TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. SQ3
mum
of Ujf S2i;;rr!arp
25 AUG-4 PI :21
RECEIVlD Bi'.
Introduced by Senator Loren Legarda
AN ACT
REPEALING REPUBLIC ACT NO. 9470, REORGANIZING AND RENAMING THE 
NATIONAL ARCHIVES OF THE PHILIPPINES AS THE NATIONAL ARCHIVES 
AND RECORDS MANAGEMENT AUTHORITY (NARMA), DEFINING ITS 
MANDATE, POWERS, AND FUNCTIONS, STRENGTHENING THE 
MANAGEMENT AND PRESERVATION OF PUBLIC RECORDS AND ARCHIVAL 
HERITAGE, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Dr. Jose Rizal once said, "Ang Hindi marunong lumingon sa pinanggalingan ay 
Hindi makararating sa paroroonan." These words continue to resonate in a nation 
where the fragility of institutional memory too often threatens to erase the very 
foundation of our governance. For far too long, public records have been treated as 
disposable, with the lessons of history entrusted not to archives, but to the fading 
recollections of long-serving personnel. Each resignation or leadership transition risks 
the loss of valuable institutional knowledge—records forgotten, discarded, or left to 
decay in storage rooms and forgotten cabinets.
This bill proposes the transformation of the National Archives of the Philippines 
(NAP) into the National Archives and Records Management Authority (NARMA), not 
merely to rename an institution, but to reform the way the Philippine government 
views, preserves, and values records. The measure is anchored on the belief that 
historical and administrative records are not just documentation—they are the 
lifeblood of truth, accountability, and identity.


Since its earliest incarnation as the Division of Archives under the Spanish 
colonial administration, the national archives system has undergone a long and 
fragmented journey—renamed, reshuffled, and subordinated under various 
departments from the American period through the post-war and martial law eras.1 
From the Office of Archives to the Records Management and Archives Office (RMAO), 
and finally to the National Archives of the Philippines under Republic Act No. 9470, the 
agency has never had the structural stability nor enforcement authority to fulfill its 
mandate.2 Even today, the Archives has no permanent home of its own and has 
endured two destructive fires in its Binondo offices in recent years.
Despite these constraints, the Archives holds about 60 million public 
documents, including an estimated 13 million manuscripts from the Spanish colonial 
era—royal decrees, governors-general reports, records of uprisings, pastoral letters, 
architectural plans, and civil registries from the 16th to 19th centuries. It also 
safeguards records from the American and Japanese occupations, postwar civil service 
rosters, and the inactive files of now-defunct government bodies (National Archives of 
the Philippines).3
This bill institutionalizes solutions.
It empowers NARMA with regulatory and enforcement powers to oversee all 
public records, digital or physical. It mandates the establishment of regional archives 
and digital preservation facilities. It requires all agencies to create records offices, 
adopt standards for metadata and digitization, and follow systematic schedules for 
disposition and transfer. It protects historically significant documents from 
unauthorized sale, destruction, or loss, and grants NARMA the right of first refusal in 
acquiring private archival treasures.
1 Retrieved on 09 July 2025, from National Commission for Culture and the Arts (NCCA), 
https://web.archive.orq/web/20150101114803/httD://www.ncca.QOv.Dh/about-culture-and-
arts/articles-on-c-n-a/article.php?iqm=2&i=181
2 Retrieved on 09 July 2025, from National Archives of the Philippines, 
https://nationalarchives.qov.ph/downloads/national-archives-of-the-phils-act-of-2007-r-a-9470/
3 Retrieved on 09 July 2025, from GMA Network (GMA News Online),
https://www.qmanetwork.com/news/topstories/metro/654733/iuan-luna-buildinq-location-of-national-
archives-affected-bv-binondo-fire/storv/?utm source. Retrieved on 05 September 2021, from Manila 
Bulletin, https://mb.com.ph/2021/9/5/fire-hits-national-archives-office-in-manila 
nationalarchives.qov.ph-H4mb.com.ph-i-14reddit.com-H4
2


By creating a permanent, professional, and future-ready institution, this 
measure not only preserves documents—it preserves our governance. It ensures that 
policymaking, legal review, public service, and historical research are grounded in 
evidence. It upholds the people's right to information and reinforces the cultural 
continuity that binds generations together.
As Dr. Jose Rizal reminded us, a nation that forgets its past is bound to lose its 
way. This bill answers that call by institutionalizing the preservation of memory as a 
matter of national duty. Through NARMA, we do not merely look back—we prepare 
the future to look back clearly.
In view of the foregoing, the early passage of this bill is earnestly sought.
rrl-EGARDA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
803
Senate
nf (hr Svrirtnr;
25 ftllG -4 P1 21
RECElVtD i!
S. No.
Introduced by Senator Loren Legarda
AN ACT
REPEALING REPUBLIC ACT NO. 9470, REORGANIZING AND RENAMING THE 
NATIONAL ARCHIVES OF THE PHILIPPINES AS THE NATIONAL ARCHIVES 
AND RECORDS MANAGEMENT AUTHORITY (NARMA), DEFINING ITS 
MANDATE, POWERS, AND FUNCTIONS, STRENGTHENING THE 
MANAGEMENT AND PRESERVATION OF PUBLIC RECORDS AND ARCHIVAL 
HERITAGE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
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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
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Records Management Authority (NARMA) Act".
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Sec. 2. Declaration of Policy. — It is the policy of the State to protect, conserve,
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promote and popularize the nation's historical and cultural heritage and resources.
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The State shall pursue, conserve and promote the Filipino cultural heritage and
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resources including the documentary records of Filipino culture, history and
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governance.
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The State shall give utmost priority for the safeguard, protection and
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preservation of its public documents and records, not only as fundamental instruments
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for efficient and effective governance but also as essential tools for the preservation
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of the country's history and cultural memory.
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Towards this end, all public records with enduring value, held by government
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offices, including, but not limited to, all branches of government, constitutional offices,
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local government units (LGUs), government-owned and -controlled corporations
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(Director Generals), state universities and colleges, Philippine embassies, consulates
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and other Philippine offices abroad shall be transferred to a permanent government
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repository for proper management, control and regulation of record disposition.
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Sec. 3. Objectives. -This act shall have the following objectives:
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a) Strengthening the existing system of management and administration
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of public records and archives, including electronic records;
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b) Mandating accountability in ensuring that full and accurate records of
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all government policy and action 
are 
created, maintained, and
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preserved;
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c) Ensuring the systematic and timely disposal of valueless records;
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d) Enhancing public confidence in the integrity of public record-keeping
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and management;
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e) Ensuring the accessibility of public records relevant to the promotion
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and preservation of Philippine cultural heritage and the people's right
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to information;Protecting, preserving, conserving, and promoting the
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nation's documentary heritage, both in the public and private sectors;
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f) Supporting the safekeeping of private archives; and
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g) Strengthening the role of NARMA in developing and supporting
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government record-keeping and archival management.
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Sec. 4. Scope. — This act shall cover all records, as defined in this act, held in
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both government offices, as well as archival and records management programs and
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activities in all branches of government, including local government units and
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autonomous regions constitutional offices, and other government instrumentalities.
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Regulation of private archives under this Act shall apply only to those that have been
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declared as Important Cultural Properties or National Cultural Treasures pursuant to
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existing heritage laws, or those determined by NARMA to contain estray public records,
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and shall be exercised with due regard to the constitutional rights to private property,
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data privacy, and due process.


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Sec. 5. Definition of Terms. — For purposes of this Act, the following definitions
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shall hereby apply:
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a) Agency Records Centef refers to the storage of non-current records to
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be managed and operated by each government office concerned or by
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a private entity contracted by a government agency, as approved by
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NARMA;
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b) "Approved Repository refers to a repository to be established by the
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Director General, provided under this act;
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c) "Appraisal' is the systematic study of records to determine whether they
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possess archival value necessitating preservation;
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d) "Archived' refer to:
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1. Public records, papers, periodicals, books or other items, articles
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or materials, whether in the form of electronic, audio-visual or
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print, which by their nature and characteristics have enduring
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value, that have been selected for permanent preservation;
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2. The place (building/room/storage area) where archival materials
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are kept and preserved; and
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3. An organization (or part of an organization) whose main function
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is to select, collect, and preserve archival records and make such
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records available for public use.
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e) "Archival Materia id' refer to records, papers, periodicals, books or other
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items, articles or materials, whether in the form of electronic, audio-
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visual or print or other forms, which by their nature and characteristics
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have archival value;
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f) "Archival Valud' refers to the ongoing usefulness or significance of
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records, based on the administrative, legal, fiscal, evidential, or historical
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information they contain, justifying their continued preservation;
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g) "Controlling Government Agency refers to:
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1. Public office that controls the public records;
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2. Public office that has the power to determine the conditions of
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access to the public archives; and


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3. Any successor of a public office that is abolished, merged or 
reorganized;
h) "Controlling Local Government' refers to:
1) The LGU that has custody and control over the local government 
records; and
2) Any successor to the LGU that is abolished, merged or 
reorganized;
i) "Director General' refers to the head of the national archives and 
records management authority;
j) "Disposal' is the act of discarding or destruction of valueless records in 
accordance with the provisions of this act;
k) "Dispositiorf 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;
l) "Electronic Record^' refer to information recorded in machine-readable 
form, including records created, captured, generated, sent, received, 
and stored in electronic records systems;
m) "Estray Record' refers to a public record that is no longer under the 
custody and control of NARMA or a controlling government office;
n) "Government Officd' refers to any public office in all branches, 
subdivisions, instrumentalities, agencies and entities of the government, 
including, but not limited to, national government agencies (NGAs), 
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, other Philippine 
offices abroad, and other instrumentalities of government;
o) "Head Of Officd' refers to the person responsible for the performance 
of a government office and/or the person responsible for LGU, such as 
the local chief executive;
p) " Important Archival Cultural Propert)/' refers to a record of archives that 
has exceptional cultural, artistic, and historical significance to the
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Philippines, and has been officially declared as such by law or by 
NARMA;
q) '‘'Judicial Record^' refer to records presented to, or belonging to the 
supreme court including all the judicial courts and judicial organizations 
under its jurisdiction;
r) "Legisiative Recordd' refer to records presented to, or belonging to the 
Philippine Senate and the House of Representatives or any of their 
committees;
s) "Locai Government Archived' refer to local government records that 
have been collected by the controlling LGU that served as historical 
evidence in the performance of its duties;
t) "Locai Government Recordd' refer to records in any form, in whole or in 
part, created or received by an LGU in the conduct of its affairs, whether 
before or after the effectivity of this act.
u) "Metadatcf refers to the context and characteristics of electronic 
documents, which provide information about the location of the 
document, its author, and the date it was created, and other relevant 
details that enable its organization, identification, and management;
v) "National Archival Cultural Treasurd' refers to a unique archival record 
found locally that possesses 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 by 
NARMA;
w) "Noncurrent Recordd' 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;
x) "Open Access Recordd' refer to public records, whether in the custody 
and control of the controlling government agency or NARMA, which 
have been in existence for at least thirty (30) years, and to which public 
access has not been otherwise prohibited by the controlling government 
office or NARMA, as the case may be;
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y) "President' refers to the President of the republic of the Philippines;
z) "President's Paperd' refer to records and other documentary materials 
created or received by the President, the President's immediate staff, or 
a unit or individual under the office of the President whose function is 
to advise or assist the President during his/her incumbency;
aa)"Private Archived' refer to records with archival value belonging to 
private individuals and/or entities;
bb)"Protected Record' refers to local government records containing data 
that are important from economic, social, political, legal, national 
security, scientific, cultural, technological or other aspects, which are 
indispensable for the research of historical past, for becoming 
acquainted with and understanding it, and/or for the continuous 
fulfillment of public duties and the realization of citizens' rights, which 
are not or only partially available from other sources; 
cc)" Public Access Registry refers to a register available to the public that 
contains information regarding access to public records, including any 
restrictions or unauthorized disclosures; 
bd)"Public Archived' refer to:
ee)Public records that are determined to have archival value; and 
ff) Private archives that are acquired by NARMA under the provisions of 
this act, as well as any private archives acquired by any government 
office;
qq)"Public Recordd' refer to records or classes of records, in any form, in 
whole or in part, created or received, whether before or after the 
effectivity of this act, by a government agency in the conduct of its 
affairs, and have been retained by that government agency or its 
successors as evidence or because of the information contained therein; 
bb)"Recordd' refer to recorded information in whatever format produced or 
received in the initiation, conduct or completion of an institutional or 
individual activity and that comprises content, context, and structure 
sufficient to provide evidence of the activity;


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ii) "Records Centei" refers to an intermediate repository in which 
noncurrent records of various government offices are stored until they 
can be destroyed or transferred to NARMA; 
jj) "Records Management' refers to the managerial activities involved with 
respect to records creation, records maintenance and use, transmission, 
retention, and records disposition in order to achieve adequate and 
proper documentation of policies and transactions of government for its 
efficient, effective and economical operation;
Vk)"Records Officd' refers to an organizational unit responsible for 
planning, developing, prescribing, disseminating and enforcing policies, 
rules and regulations, and coordinating the agency-wide records 
management program;
II) "Repository refers to a facility determined by a government office for 
the appropriate maintenance and storage of public records; 
mm) 
" Restricted Access Records refer to records for which access has
been restricted due to a legal impediment and/or a standard or advice 
issued by the Director General that requires such public records to be 
withheld from public access;
xwif Standard^' refer to the circulars and orders issued by the Director 
General pursuant to the provisions of this act; 
oo)" Vital Recordd' refer to records containing information essential for: 
emergency operation during a disaster, the resumption and/or 
continuation of operations; the re-establishment of the legal, financial, 
and/or functional status of the organization; and the determination of 
the rights and obligations of individuals and corporate bodies with 
respect to the organization; and
pp)" Vice President's Paperd' 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 during his/her 
incumbency.


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ARTICLE II
PURPOSE, OTHER PRELIMINARY PROVISIONS, 
AND KEY ADMINISTRATIVE PROVISIONS
4 
Sec. 6. NARMA as an Independent Agency. — The NARMA shall be an
5 
independent agency attached to the National Commission for Culture and the Arts
6 
(NCCA) exclusively for cultural program coordination.
7 
Sec. 7. Mandates and Functions. —
8 
a) The following are the mandates of NARMA:
9 
1) It shall be the sole authority in government records management
10 
and archives administration;
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2) It shall plan, develop, prescribe, disseminate and enforce policies,
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rules and regulations and coordinate government-wide programs
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governing the creation, general protection, use, storage and
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disposition of public records, including the acquisition, storage and
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preservation of public archives and providing facilities for reference,
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research, or other purposes;
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3) NARMA shall be the primary government agency responsible for the
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protection, conservation, designation, and regulation of public
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archives, including archival cultural properties; and
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4) NARMA shall exercise regulatory authority over private archives
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only in cases where such archives have been officially declared as
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Important Cultural Properties or 
National Cultural Treasures
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pursuant to existing heritage laws, or where they contain estray
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public records, 
subject to constitutional safeguards on private
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property, data privacy, and due process.
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b) The following are the functions of NARMA:
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1) Take necessary measures to classify, identify, preserve, and restore
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public records;
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2) Acquire or facilitate the acquisition of permanent and suitable
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buildings for NARMA to house the country's archival holdings and
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public records;
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3) 
Conduct archival research 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 archives, and exercise regulatory functions over 
private archives only as provided under this Act;
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 
subject to due process and in accordance with this Act and 
applicable laws on cultural heritage and expropriation;
9) 
Impose administrative fines and sanctions for violation of its rules 
and orders issued pursuant to this act, including the authority to 
investigate offenses, issue subpoenas, administer oaths, take 
testimony, issue cease-and-desist orders, and hold individuals or 
entities in contempt for obstruction or refusal to comply with its 
lawful directives or decisions in the implementation of this act;
10) Ensure the preservation and conservation of existing and future 
archival resources of the government;


1 
11) Issue, transmit and/or reproduce copies, certified true copies or
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certifications on public archives and/or extracts thereof, subject to
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the provisions on access in this act and other existing laws;
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12) Maintain a registry of all public records under the custody and
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control of NARMA which shall be made available for public
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inspection;
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13) Obtain custody and management of all the public archives, both
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physical and digital, not already in the custody and management of
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NARMA. the transfer of custody shall be conducted in accordance
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with established legal and procedural guidelines;
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14) Accept, store, preserve and conserve any public archive transferred
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to NARMA;
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15) Establish, maintain, operate regional archives and records centers
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with complementary archives preservation facilities, 
and all other
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related facilities;
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16) Develop and implement policies, programs, and technologies aimed
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at increasing the capacity for the maintenance, storage,
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reproduction, and preservation of public records in electronic and
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digital formats, this includes ensuring their authenticity, reliability,
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accessibility, and security in alignment with international records
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management standards and best practices, while leveraging data
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analytics, data modeling, and futures thinking to enhance
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capabilities, improve efficiency, and inform evidence-based
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decision-making in a transparent and responsible manner;
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17) Establish special institutes and archives, as may be necessary; and
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18) Prepare, publish, sell, or otherwise distribute materials concerning
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any public archives or any part of the archives or the activities,
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facilities, and services provided by NARMA, subject to the terms
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and conditions on which they are obtained and subject to copyright
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laws.
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Sec. 8. Management of NARMA. — NARMA shall be headed by a Director
32 
General. The Director General shall be assisted by three (3) Deputy Directors-
10


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Generals: one (1) for records management; one (1) for archives administration; and
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one (1) for administrative, finance, and support services.
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The regional offices shall be managed and supervised by the Director General
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and Deputy Directors-General, with the assistance of at least one (1) regional director
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per administrative region, each of whom shall have a Career Executive Service (CES)
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eligibility or its equivalent, in accordance with existing civil service laws and
7 
regulations.
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Each regional director shall be assisted by an assistant director, both the
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regional director and assistant regional director shall be appointed by the Director
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General based on merit, qualifications, and performance.
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Sec. 9. The Director General. — the Director General shall be the National
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Archivist of the Republic of the Philippines, with the rank and emoluments of a
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Department Undersecretary. The Director General shall be appointed by the President.
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No person shall be appointed or designated as Director General of NARMA
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unless he/she possesses the following minimum qualifications:
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a) 
a Filipino Citizen;
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b) 
a holder of a master's degree in archival studies. Arts, History,
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Humanities, Social Studies, Political Science, Sociology, Public
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Administration, Library Science, Information Management or a related
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field of study;
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c) 
ten (10) years of experience, preferably in records management and
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archives administration; and
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d) not previously found guilty of a criminal or administrative offense.
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The Director General shall have a fixed term of seven (7) years. In case of
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vacancy during the seven-year term, the subsequent appointee shall sen/e only the
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unexpired term of the predecessor and may later be reappointed to a fresh seven-
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year term.
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Sec. 10. The Deputy Directors General. — the Deputy Directors - General shall
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have the ranks and emoluments of an Assistant Secretary. One (1) of the Deputy
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Directors General will be appointed by, and shall be coterminous with the Director
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General; while the other two (2) Deputy Directors-General shall be career officials
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appointed by the President.
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No person shall be appointed or designated as deputy director-general of
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NARMA unless he/she possesses the following minimum qualifications:
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a) 
a Filipino Citizen;
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b) 
a holder of a master's degree in Archival Studies, Arts, History,
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Humanities, Social Studies, Political Science, Sociology, Public
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Administration, Library Science, Information Management, or a related
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field of study;
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c) 
five (5) years of experience in records management and archives
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administration; and
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d) 
Career Executive Service Eligibility (for the Deputy Directors General who
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are appointed by the President); and
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not previously found guilty of a criminal or administrative offense.
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Sec. 11. Functions and Powers of the Director General. — the Director General
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shall have the following functions and powers:
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a) 
Establish policies, standards and guidelines related to public records
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management and archives administration programs;
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b) 
Inspect, examine, identify and determine records of government
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agencies and classify and preserve those which are of permanent or
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enduring historical value;
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c) 
Advise on the creation, management, storage, use, and proper
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disposition of physical and digital public records;
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d) 
Direct and determine the necessary standards for the disposition of
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public records;
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e) 
Take suitable measures in preserving and conserving archival materials
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which are under the custody of NARMA, government offices, and private
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archives;
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f) 
Acquire through transfer, donation, purchase, expropriation, or any
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other means public records and private archives, which in his or her
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judgment have archival value;
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g) 
Determine and establish measures on access and use of public archives;
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h) 
Provide maintenance and security for public records in the custody and
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control of NARMA;
12


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i) 
Report to the President any loss of public records in the custody and
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control of NARMA;
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j) 
Enter into agreements with any archival or historical institutions, local or
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abroad, to acquire or copy original documents or archival materials to
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enhance the archival and historical holdings of the Philippines;
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k) 
Establish and implement government-wide programs on public records
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and archives for disaster-preparedness and business continuity;
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I) 
Establish linkages with local and foreign organizations engaged in
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records management and archives administration;
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m) 
design, construct, purchase, lease, maintain, operate, protect, conserve,
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restore, and improve buildings and other acquired facilities for use by
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NARMA;
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n) 
Appoint as a consultant any person who possesses the ability and
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expertise to carry out archival research, documentation work, or any
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activities deemed necessary by the Director General;
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o) 
Review or cause the review of any classified records which are in the
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custody and under the control of NARMA;
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p) 
Inspect the contents of any classified records and declassify or reclassify
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those records which are in the custody and under the control of NARMA,
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in accordance with existing laws, issuances and regulations on classified
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documents;
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q) 
Cite responsible official/s in contempt for any violations of this Act; and
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Perform such other functions as may be necessary for the proper and
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effective management of NARMA and to fully implement this act.
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Sec. 12. Optimization. — The Director General shall have the authority to
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reorganize the structure of the National Archives of the Philippines, including its
27 
staffing pattern, to carry out its functions pursuant to its expanded mandate as
28 
NARMA, subject to the approval of the Department of Budget and Management (DBM)
29 
and in accordance with the rules and guidelines of the Civil Service Commission (CSC).
30 
Sec. 13. Permanent site. - The facilities, buildings, and real properties currently
31 
assigned to or utilized by the National Archives of the Philippines shall be designated
32 
for the exclusive use of the National Archives and Records Management Authority
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(NARMA). These properties shall serve as permanent sites for the Authority's
2 
operations, administration, and archival preservation functions. The ownership and
3 
administration of such properties shall be transferred to NARMA, without prejudice to
4 
the acquisition, lease, or use of additional sites or facilities necessary for the fulfillment
5 
of its mandate.
6 
Sec. 14. Establishment of an Archival Conservation Laboratory- NARMA shall
7 
establish an archival conservation laboratory equipped with advanced paper
8 
conservation tools and equipment to ensure the continued preservation of its archival
9 
collection.
10 
Sec. 15. Establishment of Regional Offices. -NARMA shall establish, operate,
11 
and maintain regional offices to perform active and inactive records management and
12 
archives administration and preservation activities in each administrative region.
13 
The regional offices shall operate regional records centers and regional
14 
archives, with complementary storage facilities and archives preservation facilities.
15 
Sec. 16. Trust Fund. - NARMA shall establish a trust fund which shall be sourced
16 
from fees, fines, and other income generated from operations incidental to its
17 
functions, the trust fund shall be used exclusively for NARMA programs, activities,
18 
acquisitions, infrastructure, improvement, travels, trainings abroad, and analogous
19 
expenses subject to existing government accounting and auditing rules.
20 
Sec. 17. Retention of Income and Disposition of Donated Funds. - Income that
21 
accrues to NARMA from all sources of its operations shall be placed in the NARMA
22 
trust fund and may accumulate for disbursement in future fiscal years, if not used
23 
within the fiscal year in which such income was generated.
24 
Donations of money to NARMA shall also be placed in NARMA trust fund, to be
25 
disbursed according to the terms and purposes of the respective deeds of donation,
26 
or disbursed for any purpose that benefits NARMA, as may be determined by the
27 
Director General, if no specific purposes are stipulated in the deeds of donation.
28 
The handling and accounting of such donations shall be subject to rules and
29 
regulations to be prescribed by NARMA in agreement with the Commission on Audit
30 
(COA) within six (6) months after the effectivity of this act.
31 
Sec. 18. Exemption from Taxes, Duties, Fees, and Charges. - Subject to
32 
pertinent provisions of the National Internal Revenue Code of the Philippines, as
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amended NARMA shall be exempt from paying import taxes and tariff duties on all
2 
art/display materials and equipment directly used for its non-profit programs,
3 
including, but not limited to, the acquisition and the proper management of archival
4 
records, the purchase of such public records, and of the necessary chemicals and
5 
other materials for their preservation and/or restoration, exhibit and technical
6 
equipment and films.
7 
Donations and legacies to NARMA shall be exempt from donor's estate and
8 
inheritance taxes and the same shall be considered as an allowable deduction from
9 
gross income in the computation of the income tax of the donor, in accordance with 
10 the national internal revenue code of 1997, as amended.
11
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ARTICLE III
THE PUBLIC RECORDS MANAGEMENT SYSTEM
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Sec. 19. Objectives of Records Management - NARMA shall lead the 
establishment of the Records Management Standards and Procedures to be 
implemented by all government offices, with particular attention to their peculiar 
needs and operations. Such Records Management Standards and Procedures shall 
seek to pursue and implement the following objectives:
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 control mechanisms with respect to 
records creation 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;
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g) Increase in capacity of electronic and digital forms in the maintenance,
2 
storage, reproduction, and preservation of public records; and
3 
h) Establishment and maintenance of such other systems or techniques
4 
as NARMA considers necessary to carry out the policies and objectives
5 
of this act.
6 
Sec. 20. Establishment of Records Offices in Government Agencies. — Within
7 
one (1) year from the effectivity of this Act, all government agencies or offices, as
8 
defined herein, shall establish, depending on the organizational structure, a Records
9 
Office/unit/section/or division, with its corresponding plantilla positions, in
10 
coordination with the dbm and NARMA. it shall be headed by aRecords Officer, who
11 
may also be an archivist who shall be responsible for ensuring compliance with the
12 
regulations and guidelines issued by NARMA.
13 
Sec. 21. Establishment of Agency Records Centers. — All government offices
14 
shall establish their Agency Records Center for the maintenance and control of
15 
noncurrent records under their custody.
16 
Sec. 22. System of Registration and Accreditation. — Pursuant to the provisions
17 
of this Act, NARMA shall institute a comprehensive system for the registration and
18 
accreditation of various public and private archives nationwide. Such system of
19 
registration and accreditation shall include among others, the mechanism for updating
20 
public and private archives of recent methods, techniques and procedures in records
21 
management and the annual reportorial requirements of their archival holdings.
22 
Sec. 23. Public Access Registry. — All government offices shall regularly conduct
23 
an inventory of their public records and shall be mandated to keep the following data
24 
in their respective public access registry:
25 
a) 
All public records under the government office's custody;
26 
b) 
All public records transferred to NARMA;
27 
c) 
Public records disposed of with authority from NARMA; and
28 
d) 
Data of deferred transfer.
29 
Such public access register shall also contain information on:
30 
a) Restrictions on public access to public records;
31 
b) 
Prohibitions on public access to public archives or protected records
32 
under the control of the Director General; and
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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.
Sec. 24. 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, whenever applicable, as submitted to and approved by 
NARMA.
Sec. 25. Genera!Records Disposition Schedule (GRDS). — NARMA shall develop 
a general records disposition schedule that shall prescribe the disposal of public 
records common to all government offices.
Sec. 26. 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 NARMA, submit an agency records disposition schedule covering 
other public records not covered by the GRDS.
Sec. 27. Disposal of Public Records. — No government office shall dispose, or 
authorize the disposal, of any public record under its custody or control, except with 
the prior written authority of NARMA.
Sec. 28. Authority for the Disposition of Public Records. —
a) 
the Director General 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) the intention to transfer control of the public record, with a general 
list and description of the public record concerned;
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2) the intention to dispose of the public record, with a general list and
2 
description of the public record concerned; and
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3) the place where additional information may be obtained on the
4 
public record concerned and the person to whom any comments
5 
may be sent.
6 
Sec. 29. Transfer of Public Records to NARMA. — heads of government offices
7 
shall cause the transfer of the following public records, under their control and
8 
custody, to the control and custody of NARMA:
9 
a) archival materials or collections of any government office which are more
10 
than thirty (30) years old and have national and historical significance as
11 
determined by NARMA, including, but not limited to:
12 
1) as-built plans of government-owned buildings, bridges, and similar
13 
works implemented by the department of public works and
14 
highways, and by other government offices; and
15 
2) noncurrent public records of a government office with thirty (30)
16 
years or more retention periods, including inactive personnel
17 
records which are often referred to as the 201 files.
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b) any public record, regardless of age, that, in the judgment of the Director
19 
General, have archival value to warrant its preservation;
20 
c) 
public records of a government office that ceases to exist as a public
21 
office, or ceases to exercise a function to which its public records relate,
22 
unless otherwise provided by law;
23 
d) 
President and Vice-Presidential papers;
24 
e) 
Civil Registry Records over one hundred (100) years old; and
25 
f) 
other public records which may be transferred at the option of the heads
26 
of government agencies, subject to the acceptance of such records by
27 
NARMA.
28 
Nothing in this section shall be deemed to authorize the transfer of classified
29 
records except with prior written consent of the head of the government office charged
30 
with the control and custody of public records.
31 
Furthermore, nothing in this section shall be construed as affecting or extending
32 
the law relating to copyright.
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Public records shall be surrendered on demand:
2 
a) Public records, in the possession of a private person who has special
3 
permission to keep and handle records in the course of his official duties,
4 
which in the opinion of the Director General are or likely to be of
5 
permanent and enduring archival value, shall, on demand by the Director
6 
General be surrendered to the custody and control of NARMA; and
7 
b) A public record, which is demanded, need not be surrendered if the head
8 
of the concerned government office has permitted the person referred to
9 
in the immediately preceding subsection to retain possession of the
10 
record.
11 
Sec. 30. Turnover of Presidential and Vice-Presidential Papers. — Presidential
12 
papers and Vice-Presidential papers as defined under this act shall be transferred to
13 
the custody of NARMA within one (1) year from the end of the term of the respective
14 
President and vice President.
15 
Sec. 31. Deferred Transfer of Records. — The Director General may defer the
16 
transfer of any public records when, upon his or her determination, the immediate
17 
transfer of the public records shall prejudice the administration of any government
18 
office or would be contrary to public interest.
19 
The Director General may also defer the transfer of any public records due to
20 
logistical concerns, pending legal 
issues over such records, or failure of the
21 
government office to comply with any procedure and conditions for transfer that
22 
NARMA may set out.
23 
The requirement to transfer public records does not apply to the following
24 
circumstances:
25 
a) Public records whose disposition are under or part of specific acts, laws
26 
regulations, or orders of a competent court, or a quasi-judicial or
27 
investigatory body;
28 
b) when the head of the controlling government office and the Director
29 
General have agreed in writing that the transfer of the public records may
30 
be deferred for a specified period; provided, that such deferment should
31 
not exceed two (2) years, and that this deferment may be extended
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through the extension of the agreement upon approval of the Director 
General, which shall not be more than two (2) years;
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. 32. 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 noncurrent public record 
to a records center as provided for by this act; Provided, that such transfer is approved 
by NARMA and according to the transferring agency's records disposition scheduie and 
the GRDS.
Sec. 33. 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 NARMA:
a) 
Regional Archives — they shall be responsible for the storage, 
processing, servicing and preservation of public archives of government 
offices in a region or regions; and
b) 
Records Centers — they shall be responsible for the storage, processing 
and servicing of the noncurrent records transferred in the records 
centers.
Sec. 34. 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.
c) 
an LGU shall not dispose of a protected record unless it has:
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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 (3) 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. 35. Approval of Repositories. — the Director General 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;
(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
(f) direct an approved repository to transfer public archives to the 
possession of 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. 36. Management of Electronic Records. — all government offices, with
4 
existing electronic records, shall create, implement, and periodically update an
5 
Electronic Records Management Program (ERMP), which shall be in line with the
6 
standards set under this act and other regulations which may be issued by NARMA.
7 
Sec. 37. Electronic Records Standards — The following minimum standards
8 
shall be imposed on Electronic Records Management:
9 
a) Record Documentation - electronic records shall be created with
10 
essential metadata which describe the content and structure of the
11 
record as well as the background of its creation, accurate and reliable
12 
links connecting the electronic record and the transaction that will be
13 
created shall be maintained;
14 
b) Record Accessibility - the content, structure, and context of records
15 
shall be transferred to and preserved in the electronic records
16 
management system in an accessible and useable format until the
17 
records reach the end of their retention period or until they are
18 
destroyed, proper formats shall be used to ensure interoperability
19 
among systems and agencies, enabling efficient record management
20 
and access;
21 
c) Record Integrity- all electronic records shall be properly secured, they
22 
shall be protected throughout their retention periods from intentional
23 
or accidental modifications, disclosures deletion, 
and unauthorized
24 
access, permission to capture, access, or destroy electronic records
25 
shall only be given to authorized personnel; and
26 
d) Record Security - agencies shall formulate their own rules on access
27 
levels to include the use of usernames and passwords, access rights
28 
may be given to authorized users and/or personnel in accordance with
29 
applicable provisions of the data privacy act and other regulations
30 
pertaining to confidential and classified records, the agency shall also
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identify which electronic records are subject to legislative, regulatory
2 
and institutional policy restrictions.
3 
Sec. 38. Inventory of Electronic Records— all government offices shall create
4 
an inventory of all electronic records, regardless of media, government offices shall
5 
also ensure that all electronic records are included in their respective agency records
6 
disposition schedules.
7 
Sec. 39. Digitization of Paper Records— records with long-term administrative,
8 
legal, fiscal, or other permanent value shall be prioritized for conversion to an
9 
electronic format.
10 
Sec. 40. Preservation of Electronic Records — government offices shall
11 
guarantee that electronic records will not sustain any loss or alteration of information
12 
at all stages of their existence. Government offices must ensure the future accessibility
13 
of electronic records by developing migration and conversion strategies that are
14 
designed to update hardware, software, and storage media before they reach
15 
obsolescence.
16 
Furthermore, government offices shall maintain appropriate back-up media and
17 
systems for storing electronic records through-out the records retention period.
18 
Sec. 41. Migration of Electronic Records — Migration of electronic records shall
19 
be required when at least one (1) of the following conditions is met:
20 
a) the scheduled destruction date is greater than five (5) years from the
21 
initial installation date or last major upgrade of the computer storage
22 
device or software that reads, process, or maintains the records;
23 
b) the total retention period is greater than ten (10) years from the date
24 
the records were created; or
25 
c) usability of the electronic records will be affected by replacements,
26 
upgrades, or other changes in computer hardware or software
27 
components.
28 
Sec. 42. Retention and Disposal of Electronic Records — The retention and
29 
disposal of electronic records shall be in accordance with the approved records
30 
disposition schedules of this Act.
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ARTICLE VI
STANDARDS, INSPECTION, REPORTING AND AUDIT
3 
Sec. 43. Effectivity of Standards. — All standards issued by the Director General
4 
shall be published in the Official Gazette or in a newspaper of general circulation not
5 
later than ninety (90) days before its effectivity. in the absence of such required
6 
publication, the standards issued shall be deemed ineffective and unenforceable.
7 
Sec. 44. Inspection Powers. — the Director General may, after giving
8 
reasonable notice to a government office or private archive concerned, review the
9 
records management and archives administration practices and programs of any
10 
government office, determine the effectiveness and compliance of such practices and
11 
programs with this act, and make the necessary recommendation or directive for
12 
correction or improvement of records management; Provided, that during the conduct
13 
of inspection, the Director General may require the production of documents or
14 
archives.
15 
However, the Director General is prohibited from exercising such power to
16 
inspect in cases where public records:
17 
a) carry security classifications; and,
18 
b) are restricted by other legislation without the consent of the head of
19 
the controlling government office.
20 
The provision of this section applies, with the necessary modifications, to local
21 
government records and local government archives.
22 
For this purpose, NARMA shall adopt an operational guideline and rules of
23 
procedure.
24 
Sec. 45. Direction to report to the Director General. — the Director General may
25 
give notice in writing directing the head of a government office or of an approved
26 
repository to report to the Director General or to any other person on:
27 
a) any specified aspect of its record keeping practice; or
28 
b) the public records that it controls or, in the case of an approved
29 
repository, has possession of.
30 
Sec. 46. Annual Report on Record Keeping. — The Director General shall make
31 
an annual report to the President on the state of record keeping within government
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offices. Such report shall be included in the annual report given to the President where
2 
the same shall be furnished to the congress.
3 
Sec. 47. Public Records Management Audit — The Director General shall be
4 
authorized to conduct records management audit in government offices and other
5 
public archives. All heads of each government office, whether national or local, shall
6 
grant access to all of their records for audit purposes.
7 
For this purpose, the Director General may deputize the respective Records
8 
Officers of the concerned agencies or office to assist in the conduct of the audit.
9
10
ARTICLE VII
ARCHIVES ADMINISTRATION AND PROCUREMENT
11 
Sec. 48. Access Status. — When public records that have been in existence for
12 
thirty (30) years or more are about to be transferred to the custody and control of
13 
NARMA, the head of the controlling government office shall classify the records as
14 
either:
15 
a) Open access records, which may be freely accessed by the public; or
16 
b) Restricted access records, which must be withheld from the public as
17 
required by law or as deemed necessary by the head of government
18 
office.
19 
At the time of original classification, the controlling government office shall
20 
establish a specific date or event for declassification 
based on the duration of the
21 
national security sensitivity of the information, which period shall not exceed thirty
22 
(30) years. Such period may be extended upon approval by the Director General of
23 
the request by the controlling government agency, which extension shall not be more
24 
than five (5) years at a time.
25 
Sec. 49. Grounds for Determining Access Status. —
26 
a) In classifying the access status of a public record, the head of the
27 
controlling 
government office shall consider existing rules and
28 
regulations on classified records.
29 
b) If there are no good reasons to restrict public access under subsection
30 
(a), or if no legal impediment exists that requires a public record to be
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withheld from public access, the head of the controlling government 
office shall classify the record as an open access record.
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 the 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) A public record subject to a restriction under subsection (c) becomes an 
open access record on the withdrawal of the restriction.
f) 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) Every controlling government office is responsible for dealing with 
requests for official and personal information under the existing laws and 
regulations on access to classified matters.
Sec. 50. Access Status of Local Government Records. —
a) When a local government record becomes a local government archive, 
the head of the local government shall classify it as either:
(1) an open access record; or
(2) a restricted access record.
b) The head of a local government may, at any time, change the 
classification of a local government record upon consultation with the 
Director General.
Sec. 51. Grounds for Determining Access Status of Local Government Records.
a) In classifying the access status of a local government record, the head 
of the controlling local government shall consider the following:
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1) there are good reasons to restrict public access to the local
2 
government record, having regard to any relevant
3 
standard or advice issued by the Director General; or
4 
2) there exists a legal impediment that requires such local
5 
government record to be withheld from public access.
6 
b) If there are no good reasons to restrict public access under subsection
7 
(a)(1), or if no legal impediment exists that requires a local government
8 
record to be withheld from public access, the head of the controlling
9 
government office shall classify the record as an open access record;
10 
c) However, if there are good reasons to restrict public access under
11 
subsection (a)(1), or if a legal impediment so requires a local
12 
government record to be withheld from public access, the head of the
13 
controlling local government shall, having regard to any relevant
14 
standard or advice issued by the Director General, determine whether it
15 
is necessary to restrict public access to the local government record for
16 
a specified period of time, but which shall not be for a period exceeding
17 
thirty (30) years, or permit public access subject to the appropriate
18 
conditions;
19 
d) Despite subsection (c), the head of the local government may, if there
20 
is good reason to do so, restrict public access to the local government
21 
record for one or more further specified periods not exceeding thirty (30)
22 
years for each further period;
23 
e) At any time, the head of the controlling local government, having regard
24 
to any relevant standard or advice issued by the Director General, may
25 
vary or withdraw a condition imposed; 
and
26 
f) A local government record, subject to a restriction under subsection (c),
27 
becomes an open access record on the withdrawal of the restriction.
28 
Sec. 52. Access to Public Archives. — Any person may, for the purpose of
29 
reference or research, inspect any public archives or public records made available to
30 
the public; Provided, That all conditions or restrictions imposed by NARMA and the
31 
government office from which the public records were acquired are met.
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Sec. 53. Public Inspections of Open Access Records. — Unless this Act provides
2 
otherwise, an open access record shall be made available for inspection by the public
3 
as soon as it is reasonably practicable after a request to inspect the record is made to
4 
the government office, the approved repository, or NARMA, whichever has possession
5 
of the open access record.
6 
Sec. 54. Publication or Copying of Public Archives under NARMA. — The Director
7 
General may, subject to the condition that he/she deems appropriate, authorize, in
8 
writing, the publication or replication of a public archive that is an open access record.
9 
Sec. 55. Prohibition on Public Access or Replication. — Accessing or replicating
10 
a public archive or protected record which is under the control and custody of NARMA
11 
shall be deemed prohibited. Such prohibition on public access shall be noted in the
12 
Public Access Registry.
13 
Sec. 56. Restricted Access Records. — The period for which public access to a
14 
public record may be restricted may, upon the written request of the Director General,
15 
be reviewed after the expiry of ten (10) years from the date that the restriction is
16 
recorded in the Public Access Registry: Provided, That before its expiry, it may be
17 
extended for further periods as specified by the head of the controlling government
18 
office.
19 
Sec. 57. Creation of Archival Preservation Copies. — NARMA shall ensure
20 
continued access to its archival collection through the creation of preservation copies
21 
of its archival records in various preservation formats, such as but not limited to,
22 
microfilms and microfiche.
23 
Sec. 58. Protection of Records and Archives Against Disasters. — NARMA shall
24 
establish standards and guidelines for the protection of records and archives during
25 
natural disasters and human-induced calamities. It shall establish close coordination
26 
with relevant government agencies to ensure that records and archives are protected
27 
and preserved during natural disasters and human-induced calamities.
28 
Sec. 59. Inalienability and Imprescriptibility of Public Records and Public
29 
Archives. — All public records and public archives are inalienable and cannot be
30 
removed, abandoned, destroyed or transferred from the agency having custody of the
31 
records without the authorities under this Act or its implementing rules.
28


1 
NARMA shall have the right to recover, manage, and retain custody/possession
2 
of any and all estray records at any time. Furthermore, NARMA may compel any person
3 
to surrender an estray record at any time after due notice,
4 
The head of the concerned government office shall notify NARMA of any actual,
5 
impending, or threatened unlawful removal, sale, unauthorized reproduction,
6 
defacing, alteration, corruption, deletion, erasure, or other destruction of records in
7 
the custody of a government office. NARMA shall then initiate action for the recovery
8 
and protection of such public records Provided, That nothing in this section shall be
9 
construed to authorize warrantless entry or seizure absent due process of law.
10 
Sec. 60. Procurement of Items for NARMA Collections. — NARMA shall be
11 
allowed to procure archival collections or items by means of direct negotiation with
12 
the owners of such items, or their duly designated agents or representatives, in the
13 
Philippines and abroad.
14 
Furthermore, nothing in this section shall be construed as affecting or extending
15 
the law relating to copyright. Notwithstanding the provisions of the Intellectual
16 
Property Code (RA 8293 as amended), copyright of properties acquired pursuant to
17 
the preceding sections shall belong to NARMA, unless otherwise stipulated.
18 
Sec. 61. Procurement through Public Auction. — The NARMA shall be authorized
19 
to procure unique, special, and/or original items for its collections through bidding at
20 
public auctions, including online public auctions. For each item, the Director General
21 
shall predetermine an appropriate price ceiling based on his or her judgment of the
22 
fair market valuation of the same, exclusive of commissions, fees, charges, taxes and
23 
other associated expenses.
24 
The interest of NARMA in a certain item shall be made known to the
25 
management of the public auction, which shall duly disclose or otherwise announce it
26 
to all parties registered to observe or participate in the said auction. However, with or
27 
without prior notice, NARMA shall be given preference in the bidding process and it
28 
shall have thirty (30) working days, upon notice of the conclusion of the highest bid,
29 
to match the highest bid made for an item it has expressed an interest in, and if the
30 
bid is successfully matched then NARMA shall be awarded the item in question.
31 
The invoice issued to NARMA by the management of the public auction, which
32 
shall include the relevant commissions, fees, charges, taxes, and other associated
29


1 
expenses in addition to the bid price for the item, followed by the procedure in the
2 
immediately preceding section, shall be considered sufficient for the procurement of
3 
an item under this section.
4 
ARTICLE VIII
5 
PROTECTION, PRESERVATION, AND CONSERVATION
6 
OF ARCHIVAL CULTURAL HERITAGE
7 
Sec. 62. Declaration of Archival Records as National Cultural Treasures and
8 
Important Cultural Properties. — The NARMA shall declare archival properties as
9 
Archival National Cultural Treasures or Archival Important Cultural Properties in
10 
accordance with the provisions of the National Cultural Heritage Act, as amended.
11 
Sec. 63. Right of First Refusal over Archival Records Declared as Important
12 
Cultural Properties and National Cultural Treasures. — NARMA shall be given the right
13 
of first refusal in the purchase of archival records declared as National Cultural
14 
Treasures or Important Cultural Properties. Prior to the finality of the sale, NARMA
15 
may likewise match any offer made for the purchase of said properties declared
16 
pursuant to the National Cultural Heritage Act or other applicable laws.
17 
Sec. 64. Conservation of Archival Records Declared as National Cultural
18 
Treasures and Important Cultural Properties. — All intervention works and measures
19 
on conservation of archival records declared as National Cultural Treasures and
20 
Important Cultural Properties, including presumed cultural properties, shall be
21 
undertaken or supervised by NARMA.
22 
NARMA shall approve only those methods and materials that strictly adhere to
23 
the internationally accepted standards of conservation.
24 
ARTICLE IX
25 
INVESTIGATION, PROSECUTION, AND OFFENSES
26 
Sec. 65. Investigation and Prosecution of Offenses. — The Director General
27 
may investigate an alleged violation of this Act, or of a rule, regulation, or order of
28 
NARMA.
30


1 
Sec. 66. Administration of Oaths, Subpoena of Witnesses and Documents. —
2 
The Director General may administer oaths and affirmations, issue subpoena ad
3 
testificandum and subpoena duces tecum, take testimony in any inquiry or
4 
investigation, and may perform other acts necessary to the proceedings or to the
5 
investigation.
6 
Sec. 67. Cease and Desist Orders. — Whenever the Director General has
7 
reasonable basis to believe that a person has violated, or is about to violate this Act,
8 
or a rule, regulation, or order of NARMA, he or she may direct such person to desist
9 
from committing the act constituting the violation.
10 
The Director General may issue a cease-and-desist order ex parte \.o enjoin an
11 
act or practice which is fraudulent or can be reasonably expected to cause significant,
12 
imminent, and irreparable danger or injury to public safety or welfare in relation to
13 
the purposes and objectives of this Act. The ex parte order shall be valid for a
14 
maximum period of twenty (20) days, without prejudice to the order being made
15 
permanent after due notice and hearing.
16 
Sec. 68. Contempt — Any person who, without justifiable cause, fails or refuses
17 
to comply with any lawful order, decision, or subpoena issued by the Director General,
18 
or his/her authorized officer/s, shall, after due notice and hearing, be held in contempt
19 
and fined in an amount not exceeding thirty thousand pesos (P30,000.00). When the
20 
refusal amounts to clear and open defiance of NARMA's order, decision, or subpoena,
21 
NARMA may impose a daily fine of one thousand pesos (R1,000.00) until the order,
22 
decision, or subpoena is complied with.
23 
Sec. 69. Administrative Fines or Sanctions. — If, after due notice and hearing,
24 
NARMA finds that (a) there is a violation of the rules and orders issued pursuant to
25 
this Act; (b) there is obstruction or refusal to comply with NARMA's lawful directives
26 
in the implementation of this Act; or (c) there is a conduct of seminars, trainings, and
27 
lectures regarding public records disposition without authority from the Director
28 
General, it shall, in its discretion and based on the attending facts and circumstances
29 
and with regard to the gravity and willfulness of the violation, impose an administrative
30 
fine of not less than fifty thousand pesos (R50,000.00), nor more than one million
31 
pesos (P1,000,000.00), plus not more than two thousand pesos (P2,000.00) for each
32 
day of continuing violation, with legal interest.
31


1 
The imposition of an administrative fine or sanction shall be without prejudice
2 
to any criminal or civil liability of the offender.
3 
The Director General shall have the power to issue writs of execution to enforce
4 
the provisions of this section and to enforce payment of the fees herein. The fees
5 
collected under this section shall be forwarded and remitted to the NARMA Trust Fund
6 
created under Sec. 16 of this Act.
7 
Sec. 70. Offenses and Penalties. — The following acts are hereby deemed
8 
unlawful and subject to the corresponding penalties:
9 
a) Willfully or negligently altering, damaging, or destroying/disposing of
10 
any public record in the possession of NARMA and other government
11 
agencies, other than in accordance with the provisions of this Act -
12 
imprisonment of no less than five (5) but no more than ten (10) years
13 
and/or a fine of no less than five hundred thousand pesos
14 
(P500,000.00) but no more than one million pesos (R1,000,000.00), at
15 
the discretion of the court;
16 
b) Transferring a public record outside of the Philippines without the
17 
express written authority of the Director General - imprisonment of no
18 
less than five (5) but no more than ten (10) years and/or a fine of no
19 
less than five hundred thousand pesos (P500,000.00) but no more
20 
than one million pesos (P1,000,000.00), at the discretion of the court;
21 
and
22 
c) Selling of public archives under the custody of NARMA, without
23 
NARMA's authority - imprisonment of no less than five (5) but no more
24 
than ten (10) years and/or a fine of no less than five hundred thousand
25 
pesos (P500,000.00) but no more than one million pesos
26 
(P1,000,000.00), at the discretion of the court; and
27 
Any public officer committing any of the unlawful acts prohibited under this Act
28 
shall be punished by an additional fine of not less than five hundred thousand pesos
29 
(P500,000.00) but not exceeding one million pesos (P1,000,000.00) and/or additional
30 
imprisonment for not less than five (5) years but not more than fifteen (15) years
31 
and/or both fine and imprisonment at the discretion of the court, without prejudice to
32 
the filing of administrative charges that would result in such public officer's perpetual
32


1 
disqualification from public office, and forfeiture, in favor of the government, of his/her
2 
salary and other lawful income.
3 
The violation of the provision of this section proven in a proper administrative
4 
proceeding shall be sufficient cause for removal or dismissal of a public officer, even
5 
if no criminal prosecution is instituted against him/her.
6 
A person convicted of an offense under this section may, in addition to any
7 
penalty imposed for violation, be prohibited by order of the court from having access
8 
to NARMA for any period that the court deems appropriate.
9 
Sec. 71. Competent Court. — Until otherwise provided by law, all prosecutions
10 
under this Act shall be within the original jurisdiction of the proper Regional Trial Court.
11 
Sec. 72. Prescription of Offenses. — All offenses punishable under this Act shall
12 
prescribe in twenty-five (25) years.
13 
Sec. 73. Termination of Office. — No public officer shall be allowed to resign or
14 
retire pending an investigation, criminal or administrative, or pending a prosecution
15 
against him/her, for any offense under this Act or under the relevant provisions of the
16 
Revised Penal Code.
17 
Sec. 74. Suspension and Loss of Benefits. — Any public officer against whom
18 
any criminal prosecution under a valid information under this Act or under the relevant
19 
provisions of the Revised Penal Code is pending in court shall be suspended from
20 
office. Should he/she be convicted by final judgment, he/she shall lose all retirement
21 
or gratuity benefits under any law, but if he/she is acquitted, he/she shall be entitled
22 
to reinstatement and to the salaries and benefits which he/she failed to receive during
23 
suspension, unless in the meantime administrative proceedings have been filed
24 
against him/her.
25
26 
27
ARTICLE X
INSTITUTIONAL COORDINATION, 
ACCOUNTABILITY, AND LEGAL SAFEGUARDS
28 
Sec. 75. Engagement with Legisiative, Judicial, Constitutional Commission
29 
Records. — The Legislative and Judicial branches of government, as well as the
30 
Constitutional Commissions, are encouraged to coordinate with the NARMA in
33


1 
developing appropriate protocols for the preservation, transfer, or safekeeping of
2 
legislative and judicial records. Such engagement shall respect the institutional
3 
independence of these branches, and NARMA shall provide technical assistance or
4 
repository access upon request. Any transfer of legislative or judicial records to NARMA
5 
shall be made voluntarily or pursuant to a memorandum of agreement.
6 
Sec. 76. Records Custodian in Local Government Units. — 
1 All LGUs shall designate a Records Custodian who shall be accountable for the
8 
safekeeping and management of local government records in accordance with this
9 
Act. The Records Custodian shall serve as the official liaison with NARMA for all matters
10 
relating to archival preservation, access, transfer, and disposal of local records.
11 
Sec. 77. Appeals and Remedies. — Any person, entity, or public officer
12 
aggrieved by a decision, order, or imposition of fine or sanction by NARMA under this
13 
Act may file a motion for reconsideration within fifteen (15) days from receipt thereof.
14 
If denied, such decision may be appealed to the Office of the President within thirty
15 
(30) days, without prejudice to the right to seek judicial remedies in accordance with
16 
the Rules of Court.
17 
Sec. 78. Alignment with National Security and Privacy Protocols. —
18 
The implementation of this Act, particularly with respect to the classification, access,
19 
or declassification of public records and archives, shall be consistent with Executive
20 
Order No. 608, s. 2007 (Establishing a National Security Clearance System), the Data
21 
Privacy Act of 2012 (Republic Act No. 10173), and other applicable laws protecting
22 
sensitive, classified, or personal information.
23
24
ARTICLE XI 
FINAL PROVISIONS
25 
Sec. 79. Transitory Provisions. — All the assets, fixed and movable, and all
26 
contracts, documents, and records of the National Archives of the Philippines relative
27 
to its operation are hereby transferred to NARMA.
28 
All agreements and contracts entered into by the NAP shall remain in full force
29 
and effect unless otherwise terminated, modified, or amended.
34


1 
The incumbent Executive Director and Deputy Executive Directors of the
2 
National Archives of the Philippines shall continue to serve in their respective capacity
3 
as the Director General and Deputy Directors General of NARMA for one year after the
4 
effectivity of this Act, or until the completion of their respective terms of office as
5 
granted under Republic Act No. 9470, whichever is longer. Any benefits, privileges, or
6 
rank increases provided herein shall take effect only after the expiration of the term
7 
of the incumbent officials of NAP, now NARMA, and shall apply exclusively to their
8 
successors.
9 
The necessary plantilla positions and organizational units within NARMA,
10 
including the additional positions of Deputy Directors General and Regional Directors,
11 
shall be established in coordination with the Department of Budget and Management.
12 
Sec. 80. Appropriations. — The amount of Two Hundred Million Pesos
13 
(P200,000,000.00) necessary to carry out the provisions of this Act shall be
14 
appropriated from funds not otherwise appropriated and are available in the National
15 
Treasury. Thereafter, such sums as may be necessary for the continued
16 
implementation of this Act shall be included in the annual General Appropriations Act.
17 
Sec. 81. Implementing Rules and Regulations. — Within ninety (90) days from
18 
the effectivity of this Act, NARMA shall promulgate the necessary rules and regulations
19 
for the proper implementation of this Act. The Implementing Rules and Regulations
20 
(IRR) shall include, among others:
21 
Sec. 82. Separability Clause. — Should any portion or provision of this Act be
22 
declared unconstitutional, the same shall not affect the validity and effectivity of the
23 
other portions or provisions hereof not affected thereby.
24 
Sec. 83. Repealing Clause. — Republic Act No. 9470, otherwise known as the
25 
"National Archives of the Philippines Act of 2007," is hereby repealed in its entirety.
26 
All other laws, presidential decrees, executive orders, rules and regulations,
27 
circulars, or parts thereof that are inconsistent with the provisions of this Act are
28 
hereby repealed, amended, or modified accordingly.
29 
Sec 84. Effectivity. — This Act shall take effect after fifteen (15) days following
30 
the completion of its publication in the Official Gazette or in a newspaper of general
31 
circulation.
Approved,
35