Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS

FIRST REGULAR SESSION

Houise Bill No, 4454

Introduced by Representative Carlo V. Lopez

EXPLANATORY NOTE

The proposed legislation seeks to establish the Charter of the National Library
of the Philippines (NLP) which is primarily aimed at promoting full intellectual and
cultural development of the Filipino people through love for reading all forms of
library material imparting lessons and insights which enable and empower them to
adapt to global technological changes.

This determines and defines the services and functions of NLP which is a
service oriented institution with a comprehensive role in the development of libraries
and librarianship throughout the country to make it more competitive especially at
this time of digital age.

This bill also proposes to empower the NLP to undertake related cultural
activities under the provisions of Republic 10066, the National Cultural Heritage Act
of 2009, which states that ‘National Library of the Philippines shall be responsible for
rare and significant contemporary Philippine books, manuscripts such as, but not
limited to, presidential papers, periodicals, newspapers, singly or in collection, and
libraries and electronic records.”

Salient features of the bill:

1. Establishment of the following divisions:
1.1Digital Library Services (DLS) Division which shall provide non-
traditional information services to readers which will include services

for Persons with Disabilities (PWDs)
1.2Copyright Division which shall implement the provisions of Republic act
8293 as amended, otherwise known as the Intellectual Property Code
which gives NLP the authority to execute functions concerning

copyright.

2. Define specific roles of divisions, particularly the Readers Services division
(RSD) and the Technical Services division (TSD)

3. Develops a system of public libraries and information centers throughout


4, Serves as mediator of the public's information needs and the government
by creating national policies regarding libraries and their services.

5. As a lead library in promoting digital services online, especially in the field
of publishing works online and continuous conduct of research on
Philippine libraries and librarianship.

6. Exempting the NLP form all forms of taxes and customs duties in its
income, donations, and acquisitions of its resources

7. Authorizing the NLP to exact reasonable fees and income for services
rendered and use/disburse such fees for the improvement of NLP facilities.

In view of the foregoing, early approval of this bill is earnestly sought.

May 16, 2014


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
SIXTEENTH CONGRESS

FIRST REGULAR SESSION
Hotise Bill No, 4454

Introduced by Representative Carlo V. Lopez

AN ACT MODERNIZING THE NATIONAL LIBRARY OF THE PHILIPPINES,
STRENGTHENING ITS POWERS AND FUNCTIONS,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “National Library of the
Philippines Modernization Act of 2014”

SEC. 2. Declaration of Policy. ~ Itis the declared policy of the State to give priority to
education, science and technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total human liberation and
development.

Towards this end, this State, through the National Library of the Philippines
shall promote full intellectual and cultural development of the Filipino people through
love for reading all forms of library materials imparting lessons and insights which
enable and empower them to adapt to global technological changes.

SEC, 3. Retention of Nomenclature. ~ The National Library of the Philippines,
hereinafter referred to as NLP shall retain the name given to it by Republic Act No
10087, “An Act Amending Republic Act No. 3873, Entitled An Act Changing the
Name Of the Bureau of Public Libraries To The National Library"

It shall be an independent agency attached to the National Commission for
Culture and the Arts (NCCA) for budgetary purposes

SEC. 4, Mandate and Functions. - The NLP is the official repository of all printed
and recorded cultural heritage of the country and other intellectual literary and
information sources. It shall provide access to these resources for the Filipino
people’s intellectual growth, citizenship building, life-long _ learning and
enlightenment


In this regard, it shall

a) acquire and preserve books, papers, documents, and periodicals
of every kind or class, as well as Filipiniana materials through
various methods of acquisition such as purchase, donations,
bequests, transfers of property, money, or books for the use of the
NLP;

b) provide an efficient online access to the different resources and
national bibliographic services of NLP and the Philippine eLib;

¢) develop, in cooperation with the local government units, a system of
public libraries and information centers throughout the country;

d) promote, establish, and maintain national and international standards
in library and information services;

) conduct continuing research on Philippine librarianship;

f) become the spearhead organization in promoting digital library
services online, especially in the field of publishing works online:

g) undertake related cultural activities under the provisions of Republic
Act 10066, the National Cultural Heritage Act of 2009 which states
that ‘the National Library of the Philippines shall be responsible for
rare and significant contemporary Philippine books, manuscripts such
as, but not limited to, presidential papers, periodicals, newspapers,
singly of in collection, and libraries and electronic records.";

h) uphold national pride by maintaining and preserving written history on
behalf of the government who is responsible for this obligation;

i) promote works of different languages into the local / national
language; and,

j) serve as mediator of the public clientele’s needs and the government
by creating national policies regarding libraries and their services;

k) collect reasonable fees to those who will avail any of its services,
such as entrance fees for the use of its reading rooms, admission
fees for its cultural activities, among others.

SEC. 5. Officials and Staff. - The NLP shall be headed by a Director who shall be
appointed by the President of the Philippines. No person may be appointed as
Director of NLP unless possessed of the following minimum qualifications:

Anatural-born citizen of the Republic of the Philippines;
With a good moral character;

Aholder of any Bachelor's degree;

Has acquired at least five (5) years of actual and relevant
experience in managing a government agency; and

e)  Aregistered / licensed librarian

S252

The Director shall be assisted by an Assistant Director whose
qualifications shall be the same as that of the Director.

The Chief of a Division of NLP shall be appointed by the Director. Said
Division Chief shall perform such powers and functions as may be enumerated
under this Act.


SEC.

6. Powers and Functions of the Director. - The Director shall have the

following powers and functions:

a)

b)

°)

e)

9)

h)

i)
)

k)

SEC.

Serve as Chief Executive Officer of NLP, and directly manage, direct,
and supervise its day-to-day operations and internal administration;

Sign all agreements and contracts entered into for and in behalf of the
NLP, such as, but not limited to, deeds of sale or donation for the
acquisition of books and other Filipiniana materials, contracts for
consultation services, and memoranda of agreement;

Approve and authorize registration and issuance of copyright;

Establish policies, standards, and guidelines related to the operation of
the NLP and the maintenance of the national library system;

Formulate and implement reasonable rules and regulations;

Execute orders and directives from the National Commission for Culture
and the Arts;

Appoint NLP personnel whose appointments are not vested in the
President, and discipline them according to Civil Service Rules;

Direct the preparation of annual reports;

Represent NLP before any government office;

Attend official conferences, seminars, and workshops, within the
Philippines or abroad;

Use NLP income for the improvement of NLP facilities and enhancement
of personnel status; and

Exercise such other powers as may be necessary in the performance of
his duties and which may be vested in him/her by law, rule or regulation

7. Powers and Functions of the Assistant Director. - The Assistant

Director shall exercise the following powers and functions, under the direction of
the Director, namely:

a)

b)
c)

d)

e)

f)

SEC. 8. Power to Delegate. - the Director may, by an instrument in writing, delegate
any function under this Act, subject to conditions, limitations or restrictions as may
be decided upon, to a person or class of persons who may perform those functions
in the same manner and with the same effect as if those functions had been
conferred on them under this Act, subject to the provision of Sec. 40, Chapter 8,

Assist the Director in planning, directing, supervising, and coordinating
the functions of the NLP;
Assist in the formulation of policies and program activities of the office
Assist in organizing and directing the program of activities of the office as
well as the application of procedures and standards;

Evaluate initial papers before they are sent to the Director for signature;
and

Supervise the preparation of periodic and special reports;

Act for the Director in case of temporary incapacity or absence, subject
to the provisions of Section 8 of this Act.

Book IV of Executive Order No. 292.


SEC. 9. The Divisions, — The NLP shall have seven (7) Divisions, each headed by a
Division Chief who shall develop and implement plans and programs for the Division
The Division Chief shall also perform the following functions, namely: a) assist in the
formulation of library policies, rules and regulations, b) administer library policies and
implement rules and regulations to the division, c) submit reports and approve
communications, d) issue certifications for legal purposes, and e) perform other
duties that may be assigned by the Director from time to time.

a) The Reader Services Division (RSD) shall provide information,
reference, and research services and resources to library users, and shall
maintain reading room services for said purpose. It shall maintain and
preserve foreign library materials as well as select and recommend which
library materials shall be acquired by NLP.

The Division shall supervise the following Sections which shall perform
the following functions, to wit

1, Foreign Section. It shall a) maintain and organize the foreign
collection (books and periodicals); b) do advisory services and
recommend library materials to the readers

2, Fllipiniana Section. It shall a) serve as repository of Filipiniana
publications as well as official publications of Philippine government
agencies and/or bureaus; b) maintain and preserve Filipiniana
materials e.g, books, non-books, and special collections

3. Children’s Library & Young Adults Section, It shall a) maintain and
organize the collection of children and young adult books; b)
provide services and activities that develop children’s & young
adults’ interest in books and reading.

4. Law Library Section, It shall a) maintain and organize law
collections for the use of the readers; b) prepare guides for the
collection of law books

b) The Digital Library Services (DLS) Division shall provide non-traditional
information services to readers.

The Division shall supervise the following Sections which shall perform
the following functions, to wit

1. Differently Abled Services Section. It shall a) assist Differently Abled
readers in accessing various information; b) maintain and organize
Braille, LP and audio tapes; c) Transcribe print to Braille and reads
and records reference books to audio tapes; d) prepare guides to
collections for Differently Abled readers

2. Multimedia Section. It shall a) maintain and organize multimedia
materials i.e. microfilms, microforms, discs, tapes, etc.; b) prepares
finding guides of the collection


¢) The Technical Services Division (TSD) shall be responsible with the
treatment of printed materials in regards to its technical aspects.

The Division shall supervise the following Sections which shall perform
the following functions, to wit

1. Bibliographic Services Section. It shall a) maintain an up-to-date
Philippine National Bibliography (PNB); b) serve as the national
center of International Standard Numbering System; c) prepare
bibliographies and indexes of the national library's serial holdings.

2. Catalog Section. It shall a) catalog and classify all library materials
for the National Library and its public libraries; b) provide CIP for
publishers; c) provide consultative cataloguing services and
conduets in-service training.

3. Collection Development Section. It shall a) select, evaluate, and
acquire all types of library materials to enrich and expand the
collection of the National Library and its public libraries; b) maintain
‘exchange program with local and foreign institutions; c) implements
the provision of PD 812 (Legal Deposit Law).

d) The Finance and Administrative Division (FAD) shall implement and
execute the policies laid down by the Executive Director relative to the
organization, operation, and functions of the library. It shall coordinate the
activities of the various divisions with respect to administrative and support
services, and shall exercise supervision over the following sections,
namely: Accounting, Budget, Cash, Human Resource Management,
Records, Supply, Maintenance, Janitorial and Security Services.

1. The Accounting Section shall take charge of all accounting
transactions of the Office.

2. The Budget Section shall take charge of the preparation of the
budget and other financial matters

3. The Cash Section shall take charge of the collection of the NLP,
receipts and safekeeping, and disbursement of money.

4. The Records Section shall keep and safeguard the official records
of the NLP.

5. The Supply Section shall be in charge of the handling, purchasing
of supplies, materials and equipment of the Office. It shall also take
charge of the physical inventory of supplies, materials and
equipment.

6. The Maintenance Section shall take charge of the repairs and
maintenance of NLP’s buildings as well as its facilities.

e) The Public Libraries Division (PLD) shall implement the provisions of
existing law on public libraries system, in cooperation with local
government units. It shall conduct training for public librarians, and assist
in the operation of public libraries.


f) The Information Technology Division (ITD) shall be responsible for the
effective use of information and communication technology (ICT) geared
towards the improvement of delivery of information and mandated services
as well as the improvement of the internal business processes of the NLP.

g) The Copyright Division shall implement the provisions of Republic Act No.
8293 as amended, otherwise known as the Intellectual Property Code
which is a) to receive registration of literary and artistic works and deposit
with the NLP and the Supreme Court Library (SCL) for the purpose of
completing the records of the NLP under the SCL; b) assign an exclusive
license upon registration; c) receive the written instrument which names
the person or persons to be charged with the posthumous enforcements of
these rights; and, d) the power to determine and collect such fees for the
discharge of services under the Act

SEC. 10. Tax Exemptions. - The provision of any general or special law to the
contrary notwithstanding:

a) The NLP shall be exempt from all taxes on its income;

b) All donations in any form to the NLP shall be exempt from the donor's tax
and the same shall be considered as allowable deduction from the gross
income in the computation of the income tax of the donor, in accordance
with the provisions of Republic Act No. 8424, otherwise known as the
National Internal Revenue Code of 1997, as amended; and

©) Importation of books, papers, documents, and periodicals of any kind, as
well as other Filipiniana materials by NLP shall be exempt from customs
duties.

SEC, 11. Funding Provision. ~ The amount necessary for the effective
implementation of this Act shall be included in the annual General Appropriations Act.

All other income, fees, and revenues earned and collected by the NLP shall
constitute a trust fund in the name of the NLP to be managed and used by the library
to further carry out the provisions of this Act

SEC. 12. Transitory Provisions. - The incumbent Director and Assistant Director of
the NLP shall serve as Director and Assistant Director, respectively, until a new
Director and Assistant Director shall have been appointed.

SEC. 13. Implementing Rules and Regulations. ~ The NLP, in consultation with the
other government agencies mentioned in this Act, shall promulgate the implementing
rules and regulations within ninety (90) days after the effectivity of this Act.


SEC, 14, Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions thereof.

SEC, 15, Repealing Clause. — All other laws, decrees, executive orders and rules
and regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 16, Effectivity Clause, ~ This Act shall take effect ten (10) days following its
complete publication in any newspaper of general circulation