AN ACT TO STRENGTHEN THE SYSTEM OF MANAGEMENT AND ADMINISTRATION OF ARCHIVAL RECORDS

Case Overview and Summary

Summary of the National Archives of the Philippines Act of 2007

Declaration of Policy (Section 2):
- The State shall protect, conserve, promote and popularize the nation's historical and cultural heritage and resources.
- The State shall pursue, conserve and promote the Filipino cultural heritage and resources including documentary records.
- The State shall give utmost priority for the safeguard, protection and preservation of public documents and records.
- All public records with enduring value shall be transferred to a permanent government repository.

Scope and Definition of Terms (Sections 3 and 4):
- The Act covers all public records with archival value, held by government offices or private collections.
- It covers archival and records management programs and activities in all branches of government.
- Definitions are provided for various terms used in the Act, such as "archives", "public records", "records", "vital records", "protected records", "open access records", "restricted access records", and others.

Establishment, Mandate and Functions of the National Archives of the Philippines (Sections 6 and 6c):
- The National Archives of the Philippines is established as the primary repository for public archives.
- It is responsible for implementing the objectives and provisions of the Act.
- Its functions include:
    - Conducting archival research and publishing archival information (Section 6c(1))
    - Facilitating the acquisition of a permanent building for the National Archives (Section 6c(2))
    - Planning, formulating and implementing records management and archival administration programs (Section 6c(3))
    - Providing technical assistance to government offices on records management and archives administration (Section 6c(4))
    - Conducting training programs on records and archives management (Section 6c(5))
    - Acquiring public records and private archives of enduring archival value (Section 6c(6))
    - Ensuring the preservation and conservation of archival resources (Section 6c(7))
    - Issuing and authenticating copies of public archives (Section 6c(8))
    - Keeping a registry of public records, including a public access register (Section 6c(9))
    - Obtaining, recovering, transferring and managing public archives (Section 6c(10))
    - Accepting, storing, preserving and conserving public archives (Section 6c(11))
    - Establishing, maintaining and operating regional archives and records centers (Section 6c(12))
    - Identifying and making copies of vital public records (Section 6c(13))
    - Publishing public archives subject to terms and conditions (Section 6c(14))

Officials and Staff (Section 7):
- The National Archives shall be headed by an Executive Director with a rank equivalent to a bureau director, assisted by two Deputy Executive Directors.
- The Executive Director shall be appointed by the President for a fixed term of five years.
- The existing staffing pattern shall be maintained, with the Executive Director recommending reorganization within a year.

Qualifications and Appointment of Executive Director and Deputy Executive Directors (Section 8):
- The Executive Director and Deputy Executive Directors must be Filipino citizens of good moral character and integrity.
- The Executive Director must have a master's degree and ten years of experience in records management and archives administration.
- The Deputy Executive Directors must have a master's degree and five years of experience.

Functions of the Executive Director (Section 9):
- Establishing policies, standards and guidelines related to public records management and archives administration (Section 9a)
- Examining, identifying, classifying and preserving records of enduring historical value (Section 9b)
- Directing and determining the mode of disposing or destroying public records (Section 9c)
- Taking measures to preserve and conserve public archives (Section 9d)
- Acquiring public records and private archives of enduring historical value (Section 9e)
- Determining measures on access and usage of public archives (Section 9f)
- Providing maintenance, security and reporting any loss of public records (Section 9g)
- Entering into agreements with archival institutions to acquire or copy original documents (Section 9h)
- Establishing government-wide programs on public records and archives counter disaster planning (Section 9i)
- Establishing linkages with organizations engaged in public records management and archives administration (Section 9j)
- Ensuring the safekeeping of a Registry (Section 9k)
- Issuing rules and regulations for various purposes related to public records management and archives administration (Section 9l)

Power of Review and Declassification (Sections 10 and 10c):
- The Executive Director has the power to review and declassify classified records in the custody and control of the National Archives, in accordance with existing laws and regulations.

Power to Delegate (Section 11):
- The Executive Director may delegate duties to an acting director or other persons, subject to conditions and limitations.

Appointment of Consultants (Section 12):
- The Executive Director may appoint consultants to assist with archival research, documentation work, and other activities as necessary.

Management of Public Records (Sections 13-24):
- All government offices shall establish their archives and records office/unit within a year (Section 13).
- A system of registration and accreditation of public archives shall be instituted (Section 14).
- Government offices shall conduct an inventory of their public records and keep a registry (Section 15).
- Government offices shall prepare and submit records disposition schedules (Sections 16 and 17).
- Disposal of public records requires prior written authority from the Executive Director (Section 18).
- The Executive Director shall authorize the disposition of public records, including transfer, destruction or sale (Section 19).
- Public records shall be transferred to the National Archives under certain conditions (Section 20).
- Deferred transfers of public records may be allowed under certain conditions (Section 21).
- Regional archives, records centers and agency records centers may be established (Section 22).
- Protected records of local governments shall be adequately protected and preserved (Section 23).
- The Executive Director may approve repositories for depositing public archives (Section 24).

Standards, Inspection, Reporting and Audit (Sections 25-29):
- Standards issued by the Executive Director shall be published in the Official Gazette or a newspaper before taking effect (Section 25).
- The Executive Director may inspect the system and procedure of maintaining public records, with certain exceptions (Section 26).
- The Executive Director may direct government offices or approved repositories to report on their record keeping practices (Section 27).
- The Executive Director shall make an annual report to the President on the state of record keeping within government offices (Section 28).
- The Executive Director shall conduct a periodic inspection and audit of records holdings (Section 29).

Administration of Public Archives (Sections 30-37):
- Public records to be transferred to the National Archives shall be classified as open access or restricted access records (Section 30).
- Grounds for determining access status are provided, considering legal impediments and reasons for restricting public access (Section 31).
- Access status of local government records shall be classified as open access or restricted access (Section 32).
- Grounds for determining access status of local government records are provided (Section 33).
- Open access records shall be made available for public inspection as soon as practicable (Section 34).
- The Executive Director may authorize the publication or replication of open access public archives (Section 35).
- Public access or replication of public archives or protected records under the control of the National Archives is prohibited (Section 36).
- The period for restricting public access to records may be reviewed and extended (Section 37).

Miscellaneous Provisions (Sections 38-47):
- The Records Management and Archives Office is abolished, and its assets, contracts and personnel are transferred to the National Archives (Section 38).
- The Executive Director has the authority to reorganize the structure and staffing pattern of the National Archives (Section 39).
- Offenses and penalties for violations of the Act are specified, including fines and imprisonment (Sections 40 and 41).
- Prosecutions shall be within the jurisdiction of the proper regional trial court (Section 42).
- Offenses under the Act shall prescribe in twenty-five years (Section 43).
- Public officers shall not be allowed to resign or retire pending investigation or prosecution (Section 44).
- Public officers shall be suspended from office during criminal prosecution and may lose benefits upon conviction (Section 45).
- The National Archives shall acquire buildings and facilities to accommodate permanent and vital public records (Section 46).
- The current director of the Records Management and Archives Office shall promulgate implementing rules and regulations within ninety days (Section 47).

Final Provisions (Sections 48-50):
- Repealing clause for inconsistent laws, orders and regulations (Section 48).
- Separability clause in case any portion of the Act is declared unconstitutional (Section 49).
- The Act shall take effect fifteen days after publication in the Official Gazette or at least two national newspapers (Section 50).