REPUBLIC ACT NO. 9470

(May 21, 2007)

RA 9470 creates the National Archives of the Philippines, ensuring record management and penalties for violations.

Purpose and Scope of the Law

The National Archives of the Philippines Act of 2007 aims to strengthen the management and administration of archival records in the Philippines. It establishes the National Archives of the Philippines as a permanent repository for public records with enduring value, ensuring their protection, conservation, and accessibility. The law emphasizes the importance of safeguarding the nation's historical and cultural heritage, promoting efficient governance through proper record-keeping, and enhancing public confidence in the integrity of public records.

The scope of the law encompasses all public records with archival value held by government offices, local government units (LGUs), government-owned and controlled corporations (GOCCs), and private collections. It mandates the transfer of such records to a designated repository for proper management and regulation.

Key Definitions and Terms

  • Agency Head: The individual responsible for a government office or LGU.
  • Approved Repository: A repository established by the President for the safekeeping of public archives.
  • Archives: Public records with enduring value, including various forms of media, and the institutions responsible for their preservation.
  • Controlling Government Agency: The public office that manages public records and determines access conditions.
  • Executive Director: The head of the National Archives of the Philippines.
  • Public Records: Records created or received by government agencies in the course of their duties, retained for their evidentiary value.
  • Open Access Records: Public records available for public inspection after a specified period.
  • Protected Records: Records containing sensitive information that require special handling and access restrictions.

Main Provisions and Their Explanations

Objectives (Section 5)

The Act aims to:

  • Strengthen archival management systems.
  • Define the executive director's role in records management.
  • Ensure accountability in maintaining public records.
  • Enhance public access to records relevant to cultural heritage.

Establishment of the National Archives (Section 6)

The National Archives of the Philippines is established as the central authority for managing public archives. It is responsible for developing policies, providing technical assistance, and ensuring the preservation of archival materials.

Management of Public Records (Sections 13-22)

  • Archives and Records Offices: All government offices must establish dedicated units for managing records.
  • Records Disposition Schedule: Government offices must prepare schedules for the disposal of records, subject to executive director approval.
  • Transfer of Public Records: Specific criteria govern the transfer of records to the National Archives, ensuring that valuable records are preserved.

Access to Records (Sections 30-37)

  • Classification of Records: Records are classified as open or restricted based on their age and sensitivity.
  • Public Access Registry: A registry is maintained to document access restrictions and conditions for public records.

Penalties and Offenses (Sections 40-46)

The Act establishes penalties for willful or negligent damage to public records, including fines and imprisonment. It also outlines the process for suspending public officers under investigation.

Significant Legal Principles or Doctrines Established

The law reinforces the principle of accountability in public record-keeping and establishes a framework for the preservation of the nation's historical and cultural heritage. It emphasizes the importance of transparency and public access to government records while balancing the need for confidentiality in certain sensitive documents.

Potential Implications or Impacts of the Law

The implementation of this law is expected to enhance the management of public records, improve access to historical documents, and foster a culture of accountability within government agencies. It may also lead to increased public interest in the nation's archival resources, promoting research and education related to Philippine history and culture. Additionally, the law's provisions for penalties may deter misconduct related to the handling of public records.