NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
24 MAY 20 R2:19
Introduced by Senator Loren Legarda
AN ACT
TO FURTHER STRENGTHEN THE GOVERNMENT SYSTEM OF RECORDS 
MANAGEMENT AND ARCHIVES ADMINISTRATION, 
ESTABLISHING FOR THE PURPOSE THE NATIONAL ARCHIVES AND 
RECORDS MANAGEMENT AUTHORITY, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The value of recorded history cannot be gainsaid: through letters, diaries, notes, 
and other papers, we are transported into the time and presence of our predecessors. 
What we learn from them through these records is relevant not only to us as 
individuals, but to our social institutions and people.
It should thus follow that preserving, studying, and promoting the knowledge 
of these records are of great importance worthy of the attention and resources of our 
government. In 2007, Congress acknowledged this fact by enacting Republic Act No. 
9470, creating the National Archives of the Philippines (NAP) in order to strengthen 
the government's system of records management and archive administration.
Regrettably, in the years since the law has been enacted, it has become apparent 
that there are several areas of implementation that fail to reach its goals. For one, 
government agencies have treated the NAP as subordinate with respect to records 
management, failing or outright refusing to comply with the guidelines for records 
management set by the NAP and often treating it merely as a dumping ground for


unwanted files. For another, there are issues in jurisdiction among the NAP and the 
other historical and cultural agencies that have not been clarified in any law or charter 
that are the cause of continuing disagreement. Finally, attempts by the NAP to 
innovate or introduce new programs to safeguard our history have not been granted 
the support such measures should warrant. For these and many other reasons, a 
revision of the law is necessary.
In line with this, this measure seeks to establish an enhanced agency to lead 
government with respect to records management and archive administration. The 
National Archives and Records Management Authority (NARMA) will address all the 
issues encountered in the application of R.A. 9470 and shall also have greater power 
and flexibility to address any unexpected issues that may arise in the future.
The National Archives of the Philippines has the distinction—and burden—of 
having the largest number of records kept in Southeast Asia: 60 million, spanning the 
centuries of Spanish rule, American colonization, Japanese occupation, and finally the 
years of the Republic. Despite this gargantuan responsibility, it has no permanent site, 
its facilities have twice been burned in the last decade, and it has struggled to fulfill 
its mandate despite advances in modern technology. The National Archives of the 
Philippines merits far greater support and discretion than it has thus far received.
In view of the foregoing, the early passage of this bill is earnestly requested.
LOREN LEGARDA


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
s. n2686
c? I !L'.! 
of tiif ■ -Plorv
24 MAY 20 P12 *19
Introduced by Senator Loren B. Legarda
AN ACT
TO FURTHER STRENGTHEN THE GOVERNMENT SYSTEM OF RECORDS 
MANAGEMENT AND ARCHIVES ADMINISTRATION, 
ESTABLISHING FOR THE PURPOSE THE NATIONAL ARCHIVES AND 
RECORDS MANAGEMENT AUTHORITY, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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SECTION 1. Republic Act No. 9470, otherwise known as the "National
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Archives of the Philippines Act of 2007," is hereby amended to read as follows:
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"ARTICLE I
GENERAL PROVISIONS
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SEC 1. Short Title. — This Act shall be known as the "National Archives 
and Records Management Authority Act of 2024".
SEC 2. Declaration of Policy. — x x x
SEC 3. Objectives. - This Act shall be construed and implemented to meet the 
following objectives:
a) Strengthening the existing system of management and administration of 
public records and archives, including electronic records;


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b) Mandating accountability in ensuring that full and accurate records of 
all government policy and action are created, maintained, and 
preserved;
c) Ensuring the systematic and timely disposal of valueless records;
d) Enhancing public confidence in the integrity of public record-keeping 
and management;
e) Ensuring the accessibility of public records relevant to the promotion 
and preservation of Philippine cultural heritage and the people's right 
to information;
f) Protecting, preserving, conserving, and promoting the nation's 
documentary heritage, both in the public and private sectors;
g) Supporting the safekeeping of private archives; and
h) Strengthening the role of the NARMA in developing and supporting 
government record-keeping and archival management;
SEC 4. Scope. — This Act shall cover all records, as defined in this Act, 
held in both government offices or private collections, as well as archival and 
records management programs and activities in all branches of government, 
including local government units and regional governments, constitutional 
offices, and other government instrumentalities.
SEC 5. 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 the person responsible for the performance 
of an LGU, such as the chief executive elected under the Local 
Government Code of 1991.
b) "Agency Records Center" refers to the storage of non-current records to 
be managed and operated by each government office concerned or by a 
private entity contracted by a government agency, as approved by the 
NARMA.


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c) "Approved repository" refers to a repository to be established by the 
Director General, which is provided under this Act.
d) "Appraisal" is the systematic study of records to determine whether 
they possess archival value necessitating preservation;
e) "Archives" shall refer to:
1) X X X
2) XXX
3) XXX
f) "Archival materials" shall refer to records, papers, periodicals, books or 
other items, articles or materials, whether in the form of electronic, 
audio-visual or print or other forms, which by their nature and 
characteristics have archival value;
g) "Archival value" refers to the ongoing usefulness or significance of 
records, based on the administrative, legal, fiscal, evidential, or 
historical information they contain, justifying their continued 
preservation;
h) "Audio-visual materials" shall refer to non-textual materials such as 
films, audio-visual negatives, prints, sound or video recordings, or 
digital files, including, but not limited to, moving films, documentaries, 
and animation;
i) "Controlling government agency" shall refer to:
1) X X X
2) XXX
3) X X X
j) "Controlling local government" shall refer to:
1) X X X
2) XXX
k) "Director General" refers to the head of the National Archives and 
Records Management Authority.


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l) "Disposal" is the act of discarding or destruction of valueless records in 
accordance with the provisions of this Act.
m) "Disposition" refers to the systematic movement of records in the office 
storage whereby those classified as valuable records are permanently 
preserved and those which are classified as valueless are disposed of.
n) "Electronic records" refer to information recorded in machine-readable 
form, including records created, captured, generated, sent, received, and 
stored in electronic records systems.
o) "Estray record" refers to a public record that is no longer under the 
custody and control of the NARMA or a controlling government office.
p) "Filipino masters" shall refer to preeminent or historically noteworthy 
Filipino artists of Philippine art historical styles, who may or may not 
legally qualify or be otherwise proclaimed as National Artist, 
particularly those who died before 1972.
q) "Government office" refers to any public office in all branches, 
subdivisions, instrumentalities, agencies and entities of the government, 
including, but not limited to, national government agencies, 
constitutional offices, local government units (LGUs), government- 
owned and controlled corporations (GOCCs), state and local 
universities and colleges, courts, legislative and judicial offices, local 
water instrumentalities, Philippine embassies, consulates, and other 
Philippine offices abroad, and other instrumentalities of government.
r) "Important cultural property" shall refer to a cultural property that has 
exceptional cultural, artistic, and historical significance to the 
Philippines, and has been officially declared as such by law or the 
pertinent cultural agency or agencies.
s) "Judicial records" refer to x x x.
t) "Legislative records" refer to x x x.
u) "Local government archives" refer to x x x.
v) "Local government records" refer to x x x.


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w) "Metadata" refers to the context of electronic documents, which provide 
information about the location of the document, its author, and the date 
it was created, among others.
x) "National Cultural Treasure" refers to a unique cultural property 
found-locally possessing outstanding historical, cultural, artistic, 
and/or scientific value, is highly significant and important to the 
country and nation, and has been officially declared as such by law or 
the pertinent cultural agency or agencies.
y) "National heroes" shall refer to deceased personalities whose deeds 
inspired the Filipinos to have a concept of a nation and to contribute to 
the defense, interest, betterment, and quality of life of their fellow 
countrymen, society, and homeland. They were and continuously being 
honored by the people nationally through commemorations, 
monuments or shrines, coins, and stamps, among others.
z) "Non-current records" refer to files that deal with completed or 
adjourned business not needed for action or reference in continuing 
agency transactions but which may be preserved and occasionally used 
for legal, historical or operational purposes;
aa) "Open access records" refer to public records, whether in the custody 
and control of the controlling government agency or the NARMA, 
which have been in existence for at least thirty (30) years, and to which 
public access have not been otherwise prohibited by the controlling 
government office or the NARMA, as the case may be.
bb) "President" refers to the President of the Philippines.
cc) "President's papers" refer to records and other documentary 
materials created or received by the President, the President's 
immediate staff, or a unit or individual of the Office of the President 
whose function is to advise or assist the President, while holding office 
as President of the Philippines.
dd) "Private archives" refer to records with archival value belonging to 
private individuals and/or entities.


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ee)
"Protected record" refers to x x x.
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ff)
"Public access registry" refers to a register available to the public that
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contains information regarding access to public records, including any
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restrictions or unauthorized disclosures.
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gg)
"Public Archives" shall refer to:
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1) Public records that are determined to have archival value; and
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2) Private archives that are acquired by NARMA under the
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provisions of this Act, as well as any private archives acquired by
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any government office.
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hh)
"Public records" x x x.
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ii)
"Records" shall refer to recorded information in whatever format
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produced or received in the initiation, conduct or completion of an
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institutional or individual activity and that comprises content, context.
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and structure sufficient to provide evidence of the activity.
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jj)
"Records center" refers to an intermediate repository in which
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noncurrent records of various government offices are stored until they
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can be destroyed or transferred to the NARMA.
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kk)
"Records management" refers to x x x
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"Records Office" refers to an organizational unit responsible for
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planning, developing, prescribing, disseminating and enforcing
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policies, rules and regulations, and coordinating the agency-wide
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records management program.
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mm) "Repository" refers to a facility determined by a government office for
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the appropriate maintenance and storage of public records.
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nn)
"Restricted access records" refers to records which access have been
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restricted because there exists a legal impediment and/or standard or
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advice issued by the Director General that requires such public records
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to be withheld from public access.
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oo)
"Standards" refers to the circulars and orders issued by the Director
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General pursuant to the provisions of this Act.


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pp) "Vital records" refers to x x x.
qq) "Vice President's Papers" refer to records and other documentary 
materials created or received by the Vice President, the Vice 
President's immediate staff, or a unit or individual of the Office of the 
Vice President whose function is to advise or assist the Vice President, 
while holding office as Vice President of the Philippines.
ARTICLE II
PURPOSE, OTHER PRELIMINARY PROVISIONS,
AND KEY ADMINISTRATIVE PROVISIONS
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SEC 6. Renaming of the National Archives of the Philippines to 
National Archives and Records Management Authority. — The National 
Archives of the Philippines is hereby renamed as the "National Archives and 
Records Management Authority" (NARMA) which shall be attached as an 
independent agency to the National Commission for Culture and the Arts 
(NCCA) exclusively for program coordination.
SEC 7. Establishment, Mandate and Functions. —
a) The National Archives and Records Management Authority shall be the 
sole authority in government records management and archives 
administration. It is the mandate of the NARMA to implement the 
objectives and provisions of this Act. It shall plan, develop, prescribe, 
disseminate and enforce policies, rules and regulations and coordinate 
government-wide programs governing the creation, general protection, 
use, storage and disposition of public records, including the acquisition, 
storage and preservation of public archives and providing facilities for 
reference, research, or other purposes. The NARMA shall also be the 
primarily government agency responsible for the protection, 
conservation, and designation, and regulation of public and private 
archives, including archival cultural properties.
b) The National Archives and Records Management Authority shall have 
the following functions:


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1) Take necessary measures to classify, identify, preserve, and 
restore public records;
2) Acquire or facilitate the acquisition of permanent and suitable 
buildings for the NARMA to house the country's archival 
holdings and public records;
3) Conduct archival researches using archival materials here and 
abroad;
4) Plan, formulate and implement a records management and 
archival administration program for the efficient creation, 
utilization, maintenance, retention, preservation, conservation 
and disposal of public records including the adoption of security 
measures and vital records protection program in the interest of 
disaster preparedness and business continuity in government;
5) Provide technical assistance to all government offices, as well as 
the private sector, with respect to the storage of records, and in 
the planning, implementation and evaluation of their records 
management and archives administration programs;
6) Conduct and accredit training programs on records and archives 
management, including the establishment of an archival system 
of both public and private sectors;
7) Oversee public and private archives in terms of its cultural 
heritage preservation, conservation, protection, and regulation;
8) Acquire public records, private archives, and all other records 
that the Director General deem to have archival value through 
sale, donation, expropriation, or other forms of conveyance or 
transfer;
9) Impose administrative fines and sanctions for violation of its 
rules and orders issued pursuant to this Act, and for obstruction 
or refusal to comply with its lawful directives in the 
implementation of this Act;


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10) Ensure the preservation and conservation of existing and future 
archival resources of the government;
11) Issue, transmit and/or reproduce copies, certified true copies or 
certifications on public archives and/or extracts thereof, subject 
to the provisions on access in this Act and other existing laws;
12) Maintain a registry of all public records under the custody and 
control of the NARMA which shall be made available for public 
inspection;
13) Obtain custody and management of all the public archives not 
already in the custody and management of the NARMA;
14) Accept, store, preserve and conserve any public archive 
transferred to the NARMA;
15) Establish, maintain, operate regional archives and records 
centers with complementary archives preservation facilities, 
and all other related facilities;
16) Prepare, publish, sell, or otherwise distribute material 
concerning any public archives or any part of the archives or 
the activities, facilities, and services provided by the NARMA, 
subject to the terms and conditions on which they are obtained 
and subject to copyright laws.
SEC 8. Management of the NARMA. - The NARMA shall be headed by 
a Director General, who shall serve as the Head of Agency of NARMA. The 
Director General shall be assisted by three (3) Deputy Directors-General.
The Regional Offices shall be managed and supervised by the Director 
General and Deputy Directors General, with the assistance of at least one (1) 
Director per administrative region, each of whom shall have the appropriate 
managerial rank.
Each Regional Director may be assisted by an Assistant Director, each of 
whom shall have an appropriate managerial rank. Both the Regional Director 
and Assistant Regional Director shall be appointed by the Director General 
based on merit and performance.


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SEC 9. The Director General. — The Director General shall be the 
National Archivist of the Republic of the Philippines, with the rank cind 
emoluments of a Department Undersecretary. The Director General shall be 
appointed by the President.
No person shall be appointed or designated as Director General of the NARMA 
unless he/she possesses the following minimum qualifications:
a) a Filipino citizen;
b) a holder of a master's degree in archival studies, arts, history, 
humanities, social studies, political science, sociology, public 
administration, library science, information management or a related 
field of study;
c) ten (10) years of experience, preferably in records management and 
archives administration; and
d) not previously found guilty of a criminal or administrative offense.
The Director General shall have a fixed term of seven (7) years. In case
of vacancy in the position of the Director General during the seven-year-term, 
the subsequent appointee shall serve the unexpired term of the predecessor and 
may later be reappointed to a fresh seven-year-term.
SEC 10. The Deputy Directors General. — The Deputy Directors General 
shall have the ranks and emoluments of an Assistant Secretary. One of the 
Deputy Director General will be appointed by, and shall be co-terminus with, 
the Director General; while the other two (2) Deputy Directors General shall be 
career officials who shall be appointed by the President.
No person shall be appointed or designated as Deputy Director General 
of the NARMA unless he/she possesses the following minimum qualifications:
a) a Filipino citizen;
b) a holder of a master's degree in archival studies, arts, history, 
humanities, social studies, political science, sociology, public 
administration, library science, information management or a related 
field of study;
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c) five (5) years of experience in records management and archives 
administration; and
d) Career Executive Service Eligibility (for the Deputy Directors General 
who are appointed by the President); and
e) not previously found guilty of a criminal or administrative offense.
SEC 11. Functions and Powers of the Director General. — The Director
General shall have the following functions and powers:
a) Establish policies, standards and guidelines related to public records 
management and archives administration programs;
b) Examine, identify and determine records of government agencies and 
classify and preserve those which are of permanent or enduring 
historical value;
c) Advise on the creation, maintenance, storage, use and disposition of 
public records;
d) Direct and determine the necessary standards for the disposition of 
public records;
e) Take suitable measures in preserving and conserving archival materials 
which are under the custody of the NARMA, government offices, and 
private archives;
f) Acquire through transfer, donation, purchase, expropriation, or any 
other means public records and private archives which in his or her 
judgment have archival value;
g) Determine and establish measures on access and use of public archives;
h) Provide maintenance and security for public records in the custody and 
control of the NARMA;
i) Report to the President any loss of public records in the custody and 
control of the NARMA;
j) Enter into agreements with any archival or historical institutions, local 
and abroad, to acquire or copy original documents or archival materials 
to enhance the archival and historical holdings of the Philippines;
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k) Establish and implement government-wide programs on public records 
and archives disaster-preparedness and business continuity;
l) Establish linkages with local and foreign organizations engaged in 
records management and archives administration;
m) Issue rules and regulations for all or any of the following purposes:
1) Regulating the transfer of public records from any government 
office to the NARMA or to an approved repository;
2) Regulating the manner of destruction or other disposal of public 
records;
3) Regulating the admission of the public to the NARMA and the 
use by the public of public archives deposited in the NARMA;
4) Providing for the custody and preservation of Presidents' papers 
and any other private records deposited in the NARMA, and 
prescribing the fees to be charged for custody and preservation 
thereof;
5) Prescribing forms for the proper and effective implementation of 
this Act; and
6) Such other matters deemed by the Director General as necessary 
or relevant.
n) Appoint one (1) out of the three (3) Deputy Director Generals, pursuant 
to Sec. 10 of this Act;
o) Appoint as a consultant any person who possesses the ability and 
expertise to carry out archival research, documentation work, or any 
activities deemed necessary by the Director General;
p) Perform such other functions as may be necessary for the proper and 
effective management of the NARMA and to fully implement this Act.
SEC 12. Power of Review. —
a) The Director General shall, from time to time, review or cause the review 
of any classified records which are in the custody and under the control 
of the NARMA.
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b) For the purpose of subsection (a) and subject to subsection (c), the 
Director General shall have the power to inspect the contents of any 
classified records and declassify those classified records which are in the 
custody and under the control of the NARMA.
c) The review and reclassification or declassification of any classified 
records shall be carried out in accordance with existing laws, issuances 
and regulations on classified documents.
SEC 13. Power to Delegate. —
a) The Director General may, by an instrument in writing, delegate and/or 
appoint an acting Director General designated as officer-in-charge 
whenever he/she shall be unable to perform the duties of his/her office 
due to illness, absence or other cause, and in such case the person so 
appointed may perform all the duties imposed on the Director General 
by law until such temporary designation is deemed revoked.
Such power to delegate shall be subject to the provision of Section 40, 
Chapter 8, Book IV of Executive Order No. 292.
b) The Director General may also, in writing, delegate any of his/her 
functions under this Act, subject to conditions, limitations or restrictions 
as he/she thinks fit, to a person or class of persons who may perform 
those functions in the same manner and with the same effect as if those 
functions had been conferred on him or them under this Act, subject to 
the provision of Section 40, Chapter 8, Book IV of Executive Order No. 
292.
c) A person purporting to act pursuant to a delegation made under this 
section shall, in the absence of proof to the contrary, be presumed to be 
acting in accordance with the terms of the delegations.
SEC 14. Right-Sizing. — The Director General shall have the authority 
to reorganize the structure of the National Archives of the Philippines, 
including its staffing pattern, in order to carry out its functions pursuant to its 
expanded mandate as the NARMA, subject to the approval of the Department
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of Budget and Management and in accordance with the rules and guidelines of 
the Civil Service Commission.
SEC 15. Special Institutes and Archives. — The NARMA shall also 
house the following special institutes and archives:
a) Archives and Records Management Training Institute;
b) Pandemic and Disaster Response Archives;
c) Oral Narratives Center;
d) Grassroots Community Archives;
e) Commemorative Archives;
f) Presidential Archives; and
g) Special Collection Archives.
Subject to the provisions of this Act, the Director General shall be 
authorized to create new institutes and archives within the NARMA.
SEC. 16. Permanent Site. - Without prejudice to future acquisitions by 
the NARMA, the Intendencia Building in Intramuros, Manila, as well as all 
other existing real properties of the National Archives of the Philippines are 
hereby designated for the use of the NARMA and shall serve as the permanent 
and exclusive sites of the National Archives. The ownership of the Intendencia 
building and its associated land shall be transferred to the NARMA.
The Director General shall have immediate custody and control of the 
National Archives and its contents and may design, construct, purchase, lease, 
maintain, operate, protect, conserve, restore, and improve buildings (including 
heritage buildings) and other facilities for use by the NARMA.
SEC. 17. Establishment of an Archival Conservation Laboratory - The 
NARMA shall establish an Archival Conservation Laboratory equipped with 
advanced paper conservation tools and equipment to ensure the continued 
preservation of its archival collection.
SEC. 18. Establishment of Regional Offices. - The NARMA shall 
establish, operate, and maintain regional offices to perform active and inactive 
records management and archives administration and preservation activities 
in each administrative region.
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The regional offices shall operate regional records centers and regional 
archives, with complementary storage facilities and archives preservation 
facilities.
SEC. 19. Personnel Training, Development, and Performance Incentives. 
- The NARMA shall undertake learning and development programs to 
upgrade the capabilities of its personnel in the various functions of the 
NARMA. Personnel shall be allowed to train or study in the Philippines or 
abroad, on official time, subject to the needs of the service, upon approval of 
the Director General.
A system of monetary incentives shall be established by the NARMA to 
reward the superior performance and milestones of professional development 
on the part of management and administrative and technical personnel, subject 
to the approval of the Department of Budget and Management and, where 
applicable, of the Civil Service Commission.
SEC. 20. Trust Fund. - The NARMA shall establish a Trust Fund which 
shall be sourced from fees, fines, and other income generated from its 
operations incidental to its functions. The NARMA Trust Fund shall be used 
exclusively for NARMA programs, activities, acquisitions, infrastructure, 
improvement, travels, and trainings abroad, and analogous expenses. The 
utilization of the Trust Fund shall be subject to usual government accounting 
and auditing rules.
SEC. 21. Retention of Income and Disposition of Donated Funds. - 
Income that accrues to the NARMA from all sources of its operations shall be 
placed in the NARMA Trust Fund and may accumulate for disbursement in 
future fiscal years, if not used within the fiscal year in which such income was 
generated.
Donations of money to the NARMA shall also be placed in the NARMA 
Trust Fund, to be disbursed according to the terms and purposes of the 
respective deeds of donation, or disbursed for any purpose for the benefit of 
the NARMA, as may be determined by the Director General, if no specific 
purposes are stipulated in the deeds of donation.
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The handling and accounting of such donations shall be subject to rules 
and regulations to be prescribed by the NARMA in agreement with the 
Commission on Audit (COA) within six (6) months after the effectivity of this 
Act.
SEC. 22. National Archives Endowment Fund. - There is hereby created 
a National Archives Endowment Fund, whose funding shall be sourced from 
two percent (2%) of the annual net earnings of the Philippine Charity 
Sweepstakes Office and the Philippine Amusement and Gaming Corporation. 
Rules governing such administration, management, and investment shall be 
similar to those pertaining to relevant government financial institutions, and 
shall be formulated by the NARMA. The interest of the Fund shall be utilized 
for the purpose of implementing special programs, projects, and activities that 
the Director General may approve in furtherance of the NARMA's mandate.
SEC. 23. Exemption from Taxes, Duties, Fees, and Charges. - The 
NARMA shall be exempt from clearances, payment of taxes, fees, and charges 
imposed by the National Government and its political subdivisions, agencies, 
and instrumentalities, including local government units.
All donations in any form to the NARMA shall be exempt from donor's 
tax and the same shall be considered as an allowable deduction from gross 
income in the computation of the income tax of the donor, in accordance with 
the National Internal Revenue Code of 1997, as amended.
Importation of scientific, philosophical, historical, and cultural books, 
supplies, materials, and equipment for the use in the conservation and 
preservation work of the NARMA shall be exempt from customs fees and 
charges.
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ARTICLE III
THE PUBLIC RECORDS MANAGEMENT SYSTEM
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SEC 24. Objectives of Records Management. - The NARMA shall lead the 
establishment of records management standards and procedures to be
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implemented by all government offices, with particular attention to their 
peculiar needs and operations. Such records management standards and 
procedures shall seek to implement the following goals:
a) Accurate and complete documentation of the policies and transactions 
of all government offices;
b) Assessment and control of the quantity and quality of public records 
generated by a government office;
c) Establishment and maintenance of mechanisms of control with respect 
to records creation in order to prevent the creation of unnecessary 
records and to promote the effective and economical operations of a 
government office;
d) Simplification of activities, systems, and processes of records creation, 
maintenance, use and disposition of records;
e) Judicious preservation and disposition of public records;
f) Direction of continuous attention on records from their initial creation 
to their final disposition;
g) Increase in capacity of electronic and digital forms in the maintenance, 
storage, reproduction, and preservation of public records; and
h) Establishment and maintenance of such other systems or techniques as 
the NARMA considers necessary to carry out the policies and objectives 
of this Act.
SEC 25. Establishment of Records Offices in All Government Offices. — 
All government offices shall each establish their archives and records office in 
coordination with the DBM and the NARMA from their organic personnel 
within a year from the date of effectivity of this Act. The records officer or an 
archivist of a government office shall head the said archives and records office. 
The records officer shall have the duty of complying with the NARMA 
regulations and guidelines and shall be prima facie responsible for any failure 
to comply with the provisions of this Act.
SEC 26. Establishment of Agency Records Centers. — All government 
offices shall establish their agency records center. These centers shall be
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responsible for the maintenance and control of non-current records under their 
custody.
SEC 27. Establishment of a Records and Archives Management Program 
in All Government Offices. — All heads of government offices shall establish 
and maintain an active, continuing program for the effective, efficient, and 
economical management of public records and archives by their respective 
government offices.
The NARMA shall assist all government offices in the establishment of their 
respective records and archives management programs.
SEC 28. System of Registration and Accreditation. — Pursuant to the 
provisions of this Act, the NARMA shall institute a comprehensive program 
for the registration and accreditation of various public and private archives 
nationwide. Such system of registration and accreditation shall include among 
others, the mechanism for updating public and private archives of recent 
methods, techniques and procedures in records management and the annual 
reportorial requirements of their archival holdings.
SEC 29. Public Access Registry. — All government offices shall 
regularly conduct an inventory of their public records and shall be mandated 
to keep the following data in their respective Public Access Registry:
a) All public records under the government office's custody;
b) All public records transferred to the NARMA;
c) Public records disposed of with authority from the NARMA; and
d) Data of deferred transfer.
Such public access register shall also contain information on:
a) Restrictions on public access to public records;
b) Prohibitions on public access to public archives or protected records 
under the control of the Director General; and
c) The grounds for the prohibitions and restrictions stipulated.
The heads of all government offices concerned shall ensure the full public 
accessibility of said registry.
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SEC 30. Records Disposition. — Every disposition action on a public 
record must strictly be in accordance with the general records disposition 
schedule and agency records disposition schedule when applicable, as 
submitted to and approved by the NARMA.
SEC 31. General Records Disposition Schedule. — The NARMA shall 
develop a general records disposition schedule that shall prescribe the disposal 
of public records common to all government offices.
SEC 32. Agency Records Disposition Schedule. — All government 
offices shall, after a periodic appraisal and review of its inventory of public 
records at a frequency to be determined by the NARMA, submit an agency 
records disposition schedule covering other public records not covered by the 
GRDS.
SEC 33. Disposal of Public Records. — No government office shall 
dispose, or authorize the disposal, of any public record that is in its custody or 
control, except with the prior written authority of the NARMA.
SEC 34. Authority for the Disposition of Public Records. —
a) The Director General or his/her delegate shall authorize 
in writing the disposition of a public record, such as:
1) Transferring control and custody of the public 
record to another government office;
2) Transferring control and/ or custody of the public 
record to the Director General;
3) Destroying the valueless public record; or
4) Selling the valueless public record.
b) Before authorizing a disposition of a public record under 
subsection (a), the head of a government office shall give 
the Director General at least thirty (30) days' notice prior 
to:
1) X X x;
2) X X x;
3) XXX.
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SEC 35. Transfer of Public Records to the NARMA. — 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 NARMA:
a) Archival materials or collections of any government office which 
are more than thirty (30) years old and have national and 
historical significance as determined by NARMA, including, but 
not limited to:
1) as-built plans of government-owned buildings, bridges, 
and similar works implemented by the Department of 
Public Works and Highways, and by other government 
offices;
2) 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.
b) Any public record, regardless of age, that, in the judgment of the 
Director General, have archival value to warrant their 
preservation;
c) 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;
d) President and Vice-Presidential Papers;
e) Civil registry records over one hundred (100) years old; and
f) Other public records which may be transferred at the option of 
the heads of government agencies, subject to the acceptance of 
such records by the NARMA.
Nothing in this section shall be deemed to authorize the transfer of 
classified records except with prior written consent of the head of the 
government office charged with the control and custody of public records.
Furthermore, nothing in this section shall be construed as affecting or 
extending the law relating to copyright.
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Public records shall be surrendered on demand:
a) 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 Director General are or likely to be of 
permanent and enduring archival value, shall, on demand by the 
Director General or a proper officer be surrendered to the custody and 
control of the NARMA; and
b) XXX.
SEC 36. Turn-over of Presidential and Vice Presidential Papers. 
Presidential Papers and Vice Presidential Papers as defined under this Act shall 
be transferred to the NARMA within one (1) year from the end of the term of 
the respective President and Vice President.
SEC 37. Deferred Transfer of Records. The Director General may defer 
the transfer of any public records when, upon his or her determination, the 
immediate transfer of the public records shall prejudice the administration of 
any government office or would be contrary to public interest.
The Director General may also defer the transfer of any public records 
due to logistical concerns, pending legal issues over such records, or failure of 
the government office to comply with any procedure and conditions for 
transfer that the NARMA may set out.
The requirement to transfer public records does not apply to the 
following circumstances:
a) Public records whose disposition are under or part of specific 
acts, laws regulations, or orders of a competent court, or a quasi­
judicial or investigatory body;
b) When the head of the controlling government office and the 
Director General have agreed in writing that the transfer of the 
public records may be deferred for a specified period that the 
Head and Director General consider appropriate; provided that 
such deferment should not exceed two (2) years, and that this 
deferment may be extended upon approval of the Director
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General, which extension shall not be more than two (2) years at 
a time;
c) Public records that are in electronic form, if the Director General 
instructs the controlling government office in writing to continue 
to maintain and control those records after the expiry of the thirty 
(30) year period; or,
d) When the controlling government office has its own archival 
facility.
Every deferred transfer under this section shall be noted in NARMA's 
Registry, and the respective registry of the government office concerned.
SEC 38. Transfer of Public Records to NARMA Records Centers - 
Whenever it is in the interest of the efficient operations of a government office, 
the head of a controlling government office may direct the transfer of such 
public record to a records center as provided for by this Act. Provided, that such 
transfer is approved by the NARMA and according to the transferring agency's 
Records Disposition Schedule and the GRDS.
SEC 39. Regional Archives, Records Center and Agency Records Center, 
Establishment. — Pursuant to the objectives of this Act, the following shall be 
established, maintained and operated by the NARMA:
a) Regional Archives — x x x
b) Records Centers — x x x
c) Agency Records Centers — x x x
SEC 40. Protected Records of Local Governments. —
a) The Director General may, by notice in the Official Gazette made 
after consultation with any local government concerned, declare 
that a local government record is a protected record for purposes 
of this Act.
b) An LGU shall provide for the adequate protection and 
preservation of a protected record it holds, in accordance with 
any applicable standards or instructions issued by the Director 
General.
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c) An LGU shall not dispose of a protected record unless it has:
1) Notified in writing the Director General of its intention to 
dispose of the protected record;
2) Identified the protected record concerned; and
3) Specified how it intends to dispose of the protected record.
d) Not later than three months after receiving written notification 
under subsection (c)(1), the Director General shall:
1) Direct the local government in writing to transfer the 
protected record to the control of the Director General, 
subject to conditions agreed by the head of an LGU and 
the Director General; or
2) Authorize the disposal of the protected record identified 
under subsection (c)(2).
SEC 41. Approval of Repositories. — The Director General or his/her 
delegate may:
a) Bestow upon an appropriate archives, such as a museum, a 
library, another archive or a local government repository, as an 
approved repository where public archives may be deposited for 
safekeeping; and
b) Amend or revoke such grant of approval as stipulated under 
paragraph (a) herein.
c) At any time after giving reasonable notice, inspect an approved 
repository;
d) With the agreement of the head of the controlling government 
office and the consent of the approved repository, deposit public 
archives in an approved repository, or conditions on, or issue 
instructions to, an approved repository for the purpose;
e) Impose standards of ensuring that the national interests in the 
public archives are preserved; the public archives are properly 
maintained and appropriate public access to the public archives 
is maintained; and
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f) Direct an approved repository to transfer public archives to the 
possession of the NARMA, another approved repository or the 
controlling government office, as the case may be.
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ARTICLE IV
ELECTRONICS RECORDS MANAGEMENT
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SEC 42. Management of Electronic Records. — All government offices, 
with existing electronic records, shall create and implement an Electronic 
Records Management Program (ERMP), which shall be in line with the 
standards set under this Act and other regulations which may be issued by the 
NARMA.
SEC 43. Electronic Records Standards — The following minimum 
standards shall be imposed on electronic records management:
a) Record Documentation - Electronic records shall be created with 
essential metadata which describe the content and structure of 
the record as well as the background of its creation. Accurate and 
reliable links connecting the electronic record and the transaction 
that will be created shall be maintained.
b) Record Accessibility - The content, structure, and context of 
records shall be transferred to and preserved in the electronic 
records management system in an accessible and useable format 
until the records reach the end of their retention period or until 
they are destroyed.
c) Record Integrity - All electronic records shall be properly 
secured. They shall be protected throughout their retention 
periods from intentional or accidental modifications, disclosures 
deletion, and unauthorized access. Permission to capture, access, 
or destroy electronic records shall only be given to authorized 
personnel.
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d) Record Security - The agencies shall formulate their own rules 
on access levels to include the use of usernames and passwords. 
Access rights may be given to authorized users and/or personnel 
in accordance with applicable provisions of the Data Privacy Act 
and other regulations pertaining to confidential and classified 
records. The agency shall also identify which electronic records 
are subject to legislative, regulatory and institutional policy 
restrictions.
SEC 44. Electronic Record as an Official Copy — An electronic record 
shall be considered as the official copy when it is created, captured, and 
maintained within a reliable electronic recordkeeping system.
SEC 45. Inventory of Electronic Records — All government offices shall 
create a records inventory of all electronic records, regardless of media. 
Government offices shall also ensure that all electronic records are included in 
their respective Agency Records Disposition Schedules.
SEC 46. Digitization of Paper Records — Records with long-term 
administrative, legal, fiscal, or other permanent value shall be prioritized for 
conversion to an electronic format.
SEC 47. Digitized Document as Equivalent of the Original — Any 
digitized document certified as a true copy of the records under the custody of 
the controlling government office, shall be considered an original document. 
Any digitized document so certified by the said office shall be considered a 
public document, which needs no further authentication in any court of law.
SEC 48. Admissibility as Evidence - The relevant applicable rules of 
judicial, quasi-judicial, or administrative bodies shall determine the 
admissibility and manner of authentication of these electronic records as 
evidence.
SEC 49. Copies as equivalent of the originals - When a document is in 
two or more copies executed at or about the same time with identical contents, 
or is a counterpart produced by the same impression as the original, or from 
the same matrix, or by mechanical or electronic re-recording, or by chemical
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reproduction, or by other equivalent techniques which is accurately reproduces 
the original, such copies or duplicates shall be regarded as the equivalent of the 
original. Notwithstanding the foregoing, copies or duplicates shall not be 
admissible to the same extent as the original if:
a) a genuine question is raised as to the authenticity of the original; 
or
b) in the circumstances it would be unjust or inequitable to admit a 
copy in lieu of the original.
SEC 450. Digital Signature — Official digital signatures, which have 
verifiable metadata and are password-protected, must be used on all official 
documents which are otherwise not signed on paper.
SEC 51. Official Electronic Mail — Official government business must 
be conducted only through official email accounts.
SEC 52. Preservation of Electronic Records — Government offices shall 
guarantee that electronic records will not sustain any loss or alteration of 
information at all stages of their existence. Government offices must ensure the 
future accessibility of electronic records by developing migration and 
conversion strategies that are designed to update hardware, software, and 
storage media before they reach obsolescence.
Furthermore, government offices shall maintain appropriate back-up 
media and systems for storing electronic records through-out the records 
retention period.
SEC 53. Migration of Electronic Records — Migration of electronic 
records shall be required when at least one of the following conditions is 
present:
a) The scheduled destruction date is greater than five years from the 
initial installation date or last major upgrade of the computer 
storage device or software that reads, process, or maintains the 
records;
b) The total retention period is greater than ten years from the date 
the records were created; or
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c) Usability of the electronic records will be affected by 
replacements, upgrades, or other changes in computer hardware 
or software components.
SEC 54. Retention and Disposal of Electronic Records — The retention 
and disposal of electronic records shall be in accordance with the approved 
records disposition schedules and Article III, Sec. 33 of this Act.
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ARTICLE VI
STANDARDS, INSPECTION, REPORTING AND AUDIT
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SEC 55. Effectivity of Standards. — All standards issued by the Director 
General shall be published in the Official Gazette or in a newspaper of general 
circulation not later than ninety (90) days before its effectivity. In the absence 
of such required publication, the NARMA shall deem it not effective.
SEC 56. Inspection Powers. — The Director General may, after giving 
reasonable notice to a government office or private archive concerned, review 
the records management and archives administration practices and programs 
of any government office, determine the effectiveness and compliance of such 
practices and programs with this Act, and make the necessary recommendation 
or directive for correction or improvement of records management; Provided, 
that during the conduct of inspection, the Director General or his/her 
authorized representative may require the production of documents or 
archives.
However, the Director General is prohibited from exercising such power 
to inspect in cases where public records:
a) carry security classifications; and,
b) are restricted by other legislation without the consent of the head 
of the controlling government office.
The provision of this section applies, with the necessary modifications, 
to local government records and local government archives.
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For this purpose, the NARMA shall adopt an operational guideline and 
rules of procedure. The Director General or his/her delegate shall have the 
power to cite the responsible official/s for contempt for violations thereof.
SEC 57. Direction to Report to the Director General. — The Director 
General may give notice in writing directing the head of a government office 
or of an approved repository to report to the Director General or to any other 
person on:
a) Any specified aspect of its record keeping practice; or
b) The public records that it controls or, in the case of an approved 
repository, has possession of.
SEC 58. Annual Report on Record Keeping. — The Director General shall 
make an annual report to the President on the state of record keeping within 
government offices. Such report shall be included in the annual report given to 
the President where the same shall be furnished to the Congress.
SEC 59. Public Records Management Audit. — The Director General or 
his/her delegate shall be authorized to conduct a periodic records management 
audit in all government offices and other public archives. All heads of each 
government office, whether national or local, shall grant access to all of their 
records for audit purposes. The audit shall be conducted after five (5) years 
from the date of effectivity of this Act and five (5) years thereafter, or as 
otherwise required under pertinent rules.
For this purpose, the Director General may deputize the respective 
records officers of the concerned agencies or office to assist him/her in the 
conduct of the audit; provided that the audit/inspection of consular offices, 
embassies, and other government agencies outside the Philippines shall be 
conducted every five (5) years.
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ARTICLE VII
ARCHIVES ADMINISTRATION
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SEC 60. Access Status. — 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 NARMA, the head of the controlling government office shall 
classify the records as either:
a) Open access records, which may be freely accessed by the public; 
or
b) Restricted access records, which must be withheld from the 
public as required by law or as deemed necessary by the head of 
government office.
At the time of original classification, the controlling government office 
shall establish a specific date or event for declassification based on the duration 
of the national security sensitivity of the information, which period shall not 
exceed 30 years. Such period may be extended upon approval by the Director 
General of the request by the controlling government agency, which extension 
shall not be more than five (5) years at a time.
SEC 61. Grounds for Determining Access Status. —
a) In classifying the access status of a public record under Section 
60, the head of the controlling government office shall consider 
existing rules and regulations on classified records.
b) XXX
c) If there are good reasons for restricting public access under 
subsection (a), 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 Director 
General, determine the necessity to restrict public access to the 
public record for a specified period of time or permit such public 
access with conditions.
d) The head of a controlling government agency may, at any time, 
in consultation with the Director General, vary or withdraw a 
condition imposed on public access records.
e) XXX
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f) The NARMA shall comply with the conditions of public access 
imposed under subsection (c).
g) A restriction on public access to a public record shall be noted in 
the Public Access Registry.
h) XXX
SEC 62. Access Status of Local Government Records. — x x x.
SEC 63. Grounds for Determining Access Status of Local Government 
Records. — x x x.
SEC. 64. Access to Public Archives. - Any person may, for the purpose 
of reference or research, inspect any public archives or public records made 
available to the public; Provided, that all conditions or restrictions imposed by 
the government office from which the public records were acquired and/or by 
the NARMA are met.
SEC 65. Public Inspections of Open Access Records. — Unless this Act 
or its pertinent implementing rules and regulations provides otherwise, an 
open access record shall be made available for inspection by the public as soon 
as it is reasonably practicable after a request to inspect the record is made to 
the government office, the approved repository, or the NARMA, whichever has 
possession of the open access record.
SEC 66. Publication or Copying of Public Archives under the NARMA. 
— The Director General may, subject to condition that he/she deems 
appropriate, authorize, in writing, the publication or replication of a public 
archive that is an open access record.
SEC 67. Prohibition on Public Access or Replication. — Accessing or 
replicating a public archive or protected record which is under the control and 
custody of the NARMA shall be deemed prohibited. Such prohibition on public 
access shall be noted in the Public Access Registry.
SEC 68. Restricted Access Records. - The period for which public 
access to a public record may be restricted, may upon the written request of the 
Director General, be reviewed after the expiry of ten (10) years from the date 
that the restriction is recorded in the Public Access Registry: Provided, That
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before its expiry, it may be extended for further periods as specified by the head 
of the controlling government office.
SEC 69. Creation of Archival Preservation Copies. — The NARMA shall 
ensure continued access to its archival collection through the creation of 
preservation copies of its archival records in various preservation formats, such 
as but not limited to, microfilms and microfiche.
SEC 70. Protection of Records and Archives against Disasters. — The 
NARMA shall establish standards and guidelines for the protection of records 
and archives during natural disasters and human-induced calamities. It will 
also ensure close coordination with relevant government agencies to ensure 
that records and archives are protected and preserved during natural disasters 
and human-induced calamities.
SEC 71. Inalienability and Imprescriptibility of Public Records and 
Public Archives. — All public records and public archives are inalienable and 
cannot be removed, abandoned, destroyed or transferred from the agency 
having custody of the records without the authorities under this Act or its 
implementing rules.
The NARMA shall have the right to recover, manage, and retain 
custody/possession of any and all estray records at any time. Furthermore, the 
NARMA may compel any person to surrender an estray record at any time 
after due notice.
The head of the concerned government office shall notify the NARMA 
of any actual, impending, or threatened unlawful removal, sale, unauthorized 
reproduction, defacing, alteration, corruption, deletion, erasure, or other 
destruction of records in the custody of a government office. The NARMA shall 
then initiate action for the recovery and protection of such public records.
SEC 72. Procurement of Items for the NARMA Collections. — The 
procurement of unique, special, and/ or original items with national 
importance by the NARMA for its collections, charged to any of its sources of 
funds as may be allowed, shall be exempted from applicable laws, rules, and 
regulations regarding government procurement.
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The NARMA shall be allowed to procure collections or items by means 
of direct negotiation with the owners of such items, or their duly designated 
agents or representatives, in the Philippines and abroad.
Furthermore, nothing in this section shall be construed as affecting or 
extending the law relating to copyright. Notwithstanding the provisions of the 
Intellectual Property Code (RA 8293 as amended), copyright of properties 
acquired pursuant to the preceding sections shall belong to NARMA, unless 
otherwise stipulated.
SEC 73. Procurement through Public Auction. — The NARMA shall be 
authorized to procure unique, special, and/or original items for its collections 
through bidding at public auctions, including online public auctions. For each 
item, the Director General shall predetermine an appropriate price ceiling 
based on his or her judgment of the fair market valuation of the same, 
exclusive of commissions, fees, charges, taxes and other associated expenses.
The interest of the NARMA in a certain item shall be made known to 
the management of the public auction, which shall duly disclose or otherwise 
announce it to all parties registered to observe or participate in the said 
auction. However, with or without prior notice, the NARMA shall be given 
preference in the bidding process and it shall have thirty (30) working days, 
upon notice of the conclusion of the highest bid, to match the highest bid made 
for an item it has expressed an interest in, and if the bid is successfully matched 
then the NARMA shall be awarded the item in question.
The invoice issued to the NARMA by the management of the public 
auction, which shall include the relevant commissions, fees, charges, taxes, and 
other associated expenses in addition to the bid price for the item, followed by 
the procedure in the immediately preceding section, shall be considered 
sufficient for the procurement of an item under this Section.
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ARTICLE VIII
PROTECTION, PRESERVATION, AND CONSERVATION 
OF ARCHIVAL CULTURAL HERITAGE
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SEC 74. The Role ofNARMA in Protecting Archival Cultural Heritage. 
— In line with the pertinent provisions of the National Cultural Heritage Act, 
as amended, the NARMA shall have the primary responsibility for the 
preservation, conservation, protection, and regulation of the nation's archival 
cultural heritage.
SEC 75. Presumption of Archival Cultural Heritage as Important 
Cultural Property. — The following shall be presumed as Important Cultural 
Properties, unless such presumption is lifted by the NARMA:
a) Archival material/document dating at least fifty (50) years old;
b) Audio-visual materials and records dating at least fifty (50) years
old; and
c) Archival collection and other records of:
1) National Heroes;
2) Former Presidents and Vice Presidents of the Philippines;
3) National Artists;
4) National Scientists;
5) Manlilikha ng Bayan;
6) Republic Cultural Heritage Awardees; and
7) Other Filipino Masters.
SEC 76. Declaration of Archival Cultural Properties as National 
Cultural Treasures and Important Cultural Properties. — NARMA shall 
declare archival properties as national cultural treasures or important cultural 
properties in accordance with the provisions of the National Cultural Heritage 
Act, as amended.
SEC 77. Right of First Refusal Over Archival Important Cultural 
Properties and National Cultural Treasures. — The NARMA shall be given the 
right of first refusal in the purchase of archival cultural properties declared as 
national cultural treasures or important cultural properties. Prior to the finality 
of the sale, the NARMA may likewise match any offer made for the purchase 
of said properties.
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SEC 78. Conservation of Archival Cultural Properties. — All 
intervention works and measures on conservation of archival national cultural 
treasures and important cultural properties, including presumed cultural 
properties, shall be undertaken or supervised by the NARMA. The NARMA 
shall approve only those methods and materials that strictly adhere to the 
internationally accepted standards of conservation.
SEC 79. National Archives Month. — The month of October of every 
year shall be observed as the National Archives Month to focus public attention 
on the role and importance of records and archives in the various national 
development efforts and to commemorate the creation and concretization of 
archives work in the Philippines. The NARMA shall spearhead the yearly 
commemoration by determining the appropriate activities for the observance 
thereof.
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ARTICLE IX
INVESTIGATION, PROSECUTION, AND OFFENSES
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SEC. 80. Investigation and Prosecution of Offenses. - The Director 
General, or his/her delegate, may investigate an alleged violation of this Act, 
or of a rule, regulation, or order of the NARMA.
SEC. 81. Administration of Oaths, Subpoena of Witnesses and 
Documents. - The Director General, or his/her delegate, may administer oaths 
and affirmations, issue subpoena ad testificandum and subpoena duces tecum, 
take testimony in any inquiry or investigation, and may perform other acts 
necessary to the proceedings or to the investigation.
SEC 82. Cease and Desist Orders. - Whenever the Director General, or 
his/her delegate, has reasonable basis to believe that a person has violated, or 
is about to violate this Act, or a rule, regulation, or order of NARMA, he or she 
may direct such person to desist from committing the act constituting the 
violation.
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The Director General, or his/her delegate, may issue a cease-and-desist 
order ex parte to enjoin an act or practice which is fraudulent or can be 
reasonably expected to cause significant, imminent, and irreparable danger or 
injury to public safety or welfare in relation to the purposes and objectives of 
this Act. The ex parte order shall be valid for a maximum period of twenty (20) 
days, without prejudice to the order being made permanent after due notice 
and hearing.
SEC 83. Contempt - Any person who, without justifiable cause, fails or 
refuses to comply with any lawful order, decision, or subpoena issued by the 
Director General, or his/her authorized officer/s, shall, after due notice and 
hearing, be held in contempt and fined in an amount not exceeding Thirty 
thousand pesos (P30,000.00). When the refusal amounts to clear and open 
defiance of the NARMA's order, decision, or subpoena, the NARMA may 
impose a daily fine of One thousand pesos (P1,000.00) until the order, decision, 
or subpoena is complied with.
SEC. 84. Administrative Fines or Sanctions - If, after due notice and 
hearing, the NARMA finds that (a) there is a violation of its rules and orders 
issued in pursuance to this Act; (b) there is obstruction or refusal to comply 
with NARMA's lawful directives in the implementation of this Act; or (c) there 
is a conduct of seminars, trainings, and lectures regarding public records 
disposition without authority from the Director General, it shall, in its 
discretion and based on the attending facts and circumstances and with regard 
to the gravity and willfulness of the violation, impose an administrative fine of 
not less than Fifty Thousand Pesos (PhP 50,000.00), nor more than One Million 
Pesos (PhP 1,000,000.00), plus not more than Two Thousand Pesos (PhP 
2,000.00) for each day of continuing violation, with legal interest.
The imposition of an administrative fine or sanction shall be without 
prejudice to any criminal or civil liability of the offender.
The Director General shall have the power to issue writs of execution to 
enforce the provisions of this Section and to enforce payment of the fees herein.
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The fees collected under this Section shall be forwarded and remitted to the 
NARMA Trust Fund created under Sec. 19 of this Act.
SEC 85. Offenses and Penalties. — The following acts are hereby 
deemed unlawful and subject to the corresponding penalties:
a) Willfully or negligently altering, damaging, or 
destroying/disposing of any public record in the possession of 
NARMA and other government agencies, other than in 
accordance with the provisions of this Act - imprisonment of no 
less than five (5) but no more than ten (10) years and/or a fine of 
no less than Five Hundred Thousand Pesos (P500,000.00) but no 
more than One Million Pesos (P1,000,000.00), at the discretion of 
the court;
b) Transferring a public record outside of the Philippines without 
the express written authority of the Director General - 
imprisonment of no less than five (5) but no more than ten (10) 
years and/or a fine of no less than Five Hundred Thousand Pesos 
(P500,000.00) but no more than One Million Pesos (P1,000,000.00), 
at the discretion of the court;
c) Selling of public archives within the custody of the NARMA, 
without the NARMA's authority - imprisonment of no less than 
five (5) but no more than ten (10) years and/or a fine of no less 
than Five Hundred Thousand Pesos (P500,000.00) but no more 
than One Million Pesos (P1,000,000.00), at the discretion of the 
court; and
Any public officer committing any of the unlawful acts prohibited under 
this Act shall be punished by an additional fine of not less than Five hundred 
thousand pesos (P500,000.00) but not exceeding One million pesos 
(f1,000,000.00) and/or additional imprisonment for not less than five years but 
not more than fifteen (15) years and/or both fine and imprisonment at the 
discretion of the court without prejudice to the filing of administrative charges 
that would result to such public officer's perpetual disqualification from public
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office, and forfeiture, in favor of the government, of his/her salary and other
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lawful income.
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The violation of the provision of this Section proven in a proper
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administrative proceeding shall be sufficient cause for removal or dismissal of
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a public officer, even if no criminal prosecution is instituted against him/her.
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A person convicted of an offense under this section may, in addition to
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any penalty imposed for violation, be prohibited by order of the court from
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having access to the NARMA for any period that the court deems appropriate.
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SEC 86. Competent Court. — x x x.
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SEC 87. Prescription of Offenses. — x x x.
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SEC 88. Termination of Office. — x x x.
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SEC 89. Suspension and Loss of Benefits. — x x x."
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Sec 2. Transitory Provisions. — All the assets, fixed and movable, and all
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contracts, documents, and records of the National Archives of the Philippines relative
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to its operation are hereby transferred to the NARMA.
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All agreements and contracts entered into by the National Archives of the
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Philippines shall remain in full force and effect unless otherwise terminated, modified,
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or amended.
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The incumbent Executive Director and Deputy Executive Directors of the
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National Archives of the Philippines shall continue to serve in their respective
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capacity as the Director General and Deputy Directors General of the NARMA for one
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year after the effectivity of this Act, or until the completion of their respective terms
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of office as granted under Republic Act No. 9470, whichever is longer, unless such
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terms of office are extended by the President: Provided, that such extension shall not
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exceed five (5) years, after which, the new Director General shall serve seven (7) years,
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pursuant to Sec. 10 of this Act.
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Employees of the National Archives shall be absorbed by the NARMA on the
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service as a result of the abolition shall receive retirement and other benefits to which
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they are entitled under existing laws.
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The necessary plantilla positions and organizational units within the NARMA,
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including the additional positions of Deputy Directors Generals and Regional
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Directors, shall be established in coordination with the Department of Budget and
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Management.
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Sec 3. Appropriations. — The amount of Two Hundred Million Pesos (PHP
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200,000,000.00) necessary to carry out the provisions of this Act shall be appropriated
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from the funds not otherwise appropriated and are available in the National Treasury.
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Thereafter, such sums as may be necessary for the continued implementation of this
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Act shall be included in the annual General Appropriations Act.
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Sec 4. Implementing Rules and Regulations. — Within ninety (90) days from the
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effectivity of this Act, the NARMA shall promulgate the necessary rules and
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regulations for the proper implementation of this Act.
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Sec 5. Separability Clause. — Should any portion or provision of this Act be
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declared unconstitutional, the same shall not affect the validity and effectivity of the
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other portions or provisions hereof not affected thereby.
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Sec 6. Repealing Clause. - All other laws, presidential decrees, executive orders,
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and rules and regulations inconsistent with the provisions of this Act are hereby
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repealed or modified accordingly.
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Sec 7. Effectivity. - This Act shall take effect after fifteen (15) days following the
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completion of its publication in the Official gazette or in a newspaper of general
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circulation.
Approved,
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NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE 
S. No.________
Introduced by Senator Loren Legarda
AN ACT
FURTHER STRENGTHEN THE GOVERNMENT SYSTEM OF RECORDS 
MANAGEMENT AND ARCHIVES ADMINISTRATION, ESTABLISHING FOR 
THE PURPOSE THE NATIONAL ARCHIVES AND RECORDS MANAGEMENT 
AUTHORITY, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The value of recorded history cannot be gainsaid: through letters, diaries, notes, 
and other papers, we are transported into the time and presence of our predecessors. 
What we learn from them through these records is relevant not only to us as 
individuals, but to our social institutions and people.
It should thus follow that preserving, studying, and promoting the knowledge 
of these records are of great importance worthy of the attention and resources of our 
government. In 2007, Congress acknowledged this fact by enacting Republic Act No. 
9470, creating the National Archives of the Philippines (NAP) in order to strengthen 
the government's system of records management and archive administration.
Regrettably, in the years since the law has been enacted, it has become apparent 
that there are several areas of implementation that fail to reach its goals. For one, 
government agencies have treated the NAP as subordinate with respect to records 
management, failing or outright refusing to comply with the guidelines for records 
management set by the NAP and often treating it merely as a dumping ground for


unwanted files. For another, there are issues in jurisdiction among the NAP and the 
other historical and cultural agencies that have not been clarified in any law or charter 
that are the cause of continuing disagreement. Finally, attempts by the NAP to 
innovate or introduce new programs to safeguard our history have not been granted 
the support such measures should warrant. For these and many other reasons, a 
revision of the law is necessary.
In line with this, this measure seeks to establish an enhanced agency to lead 
government with respect to records management and archive administration. The 
National Archives and Records Management Authority (NARMA) will address all the 
issues encountered in the application of R.A. 9470 and shall also have greater power 
and flexibility to address any unexpected issues that may arise in the future.
The National Archives of the Philippines has the distinction — and burden—of 
having the largest number of records kept in Southeast Asia: 60 million, spanning the 
centuries of Spanish rule, American colonization, Japanese occupation, and finally the 
years of the Republic. Despite this gargantuan responsibility, it has no permanent site, 
its facilities have twice been burned in the last decade, and it has struggled to fulfill 
its mandate despite advances in modem technology. The National Archives of the 
Philippines merits far greater support and discretion than it has thus far received.
In view of the foregoing, the early passage of this bill is earnestly requested.