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R.A. 9470.pdf | Records Management | Preservation (Library And Archival Science)



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5/14/2014 R.A. 9470 Today is Wednesday, May 14, 2014 Republic of the Philippines Congress of the Philippines Metro Manila Thirteenth Congress Third Special Session Begun and held in Metro Manila, on Monday, the nineteenth day of February, two thousand seven. Republic Act No. 9470 May 21, 2007 AN ACT TO STRENGTHEN THE SYSTEM OF MANAGEMENT AND ADMINISTRATION OF ARCHIVAL RECORDS, ESTABLISHING FOR THE PURPOSE THE NATIONAL ARCHIVES OF THE PHILIPPINES, AND FOR OTHER PURPOSES Be it enacted by the
  5/14/2014 R.A. 9470http://www.lawphil.net/statutes/repacts/ra2007/ra_9470_2007.html 1/13 Today is Wednesday, May 14, 2014 Republic of the PhilippinesCongress of the Philippines Metro Manila Thirteenth CongressThird Special Session Begun and held in Metro Manila, on Monday, the nineteenth day of February, two thousand seven. Republic Act No. 9470 May 21, 2007AN ACT TO STRENGTHEN THE SYSTEM OF MANAGEMENT AND ADMINISTRATION OF ARCHIVALRECORDS, ESTABLISHING FOR THE PURPOSE THE NATIONAL ARCHIVES OF THE PHILIPPINES, AND FOROTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled  : ARTICLE IGENERAL PROVISIONSSECTION 1. Short Title.  - This Act shall be known as the National Archives of the Philippines Act of 2007 . SEC. 2. Declaration of Policy.  - It is the policy of the State to protect, conserve, promote and popularize thenation's historical and cultural heritage and resources.The State shall pursue, conserve and promote the Filipino cultural heritage and resources including thedocumentary records of Filipino culture, history and governance.The State shall give utmost priority for the safeguard, protection and preservation of its public documents andrecords, not only as fundamental instruments for efficient and effective governance but also as essential tools for the preservation of the country's history and cultural memory.Towards this end, all public records with enduring value, held by government offices, including, but not limited to,all branches of government, constitutional offices, local government units (LGUs), government-owned and -controlled corporations (GOCCs), state universities and colleges, Philippine embassies, consulates and other Philippine offices abroad shall be transferred to a permanent government repository for proper management,control and regulation of record disposition. SEC. 3. Scope.  - This Act shall cover all public records with archival value, held by either government offices or private collections,, and (shall also cover archival and records management programs and activities in allbranches of government, whether national or local, constitutional offices, GOCCs, government financialinstitutions, state universities and colleges, Philippine embassies, consulates and other Philippine offices abroad. SEC. 4. Definition of Terms.  - For purposes of this Act, the following definitions shall hereby apply:(a) Agency head refers to the person responsible for the performance of a government office and/or theperson responsible for, the performance of the LGU, such as the chief executive elected under the LocalGovernment Code of 1991.(b) Approved repository refers to a repository to be established by the President, which is provided under this Act.(c) Archives shall refer to:(1) Public records, papers, periodicals, books or other items, articles or materials, whether in the formof electronic, audio-visual or print, which by their nature and characteristics have enduring value, thathave been selected for permanent preservation;   5/14/2014 R.A. 9470http://www.lawphil.net/statutes/repacts/ra2007/ra_9470_2007.html 2/13  e pace ungroomsorage area were arcva maeras are ep an preserve; an(3) An organization (or part of an organization) whose main function is to select, collect and preservearchival records and make such records available for public use.(d) Controlling government agency shall refer to:(1) Public office that controls the public records;(2) Public office that has the power to determine the conditions of access to the public archives; and(3) Any successor of a public office that is abolished, merged or reorganized.(e) Controlling local government shall refer to:(1) The LGU that has custody and control over the local government records; and(2) Any successor to the LGU that is abolished, merged or reorganized.(f) Executive Director refers to the head of the National Archives of the Philippines.(g) Disposal refers to the act of selling, burning or any other way of discarding valueless records inaccordance with the provisions of this Act.(h) Disposition refers to the systematic sorting out of records in the office storage whereby those classifiedas valuable records are permanently preserved and those which are classified as valueless are disposed of.(i) Estray record refers to a public record that is no longer under the custody and control of the National Archives or a controlling government office.(j) Government office refers to any public office, department, bureau, agencies and instrumentality,whether belonging to the national government or an LGU.(k) Judicial records refers to records presented to, or belonging to the Supreme Court including all the judicial courts and judicial organizations under its jurisdiction.(l) Legislative records refers to records presented to, or belonging to the Philippine Senate and the Houseof Representatives or any of its committees.(m) Local government archives refers to local government records that have been collected by thecontrolling LGU that served as historical evidences in the performance of its duties.(n) Local government records refers to records in any form, in whole or in part, created or received,whether before or after the effectivity of this Act, by an LGU in the conduct of its affairs.(o) National Archives refers to the National Archives of the Philippines, which is established andstrengthened under this Act.(p) Open access records refers to:(1) Public records that have been in existence for at least thirty (30) years or have been transferredunder the custody and control of the executive director, and that are classified as open accessrecords as referred to in Section 30 and to which public access have not been prohibited, under Section 31 of this Act; and(2) Local government archives that are no longer in use, or have been in existence for at least thirty(30) years and are classified as open access records referred under Section 32, and to which publicaccess have not been prohibited, under Section 33 of this Act.(q) President refers to the President of the Republic of the Philippines.(r) President's papers refers to records created or received, whether before or after the effectivity of this Act, by a President while holding office as a President of the Philippines.(s) Protected record refers to local government records containing data that are important from economic,social, political, legal, national security, scientific, cultural, technological or other aspects, which areindispensable for the research of historical past, for becoming acquainted with and understanding it, and/or for the continuous fulfillment of public duties and the realization of citizens' rights, which are not or onlypartially available from other sources.  5/14/2014 R.A. 9470http://www.lawphil.net/statutes/repacts/ra2007/ra_9470_2007.html 3/13 (t) Public access registry refers to public access register containing prohibition and restriction on theunauthorized disclosure and access of information in any public records.(u) Private archives refers to records belonging to private individuals and/or entities which are of enduringarchives value.(v) Public archives refers to public records that are under the custody and control of the executivedirector.(w) Public records refers to record or classes of records, in any form, in whole or in part, created or received, whether before or after the effectivity of this Act, by a government agency in the conduct of itsaffairs, and have been retained by that government agency or its successors as evidence or because of theinformation contained therein.(x) Records refers to information, whether in its srcinal form or otherwise, including documents,signatures, seals, texts, images, sounds, speeches, or data compiled, recorded, or stored, as the case maybe:(1) In written form on any material;(2) On film, negative, tape or other medium so as to be capable of being reproduced; or (3) By means of any recording device or process, computer or other electronic device or process.(y) Records center refers to an intermediate repository in which noncurrent records of various governmentoffices are stored until they can be destroyed or transferred to the National Archives.(z) Records management refers to the managerial activities involved with respect to records creation,records maintenance and use, transmission, retention and records disposition in order to achieve adequateand proper documentation of policies and transactions of government for its efficient, effective andeconomical operation.(aa) Restricted access records refers to records which access have been restricted because there exists alegal impediment and/or standard or advice issued by the executive director that requires such publicrecords to be withheld from public access.(bb) Standards refers to the circulars and orders issued by the executive director pursuant to theprovisions of this Act.(cc) Vital records refers to records containing information essential for: emergency operation during adisaster; the resumption and/or continuation of operations; the re-establishment of the legal, financialand/or functional status of the organization; and the determination of the rights and obligations of individualsand corporate bodies with respect to the organization. ARTICLE IIPURPOSE, OTHER PRELIMINARY PROVISIONS, AND KEY ADMINISTRATIVE PROVISIONSSEC. 5. Objectives.  - This Act is primarily aimed at:(a) Strengthening the existing system of management and administration of government archival records;(b) Defining the role of the executive director in developing and supporting government records keeping,including independent determinations on the disposal of public records and certain local governmentarchives;(c) Mandating government accountability in ensuring that full and accurate records of the affairs of nationalgovernment and the LGUs are maintained and preserved;(d) Enhancing public confidence in the integrity of public records keeping and management;(e) Ensuring the accessibility of public records that are relevant to the promotion and preservation of Philippine cultural heritage; and(f) Supporting the safekeeping of private records. SEC. 6. Establishment, Mandate and Functions.  - (a) There is hereby established a National Archives of thePhiliines where ublic archives shall be stored, reserved, conserved and made available to the ublic. The  5/14/2014 R.A. 9470http://www.lawphil.net/statutes/repacts/ra2007/ra_9470_2007.html 4/13  National Archives of the Philippines shall be attached to the National Commission for Culture and the Arts (NCCA)for budgetary purposes.(b) The National Archives of the Philippines shall be primarily responsible for the implementation of the objectivesand provisions of this Act. It shall plan, develop, prescribe, disseminate and enforce policies, rules and regulationsand coordinate government-wide programs governing the creation, general protection, use, storage anddisposition of public records including the acquisition, storage and preservation of public archives and providingfacilities for reference, research or other purposes.(c) The National Archives of the Philippines shall have the following functions:(1) Conduct archival researches using archival materials here and abroad and cause the publication anddissemination of valuable archival information subject to the open access provisions of this Act and other existing laws;(2) Facilitate the acquisition of a permanent and suitable building for the National Archives to house thecountry's archival holdings and public records;(3) Plan, formulate and implement a records management and archival administration program for theefficient creation, utilization, maintenance, retention, preservation, conservation and disposal of publicrecords including the adoption of security measures and vital records protection program for thegovernment;(4) Give technical assistance to all branches of government, whether national or local, constitutional offices,GOCCs, government financial institutions, state universities and colleges, Philippine embassies, consulatesand other Philippine offices abroad in the planning, implementation and evaluation of their public recordsmanagement and archives administration programs;(5) Conduct training programs on records and archives management including the establishment of anarchival system of both public and private sectors;(6) Acquire through transfer, donation, purchase or any other means public records and private archiveswhich in the judgment of the executive director has enduring archival value;(7) Ensure the preservation and conservation of existing and future archival resources of the government;(8) Issue, transmit and for authenticate reproduced copies, certified true copies or certifications on publicarchives and for extracts thereof;(9) Keep a registry of all public records under the custody and control of the National Archives of thePhilippines which shall be made available for public inspection, to include among others:(9.1) All public records transferred to regional archives, records center and the National Archives;(9.2) Public records disposed of under Sections 18 and 19;(9.3) A public access register that contains information on:(i) Restrictions on public access to public records imposed under Section 34;(ii) Prohibitions imposed under Section 36 on public access to public archives or protectedrecords in the control of the executive director;(iii) The grounds for the prohibitions and restrictions recorded under this paragraph; and(iv) The conditions agreed to under Section 23 as to public access for protected recordstransferred to the control of the executive director.(10) Obtain, recover, transfer and have custody and management of all the public archives not in thecustody of the National Archives:(11) Accept, store, preserve and conserve any public archive transferred to the National Archives;(12) Establish, maintain, operate regional archives and records centers and/or provide technical assistanceto government agencies on the establishment of agency records centers;(13) Identify and make copies of vital public records which are essential to the continuous operation or reconstruction of an organization during and after an emergency and also those records essential to the 
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