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THIRTEENTH CONGRESS OF THE REPUBLI 
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OF THE PHILIPPINES 
1 
First Regular Session 
) 
/ 
S E N A T E  
S. No. 
Introduced by Senator S. R. Osmefia 111 
EXPLANATORY NOTE 
This bill seeks to amend Executive Order 209, otherwise known as the National 
Archives Law to promote the enrichment, expansion and conservation of our archive 
resources and other vital public records. 
Under the proposed provisions of this bill 
the Records Management and Archives Office will be renamed as the National 
Archives of the Philippines and reorganized as a new agency under the 
Department of Education, Culture and Sports (DECS) to be headed by a 
director with a rank equivalent to that of a Bureau Director. This new agency, to 
be housed in the restored lntendencia building in lntramuros shall plan, 
develop, prescribe, disseminate, enforce policies, rules and regulations and 
coordinate government programs in accordance with the provisions of this bill; 
A Center for Archival and Historical Studies will be created, which will be 
mandated to conduct official government research on Philippine History; 
Destruction of public records or refusal to surrender such records to the 
National Archives despite written demand by the Director shall be subject to 
crirninal prosecution; and 
The National Archives General fund will be created with initial appropriations of 
P510 million to be taken from government financial institutions such as PCSO, 
GSlS and PAGCOR. 
Philippine history and culture, as embodied in historical records and artifacts, 
provide the basis for our national identity and unity as a people. These surely merit 
the investments proposed in this bill. 
In view of the foregoing, early passage of this bill is earnestly requested. 
tt 
SERGIO OSMENA 111 
Senator 


THIRTEENTH CONGRESS OF THE EPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
b 
/ 
Introduced by Senator S. Fa. Qsmeiia 111 
AN ACT 
ESTABLISHING 
THENATIONAL 
ARCHIVES 
OF 
THE 
PHILIPPINES, 
STRENGTHENING ITS POWERS, APPROPRIATING FUNDS THEREFOR, AND 
FOROTHERPURPOSES 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
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SECTION 1. Short Tifle. - This Act shall be known and cited as the 
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“National Archives Act 2001 .” 
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SEC. 2. Declarafion ofPolicy. - It is the declared policy of the State to 
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conserve, promote and popularize the nation’s historical and cultural heritage 
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through the enrichment, expansion and conservation of our archival resources 
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and other vital public records which constitute the cultural and historical treasure 
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of the nation and which shall be under the protection and disposition of the 
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State. 
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SEC. 3. Definifion of Terms. - As used in this Act: 
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a) Archives - refers to any of the following: 
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I. 
records more than twenty-five years old; 
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II. 
records no longer of current use to an organization or agency 
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that was selected for permanent preservation due to their 
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evidential, informational, or historical value; 
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Ill. 
an organization or agency or part thereof whose main 
responsibility is to select, preserve and make archival materials 
available for use; 
the premises, building, room, or storage area where archival 
materials are kept and preserved; and 
archival materials, collections or holdings. 
IV. 
V. 
b) Archival material - refers to original documents or copies thereof in 
whatever media where only one copy exists in the Philippines. 
c) The National Archives - refers to the National Archives of the 
Philippines under this Act. 
d) Private archives - refers to records or documents that are of enduring 
national, cultural and historical value but owned or controlled by 
private individuals or entities. 
e) Public archives - refers to public records that are more than twenty- 
five years old, of enduring national, cultural and or historical value, 
that have been transferred to the National Archives, local or public 
archives, including documents, books or other materials acquired or 
for them. 
f) Public Records 
refers to paper, books, photographs, microfilms, 
films, sound recordings, drawings, maps, electronically generated 
documents, or in whatever physical form or medium, any copy thereof, 
that have been created, received or passed upon by government 
agencies through transaction of official business and retained by the 
agency or its successor as evidence of its objectives, functions, 
policies, decisions, procedures, operation and activities, or due to the 
essential nature of information contained therein. 
g) Records ‘Center - refers to a centralized area within an agency 
established for the efficient storage and servicing of semi-active or 
non-current records. 
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h) Records Management - refers to the administrative functions 
cdncerned with the creation, use, maintenance, retention, protection, 
ppservation and disposition of all types of records for purposes of 
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repucing 
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costs, increasing efficiency, and servicing management 
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thfough records handling operations. 
SEC.ij4. Remaining of the Records Management and Archives Office. 
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rds Management and Archives Office, created in 1958 under 
No. 290 and amended in 1987 by Executive Order No. 285, is 
as the National Archives of the Philippines. 
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The [National Archives shall remain an attached agency of the 
Department! of Education, Culture and Sports, and shall be under the 
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administrati, 
~ e supervision of the Secretary of Education, Culture and Sports. 
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SEC.1 5. Mandate of the National Archives. - The National Archives 
shall be primarily responsible for the implementation of the objectives and 
provisions of this Act. 
In this regard, it shall plan, develop, prescribe, disseminate and enforce 
policies, rules and regulations and coordinate government-wide programs 
governing the general protection, use, maintenance, storage and disposition of 
public records including the protection maintenance, use and storage or 
permanent archival and historical records. 
SEC. 6. Organizational Units and Functions. - To carry out its 
mandate under this Act, the National Archives shall consist of, but not be limited 
to, the following divisions: 
a) Archives Division - The Archives Division shall acquire, appraise, 
arrange, describe, conserve, and make available to the public 
documents and records of permanent value and or historical interest. 
It shall discharge the following specified functions and responsibilities: 
1) Recommend policies and programs related to the acquisition, 
storage and use of documents; 
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Accept, store, protect, preserve and conserve any public archives 
transferred to the National Archives; 
Acquire by donation, purchase, or other means any document, 
book or other private archives which in the judgement of the 
Director are or likely to be of enduring or historical value; 
Obtain, recover, possess and manage all public archives not in the 
custody or control of the National Archives; 
Organize, describe and make available for public use all public 
archives; 
Cause the registration and inventory of private archives; 
Ensure the protection, preservation and conservation of existing 
and future archival and historical resources of the government and 
the entire country; 
Attend to inquiries regarding archival holdings; 
Issue reproduce, certified true copies and certifications about and 
from archival holdings; 
I O )  Computerize, digitize or convert in electronic form permanent 
records and its historic holdings; 
11) Encourage, facilitate, sponsor or promote the use and/or 
exhibition of archival materials; 
12) Publish guides, inventories and other aids required to disseminate 
information on the holdings of the National Archives; 
13) Copy private archives of individuals or institutions to develop 
archival historical holdings; 
14) Enter into agreements with any archival or historical institution 
here and abroad to acquire or copy original documents or archival 
materials to develop and enhance the archival and historical 
holdings of the Philippines; 
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b) Center for Archival and Historical Studies - shall initiate and conduct 
researches and studies on all maters affecting archival records and 
documents and matters of historical interest. It shall discharge the 
fo I low i ng specified functions and responsibilities : 
1) Conduct researches and studies on the Philippines using archival 
materials here and abroad; 
2) Cause the publication of the researches and studies and 
disseminate official findings of the same; 
3) Conduct and or participate in researches and studies on archives 
and documentation here and abroad for the growth and 
development of the personnel of the National Archives including 
other local archivists; 
c) Current Records Division - The Current Records Division shall serve 
primarily as a planning, regulating, policy making and advisory unit on 
matters concerning the use, maintenance and disposition of operating 
records of government entities. 
1) Conduct research and studies, develop criteria, standards and 
control 
on 
the 
records 
management 
and 
archives 
administration programs of the government for the efficient 
creation, utilization, maintenance, retention, preservation, 
conservation and disposal of public records, including the 
adoption of security measures; 
2) Plan, formulate and implement records management and 
archives administration programs of the government; 
3) Provide technical advice and assistance to all government 
entities on matters concerning records management; 
4) Inspect and examine records of any government agency; 
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5) Require reports and statistics from government entities on their 
records management activities and analyze these data to 
determine the effectiveness of the National Archives’ programs. 
D) The Records Center Division shall establish and operate records 
centers to house, service and maintain inactive government 
records and similar documents not limited to those of abolished, 
merged or re-organized agencies. It shall discharge the following 
specified functions and responsibilities: 
1) Establish 
operating 
rules, 
regulations 
and 
procedures 
governing the transfer activities and proper storage of records; 
2) Recommend policies, rules and regulations concerning the 
transfer, loan and/or withdrawal of documents in the custody of 
Records Center; 
3) Render technical advise and assistance in establishing 
agency’s records storage to house non-current records of the 
entity concerned until such time as they are disposed of upon 
reaching their retention period; 
4) Assist and supervise client government entities in the proper 
transfer of their temporary records, including records of 
abolished/reorganized agencies; 
5) Receive, classify, index and service records and documents 
necessary for current operating purposes of the entities 
concerned and provide access control to the records; 
6) Reappraise records for destruction or transfer to the Archives; 
7) Provide security and report any loss of records in the custody 
of the Records Center and initiate action to recover them. 
e) The Training Division shall initiate, develop, conduct and evaluate 
training programs in all aspects of records and archives management 
in the different regions of the country. The training shall be done to 
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improve the competence and technical skills and knowledge of 
personnel assigned to records administration. It shall discharge the 
following functions and responsibilities: 
Design, develop and conduct government-wide training 
programs in all aspects on archives and records management 
for records personnel; 
Coordinate with and provide 
technical assistance, training, 
resource speaking and consultancy on records management 
and archives administration; 
Design, develop and conduct training program on career and 
employee development for the National Archives; 
Establish linkages with local an foreign organizations engaged 
in training, education and development activities to generate 
opportunities for growth and advancement either through 
scholarships or fellowship programs or grants. 
Administrative 
Division 
shall 
coordinate 
and 
provide 
administrative support services, such as personnel administration, 
financial and fiscal management of current operation, messengerial, 
janitorial, security and general utilities. It shall administer a personnel 
program on career and employee development for the National 
Arch ives . 
All of the above divisions shall perform such other functions as 
may be assigned by the Director. 
SEC. 7. Officials and Staff. - The National Archives shall be headed by 
a Director with a rank equivalent to a Bureau Director and who shall be assisted 
by an Assistant Director. The director and Assistant Director shall be appointed 
by the President upon recommendation by the Secretary of Education, Culture 
and Sports: Provided, That the incumbent Director and Assistant Director of the 
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Records Management and Archives Office shall continue to be the Director and 
Assistant Director of the National Archives created herein. 
The National Archives shall maintain the existing staffing pattern provided 
under Executive Order no. 285: Provided, That the Director shall recommend 
such additional positions as may be necessary for the reorganization and 
restructuring of the National Archives and for the establishment of its field offices 
under Section IO, I 1  and 12 hereof, subject to the rules and regulations of the 
Department of Budget Management. 
SEC. 8. Permanent Building for the National Archives. - In 
accordance with the provision of Sec. 2. Hereof, the government shall provide 
adequate funding to the National Archives for the reconstruction of the 
Intendencia building in Intramuros, Manila, transferred by the lntramuros 
Administration, by order of the Office of the President, to the Records 
Management and Archives Office. Upon its reconstruction, the Intendencia 
building shall become the permanent offices for the National Archives and 
henceforth shall house its Spanish archival collections and other vital public 
records. 
SEC. 9. The Ayuntamiento ruins, Beaterio de la CompaAia de Jesus 
ruins and the Philippine Naval District Compound, all in Intramuros, as 
Additional Buildings for the National Archives. - In accordance with the 
provisions of Sec. 2 hereof, to further accommodate all permanent and other 
vital public records presently in the custody of the National Archives including 
permanent government records in diverse media to be transferred in the future, 
the ownership, possession and reconstruction of the Ayuntamiento ruins, the 
Beaterio de la CompaAia de Jesus ruins, and the Philippines Naval District 
Compound in lntramuros are all hereby bestowed to the National Archives. 
SEC. 10. Establishment of a Center of Archival and Historical 
Studies as a Division of the National Archives. - Upon the passage and 
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approval of this Act, all permanent archival and historic records and books of 
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historical value possessed by the Philippine Government shall be transferred to 
the custody and protection of the National Archives. 
The Center of Archival and Historical Studies is hereby conferred the sole 
responsibility to conduct official government research on Philippine history. The 
National Historical Institute shall, upon approval of this Act, cede its research 
and publications functions to the National Archives, including property, assets, 
unexpended appropriations, and research positions of the affected divisions in 
its personnel plantilla. 
The National Archives field offices shall likewise perform such functions 
in relation to its mandate under this Act, and as determined by the Director. 
SEC. 12. Reorganizafion of fhe National Archives. - Whenever 
demanded by the exigencies of the service, the Director may recommend and 
propose the reorganization and restructure of the National Archives to the 
Secretary of the Department of Education with a view to attaining simplicity, 
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SEC. 13. Transfer of Archival Maferials. - Archival materials or 
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collections of any government agency that are more than twenty-five years old, 
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as well as non-current public records that, in the judgement of the Director, are 
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of sufficient value to warrant their preservation, shall be transferred to the 
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National archives. When, however, a government agency owns and maintains 
economy and efficiency in its various operations. 
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an established archives, it may retain the archival materials and records kept 
therein, subject to pertinent rules and regulations of the National Archives. 
Records holding government agencies that are or will be reorganized, 
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abolished or merged shall be transferred to the National Archives, unless 
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otherwise provided by law. 
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SEC. 14.Surrender of Public Records. - Any person who has come into 
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possession of a public record or records considered to be of evidential, 
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informational, enduring, archival or historical value at any time, before or after 
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the passage of this Act, shall upon written demand by the Director, surrender 
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the public record or records to the National Archives for deposit and 
safekeeping. 
SEC. 15. Cerfified Copy of Reco 
, - Any copy of a record in the 
National Archives which is certified by the Director as the true copy of the 
original document shall be admissible as evidence in a court of law, quasi- 
judicial, administrative or any other legal proceeding. 
SEC. 16. Publication of the Holdings of the National Archives. - 
Filipino citizens or duly registered Filipino corporations may publish or reproduce 
and publish any document in the archives provided these are duly acknowledge 
in the publication or the copy. No foreign individual or entity shall public or 
reproduce any part of the holdings of the archives without the written 
authorization of the Director of the National Archives. 
A copy of all publications with materials sourced or reproduced from 
documents in the archives shall be furnished the National Archives within sixty 
days from release of publication. 
SEC. 17. Registry of Private Archives. - Private individuals, 
associations, corporations or groups shall register with the National Archives 
their archival or historical materials or collections and submit copies of their 
catalogs to the National Archives for statistical, monitoring, coordination and 
reference purposes. 
The National Archives shall have the right to make copies of private 
archives in the Philippines. 
After a specified period of time to be determined by the Director of the 
National Archives and after dissemination of the registration requirement, any 
unregistered private archival document shall be deemed belonging to the State 
and may be subject to confiscation by the National Archives, except if the 
individual concerned can prove ownership by inheritance. 
The disposal, sale or exporting of archival materials in private possession 
shall be subject to restrictions and approval of the National Archives. 


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SEC. 18. Exchange and Copy of Archival Materials of Archival 
Institutions. - the National Archives shall have the right to enter into any 
agreement with other archival institutions here and abroad on the loan, 
exchange or reproduction of archival materials. 
SEC. 19. Authority for Disposal or Destruction of Public Records. - 
No government agency shall cause the destruction or disposal of public records 
in its possession or control except upon prior written authority of the Director of 
the National Archives. 
SEC.20. Administrative Fee. - Charges for certified copies, certifications 
for non-availability of records and research and other fees of similar nature shall 
be collected in accordance with existing laws, rules and regulations. 
Charges for the storage of agency records at the Records Center shall 
henceforth be collected. 
Seventy percent of the collection shall be used by the National Archives 
for its development, programs or projects and enhancement of its services. 
SEC. 21. Promulgation of Rules and Regulations. - The Director of 
the National Archives shall be primarily responsible for the promulgation of all 
implementing rules and regulations necessary to effectively carry out the 
provisions of this Act. 
SEC. 22. Delegation of Director’s Power. - The Director, may from time 
to time, subject to such conditions as he may specify, delegate any of his 
powers under this Act. Any person to whom those powers are delegated may 
exercise the powers delegated in the same manner and with the same force and 
effect as if they have been conferred on him by this Act. 
SEC. 23. Administrative Sancfion. - any unjustified failure by the officer 
concerned to comply with the requirements imposed under Section 14 and 20 of 
this Act shall be ground for administrative disciplinary action against the said 
officer in accordance with the Civil Service Law. 


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SEC. 24. Penal Provision. - Any person who, without the prior written 
authority of the National Archives, destroys or otherwise disposes of, or causes 
the destruction or disposal of any public records which are in his possession or 
under his control, or who unjustifiably refuses to surrender such records to the 
National Archives despite written demand by the Director, shall be jiable to 
criminal prosecution under the pertinent provisions of the Revised Penal Code. 
SEC. 25. The National Archives General fund. - In addition to existing 
appropriations provided under the 1998 General Appropriations Act, the 
National Government shall provide for the National Archives a General Fund in 
the amount of Five Hundred Ten Million Pesos (P510,000,000.00) needed to 
carry out the provisions of this Act. The General Fund shall be taken from the 
different government financial institutions such as, but not limited to, the 
Philippine Charity Sweepstakes Office (PCSO), the Government Service 
Insurance System (GSIS), and the Philippine Amusement and Gaming 
Corporation (PAGCOR). 
The General Fund shall contain and provide for the following: 
a) Three hundred Million Pesos (P300,000,000.00) 
for the restoration 
and reconstruction of the lntendencia Building in lntramuros which 
shall house the primarily offices of the National Archives; 
b) Fifty Million Pesos (P50,000,000.00) for the establishment of regional 
field offices of the National Archives; 
c) Sixty Million Pesos (P60,000,000.00) for the initial rehabilitation and 
reconstruction of Ayuntamiento, Beaterio dela Compatiia de Jesus 
Buildings and the Philippine Naval District Compound in Intramuros; 
d) Fifty Million Pesos (P50,000,000.00) for the computerization program 
to provide centralized and cost-effective repository facilities of storage 
and retrieval of semi-active permanent records of public offices; and 
e) Fifty Million Pesos (P50,000,000.00) 
for the digitalization and 
reproduction of archival and historical documents into electronic 
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media to make the archives available for easy and quick public 
access and use in accordance with the policies of the government and 
provide information to the world on all documents extant in the 
National Archives. 
SEC. 26. Fund Raising and Fiscal Autonomy. - the National Archives 
shall have the authority to receive donations from local or foreign sources, the 
public or private sector, or in a manner not contrary law, by itself, raise funds for 
its development program, research efforts, publications, or project for the 
conservation of state protected records and documents, including activities for 
the enhancement of its services to the general public. 
Further, the National Archives, along with its mandate to conduct an 
education campaign, may raise funds through publications, and conduct of 
training and seminars. Funds derived from publications, trainings and seminars 
conducted by the National Archives and seventy percent of administrative fees 
collected shall be exempt from reversion to the National treasury and shall 
accrue to the National Archives General Fund. 
SEC. 27. Separability Clause. - Should any provision of this Act or part 
thereof be declared invalid, the other provisions, so far as they are separable 
from the invalid ones, shall remain in force and effect 
SEC. 28. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) national newspapers of 
general circulation whichever comes earlier. 
Approved , 
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