Published — May 12, 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 transfer of public records, read also: MANAGEMENT OF PUBLIC RECORDS UNDER REPUBLIC ACT NO. 9470
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Heads of government offices shall cause the transfer of the public records to the National Archives of the Philippines (National Archives)
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The executive director of the National Archives may defer the transfer of any public records
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Public records may be surrendered on demand
Previously, we wrote about Management of Public Records under the National Archives of the Philippines Act of 2007.
How should public records be transferred to the National Archives of the Philippines?
The law says:
Heads of government offices shall cause the transfer of the following public records under their control and custody, to the control and custody of the National Archives:
- Archival materials or collections of any government office which are more than thirty (30) years old and which can no longer be maintained and preserved;
- Noncurrent public records that, in the judgment of the executive director of the National Archives, are of permanent and enduring archival value or both to warrant their preservation;
- Public records of a government office that ceases to exist as a public office, or ceases to exercise a function to which its public records relate, unless otherwise provided by law that a government agency shall take over the responsibilities for those public records;
- Noncurrent public records of a government office that has thirty (30) years or more retention periods including inactive personnel records which are often referred to as the 201 files.
However, the executive director may defer the transfer of any public records if he or she is satisfied that by reason of the nature of the public records concerned, the immediate transfer of the public records would not be for the best interest of the administration of any public office or would be contrary to public interest.
Furthermore, the transfer of classified records shall be allowed only if with prior written consent of the head of the government office charged with the control and custody of public records.
May public records be surrendered on demand?
The law says:
Yes.
Public records, in the possession of a private person who has special permission to keep and handle records in the course of his official duties, which in the opinion of the executive director are or likely to be of permanent and enduring archival value, shall, on demand by the executive director or a proper officer be surrendered to the custody and control of the National Archives.
However, a public record, which is demanded, need not be surrendered if the head of the government office has permitted the person in custody to retain possession of the record.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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