MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 812 October 16, 1975
DECREE ON LEGAL AND CULTURAL DEPOSIT
WHEREAS, the acquisition, organization and preservation of a nation's intellectual and cultural heritage is a prime duty of the State;
WHEREAS, the cultural heritage of the Filipino nation is manifested in, among others, a comprehensive national bibliography, the principal basis of which are the published and printed materials on legal deposit;
WHEREAS, these legal deposit materials are of great value to readers, researchers, and scholars;
WHEREAS, there also exists an imperative need to preserve published and printed materials for posterity, and against unforeseen events and calamities such as fires, earthquakes, floods, or wars that may cause untold destruction to our national culture; and
WHEREAS, it is believed that the best way of accomplishing these purposes is to provide that certain government libraries be made recipients and depositories of copies of such published and printed materials;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of...
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Presidential Decrees
Decree On Legal And Cultural Deposit
Presidential Decree No. 812
Summary of Presidential Decree No. 812 (Decree on Legal and Cultural Deposit)
Purpose and Rationale
- The acquisition, organization, and preservation of the nation's intellectual and cultural heritage is a prime duty of the State. (Preamble)
- The cultural heritage is manifested in a comprehensive national bibliography, based on published and printed materials on legal deposit. (Preamble)
- Legal deposit materials are valuable for readers, researchers, and scholars. (Preamble)
- There is a need to preserve published and printed materials against unforeseen events and calamities. (Preamble)
- The best way to accomplish these purposes is to make certain government libraries recipients and depositories of copies of such materials. (Preamble)
Deposit Requirements
- Within one month from the date a printed book is first delivered out of the press, the publisher shall furnish, free of charge and in the same finish as the best copies, two copies to the National Library, and a copy each to the University of the Philippines Main Library, the University of the Philippines Library at Cebu City, the Mindanao State University Library, and the Cultural Center of the Philippines Library. (Section 2a)
- Government departments, bureaus, offices, branches, provinces, municipalities, and government-owned or government-controlled corporations shall furnish two free copies of any printed book published by them to the National Library, and a copy each to the aforementioned libraries, within the same period. (Section 2b)
Definitions
- "Book" includes all printed literary works, musical arrangements, catalogues, periodicals, government publications, prints, photographs, drawings and other graphic arts, maps, plans, charts, and tables, and all supplements thereto, whether in their original form or adaptations or reproductions of the same, which are made available for sale or free distribution to the general public, but excludes legal documents, printed forms, trade circulars, timetables, and other commercial documents. (Section 3a)
- "Printed" means produced by printing, lithography, photography, duplication, or any like process. (Section 3b)
- "Printer" refers to the proprietor of the printing establishment. (Section 3c)
- "Publisher" refers to the person, natural or juridical, which undertakes the production of a book and its offer for sale or free distribution. The publisher may also be the printer. (Section 3d)
Additional Requirements for Government Publications
- Government departments, bureaus, offices, branches, provinces, municipalities, and government-owned or government-controlled corporations ordering the printing of any publication shall furnish, without charge to the National Library, at least fifty (50) copies of all printed reports or documents of any kind to serve as the mainstay of the exchange commitments of the National Library, both national and international. (Section 4)
Powers of the National Library Director
- The Director of the National Library is empowered to make use of, allocate or distribute the materials on legal deposit in the National Library in the manner he deems fit, and in the interest of educational or cultural advancement, scholarship, or research. (Section 5)
Record-Keeping and Publication
- The Director of the National Library shall keep a record of all materials received under Section 3, containing particulars such as title, author, subject matter, place of printing and publication, printer and publisher, date of issue and publication, number of pages, size, edition number, number of copies, price, and name and residence of the copyright proprietor. (Section 6)
- The records kept by the Director of the National Library shall be published in the Official Gazette at the end of each quarter, or not less than one month after the end of such quarter. (Section 7)
Exception for Copyrighted Works
- The provisions of Section 2 (deposit requirements) shall not apply in case of a copyrighted work. (Section 8)
Penalties for Non-Compliance
- In case of total or partial non-fulfillment of the deposit required under Section 2(A), the publisher shall, upon conviction, be liable to a fine of not less than fifty (P50.00) Pesos nor more than five hundred (P500.00) Pesos and shall also be obliged to deliver the materials published or printed. If the copy is no longer available, a reproduction thereof, or the value of the work, shall be added to the fine. (Section 9)
Repealing Clause and Effectivity
- All laws, executive orders, and/or administrative regulations inconsistent with this Decree are hereby repealed or modified accordingly. (Section 10)
- This Decree shall take effect three (3) months after its approval. (Section 11)
Purpose and Rationale
- The acquisition, organization, and preservation of the nation's intellectual and cultural heritage is a prime duty of the State. (Preamble)
- The cultural heritage is manifested in a comprehensive national bibliography, based on published and printed materials on legal deposit. (Preamble)
- Legal deposit materials are valuable for readers, researchers, and scholars. (Preamble)
- There is a need to preserve published and printed materials against unforeseen events and calamities. (Preamble)
- The best way to accomplish these purposes is to make certain government libraries recipients and depositories of copies of such materials. (Preamble)
Deposit Requirements
- Within one month from the date a printed book is first delivered out of the press, the publisher shall furnish, free of charge and in the same finish as the best copies, two copies to the National Library, and a copy each to the University of the Philippines Main Library, the University of the Philippines Library at Cebu City, the Mindanao State University Library, and the Cultural Center of the Philippines Library. (Section 2a)
- Government departments, bureaus, offices, branches, provinces, municipalities, and government-owned or government-controlled corporations shall furnish two free copies of any printed book published by them to the National Library, and a copy each to the aforementioned libraries, within the same period. (Section 2b)
Definitions
- "Book" includes all printed literary works, musical arrangements, catalogues, periodicals, government publications, prints, photographs, drawings and other graphic arts, maps, plans, charts, and tables, and all supplements thereto, whether in their original form or adaptations or reproductions of the same, which are made available for sale or free distribution to the general public, but excludes legal documents, printed forms, trade circulars, timetables, and other commercial documents. (Section 3a)
- "Printed" means produced by printing, lithography, photography, duplication, or any like process. (Section 3b)
- "Printer" refers to the proprietor of the printing establishment. (Section 3c)
- "Publisher" refers to the person, natural or juridical, which undertakes the production of a book and its offer for sale or free distribution. The publisher may also be the printer. (Section 3d)
Additional Requirements for Government Publications
- Government departments, bureaus, offices, branches, provinces, municipalities, and government-owned or government-controlled corporations ordering the printing of any publication shall furnish, without charge to the National Library, at least fifty (50) copies of all printed reports or documents of any kind to serve as the mainstay of the exchange commitments of the National Library, both national and international. (Section 4)
Powers of the National Library Director
- The Director of the National Library is empowered to make use of, allocate or distribute the materials on legal deposit in the National Library in the manner he deems fit, and in the interest of educational or cultural advancement, scholarship, or research. (Section 5)
Record-Keeping and Publication
- The Director of the National Library shall keep a record of all materials received under Section 3, containing particulars such as title, author, subject matter, place of printing and publication, printer and publisher, date of issue and publication, number of pages, size, edition number, number of copies, price, and name and residence of the copyright proprietor. (Section 6)
- The records kept by the Director of the National Library shall be published in the Official Gazette at the end of each quarter, or not less than one month after the end of such quarter. (Section 7)
Exception for Copyrighted Works
- The provisions of Section 2 (deposit requirements) shall not apply in case of a copyrighted work. (Section 8)
Penalties for Non-Compliance
- In case of total or partial non-fulfillment of the deposit required under Section 2(A), the publisher shall, upon conviction, be liable to a fine of not less than fifty (P50.00) Pesos nor more than five hundred (P500.00) Pesos and shall also be obliged to deliver the materials published or printed. If the copy is no longer available, a reproduction thereof, or the value of the work, shall be added to the fine. (Section 9)
Repealing Clause and Effectivity
- All laws, executive orders, and/or administrative regulations inconsistent with this Decree are hereby repealed or modified accordingly. (Section 10)
- This Decree shall take effect three (3) months after its approval. (Section 11)