Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No. _____
___________________________________________________________________
Introduced by Representative PABLO JOHN F. GARCIA
___________________________________________________________________
EXPLANATORY NOTE
Legal deposit is the mandatory systematic collection of published outputs to a
designated repository. It is vital to the preservation of a country’s intellectual and
cultural heritage as well as to the promotion of research to current and future
generations.1 Comprehensiveness of a nation’s legal deposit scheme must be
aspired.
The Philippine legal deposit scheme is embodied in Presidential Decree No.
812, s. 19752. It provides guidelines on the manner of collection of published printed
materials in the country to ensure their availability for posterity and cushion against
unforeseen events and calamities. However, it remains unchanged for almost half a
century in spite of the proliferation of digital publications and developments on the
management of copyrighted materials.
This bill aims to expand PD 812 and formally include digital publications in the
country’s legal deposit scheme. While some initiatives such as the Philippine eLib
project3 already exists and some laws allude to it4, the country’s legal deposit regime
could be given more attention and improved through the direct amendment of PD
812.
Cognizant
with
the
recommendations
of
the
International
Publishers
Association,5 It also aims to promote voluntary digital legal deposits from publishers,
5 Id. See Note 1.
4 See Sections 191 and 227 of Republic Act 8293, otherwise known as the “Intellectual Property Code
of the Philippines”, Section 31 (c) of Republic Act No. 10066, or the “National Cultural Heritage Act of
2009”, and Sections 4 (c) (1) and Section 21 (3) of Republic Act No. 9470, or the “National Archives of
the Philippines Act of 2007”.
3 See http://www.elib.gov.ph/.
2
Decree
on
Legal
and
Cultural
Deposit.
Retrieved
from
https://www.officialgazette.gov.ph/1975/10/18/presidential-decree-no-812-s-1975/.
1
Digital
Legal
Deposit:
An
IPA
Special
Report.
(2014,
July
24).
Retrieved
from
https://www.internationalpublishers.org/images/news/2014/digital-legal-deposit-2014.pdf.
November 22, 2022
12:36 pm
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strengthen publisher-librarian relationships, and protect publishers’ rights, among
others.
In view of the foregoing, the immediate passage of the bill is earnestly sought.
Rep. PABLO JOHN F. GARCIA
3rd District, Province of Cebu


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


he deems fit, and in the interest of educational or cultural advancement,
scholarship, or research, the materials on legal deposit in the National
Library, SUBJECT TO REPUBLIC ACT NO. 8293, OTHERWISE
KNOWN AS THE “INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES”, AS AMENDED.
Section 5.
Section 7 of Presidential Decree No. 812, s. 1975 is hereby amended
to read as follows:
Section 7. The records to be kept by the Director of the National Library,
pursuant to the immediately preceding section, shall be published in the
PRINTED AND ONLINE VERSIONS OF THE Official Gazette at the
end of each quarter, counted from the beginning of each calendar year,
or not less than one month after the end of such quarter.
Section 6.
Section 8 of Presidential Decree No. 812, s. 1975 is hereby amended
to read as follows:
Section 8. In case of a copyrighted work, the RELEVANT provisions of
REPUBLIC ACT NO. 8293, AS AMENDED, shall [not] apply.
Section 7.
Section 9 of Presidential Decree No. 812, s. 1975 is hereby amended
to read as follows:
Section 9. In case of total or partial non-fulfillment of the deposit
required under Section 2 (A) AND SECTION 2 (B) of this Decree, the
publisher shall [upon conviction] be liable to a fine of not less than TEN
THOUSAND PESOS (P10,000.00) [fifty (P50.00)] Pesos nor more than
FIFTY THOUSAND (P50,000.00) [five hundred (P500.00)] Pesos and
shall, likewise, be obliged to deliver the materials published or printed.
If the copy of the material is no longer available, a reproduction thereof,
or the value of the work, shall be added to the fine.
Section 9.
Legal Deposit Advisory Panel. - A legal deposit advisory panel
composed of the Director of the National Library, the University Librarians of the
University of the Philippines Main Library, of the University of the Philippines Cebu
University Library, and of the Mindanao State University Library, and the Cultural
Center of the Philippines Library is hereby established to develop policies, standards,
and assessments regarding the decree on matters such as but not limited to scope of
materials covered, data security, and content restrictions.
Section 10. Publisher-Librarian Relationship. - Deposit libraries shall implement
regular collaboration and mediation mechanisms with publishers to address key
concerns such as copyright protection, digital security and monitored access, and
ensure that the digital legal deposit schemes are clear, mutually agreed, and flexible.


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


Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or at least two (2) national newspapers of general
circulation.
Approved,