AT A GLANCE:
Republic Act No. 9470, otherwise known as the National Archives of the Philippines Act of 2007, requires government offices to transfer certain public records to the National Archives of the Philippines (NAP) for proper archival preservation and management. The Executive Director of the NAP may defer the transfer when immediate transfer would prejudice the administration of a public office or be contrary to public interest, while classified records may only be transferred with the prior written consent of the government office head concerned. Certain public records of permanent or enduring archival value that are in the possession of private persons may likewise be surrendered to the NAP upon demand.
When Should Public Records Be Transferred to the National Archives of the Philippines?
Section 20 of Republic Act No. 9470 requires the heads of government offices to transfer certain public records under their custody to the National Archives of the Philippines (NAP) for preservation and proper archival management.
These include:
- archival materials or collections that are more than thirty (30) years old and can no longer be adequately maintained or preserved by the government office;
- noncurrent public records which, in the judgment of the Executive Director of the NAP, possess permanent or enduring archival value;
- public records of a government office that has ceased to exist or no longer performs the functions to which the records relate, unless another government agency is designated by law to assume responsibility for such records; and
- noncurrent public records subject to retention periods of thirty (30) years or more, including inactive personnel records commonly referred to as “201 files.”
These requirements apply regardless of whether the records are maintained in physical or electronic form, provided they qualify as public records under the law and applicable records management policies.
May the transfer of public records be deferred?
Yes. Under Section 20(b) of Republic Act No. 9470, the Executive Director of the National Archives of the Philippines may defer the transfer of public records if, considering the nature of the records, immediate transfer would not serve the best interests of government administration or would be contrary to the public interest.
In addition, Section 21 of Republic Act No. 9470 provides specific instances where the requirement to transfer public records does not apply. These include public records whose disposition is governed by specific laws or regulations, records whose transfer has been deferred by written agreement between the head of the controlling government office and the Executive Director, and public records in electronic form when the Executive Director instructs the controlling government office in writing to continue maintaining and controlling them after the expiration of the thirty (30)-year period.’
May Classified Public Records Be Transferred?
The transfer of classified records is allowed only with the prior written consent of the head of the government office charged with the control and custody of the public records.
This is expressly provided under Section 20(c) of Republic Act No. 9470.
May Public Records Be Surrendered Upon Demand?
Yes.
Section 20(e) of Republic Act No. 9470 states that public records that are in the possession of a private person by virtue of special authority or permission granted in connection with the performance of official duties, and which the Executive Director determines to have permanent and enduring archival value, may be required to be surrendered to the custody and control of the National Archives.
However, the records need not be surrendered if the head of the concerned government office has authorized the person to retain possession of the records in accordance with law and applicable regulations.
As with all records management activities involving government records, agencies should likewise ensure compliance with applicable laws on confidentiality, access to information, and the protection of personal data whenever public records contain sensitive or personal information.
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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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