Published — May 26, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading this article about management of public records, read also: ORGANIZATIONAL SECURITY MEASURES FOR THE PROTECTION OF PERSONAL DATA
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Public records refer to classes of records by a government in the conduct of its affairs
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Government offices shall regularly conduct an inventory of their records
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A public record may be disposed only if with the prior written authority of the executive director of the National Archives of the Philippines
What are Public Records?
The law says:
Public records refer to record or classes of records, in any form, in whole or in part, created or received, by a government agency in the conduct of its affairs, and have been retained by that government agency or its successors as evidence or because of the information it contains.
To manage records, Republic Act No. 9470 known as the National Archives of the Philippines Act of 2007 (RA 9470) established Archives and Records Offices. In addition, under RA 9470, all government offices shall regularly conduct an inventory of their records and shall be mandated to keep the following data in their respective registry:
- All public records under its custody;
- All public records transferred to the National Archives of the Philippines;
- Public records disposed of with authority;
- Data of deferred transfer; and
- A public access register that contains information on:
- Restrictions on public access to public records;
- Prohibitions on public access to public archives or protected records under the control of the executive director of the National Archives of the Philippines;
- The grounds for the prohibitions and restrictions; and
- The conditions agreed to as to public access for protected records.
Furthermore, all government offices, including Government-Owned and Controlled Corporations (GOCC’s) shall prepare and submit a records disposition schedule in the prescribed form, which upon the approval of the executive director shall govern the disposition of all records of that government office. Also, please take note that no government department, bureau, agency and instrumentality shall dispose of, destroy or authorize the disposal or destruction of any public records, which are in the custody or under its control except with the prior written authority of the executive director.
In such a case, the executive director shall authorize in writing the disposition of a public record other than the following:
- Transferring control of the public record to another government office;
- Transferring control of the public record to the executive director;
- Destroying the public record; or
- Selling the public record.
Before authorizing a disposition of a public record, the head of a government office shall give the executive director at least thirty (30) days notice prior to:
- The intention to transfer control of the public record, with a general list and description of the public record concerned;
- The intention to dispose of the public record, with a general list and description of the public record concerned; and
- The place where additional information may be obtained on the public record concerned and the person to whom any comments may be sent.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding illegal dismissal, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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