reason shall not be used as a basis to deny the request unless it is contrary to law.
If the request is denied, the proposed bill grants the requesting party the right to file a petition for mandamus in the proper court and to seek damages if the respondent acted with malice, bad faith, or negligence. This is without prejudice to criminal penalties or administrative and disciplinary actions that may be taken against public officials or employees for certain acts, including failure to act on a request within the periods required by law.
At a time when the people’s faith in government is crumbling, the immediate passage of the RTI bill into law is crucial. Aside from its fight against corruption in government, this is one more legacy that the BBM administration should leave behind.
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| Mary Ann LL. Reyes |
After nearly four decades of languishing in the legislative mill since it was first filed in Congress, the RTI Act is now among 44 priority legislative measures identified by the LEDAC.
No less than the 1987 Constitution, under Article III Section 7 of the Bill of Rights, provides that “the right of the people to information on matters of public concern, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as a basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.”
According to Senate Bill 189 or the People’s Freedom of Information Act of 2025 authored by Sen. Vicente Sotto III, the right to information shall cover the national and local governments and all their agencies, including those in the executive, legislative and judicial branches as well as constitutional commissions and constitutionally mandated bodies, government-owned or controlled corporations, government financial institutions, and state universities and colleges, among others.
Access to information shall not, however, extend to the following, among others:
- Information specifically authorized to be kept confidential, i.e., those directly relating to national security or defense and its revelation may cause damage to the national security or internal and external defense of the State; or those pertaining to the country’s foreign relations when its revelation shall jeopardize its diplomatic relations with other states;
- Minutes or records of advice given or of opinions expressed during decision-making or policy formulation, including exchanges when the chief executive was not present, if invoked by the chief executive to be part of presidential communications privilege whenever disclosure would significantly undermine the free and frank provision of advice or exchange of views;
- Those pertaining to internal and/or external defense, law enforcement, and border control when the disclosure may compromise or interfere with legitimate military or law enforcement operations; or endanger the life or physical safety of any individual; or deprive a person of the right to a fair trial and impartial adjudication;
- Information pertaining to matters of human security, such as food, health, money and trade, when disclosure may cause unnecessary panic and conflict;
- Those pertaining to government assistance to overseas Filipino workers, including their cases and records;
- Those involving records of foreign diplomats that could compromise their safety or information considered confidential by the Vienna Conventions;
- Information exempted under a treaty or bilateral agreement to which the Philippines is a party;
- Drafts of orders, resolutions, decisions by an executive, administrative, regulatory, constitutional, judicial, or quasi-judicial bodies;
- Information obtained by Congress in executive session;
- Personal and sensitive information of natural persons;
- Those forming part of the public record, but disclosure would expose people concerned to acts of discrimination;
- Trade secrets and commercial or financial information obtained in confidence or covered by privileged communication, and/or filed with a government agency;
- Information required by law to be kept confidential or privileged information;
- Information about ongoing evaluation or review of bids or proposals undertaken by the bidding or review committee prior to official recommendation by the government.
Meanwhile, all government agencies shall upload on their websites the following: annual budget, itemized monthly collections and disbursements, summary of income and expenses, component of the IRA utilization, annual procurement plan and list, plantilla of positions and vacant positions, items to bid, bid results on civil works and goods and services, abstract of bids, procurement contracts entered into, construction or concession agreements or contracts with any domestic or foreign person or entity, public funding extended to any private entity, licenses or permits granted to any person for the extraction or utilization of natural resources add a list of the grantees, guarantees given to GOCCs and private entities, loans obtained, and compromise agreements entered into, among others.
Contracts and agreements involving amounts of at least P50 million shall be uploaded in full on the website of the concerned government agency or the Official Gazette online.
Any person wishing to obtain information shall submit a request to the relevant government agency, free of charge, either in person, by mail, or via electronic means. The request shall state the name and contact information of the requesting party, as well as the reason for the request. However, the stated reason shall not be used as a basis to deny the request unless it is contrary to law.
If the request is denied, the proposed bill grants the requesting party the right to file a petition for mandamus in the proper court and to seek damages if the respondent acted with malice, bad faith, or negligence. This is without prejudice to criminal penalties or administrative and disciplinary actions that may be taken against public officials or employees for certain acts, including failure to act on a request within the periods required by law.
At a time when the people’s faith in government is crumbling, the immediate passage of the RTI bill into law is crucial. Aside from its fight against corruption in government, this is one more legacy that the BBM administration should leave behind.
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