Here’s what you need to know about the FOI bill and how it can hold the government accountable

Aifer Jacutin, Daniela Dizon

Being informed has always been a priority in any democratic country. The problem is, many ordinary citizens always get trapped in the pit of misinformation. They accept information as “truth” without even verifying through credible sources. People no longer understand the borderline between truth and misinformation. Bad actors, then, utilize this advantage of misinformation to continue coercion.

In the country, citizens still struggle to analyze and even access basic government transparency records, important information, and spending records. In spite of the constitutional promise that gives the right to information, it is evident that the Philippines lacks an understanding of the Freedom of Information (FOI) law that assures public access to government information. 

The continuous political crisis, especially if rooted in misinformation, can distract the public from crucial issues; this becomes easier for political actors to maintain power even if they are generally bad-faith actors. 

Freedom of Information (FOI) Law

Senate of the Philippines Senate Bill No. 1432, also called the People’s Freedom of Information Act, seeks to institutionalize the constitutional right of Filipinos to access information on matters of public concern. Meaning, Filipinos should have the legal right to ask the government for information.

Contents of Senate Bill No. 1432

• Public records: The Government will be mandated and required to be transparent, especially if it involves the public interest. 
• Transparency: Officials would be required to publicly disclose information about their Statements of Assets, Liabilities, and Net Worth (SALN). 

History of the FOI Bill 

The Freedom of Information (FOI) Bill in the Philippines was rooted in the 1987 Constitution, which lawfully recognised the concerns and rights of its people to information. It was created with the purpose of giving citizens the right to legally access government records and promote the transparency of public documents to fight corruption and strengthen democracy. The proposed bill had undergone different versions and been going around since the early 1990’s in Congress. During the 14th Congress, the aforementioned bill was finally approved by the Senate in 2009. Unfortunately, the House of Representatives and other lawmakers failed to acknowledge and pass the bill even before the session ended. 

The FOI bill had been refiled in 2013 to 2014 under President Benigno Aquino III on his transparency campaign promise. The bill has been discussed, and some versions have been approved by the Senate and the House of Representatives, but the implementation has been delayed due to some arguments that it is still limited and contains many confidential concerns. 

In 2016, President Rodrigo Duterte signed the Freedom of Information Order that requires the executive branch to respond to public inquiries. Despite this major development, some organizations and lawmakers still want to improve the proposed bill and implement a holistic FOI law that includes even the judiciary and the Congress to be a part of its scope.

Progress on the Bicameral Process

The FOI bill is still one of the most controversial transparency solutions to corruption in the Philippines, long viewed by its proponents as a cornerstone solution to the country’s entrenched culture of corruption and public distrust in the government. Since its first filing decades ago, the proposed bill has still been continuously refiled in both the Senate and the House of Representatives by lawmakers who argue that guaranteed public access to government records is essential to meaningful accountability. 

A crucial milestone was reached in May 2026, when the Senate unanimously approved Senate Bill No. 1432, also known as the People’s Freedom of Information Act, with a 22-0 standing–marking the first time the chamber passed the measure under the MArcos administration. The bill enshrines in law the right of citizens to access public records across all branches of government, mandating the disclosure of government contracts, procurement documents, and the Statements of Assets, Liabilities, and Net Worth (SALNs) of public officials.

Shortly after, the House of Representatives passed its own version of the FOI bill, clearing the way for the measure to enter the bicameral conference committee process. In this stage, designated members from both chambers will convene to reconcile the differences between the Senate and House versions, with the goal of producing a unified bill that can be ratified by both chambers and transmitted to the President for signing into law. Despite this progress, the road to ratification is not without obstacles. Some lawmakers and government officials continue to express reservations, citing concerns over the confidentiality of sensitive state information and the potential for bad-faith exploitation of disclosed records.

Limitations on the existing laws

Article III, Bill of Rights, Section 7 recognizes the “right of the people to information on matters of public concern.” However, almost four decades had passed since the first FOI bill was filed, and none of its versions had ever been enacted. 

In 2016, there was progress when former President Rodrigo Duterte signed Executive Order No. 2, s. 2016, or the Freedom of Information. Although it mandates “full public disclosure of all government transactions involving the public interest,” it applies only to the Executive branch, leaving the other branches and constitutional bodies untouched.

In 2018, the Presidential Communications Operations Office (PCOO) and the Department of the Interior and Local Government (DILG) issued a Joint Memorandum Circular (JMC) reiterating EO No. 2 to the local level. Despite the progress, only a few local government units have successfully passed their ordinances. 

For the past decade, several FOI bills have been filed, and now, Senate Bill No. 1432, known as the ‘People’s Freedom of Information Act,’ is making progress as the Senate of the Philippines has approved it on its third and final reading. This bill, if enacted, will fill the gaps, recognizing the right to information covering executive, legislative, and judicial offices, constitutional bodies, local government units (LGUs), state universities and colleges (SUCs), government-owned or-controlled corporations (GOCCs), and other government instrumentalities.

Effectivity of existing initiatives

Through EO No. 2 s. 2016, the Electronic Freedom of Information (eFOI) portal was created, allowing Filipinos to request information about government transactions and operations. Two years after it started, the Philippine Center for Investigative Journalism (PCIJ) revealed the problems with the FOI implementation, including high rates of declined requests, overdue responses, and unsatisfactory results on the requests.

A study showed that FOI requests were being denied because government agencies do not have the information, some requests were not viewed as valid FOI requests, and requests were addressed to the wrong government agency. The same study noted that various agencies have different rules in processing requests. In 2022, a new feature was added to lessen the number of denied requests. Today, more improvements need to be made to further enhance the citizens’ experience when requesting information and to ensure the government’s transparency and accountability.

Philippines in the FOI Global Ranking

The Philippines scored 47 in the Global Right to Information (RTI) Rating, an indication that the citizens’ constitutional right to information is extremely poor. Compared to other countries, the Philippines’ performance places it near the bottom of the RTI rankings. Looking at the status of FOI in other countries, most have enacted legislation that began decades and years ago, which they have continually developed and expanded. 

The information commission in Mexico, called INIA, was regarded as a gold standard, ranking second in the world by the Centre for Law and Democracy. It facilitates requests for public information through its portal, the National Transparency Platform.  There were also reports that journalists were able to use the portal when investigating because it is user-friendly and efficient. 

Significance of FOI Law

An enacted Freedom of Information law is necessary to keep democracy alive and to boost economic opportunities. Access to information is a basic human right that enables people to make informed decisions. In a democratic country, FOI allows citizens to hold the government accountable and exercise their voice. For countries with established domestic FOI laws, research shows that citizens’ participation is enhanced, equitable economic development is advanced, and poverty and corruption are reduced. 

Danilo Arao, an Associate Professor from the University of the Philippines – Diliman (UPD), said in an interview with Tinig ng Plaridel that, “The FOI bill, in the eyes of the powers that be, is counterproductive to historical denialism and red tagging. [With FOI] it would be more convenient for the media and ordinary people to expose fake news.” Citing the significance of FOI law in the age where information continuously flows.

The FOI law, if passed, will also be beneficial to journalists, media workers, researchers, and the general public. A legal right to information can increase government transparency, openness, and responsiveness to information requests. Thus, it will allow everyone to keep the government in check. When people are informed, they can make an informed decision on how everything affects their everyday lives.

Non-governmental Organizations (NGOs) continue to call for the passage of the FOI bill. The Right to Know, Right Now! (R2KRN) Coalition stated, “The challenge before Congress is therefore not merely to pass any FOI bill, but to enact one that fully honors the constitutional command that the right to information is the people’s right, and disclosure, whether proactive or upon request, is the State’s duty.” 

An enabling law that recognizes the people’s right to information is crucial in keeping democracy alive. It is also essential for the public to assert and demand this right because silence can chain a nation. People can see and question only if they have the right to information.