Question & AnswerQ&A (Republic Act No. 9470)
Republic Act No. 9470 is known as the "National Archives of the Philippines Act of 2007".
The State's policy is to protect, conserve, promote and popularize the nation's historical and cultural heritage, including documentary records of Filipino culture, history, and governance, with utmost priority given to safeguarding public documents and records.
RA 9470 covers all public records with archival value held by government offices or private collections, including those of all government branches, constitutional offices, LGUs, GOCCs, state universities and colleges, and Philippine diplomatic offices abroad.
"Archives" refer to: (1) Public records and materials of enduring value selected for permanent preservation; (2) The place where archival materials are kept; and (3) An organization primarily tasked to select, collect, preserve, and provide access to archival records.
The Executive Director heads the National Archives of the Philippines and has functions including establishing policies on records management and archives administration, authorizing the disposal of public records, preserving archives, issuing guidelines on access to records, and coordinating government-wide records programs.
The Executive Director is appointed by the President and must be a Filipino citizen of good moral character and integrity, hold a master's degree in related fields (history, political science, public administration, library science, or information management), and have at least 10 years of actual experience in records management and archives administration.
All government offices must establish their archives and records office or unit within one year from the Act's effectivity, headed by a records officer or archivist from their organic personnel, in coordination with the DBM and the National Archives.
No public records can be disposed of, destroyed, or sold without prior written authority from the Executive Director of the National Archives, who must be given at least 30 days' notice with details about the records to be disposed and the place for additional information.
Violators may be fined from Five Hundred Thousand pesos to One Million pesos, or imprisoned from five to fifteen years, or both; they may also face administrative charges resulting in perpetual disqualification from public office and forfeiture of salary and lawful income, with possible court orders prohibiting access to the National Archives.
The restriction period may be reviewed after ten (10) years from when the restriction was recorded, and before expiry, the period may be extended by the head of the controlling government office.
Protected records are local government records containing data important for historical research and other essential aspects. Their disposal requires prior written notification to the Executive Director, specifying the intention and method of disposal, who may direct transfer to the National Archives or authorize disposal.
The Executive Director may grant approval to suitable archives or repositories for safekeeping public archives, inspect approved repositories, impose standards to preserve national interests, and direct the transfer of archives between repositories or to the National Archives.
The Executive Director has a fixed term of five (5) years and in case of vacancy, the appointee serves the unexpired term of the predecessor.
All government offices must keep an updated registry listing all public records under custody, records transferred to the National Archives, disposed records, deferred transfers, and public access restrictions or prohibitions on records.
Open access records, which have existed for thirty years or more and have no imposed restrictions, shall be made available for public inspection upon request as soon as reasonably practicable at the government office or National Archives.