FOURTEENTH CONGRESS OF THE REPUBLIC) 
Second Regular Session 
OF THE PHILIPPINES 
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Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
Public office is a public trust. 
Transparency and accountability are the 
cornerstones of good governance. 
The Constitution, Article 111, Section 7 provides: 
The right of the people to information on matters of public concern 
shall be recognized. Access to official records, and to documents, and 
papers pertaining to official acts, transactions, or decisions, as well as to 
government research data used as basis for policy development, shall be 
afforded the citizen, subject to such limitations as may be provided by law. 
This provision of the Constitution seeks to promote transparency in policy- 
making and in the operations of the government, as well as provide the people sufficient 
information to enable them to exercise effectively their constitutional rights. Armed with 
the right information, citizens can participate in public discussions leading to the 
formulation of government policies and their effective implementation. An informed 
citizenry is essential to the existence and proper functioning of any democracy, 
This Act aims to provide for the management, custody, and access to presidential 
records consistent with the constitutional mandate of transparency and accountability in 
government. 
It does not, however, seek to confirm, limit, or expand the President’s 
executive privilege. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
Second Regular Session 
OF THE PHILIPPINES 
) 
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9 
FEB -3 r3 :p3 
1. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROVIDING FOR THE MANAGEMENT, CUSTODY, AND ACCESS TO 
PRESIDENTIAL RECORDS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Presidential Records 
Act.” 
SECTION 2. Definitions. -As used in this Act - 
(a) The term “documentary material” means all books, correspondence, 
memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, 
plats, maps, films, and motion pictures, including, but not limited to, audio, audiovisual, 
or other electronic or mechanical records. 
(b) The term “Presidential records” means documentary materials, or any 
reasonably segregable portion thereof, created or received by the President, his or her 
immediate staff. or a unit or individual of the Executive Office of the President whose 
function is to advise and assist the President, in the course of conducting activities which 
relate to or have an effect upon the carrying out of the constitutional, statutory, or other 
official or ceremonial duties of the President. Such term - 
(i) includes any documentary materials relating to the political 
activities of the President or members of his or her staff, but only if such 
activities relate to or have a direct effect upon the carrying out of 
constitutional, statutory, or other official or ceremonial duties of the 
President; but 
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(ii) does not include any documentary materials that are (i) official 
records of an agency; (ii) personal records; (iii) stocks of publications and 
stationery; or (iv) extra copies of documents produced only for 
convenience of reference, when such copies are clearly so identified. 
(c) The term “personal records” means all documentary materials, or any 
reasonably segregable portion thereof, of a purely private or nonpublic character which 
do not relate to or have an effect upon the carrying out of the constitutional, statutory, or 
other official or ceremonial duties of the President. Such term includes - 
(i) diaries, journals, or other personal notes serving as the 
functional equivalent of a diary or journal which are not prepared or 
utilized for, or circulated or communicated in the course of, transacting 
Government business; 
(ii) materials relating to private political associations, and having 
no relation to or direct effect upon the carrying out of constitutional, 
statutory, or other official or ceremonial duties of the President; and 
(iii) materials relating exclusively to the President’s own election 
to the office of the Presidency; and materials directly relating to the 
election of a particular individual or individuals to public office, which 
have no relation to or direct effect UPOR the carrying out of constitutional, 
statutory, or other official or ceremonial duties of the President. 
(d) The term “Director” means the Director of the National Archives of the 
Philippines. 
(e) The term “former President”, when used with respect to Presidential records, 
means the former President during whose term or terms of office such Presidential 
records were created. 
SECTION 3. Ownership of Presidential Records. ~ - The Republic of the 
Philippines shall reserve and retain complete ownership, possession, and control of 
Presidential records; and such records shall be administered in accordance with the 
provisions of this Act. 
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SECTION 4. Management and Custody of Presidential Records. - 
(a) Through the implementation of records management controls and other 
necessary actions, the President shall take all such steps as may be necessary to assure 
that the activities, deliberations, decisions, and policies that reflect the performance of his 
or her constitutional, statutory, or other official or ceremonial duties are adequately 
documented and that such records are maintained as Presidential records pursuant to the 
requirements of this section and other provisions of law. 
(b) Documentary materials produced or received by the President, his or her staff, 
or units or individuals in the Executive Office of the President, the function of which is to 
advise and assist the President, shall, to the extent practicable, be categorized as 
Presidential records or personal records upon their creation or receipt and be filed 
separately. 
(c) During his or her term of office, the President may dispose of those of his or 
her Presidential records that no longer have administrative, historical, informational, or 
evidentiary value if- 
(i) the President obtains the views, in writing, of the Director of the 
National Archives concerning the proposed disposal of such Presidential 
records; and 
(ii) the Director states that he or she does not intend to take any 
action under subsection (e) ofthis section. 
(d) In the event the Director of the National Archives notifies the President under 
subsection (c) that he or she does intend to take action under subsection (e), the President 
may dispose of such Presidential records if copies of the disposal schedule are submitted 
to the appropriate Congressional Committees at least 60 calendar days of continuous 
session of Congress in advance of the proposed disposal date. For the purpose of this 
section, continuity of session is broken only by an adjournment of Congress sine die, and 
the days on which either House is not in session because of an adjournment of more than 
three days to a day certain are excluded in the computation of the days in which Congress 
is in continuous session. 
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(e) The Director of the National Archives shall request the advice of the 
Committee on Accountability of Public Officers and Investigations and the Committee on 
Public Information and Mass Media of the Senate and the Committee on Good 
Government and Public Accountability and the Committee on Public Information of the 
House of Representatives with respect to any proposed disposal of Presidential records 
whenever he or she considers that - 
(i) these particular records may be of special interest to the Congress; or 
(ii) consultation with the Congress regarding the disposal of these particular 
records is in the public interest. 
(0 (i) Upon the conclusion of a President’s term of office, the Director of the 
National Archives shall assume responsibility for the custody, control, and preservation 
of, and access to, the Presidential records of that President. The Director shall have an 
affirmative duty to make such records available to the public as rapidly and completely as 
possible consistent with the provisions of this Act. 
(ii) The Director shall deposit all such Presidential records in a 
Presidential archival depository or another archival facility operated by the 
Republic of the Philippines. The Director is authorized to designate, after 
consultation with the former President, a director at each depository or 
facility, who shall be responsible for the care and preservation of such 
records. 
(iii) The Director is authorized to dispose of such Presidential 
records which he or she has appraised and determined to have insufficient 
administrative, historical, informational, or evidentiary value to warrant 
their continued preservation. Notice of such disposal shall be published in 
the Official Gazette and a newspaper of general circulation at least 60 days 
in advance of the proposed disposal date. 
SECTION 5 .  Restrictions on Access to Presidential Records. - 
(a) Prior to the conclusion of his or her tern of office, the President shall specify 
durations, not to exceed twelve (12) years, for which access shall be restricted with 
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respect to information, in a Presidential record, within one or more of the following 
categories: 
(i) specifically authorized under criteria established by an 
Executive Order to be kept secret in the interest of national defense or 
foreign policy and, in fact properly classified pursuant to such Executive 
Order; 
(ii) specifically exempted from disclosure by statute, provided that 
such statute 
(1) requires that the material be withheld from the 
public in such a manner as to leave no discretion on the 
issue, or 
(2) establishes particular criteria for withholding 
or refers to particular types of material to be withheld; 
(iii) trade secrets and commercial or financial information obtained 
from a person and privileged or confidential; 
(iv) confidential communications requesting or submitting advice, 
between the President and his or her advisers, or between such advisers; or 
(v) personnel and medical files and similar files the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy. 
(b) (i) Any Presidential record or reasonably segregable portion thereof containing 
information within a category restricted by the President under subsection (a) shall be so 
designated by the Director of the National Archives and access thereto shall be restricted 
until the earlier of - 
(1) the date on which the former President waives 
the restriction on disclosure of such record, or 
(2) the expiration of the duration specified under 
subsection (a) for the category of information on the basis 
of which access to such record has been restricted; or 
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(3) upon a determination by the Director that such 
record or reasonably segregable portion thereof, or of any 
significant element or aspect of the information contained 
in such record or reasonably segregable portion thereof, has 
been placed in the public domain through publication by 
the €ormer President, or his or her agents. 
(ii) During the period of restricted access specified pursuant to 
subsection (b) (i), the determination whether access to a Presidential 
record or reasonably segregable portion thereof shall be restricted shall be 
made by the Director of the National Archives, in his or her discretion, 
after consultation with the former President. The Director shall establish 
procedures whereby any person denied access to a Presidential record 
because such record is restricted pursuant to a determination made under 
this paragraph, may file an administrative appeal of such determination. 
Such procedures shall provide for a written determination by the Director 
or his or her duly authorized representative, within 30 working days after 
receipt of such an appeal, setting forth the basis for such determination. 
(c) Upon the death or disability of a President or former President, any discretion 
or authority the President or former President may have had under this Act shall be 
exercised by the Director of the National Archives unless otherwise previously provided 
by the President or former President in a written notice to the Director. 
(d) The Court of Appeals shall have jurisdiction over any action initiated by the 
former President asserting that a determination made by the Director of the National 
Archives violates the former President's rights or privileges. 
SECTION 6. Executive Privilege. - Nothing in this Act shall be construed to 
confirm, limit, or expand any constitutionally-based privilege which may be available to 
an incumbent or former President. 
SECTION 7. Exceptions to Restricted Access. - Notwithstanding any restrictions 
on access imposed pursuant to Section 5 - 
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(a) the persons employed by the National Archives who are engaged in the 
performance of normal archival work shall be permitted access to Presidential records in 
the custody of the Director; 
(b) subject to any rights, defenses, or privileges which the government or any 
agency or person may invoke, Presidential records shall be made available - 
(i) pursuant to subpoena or other judicial process issued by a court 
of competent jurisdiction for the purposes of any civil or criminal 
investigation or proceeding; 
(ii) to an incumbent President if such records contain information 
that is needed for the conduct of current business of his or her office and 
that is not otherwise available; and 
(iii) to either House of Congress, or, to the extent of matter within 
its jurisdiction, to any committee or subcommittee thereof if such records 
contain information that is needed for the conduct of its business and that 
is not otherwise available; and 
(c) the Presidential records of a former President shall be available to such former 
President or his or her designated representative. 
SECTlON 8. Regulations. - The Director of the National Archives shall 
promulgate regulations necessary to carry out the provisions of this Act. Such regulations 
shall iiiclude - 
(a) provisions for advance public notice and description of any Presidential 
records scheduled for disposal pursuant to Section 4 (f) (3); 
(b) provisions for providing notice to the former President when materials to 
which access would otherwise be restricted pursuant to Section 5 (a) are to be made 
available in accordance with Section 7 (b); and 
(c) provisions for notice by the Director to the former President when the 
disclosure of particular documents may adversely affect any rights and privileges which 
the former President may have. 
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SECTION 9. Vice-presidential Records. - Vice-presidential records shall be 
subject to the provisions of this Act in the same manner as Presidential records. The 
duties and responsibilities of the Vice President, with respect to Vice-Presidential 
records, shall be the same as the duties and responsibilities of the President under this Act 
with respect to Presidential records. The authority of the Director of the National 
Archives with respect to Vice-presidential records shall be the same as the authority of 
the Director under this Act with respect to Presidential records. 
SECTION 10. Authorization of Appropriations. - To carry out the provisions of 
this Act, there are authorized to be appropriated sueh sums as may be necessary for each 
fiscal year. 
SECTION 11. 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 12. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with, the provisions of this Act is hereby repealed, modified, or amended 
accordingly. 
SECTION 13. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
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