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Administration of Public Archives

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Administration of Public Archives
Administration of Public Archives

 

AT A GLANCE:

Pursuant to Republic Act No. 9470, otherwise known as the National Archives of the Philippines Act of 2007, public archives are defined as public records which are under the custody and control of the National Archives of the Philippines (NAP). Prior to the transfer, government agencies must classify these records into two categories – one with open access and another with restricted access.

What are public archives?

Republic Act No. 9470, otherwise known as the National Archives of the Philippines Act of 2007 defines public archives under Section 4(v) as public records which are under the custody and control of the Executive Director of the National Archives of the Philippines (NAP).

 

How are Public Records Classified for Public Access? 

Section 30 of Republic Act No. 9470 states that when public records have been in existence for thirty (30) years or more are about to be transferred to the custody and control of the executive director under Section 20, the head of the controlling government office shall, in accordance with Republic Act No. 9470 , classify the records as either:

 

(1) Open access records; or

(2) Restricted access records

 

Take note that the head of a controlling government office may, at any time, change the classification of a public record, referred to in accordance with Republic Act No. 9470 

Open Access Records

Under Section 31(b) of Republic Act No. 9470, if there are no good reasons to restrict public access, or if no legal impediment exists that requires a public record to be withheld from public access, the head of the controlling government office shall classify the record as an open access record.

 

Restricted Access Records

On the other hand, if there are good reasons for restricting public access, or if such legal impediment exists requiring such public record to be withheld from public access, the head of the controlling government office shall, in consultation.with the executive director, determine the necessity to restrict public access to the public record for a specified period of time or permit such public access with conditions.

 

Take note that the period for which public access to a public record may be restricted\, may upon the written request of the executive director, be reviewed after the expiry of ten (10) years from: the date that the restriction is recorded in the Public Access Registry: Provided, That before its expiry, it may be extended for further periods as specified by the head of the controlling government office. (Section 37, Republic Act No. 9470)

 

A restriction on public access to a public record shall be noted in the Public Access Registry. (Section 31(g),Republic Act No. 9470)

 

Upon expiration of the restriction, a public record shall automatically become an open access record on the withdrawal of the restriction. (Section 31(e),Republic Act No. 9470)

 

Read also: Transfer of Public Records

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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