Law Summary
Declaration of Policy
- State policy to protect, conserve, promote Filipino cultural heritage and documentary records.
- Priority on safeguarding public documents as tools for effective governance and preserving history.
- Mandates transfer of all public records with enduring value to a permanent government repository for management.
Scope
- Covers all public records with archival value from government offices or private collections.
- Applies to all branches of government, constitutional offices, LGUs, GOCCs, SUCs, Philippine diplomatic offices abroad.
Definition of Terms
- Detailed definitions covering agency heads, approved repositories, archives (both as records and organizations), controlling agencies, types of records (judicial, legislative, local government, public, private, vital, restricted, etc.), and other terms crucial for understanding the Act’s provisions.
Objectives
- Strengthen archival records management and administration.
- Define Executive Director’s roles including disposal determinations.
- Ensure government accountability and public confidence in record-keeping.
- Facilitate accessibility of records related to cultural heritage.
- Support safekeeping of private records.
Establishment, Mandate, and Functions
- Establishment of the National Archives of the Philippines attached to NCCA for budgetary purposes.
- Responsible for policy formulation, coordination, preservation, public access, technical assistance, training, acquisition, disaster planning, and publication regarding public records.
Officials and Staff
- Headed by an Executive Director (bureau director rank) assisted by two deputies.
- Executive Director appointed by the President with a fixed five-year term.
- Existing staff absorbed; reorganization may be recommended.
Executive Director Qualifications and Functions
- Qualifications: Filipino citizen, good moral character, master’s degree in relevant fields, extensive experience in archives administration.
- Functions include establishing policies, reviewing records, authorizing dispositions, ensuring preservation, managing access, entering agreements, and issuing rules/regulations.
Power of Review and Delegation
- Executive Director may review and declassify classified records.
- Power to delegate duties temporarily or functionally subject to executive orders.
Appointment of Consultants
- Executive Director may appoint consultants for archival research, documentation, and publications.
Archives and Records Offices in Government Units
- All government offices must establish archives and records units within one year.
Registration, Accreditation, and Inventory
- National Archives to institute registration and accreditation for public archives.
- Government offices required to conduct regular inventory and maintain registries of records, including information on transfers, disposals, and access restrictions.
Records Disposition Schedules
- Government offices to prepare schedules for disposition of records; National Archives to develop general schedules.
Disposal and Transfer of Public Records
- Disposal or destruction of records requires prior written authority from the Executive Director.
- Transfer mandates public records over 30 years old or those with permanent archival value to the National Archives.
- Deferred transfer allowed under certain conditions.
Establishment of Regional Archives and Records Centers
- Regional Archives: handle storage, preservation, servicing for regional records.
- Records Centers: Intermediate storage for noncurrent records.
- Agency Records Centers: Maintenance units in each government office.
Protected Records of Local Governments
- Executive Director may declare certain local government records as protected.
- Disposal of protected records requires notice and authorization.
Approved Repositories
- Executive Director may approve, inspect, regulate repositories such as museums or libraries for safekeeping public archives.
Standards, Inspection, and Reporting
- Standards published prior to effectivity.
- Executive Director may inspect records systems with limitations.
- Government offices must report on record-keeping.
- Periodic audits conducted by the National Archives.
Public Access to Records
- Classification of records into open or restricted access after 30 years.
- Access restrictions based on legal, security, or policy grounds.
- Public can inspect open access records except as otherwise provided.
- Publication or replication of public archives regulated by the Executive Director.
Prohibited Acts and Penalties
- Willful or negligent damage, improper disposal, or noncompliance constitutes an offense.
- Penalties include fines from P500,000 to P1,000,000, imprisonment from 5 to 15 years, administrative sanctions up to disqualification from public office.
- Court may prohibit convicted persons from accessing the National Archives.
Jurisdiction and Prescription
- Prosecutions under the Act fall under Regional Trial Courts.
- Offenses prescribe after twenty-five years.
Administrative Provisions
- Abolition of Records Management and Archives Office; assets and personnel transferred to the National Archives.
- Executive Director empowered to reorganize the National Archives.
- Suspension and loss of benefits for public officers under investigation or convicted.
- Acquisition of permanent buildings to house records.
Implementing Rules and Final Provisions
- Rules to be promulgated within 90 days coordinating with relevant agencies.
- Repeal of prior inconsistent laws and orders.
- Separability clause ensuring validity of unaffected provisions.
- Effectivity 15 days after publication in Official Gazette or two newspapers of general circulation, whichever earlier.