Despite pledges of transparency, Marcos has yet to push FOI bill

MANILA, Philippines — Congress has entertained Freedom of Information bills for decades only to let them languish at the committee level. In the 20th Congress, seven minority lawmakers filed the first FOI measure in a bid to break that pattern.

Liberal Party lawmakers filed House Bill 2897, also known as the “People’s Freedom of Information Act of 2025,” on Monday, August 4, seeking to institutionalize Filipinos’ constitutional right to access information. 

A legislated FOI bill would grant the public access to government records and documents, including officials’ performance, statements of assets, liabilities and net worth (SALN), agency budgets, spending and procurement contracts. 

There are exemptions, however, including classified information under national security or defense, as well as privileged communications in legal proceedings.

“Ang panukalang ito ay isang makapangyarihang sandata laban sa katiwalian, disimpormasyon, at kawalan ng katapatan at pananagutan sa pamahalaan,” De Lima said. 

(This proposed measure is a powerful tool against corruption, disinformation, and the lack of honesty and accountability in government.)

Since no national FOI measure has been enacted, local government units have instead passed ordinances to improve local transparency in public spending, government contracts, public works and health services. 

Long campaign for FOI 

In the Philippines’ legislative history, there were instances when the FOI bill made it to the third and final reading in one chamber but stalled due to the failure of the other chamber to pass its counterpart measure.

The bill came closest to becoming law in the 14th Congress during the Arroyo presidency when both chambers passed it on final reading. However, only the Senate ratified the bicameral conference report, as the House failed to do so due to a lack of quorum on the last session day.

The first national FOI policy was signed by former President Rodrigo Duterte through Executive Order 2, but covered only the executive branch. 

Despite this, the order lacked teeth and enforcement mechanisms. This was evident when Duterte withheld his own SALN for most of his administration from the public. 

In 2019, he became the first president in three decades to keep his SALN from public view.

RELATED: Duterte’s secret SALN: The lie of his FOI

The FOI’s goal of transparency was undermined when former Ombudsman Samuel Martires issued a memorandum requiring the filer to authorize the publication of their SALNs.

Made public on gov't websites

De Lima said House Bill 2897 would allow the public to request any record under the control of government agencies, so long as it is not exempt from disclosure.

The bills stressed the obligation of government agencies and public officials to disclose and allow scrutiny of information on official acts, transactions, decisions and research data for policies.

If passed, it would compel agencies to provide a clear process for submitting FOI requests, along with a status dashboard. Once a request is granted, the released information must be shared publicly. 

The agency must respond to a request within 15 working days upon receipt. If an extension is necessary, the requester must be notified, and the extension must not exceed 20 working days.

Penalty. Those who fail or refuse to comply may face imprisonment of one to six years and a fine of P100,000 to P1 million.

Authors. The bill’s principal authors include Rep. Leila de Lima (ML Party-list), Rep. Edgar Erice (Caloocan City, 2nd District), Rep. Adrian Amatong (Zamboanga del Norte, 3rd District), Rep. Kaka Bag-ao (Dinagat Islands, Lone District), Rep. Jaime Fresnedi (Muntinlupa City, Lone District), Rep. Cielo Krisel Lagman (Albay, 1st District) and Rep. Alfonso Umali Jr. (Oriental Mindoro, 2nd District).  

In the Senate, Sen. Kiko Pangilinan filed the counterpart measure, Senate Bill 720, on July 21.

What to watch out for. Despite repeated pledges of transparency and accountability — including in his fourth State of the Nation Address (SONA) — President Bongbong Marcos has yet to certify any freedom of information bill as urgent. 

Whether that shifts in the last three years of his term will reveal how far the Marcos Jr. administration is willing to go beyond rhetoric.