Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
House Bill No. _____ 
 ___________________________________________________________________ 
Introduced by Representative PABLO JOHN F. GARCIA     
___________________________________________________________________ 
EXPLANATORY NOTE 
Legal deposit is the mandatory systematic collection of published outputs to a 
designated repository. It is vital to the preservation of a country’s intellectual and 
cultural heritage as well as to the promotion of research to current and future 
generations.1 Comprehensiveness of a nation’s legal deposit scheme must be aspired. 
The Philippine legal deposit scheme is embodied in Presidential Decree No. 
812, s. 1975.2 It provides guidelines on the manner of collection of published printed 
materials in the country to ensure their availability for posterity and cushion against 
unforeseen events and calamities. However, it remains unchanged for almost half a 
century in spite of the proliferation of digital publications and developments on the 
management of copyrighted materials. 
This bill aims to expand PD 812 and formally include digital publications in the 
country’s legal deposit scheme. While some initiatives such as the Philippine eLib 
project3 already exists and some laws allude to it4, the country’s legal deposit regime 
could be given more attention and improved through the direct amendment of PD 812. 
Cognizant with the recommendations of the International Publishers Association,5 it 
also aims to promote voluntary digital legal deposit from publishers, strengthen 
publisher-librarian relationship, and protect publishers’ rights, among others. 
1 Digital Legal Deposit: An IPA Special Report. (2014, July 24). Retrieved from 
https://www.internationalpublishers.org/images/news/2014/digital-legal-deposit-2014.pdf. 
2 Decree on Legal and Cultural Deposit. Retrieved from 
https://www.officialgazette.gov.ph/1975/10/18/presidential-decree-no-812-s-1975/. 
3 See http://www.elib.gov.ph/. 
4 See Sections 191 and 227 of Republic Act 8293, otherwise known as the “Intellectual Property Code 
of the Philippines”, Section 31 (c) of Republic Act No. 10066, or the “National Cultural Heritage Act of 
2009”, and Sections 4 (c) (1) and Section 21 (3) of Republic Act No. 9470, or the “National Archives of 
the Philippines Act of 2007”. 
5 Id. Note 1. 
April 12, 2021
2:57 pm
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In view of the foregoing, the immediate passage of the bill is earnestly sought. 
Rep. PABLO JOHN F. GARCIA 
3rd District, Province of Cebu 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
EIGHTEENTH CONGRESS 
Second Regular Session 
House Bill No. _____ 
___________________________________________________________________ 
Introduced by Representative PABLO JOHN F. GARCIA     
___________________________________________________________________ 
AN ACT INSTITUTIONALIZING THE DIGITAL LEGAL DEPOSIT SYSTEM, 
FURTHER AMENDING PRESIDENTIAL DECREE NO. 812, S. 1975, OTHERWISE 
KNOWN AS "DECREE ON LEGAL AND CULTURAL DEPOSIT," AND 
APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:     
CHAPTER I  
GENERAL PROVISIONS 
Section 1. Section 1 of Presidential Decree No. 812, s. 1975, otherwise known as 
“Decree on Legal and Cultural Deposit” is hereby amended to read as follows: 
“Section 1. This Decree shall be known as the “Decree on DIGITAL AND 
PRINTED Legal [and Cultural] Deposit”. 
Section 2. Section 2 of Presidential Decree No. 812, s. 1975 is hereby amended to 
read as follows: 
“Section 2. 
(a) Within one month from the date any printed book, as this term is
defined herein, is first delivered out of the press, the publisher of such
book OR PUBLICATION shall furnish, free of charge and in the same
finish as the best copies of the same are produced, two PRINTED copies
and ONE DIGITAL COPY thereof to the National Library OF THE
PHILIPPINES, and a PRINTED copy and a DIGITAL COPY each to the
University of the Philippines Main Library, the University of the
Philippines CEBU UNIVERSITY Library [at Cebu City], the Mindanao
State University Library, and the Cultural Center of the Philippines
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Library. Upon receipt of the respective copies, the Chief Librarian 
concerned shall issue an acknowledgement receipt therefor to the 
proper person and shall keep a copy of such receipt for record purposes. 
THE NATIONAL LIBRARY OF THE PHILIPPINES SHALL PROMOTE A 
SYSTEM OF VOLUNTARY DIGITAL AND PRINTED LEGAL DEPOSIT 
FROM PUBLISHERS. 
 
(b) The heads of the various departments, bureaus, offices, and 
branches of the government, including the provinces and municipalities, 
and government-owned and government-controlled corporations are 
likewise required to furnish the National Library two free copies of any 
printed book AND ONE FREE COPY OF ANY DIGITAL PUBLICATION 
published by them, and a copy each to the aforementioned libraries, 
within the period specified in paragraph (A) of this Section. 
 
Section 3. Section 3 of Presidential Decree No. 812, s. 1975 is hereby amended to 
read as follows: 
 
“Section 3. For purposes of this Decree, the following shall be taken in 
the sense herein below indicated:” 
 
x x x  
 
(C) “PUBLICATION” INCLUDES ALL PRINTED AND DIGITAL TEXTS, 
IMAGES, SOUNDS, OR PROGRAMS. 
 
(D) “DIGITAL”, AS APPLIED TO BOOKS OR PUBLICATIONS, THOSE 
THAT 
WHICH 
ARE 
PRODUCED 
ELECTRONICALLY, 
MAGNETICALLY, OR ANY LIKE PROCESS ON LINE THROUGH THE 
INTERNET AND OFF LINE THROUGH PHYSICAL FORMS OTHER 
THAN PRINT SUCH AS CD-ROM, DVD-ROM, OR MICROFILM. 
[(c)] (e) “Printer” refers to the proprietor of the printing establishment. 
[(d)] (f) “Publisher” refers to the person, natural or juridical, which 
undertakes the production of a book and its offer for sale or free 
distribution. The publisher of a book may also be its printer. 
Section 4. Section 5 of Presidential Decree No. 812, s. 1975 is hereby amended to 
read as follows: 
Section 5. The Director of the National Library OF THE PHILIPPINES is 
hereby empowered to make use of, allocate or distribute in the manner 
he deems fit, and in the interest of educational or cultural advancement, 
scholarship, or research, the materials on legal deposit in the National 


Library, SUBJECT TO REPUBLIC ACT NO. 8293, OTHERWISE 
KNOWN AS THE “INTELLECTUAL PROPERTY CODE OF THE 
PHILIPPINES”, AS AMENDED. 
Section 5. Section 7 of Presidential Decree No. 812, s. 1975 is hereby amended to 
read as follows: 
Section 7. The records to be kept by the Director of the National Library, 
pursuant to the immediately preceding section, shall be published in the 
PRINTED AND ONLINE VERSIONS OF THE Official Gazette at the end 
of each quarter, counted from the beginning of each calendar year, or not 
less than one month after the end of such quarter. 
Section 6. Section 8 of Presidential Decree No. 812, s. 1975 is hereby amended to 
read as follows: 
Section 8. In case of a copyrighted work, the RELEVANT provisions of 
REPUBLIC ACT NO. 8293 shall [not] apply. 
Section 7. Section 9 of Presidential Decree No. 812, s. 1975 is hereby amended to 
read as follows: 
Section 9. In case of total or partial non-fulfillment of the deposit required 
under Section 2 (A) AND SECTION 2 (B) of this Decree, the publisher 
shall [upon conviction] be liable to a fine of not less than TEN 
THOUSAND PESOS (P10,000.00) [fifty (P50.00)] Pesos nor more than 
FIFTY THOUSAND (P50,000.00) [five hundred (P500.00)] Pesos and 
shall, likewise, be obliged to deliver the materials published or printed. If 
the copy of the material is no longer available, a reproduction thereof, or 
the value of the work, shall be added to the fine. 
Section 8. Legal Deposit Advisory Panel. - A legal deposit advisory panel composed 
of the Director of the National Library, University Librarians of the University of the 
Philippines Main Library, of the University of the Philippines Cebu University Library, 
and of the Mindanao State University Library, and the Cultural Center of the Philippines 
Library is hereby established to develop policies, standards, and assessments 
regarding the decree on matters such as but not limited to scope of materials covered, 
data security, and content restrictions. 
 
Section 9. Publisher-Librarian Relationship. - Deposit libraries shall implement 
regular collaboration and mediation mechanisms with publishers to address key 
concerns such as copyright protection, digital security and monitored access, and 
ensure that the digital legal deposit schemes are clear, mutually agreed, and flexible. 
 


Section 10. Obtaining Content through Web Harvesting. - Aforementioned libraries 
may also obtain a copy of online materials that fall within the regulations of the Legal 
Deposit Advisory Panel through “web harvesting,” an automated process which 
enables the libraries to request a copy of a content in a website. Publishers who do not 
receive a deposit request may still deposit their works voluntarily.  
 
Section 11. Use of Digital Materials. - The following principles in using digital 
materials shall be followed to ensure the integrity of the copyright holder’s work:  
 
(a) Digital materials may only be viewed and not downloaded or copied at a 
workstation on deposit library premises, or through paid subscription for viewing 
outside; 
(b) Deposit libraries may only make copies of digital material for preservation, for 
researchers, and for giving access to visually impaired individuals, if no copy is 
commercially available; 
(c) If a publisher allows a publication to be made freely available, anyone can 
download and save deposited electronic publications to their computer or 
mobile devices on deposit library premises. They can also apply an embargo 
period for six (6) to twelve (12) months, where the public may only view their 
digital publications during that period and will be made freely available after.  
(d) Owners of digital materials have the right to stop deposit libraries from providing 
access to their material in proper circumstances. 
 
Section 12. Appropriation. - The funding requirements for the initial implementation 
of this Act shall be charged against the current year’s National Library of the 
Philippines. Thereafter, it shall be included in the annual General Appropriations Act.  
 
Section 13. Implementing Rules and Regulations. - The National Library of the 
Philippines, University of the Philippines Main Library, University of the Philippines 
Cebu University Library, Mindanao State University Library, and the Cultural Center of 
the Philippines Library shall formulate and issue the appropriate implementing rules 
and regulations necessary within 90 days after the passage of this Act. 
 
Section 14. Separability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
 
Section 15. Repealing Clause. - Except as otherwise expressly provided in this Act, 
all other laws, decrees, executive orders, proclamations and administrative regulations 
or parts thereof inconsistent herewith are hereby repealed or modified accordingly. 
 
Section 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or at least two (2) national newspapers of general 
circulation. 


 
Approved,