QuestionsQuestions (Republic Act No. 9470)
It is known as the “National Archives of the Philippines Act of 2007.”
The State shall protect, conserve, promote, and popularize the nation’s historical and cultural heritage and resources, including documentary records of Filipino culture, history, and governance; it gives utmost priority to safeguard, protect, and preserve public documents and records for governance and historical memory.
All public records with archival value held by government offices or private collections, including archival and records management programs and activities across all branches of government (national and local), constitutional offices, GOCCs, government financial institutions, SUCs, and Philippine offices abroad.
“Archives” includes: (1) public records selected for permanent preservation because of enduring value; (2) the physical place where archival materials are kept and preserved; and (3) an organization (or part of an organization) whose main function is to select, collect, and preserve archival records and make them available for public use.
The head of the National Archives of the Philippines.
Key functions include: issuing policies/standards/guidelines and guides; examining and determining preservation of records of enduring value; authorizing disposal of public records; preserving public archives; acquiring records/archives with enduring archival value; determining access measures; maintaining security and reporting loss; conducting counter-disaster planning; training and technical assistance; issuing rules on transfers/disposal/public admission; and keeping required registries.
A Filipino citizen, of good moral character and unquestionable integrity; a master’s degree in specified fields; and 10 years of actual experience in records management and archives administration.
No office may dispose/destroy public records without prior written authority of the executive director (Sec. 18). The executive director authorizes specific disposition modes such as transfer of control, transfer to the executive director, destruction, or selling of records (Sec. 19), subject to notice requirements by the head of the government office.
They must transfer: archival materials/collections more than 30 years old that can no longer be maintained and preserved; noncurrent public records deemed by the executive director of permanent and enduring archival value; records of offices that cease to exist or cease to exercise functions; and noncurrent records with retention periods of 30 years or more (including inactive personnel records often called “201 files”).
Deferred transfers are allowed when: (1) the disposition is governed by specific acts/laws/regulations; (2) the controlling office head and executive director agree in writing to defer transfer for a specified period with agreed conditions; or (3) the records are electronic and the executive director instructs the office in writing to continue maintaining and controlling them after the 30-year period (with the instruction identifying records, possibly prescribing conditions, and specifying a transfer date).
It is a registry to record restrictions/prohibitions and conditions relating to public access. It includes: (1) restrictions imposed on public access under Section 31; (2) prohibitions under Sections 36 on public access to public archives or protected records under executive director control; (3) the grounds for such prohibitions/restrictions; and (4) the conditions agreed upon for public access to protected records transferred to the executive director (Section 23).
When public records are 30 years old or more and about to be transferred, the head of the controlling government office classifies them as either open access or restricted access. If no good reason/legal impediment exists to restrict access, they must be classified as open access; otherwise, access may be restricted for a specified period or permitted with conditions, in consultation with the executive director.
No. Accessing or replicating a public archive or protected record under the control and custody of the National Archives is deemed prohibited.
Unless otherwise provided, open access records must be made available for public inspection as soon as reasonably practicable after a request, to the government office/LGU/approved repository/National Archives whichever has possession.
Any public officer committing unlawful acts or omissions may be punished by a fine of not less than P500,000 but not exceeding P1,000,000 and/or imprisonment of not less than 5 years but not more than 15 years, at the court’s discretion, without prejudice to administrative charges that may lead to perpetual disqualification and forfeiture of salary/income.
No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution for an offense under the Act or relevant provisions of the Revised Penal Code.