MANILA, Philippines - Voting unanimously, the Senate approved Monday on third and final reading the proposed Freedom of Information Act of 2009 which mandates full and automatic disclosure of government transactions affecting public interest, as provided in the Constitution.

Senate Bill 3308 also imposes a one to six month jail term to any public official or employee who prevents the exercise of this constitutional right. 

SB 3308 is a substitute bill prepared by the committees on public information and mass media chaired by Sen. Alan Peter Cayetano, and civil service and government reorganization chaired by Sen. Antonio Trillanes. Nearly the entire slate of senators are listed as co-authors.

Under the bill, government agencies shall "make available to the public for scrutiny, copying and reproduction in the manner provided by the act all information pertaining to official acts, transactions or decisions, as well as government research data used as basis for policy development, regardless of their physical form or format in which they are contained and by whom they were made."

Access to information may be denied when the information directly related to national defense and its revelation would cause grave damage to the internal and external defense of the state in the event of war, invasion or rebellion. However, any such information must be kept secret under guidelines established by an executive order.

The restriction also applies if the information requested pertained to internal and external defense and law enforcement and its disclosure would render a legitimate military or police operation ineffective, unduly compromise the prevention, detection or suppression of a criminal activity or endanger the life or physical safety of confidential or protected sources or witnesses, law enforcement and military personnel or their immediate families.

However, information relating to details of the administration, budget and expenditure, and management of the defense and law enforcement agencies shall always be accessible to the public.

SB 3308 also allows for information to be withheld if it pertained to foreign affairs and its revelation unduly would weaken government's negotiating position ongoing bilateral or multilateral negotiation, or seriously jeopardize diplomatic relations with friendly states.

On the other hand, SB 3308 supports a person's right to privacy on information of a personal nature; unless such information forms part of a public record, or if the person is/was an official of government and the information relates to his or her public function and he has consented to its disclosure.

Any person who wishes to obtain information from any government agency shall submit a request to the agency concerned by mail, or through electronic means. government agencies may charge a  reasonable fee to reimburse the actual cost of reproduction, copying or transcription and the communication of the information required.