Sflirr of li
TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
F/rst Regular Session
)
SENATE
S. No. 839
25 AUG-4 P5:04
RFCtlVED B1;.
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
REORGANIZING AND RENAMING THE NATIONAL ARCHIVES OF THE 
PHILIPPINES TO THE NATIONAL ARCHIVES AND RECORDS MANAGEMENT 
AUTHORITY, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9470, OR 
THE "NATIONAL ARCHIVES OF THE PHILIPPINES ACT OF 2007"
EXPLANATORY NOTE
"They [Archives] serve first of all as the nation's memory, and 
enable a society to plan intelligently for the future based on an awareness 
of past experience... As a source of national history, the archives can 
become a powerful influence in fostering a people's understanding of itself 
and in creating a sense of national identity. "L
The National Archives could be one of the earliest and oldest institutions of the 
government dating back to the colonial era. The Treaty of Paris of 1898 established 
the Office of Archives, stipulated the relinquishment of documents from Spanish to 
American authorities and provided for the preservation of documents.2 Since then, 
the Office had been reorganized and transferred to various agencies, until it is 
presently constituted as the National Archives of the Philippines (NAP) with the 
enactment of Republic Act No. 9470 in May 21, 2007.
1 "The Role of Archives and Records Management in National Information Systems; A RAMP Study." James B. 
Rhoads. Accessed through https://unesdoc.unesco.Org/ark:/48223/pf0000056689
2 History of the National Archives, https://nationalarchives.gov.ph/mission-and-vision/historv-of-the-national- 
archives/


Under the said law, the NAP shall develop and enforce policies and coordinate 
government-wide programs governing the creation, general protection, use, storage 
and disposition of public records, including the acquisition, storage and preservation 
of public archives and providing facilities for reference, research, or other purposes3. 
Currently, NAP is home to about 60 million documents all the way from the nation's 
colonial period up to the years of the Republic, and becomes the final repository for 
the voluminous notarized documents of the country.4
After nearly two decades of implementation, there is a need to strengthen 
Republic Act No. 9470 and fully incorporate the modern media and digital ways in the 
archiving process. This measure, as reported out by the Senate Committee on Culture 
and the Arts during the 19th Congress, among others, prescribes minimum standards 
for electronic records documentation, integrity, security and accessibility, and 
digitization of paper records.
Pursuant to the Constitutional mandate of conserving, promoting and 
popularizing the nation's historical and cultural heritage and resources, the passage of 
this measure is hereby recommended.
JINGGOY EJERCITO ESTRADA
3 Section 6 (b), RA 9470
4 Agency Mandates and Functions, https://nationalarchives.eov.ph/transparencv-seal/aeencv-mandates-and- 
functions/


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TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
. 
Ot i1;.'
)
SENATE
S. No. 839
25 AUG-4 ?5 :04
fil-Ct,'..,.) O'
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
REORGANIZING AND RENAMING THE NATIONAL ARCHIVES OF THE 
PHILIPPINES TO THE NATIONAL ARCHIVES AND RECORDS MANAGEMENT 
AUTHORITY, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9470, OR 
THE "NATIONAL ARCHIVES OF THE PHILIPPINES ACT OF 2007"
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. —This Act shall be known as the " National Archives and 
Records Management Authority (NARMA)Acf.
Sec. 2. Declaration of Policy. — It is the policy of the State to pursue, protect, 
conserve, promote, and popularize the nation's historical and cultural heritage and 
resources, including the documentary records of Filipino culture, history, and 
governance.
The State shall give utmost priority for the safeguard, protection and 
preservation of its public documents and records, not only as fundamental instruments 
for efficient and effective governance but also as essential tools for the preservation 
of the country's history and cultural memory.
Towards this end, all public records with enduring value, held by government 
offices, including, but not limited to, all branches of government, constitutional offices, 
local government units (LGUs), government-owned or -controlled corporations 
(GOCCs), State and Local Universities and Colleges (SLUCs), Philippine Embassies,


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consulates, and other Philippine offices abroad shall be transferred to a permanent
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government repository for proper management, control, and regulation of record
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disposition.
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Sec. 3. Objectives. —This Act seeks to achieve the following objectives:
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a) Strengthen the management and administration of public records and
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archives, including electronic records;
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b) Mandate accountability for creating, maintaining, and preserving full and
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accurate records of all government policies and actions;
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c) 
Ensure the systematic and timely disposal of valueless records;
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d) 
Enhance public confidence in the integrity of public record-keeping and
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management;
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e) Ensure the accessibility of public records relevant to the promotion and
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preservation of Philippine cultural heritage and the people's right to
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information;
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f) Protect, preserve, conserve, and promote the nation's documentary heritage
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in both the public and private sectors;
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g) Support the safekeeping of private archives; and
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h) Strengthen the role of NARMA in developing and supporting government
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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 or private collections, as well as archival and records
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management programs and activities in all branches of government, including LGUs
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and regional governments, constitutional offices, and other government
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instrumentalities
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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 Center refers to the storage of non-current records to be
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managed and operated by each government office concerned or by a
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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 refers to the systematic study of records to determine their 
archival value and the need for preservation;
d) 
Archives refers to:
1) Pubiic records, papers, periodicals, books, or other items, articles or 
materials, whether in the form of electronic, audio-visual, print, or 
other forms, which by their nature and characteristics have enduring 
value, that have been selected for permanent preservation;
2) The place (building/room/storage area) where archival materials are 
kept and preserved; and
3) An organization (or part of an organization) whose main function is to 
select, collect, and preserve archival records and make such records 
available for public use;
e) 
Archival Materials refers to records, papers, periodicals, books, or other 
items, whether in electronic, audio-visual, print, or in other formats, that 
possess archival value based on their nature and characteristics;
f) 
Archival Value refers to the lasting significance or usefulness of records, 
based on the administrative, legal, fiscal, evidential, or historical 
information they contain, which justifies their continued preservation;
g) 
Controlling government agency refers to:
1) Public office that controls the public records;
2) Public office that has the power to determine the conditions of access 
to the public archives; and
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 Genera! refers to the head of NARMA;
j) 
Disposal refers to the act of discarding or destroying valueless records in 
accordance with the provisions of this Act;


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k) 
Disposition refers to the systematic process of managing records in office 
storage, ensuring that valuable records are permanently preserved while 
valueless records are properly disposed of;
l) 
Eiectronic Records refers to information recorded in a machine-readable 
format, including records that are created, captured, generated, sent, 
received, or stored in electronic record systems;
m) 
Estray record refers to a public record that is no longer under the custody 
and control of NARMA or any controlling government office;
n) 
Government Office refers to any public office within all branches, 
subdivisions, instrumentalities, agencies, and entities of the government, 
including but not limited to: National Government Agencies (NGAs), 
constitutional offices, LGUs, GOCCs, SLUCs, courts, legislative and judicial 
offices, local water instrumentalities, Philippine embassies, consulates, 
other Philippine offices abroad, and other government instrumentalities;
o) 
Head of Office refers to the individual accountable for the overall 
performance of a government office or, in the case of an LGU, the local 
chief executive;
p) 
Important Archivai Cuiturai Property refers to a record of archives that has 
exceptional cultural, artistic, and historical significance to the Philippines, 
and has been officially declared as such by law or by NARMA;
q) 
Judiciai records refers to records submitted to or maintained by the 
Supreme Court, including those of all judicial courts and organizations 
under its jurisdiction;
r) 
Legisiative records refers to records submitted to or maintained by the 
Philippine Senate, the House of Representatives, their committees, or 
attached offices;
s) 
Locai government archives refers 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 Records refers 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;


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u) 
Metadata 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 Treasure refers to a unique archival record 
found locally that possesses outstanding historical, cultural, artistic, 
and/or scientific value, is highly significant to the nation, and has been 
officially declared as such by law or by NARMA;
w) 
Non-current Records refers to files related to completed or closed 
transactions that are no longer needed for ongoing agency operations. 
However, they may be preserved and accessed occasionally for legal, 
historical, or operational purposes;
x) 
Open Access Records refers 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;
y) 
President refers to the President of the Republic of the Philippines;
z) 
President's papers refers 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 archives refers to records with archival value belonging to private 
individuals and/or entities;
bb) Protected record refers to local government records that contain data 
deemed crucial for economic, social, political, legal, national security, 
scientific, cultural, technological, or other purposes. These records are 
essential for researching and understanding history, ensuring the 
continuity of public duties, and upholding citizens' rights. They are not, or 
are only partially, available from other sources;


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cc) Public Access Registry refers to a publicly available register that provides 
information on access to public records, including any restrictions or 
instances of unauthorized disclosure; 
dd) Public Archives refers to:
1) Public records that are determined to have archival value; and
2) Private archives that are acquired by NARMA under the provisions of 
this Act, as well as any private archives acquired by any government 
office;
ee) Public records refers to records or classes of records, in any form, in whole 
or in part, created or received by a government agency in the conduct of 
its affairs, whether before or after the effectivity of this Act, and have 
been retained by that government agency or its successors as evidence 
or because of the information contained therein; 
ff) Records refers 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; 
gg) Records center refers to an intermediate repository in which non-current 
records of various government offices are stored until they can be 
destroyed or transferred to NARMA;
hh) 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;
ii) Records Office 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;
jj) Repository refers to a facility determined by a government office for the 
appropriate maintenance and storage of public records;


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kk) Restricted access records refers to records that are withheld from public
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access due to legal impediments or pursuant to a standard or directive
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issued by the Director General;
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II) Standards reters to circulars and orders issued by the Director General in
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accordance with the provisions of this Act;
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mm) Vital records refer to records containing information essential for
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emergency operations during a disaster, the resumption or continuation
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of operations, the re-establishment of an organization's legal, financial, or
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functional status, and the determination of the rights and obligations of
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individuals and corporate entities in relation to the organization; and
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nn) Vice President's Papers refers to records and other documentary materials
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created or received by the Vice President, the Vice President's immediate
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staff, or a unit or individual under the Office of the Vice President whose
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function is to advise or assist the Vice President during his or her
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incumbency.
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ARTICLE II
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PURPOSE, OTHER PRELIMINARY PROVISIONS,
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AND KEY ADMINISTRATIVE PROVISIONS
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Sec. 6. NARMA as an Independent Agency. — NARMA shall be an independent
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agency attached to the National Commission for Culture and the Arts (NCCA)
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exclusively for cultural program coordination.
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Sec. 7. Powers and Functions.—
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a) The following are the powers of NARMA;
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1) Sole Authority - NARMA shall serve as the sole authority in government
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records management and archives administration.
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2) Policy and Regulation - It shall plan, develop, prescribe, disseminate,
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and enforce policies, rules, and regulations, as well as coordinate
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government-wide programs on the creation, protection, use, storage,
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and disposition of public records. This includes the acquisition, storage,
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and preservation of public archives, along with the provision of facilities
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for reference, research, and other purposes.


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3) Protection and Regulation - NARMA shall be the primary government 
agency responsible for the protection, conservation, designation, and 
regulation of public and private archives, including archival cultural 
properties.
b) The following are the functions of NARMA:
1) Records Preservation and Restoration - Classify, identify, preserve, and 
restore public records.
2) Archival Facilities - Acquire or facilitate the acquisition of permanent and 
suitable buildings to house the country's archival holdings and public 
records.
3) Research - Conduct archival research using both domestic and 
international archival materials.
4) Records Management and Disaster Preparedness - Develop and 
implement a records management and archival administration program 
for the efficient creation, utilization, maintenance, retention, 
preservation, conservation, and disposal of public records. This includes 
adopting security measures and a vital records protection program to 
support disaster preparedness and business continuity in government.
5) Technical Assistance - Provide technical assistance to government 
offices and the private sector on records storage, as well as in the 
planning, implementation, and evaluation of their records management 
and archives administration programs.
6) Training and Accreditation - Conduct and accredit training programs on 
records and archives management, including the establishment of an 
archival system for both the public and private sectors.
7) Fees for Services Rendered - Impose and collect reasonable fees, 
charges, or assessments for services rendered, permits issued, or 
regulatory functions performed in accordance with its mandate, subject 
to existing laws, rules, and regulations: Provided, That such fees and 
charges shall be reviewed periodically to ensure their reasonableness 
and relevance to NARMA's objectives.


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8) Cultural Heritage Oversight - Oversee public and private archives in 
relation to cultural heritage preservation, conservation, protection, and 
regulation.
9) Acquisition of Archival Records-Acquire public records, private archives, 
and all other records deemed to have archival value through sale, 
donation, expropriation, or other iegai means of transfer.
10) Enforcement and Sanctions - Impose administrative fines and sanctions 
for violations of its rules and orders issued pursuant to this Act. NARMA 
shall have the authority to:
i) 
Investigate offenses
ii) 
Issue subpoenas;
iii) Administer oaths;
iv) Take testimony;
v) Issue cease-and-desist orders; and
vi) Hold individuals or entities in contempt for obstruction or refusal to 
comply with lawful directives.
11) Preservation of Government Archives - Ensure the preservation and 
conservation of existing and future archival resources of the 
government.
12) Public Records Access and Certification - Issue, transmit, and/or 
reproduce copies, certified true copies, or certifications of public archives 
or extracts thereof, in accordance with the provisions of this Act and 
other applicable laws on access.
13) Public Records Registry - Maintain a registry of all public records under 
NARMA's custody and control, which shall be made available for public 
inspection.
14) Custody and Management of Public Archives - Obtain custody and 
management of all public archives, both physical and digital, that are not 
yet under NARMA's control. The transfer of custody shall follow 
established legal and procedural guidelines.
15) Acceptance and Conservation of Public Archives - Accept, store, 
preserve, and conserve any public archive transferred to NARMA.


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16)Regional Archives and Records Centers - Establish, maintain, and
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operate regional archives and records centers with complementary
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preservation facilities and other related infrastructure.
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17)Digital Records Management - Develop and implement policies,
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programs, and technologies to enhance the storage, reproduction, and
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preservation of public records in electronic and digital formats. This
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includes ensuring:
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i) Authenticity, reliability, and accessibility of electronic records;
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ii) Security and compliance with international records management
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standards; and
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iii) The use of data analytics, data modeling, and futures thinking to
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improve efficiency, inform evidence-based decision-making, and
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promote transparency.
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18)Special Archives and Institutes - Establish special archives and research
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institutes as necessary.
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19)Publications and Distribution - Prepare, publish, sell, or otherwise
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distribute materials related to public archives, NARMA's activities,
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facilities, and services, subject to copyright laws and terms and
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conditions of acquisition.
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Sec. 8. Management of NARMA. — NARMA shall be headed by a Director
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General who shall be assisted by three (3) Deputy Directors-General: Deputy Director-
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General for Records Management; Deputy Director-General for Archives
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Administration; and Deputy Director-General for Administrative, Finance, and Support
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Services.
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The regional offices shall operate under the supervision of the Director General
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and the Deputy Directors-General, with the support of at least one (1) Regional
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Director per administrative region. Each Regional Director shall hold Career Executive
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Service (CES) eligibility or its equivalent, in accordance with existing civil service iaws
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and regulations.
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Each Regional Director shall be assisted by an Assistant Regional Director. Both
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the Regional Director and Assistant Regional Director shall be appointed by the
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Director General based on merit, qualifications, and performance.
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Sec. 9. The Director General. — The Director General shall serve as 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 President shall appoint the Director General based
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on 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, humanities,
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social studies, political science, sociology, public administration, library
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science, information management; a law degree; or another related field of
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study;
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c) At least ten (10) years of experience, preferably in records management
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and archives administration; and
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d) No prior conviction for any criminal or administrative offense.
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The Director-General shall serve a fixed term of seven (7) years. In the event
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of a vacancy during the term, the newly appointed successor shall serve only the
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unexpired portion of the predecessor's term but may later be reappointed for a full
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seven-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. The three (3) Deputy
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Directors-General shall be career officials 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, humanities,
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social studies, political science, sociology, public administration, library
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science, information management; a law degree; or a related field of study;
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c) At least 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; and
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e) No prior conviction for any 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 
management and archives administration programs;
b) Inspect, examine, identify, and determine records of government agencies 
and classify and preserve those which are of permanent or enduring 
historical value;
c) Advise on the creation, management, storage, use, and proper disposition 
of physical and digital public records;
d) Direct and determine the necessary standards for the disposition of public 
records;
e) Take suitable measures in preserving and conserving archival materials, 
which are under the custody of NARMA, government offices, and private 
archives;
f) 
Acquire through transfer, donation, purchase, expropriation, or any other 
means public records and private archives, which have archival value;
g) Determine and establish measures on access and use of public archives;
h) Provide maintenance and security for public records in the custody and 
control of NARMA;
i) 
Report to the President any loss of public records in the custody and control 
of NARMA;
j) 
Enter into agreements with local and international archival or historical 
institutions to acquire or reproduce original documents or archival 
materials, thereby enhancing the archival and historical holdings of the 
Philippines;
k) Establish and implement government-wide programs on public records and 
archives to strengthen disaster preparedness and ensure business 
continuity;
l) 
Establish linkages and networks with local and international organizations 
involved in records management and archives administration;
m) Design, construct, purchase, lease, maintain, operate, protect, conserve, 
restore, and improve buildings and other acquired facilities for use by 
NARMA;
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n) Appoint as a consultant any person who possesses the ability and expertise
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to carry out archival research, documentation work, or any activities
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deemed necessary by the Director General;
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o) Review or facilitate the review of classified records under the custody and
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control of NARMA;
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p) Inspect the contents of classified records and, in accordance with existing
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laws, issuances, and regulations on classified documents, declassify or
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reclassify those under NARMA's custody and control;
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q) Cite responsible official/s in contempt for any violations of this Act; and
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r) 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 (NAP), including its
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staffing pattern, to effectively fulfill its expanded mandate as NARMA. This
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reorganization shall be governed by the policies and guidelines of the Department of
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Budget and Management (DBM) and the Civil Service Commission.
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Sec. 13. Estabiishment of an Archival Conservation Laboratory. — NARMA shall
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establish an archival conservation laboratory equipped with advanced paper
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conservation tools and equipment to ensure the continued preservation of its archival
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collection.
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Sec. 14. Establishment of Regional Offices. — NARMA shall establish, operate,
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and maintain regional offices to perform active and inactive records management and
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archives administration and preservation activities in each administrative region.
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The regional offices shall operate regional records centers and regional
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archives, with complementary storage facilities and archives preservation facilities.
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Sec. 15. Trust Fund. — A NARMA Trust Fund shall be established, which shall
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be sourced from fees, fines, and other income generated from operations incidental
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to NARMA's functions. The trust fund shall be used exclusively for NARMA programs,
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activities, acquisitions, infrastructure, improvement, travels, training abroad, and
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analogous expenses subject to existing government accounting and auditing rules.
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Sec. 16. Retention of Income and Disposition of Donated Funds. — Income that
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accrues to NARMA from all sources of its operations shall be placed in the NARMA
13


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Trust Fund and may accumulate for disbursement in future fiscal years, if not used
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within the fiscal year in which such income was generated.
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Donations of money to NARMA shall also be placed in the NARMA Trust Fund,
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to be disbursed according to the terms and purposes of the respective deeds of
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donation, or disbursed for any purpose that benefits NARMA, as may be determined
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by the Director General, if no specific purposes are stipulated in the deeds of donation.
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The handling and accounting of such donations shall be subject to rules and
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regulations to be prescribed by NARMA in agreement with the Commission on Audit
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within six (6) months after the effectivity of this Act.
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Sec. 17. Exemption from Taxes, Duties, Fees, and Charges. — Subject to the
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relevant provisions of the National Internal Revenue Code (NIRC) of 1997, as
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amended, NARMA shall be exempt from import taxes and tariff duties on all art and
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display materials, equipment, and other resources directly used for its non-profit
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programs. These include, but are not limited to, the acquisition and proper
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management of archival records, the purchase of public records, and the procurement
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of necessary chemicals and materials for their preservation or restoration, as well as
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exhibit and technical equipment, including films.
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Donations and legacies to NARMA shall be exempt from donor's tax, estate tax,
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and inheritance tax. Further, such donations shall be considered an allowable
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deduction from the donor's gross income in the computation of income tax, in
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accordance with NIRC, as amended.
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ARTICLE III
23 
THE PUBLIC RECORDS MANAGEMENT SYSTEM
24 
Sec. 18. Objectives of Records Management — NARMA shall lead the
25 
establishment of the records management standards and procedures to be
26 
implemented by all government offices, with particular attention to their peculiar
27 
needs and operations. Such records management standards and procedures shall seek
28 
to pursue and implement the following objectives:
29 
a) Accurate and complete documentation of the policies and transactions of ali
30 
government offices;
31 
b) Assessment and control of the quantity and quality of public records
32 
generated by a government office;
14


1 
c) Establishment and maintenance of control mechanisms for records creation
2 
to prevent unnecessary record generation and promote the efficient and
3 
cost-effective operation of government offices;
4 
d) Simplification of activities, systems, and processes of records creation,
5 
maintenance, use, and disposition of records;
6 
e) Judicious preservation and disposition of public records;
7 
0 Direction of continuous attention on records from their initial creation to
8 
their final disposition;
9 
g) Increase in capacity of electronic and digital forms in the maintenance,
10 
storage, reproduction, and preservation of public records; and
11 
h) Establishment and maintenance of such other systems or techniques as
12 
NARMA considers necessary to carry out the policies and objectives of this
13 
Act.
14 
Sec. 19. Establishment of Records Offices in Government Agencies. — Within
15 
one (1) year from the effectivity of this Act, all government agencies or offices, as
16 
defined herein, shall establish, depending on the organizational structure, a records
17 
office/unit/section/or division, with its corresponding plantilla positions, in coordination
18 
with DBM and NARMA. It shall be headed by a records officer, who may also be an
19 
archivist who shall be responsible for ensuring compliance with the regulations and
20 
guidelines issued by NARMA.
21 
Sec. 20. Establishment of Agency Records Centers. — All government offices
22 
shall establish their agency records center for the maintenance and control of non-
23 
current records under their custody.
24 
Sec. 21. System of Registration and Accreditation. — Pursuant to this Act,
25 
NARMA shall establish a comprehensive system for the registration and accreditation
26 
of public and private archives nationwide. This system shall include mechanisms for
27 
regularly updating archives on the latest methods, techniques, and procedures in
28 
records management, as well as requiring the annual submission of reports on the
29 
status and management of their archival holdings.
30 
Sec. 22. Public Access Registry. —
15


1 
a) All government offices shall regularly conduct an inventory of their public
2 
records and maintain a public access registry containing the following
3 
information:
4 
1) Public records under the government office's custody;
5 
2) Public records transferred to NARMA;
6 
3) Public records lawfully disposed of with NARMA's authorization; and
7 
4) Deferred transfers of public records.
8 
b) The public access registry shall include details on:
9 
1) Restrictions on public access to public records;
10 
2) Prohibitions on accessing public archives or protected records under the
11 
control of the Director General; and
12 
3) The legal grounds for such prohibitions and restrictions.
13 
The heads of all government offices concerned shall ensure the full public
14 
accessibility of said registry.
15 
Sec. 23. General Records Disposition Schedule (GRDS). — NARMA sha 11 develop
16 
a GRDS that shall prescribe the disposal of public records common to all government
17 
offices.
18 
Sec. 24. Records Disposition. — Every disposition action on a public record must
19 
strictly be in accordance with the GRDS and agency records disposition schedule,
20 
whenever applicable, as submitted to and approved by NARMA.
21 
Sec. 25. Agency Records Disposition Schedule. — All government offices shall,
22 
after a periodic appraisal and review of its inventory of public records at a frequency
23 
to be determined by NARMA, submit an agency records disposition schedule covering
24 
other public records not covered by the GRDS.
25 
Sec. 26. Disposal of Public Records. — No government office shall dispose, or
26 
authorize the disposal, of any public record under its custody or control, except with
27 
the prior written authority of NARMA.
28 
Sec. 27. Authority for the Disposition of Public Records. —
29 
a) The Director General shall authorize in writing the disposition of a public
30 
record, such as:
31 
1) Transferring control or custody of the public record to another
32 
government office;
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1 
2) Transferring control or custody of the public record to the Director
2 
General;
3 
3) Destroying the valueless public record; or
4 
4) Selling the valueless public record.
5 
b) Before authorizing the disposition of a public record under subsection (a),
6 
the head of a government office shall give the Director General at least
7 
thirty (30) days' notice prior to:
8 
1) The intention to transfer control of the public record, with a general list
9 
and description of the public record concerned;
10 
2) The intention to dispose of the public record, with a general list and
11 
description of the public record concerned; and
12 
3) The place where additional information may be obtained on the public
13 
record concerned and the person to whom any comments may be sent.
14 
Sec. 28. Transfer of Public Records to NARMA. — Heads of government offices
15 
shall cause the transfer of the following public records, under their control and
16 
custody, to the control and custody of NARMA:
17 
a) Archival materials or collections of any government office that are more than
18 
thirty (30) years old and have national or historical significance, as
19 
determined by NARMA, including but not limited to:
20 
1) As-built plans of government-owned buildings, bridges, and similar
21 
infrastructure projects implemented by the Department of Public Works
22 
and Highways (DPWH) and other government offices; and
23 
2) Non-current public records of a government office with thirty (30) years
24 
or more retention periods, including inactive personnel records which
25 
are often referred to as the 201 files.
26 
b) Any public record, regardless of age, that have archival value to warrant its
27 
preservation;
28 
c) Public records of a government office that ceases to exist as a public office,
29 
or ceases to exercise a function to which 
its public records relate, unless
30 
otherwise provided by law;
31 
d) President's and Vice-President's papers;
32 
e) Civil Registry records that are over one hundred (100) years old; and
17


1 
f) other public records which may be transferred at the option of the heads of
2 
government agencies, subject to the acceptance of such records by NARMA.
3 
Further, nothing in this section shall be deemed to authorize the transfer of
4 
classified records, census, and civil registry data without the prior written consent of
5 
the head of the government office responsible for their control and custody.
6 
Furthermore, nothing in this section shall be construed as modifying or
7 
extending existing copyright laws.
8 
Public records in the possession of a private individual who has been granted
9 
special permission to keep and handle them in the course of official duties, and which,
10 
in the opinion of the Director General, have or are likely to have permanent archival
11 
value, shall be surrendered to the custody and control of NARMA upon the Director
12 
General's demand.
13 
Sec. 29. Turnover of Presidential and Vice-Presidential Papers. — The
14 
President's and Vice-President's papers, as defined under this Act, shall be transferred
15 
to the custody of NARMA within one (1) year from the end of their respective terms.
16 
Sec. 30. Deferred Transfer of Records. —The Director General may defer the
17 
transfer of any public records when, upon his or her determination, the immediate
18 
transfer of such shall prejudice the administration of any government office or would
19 
be contrary to public interest.
20 
The Director General may also defer the transfer of any public records due to
21 
logistical concerns, pending legal issues over such records, or failure of the
22 
government office to comply with any procedure and conditions for transfer that
23 
NARMA may set out.
24 
The requirement to transfer public records does not apply in the following
25 
circumstances:
26 
a) Public records whose disposition is governed by specific acts, laws,
27 
regulations, or orders issued by a competent court, quasi-judicial body, or
28 
investigatory body;
29 
b) When the head of the controlling government office and the Director
30 
General have agreed in writing to defer the transfer of public records for a
31 
specified period: Provided, that such deferment shall not exceed two (2)
32 
years. This deferment may be extended to two (2) more years through a
18


1 
renewed agreement between the Director General and the head of the
2 
controlling government office;
3 
c) Public records that are in electronic form, if the Director General instructs
4 
the controlling government office in writing to continue to maintain and
5 
control those records even after the expiry of the thirty (30) year retention
6 
period; or
7 
d) When the controlling government office has its own archival facility.
8 
Every deferred transfer under this section shall be noted in NARMA's registry
9 
and the respective registry of the concerned government office.
10 
Sec. 31. Transfer of Public Records to NARMA Records Centers. — Whenever it
11 
is in the interest of the efficient operations of a government office, its head may direct
12 
the transfer of such non-current public records to a records center as provided for in
13 
this Act: Provided, That such transfer is approved by NARMA and according to GRDS
14 
and the transferring agency's records disposition schedule.
15 
Sec. 32. Establishment of Regional Archives, Records Center, and Agency
16 
Records Center. — Pursuant to the objectives of this Act, the following shall be
17 
established, maintained, and operated by NARMA:
18 
a) Regional Archives — These shall be responsible for storing, processing,
19 
servicing, and preserving public archives of government offices in the
20 
regions.
21 
b) Records Centers — These, shall be responsible for storing, processing, and
22 
managing non-current records transferred to its custody.
23 
Sec. 33. Protected Records of Local Governments. -
24 
a) The Director General may, by notice in the Official Gazette made after
25 
consultation with any local government concerned, declare that a local
26 
government record is a protected record for purposes of this Act.
27 
b) An LGU shall provide for the adequate protection and preservation of a
28 
protected record it holds, in accordance with any applicable standards or
29 
instructions issued by the Director General.
30 
c) An LGU shall not dispose of a protected record unless it has:
31 
1) Notified in writing the Director General of its intention to dispose of the
32 
protected record;
19


1 
2) Identified the protected record concerned; and
2 
3) Specified how it intends to dispose of the protected record.
3 
d) Not later than three (3) months after receiving written notification under
4 
the preceding subsection (c)(1), the Director General shall:
5 
1) Direct the local government in writing to transfer the protected record
6 
to the control of the Director General, subject to conditions agreed by
7 
the head of an LGU and the Director General; or
8 
2) Authorize the disposal of the protected record identified under
9 
subsection (c)(2).
10 
Sec. 34. Approval of Repositories. — The Director General may:
11 
a) Authorize an appropriate archive, such as a museum, library, another
12 
archive, or a local government repository, to be an approved repository
13 
where public archives may be deposited for safekeeping;
14 
b) Amend or revoke such grant of authority as stipulated under preceding
15 
subsection;
16 
c) Inspect an approved repository at any time after giving reasonable notice;
17 
d) With the agreement of the head of the controlling government office and
18 
the consent of the approved repository, deposit public archives in an
19 
approved repository, set conditions for such deposit, or issue instructions to
20 
the repository as necessary;
21 
e) Establish standards to ensure the preservation of national interests in public
22 
archives, the proper maintenance of public archives, and the continued
23 
provision of appropriate public access; and
24 
f) Direct an approved repository to transfer public archives to the possession
25 
of NARMA, another approved repository, or the controlling government
26 
office, as the case may be.
27 
ARTICLE IV
28 
ELECTRONICS RECORDS MANAGEMENT
29 
Sec. 35. Management of Electronic Records. — All government offices, with
30 
existing electronic records, shail create, implement, and periodically update an
31 
electronic records management program (ERMP), which shall be in line with the
32 
standards set under this Act and other regulations which may be issued by NARMA
20


1 
Sec. 36. Electronic Records Standards. — The following minimum standards
2 
shall be imposed on electronic records management:
3 
a) Record Documentation - Electronic records shall be created with essential
4 
metadata, which describe the content and structure of the record as well as
5 
the background of its creation. Accurate and reliable links connecting the
6 
electronic record and the transaction that will be created shall be
7 
maintained.
8 
b) Record Accessibility - The content, structure, and context of records shall
9 
be transferred to and preserved in the electronic records management
10 
system in an accessible and usable format until the records reach the end
11 
of their retention period or until they are destroyed. Proper formats shall be
12 
used to ensure interoperability among systems and agencies, enabling
13 
efficient record management and access.
14 
c) Record Integrity - All electronic records shall be properly secured. They shall
15 
be protected throughout their retention periods from intentional or
16 
accidental modifications, disclosures, deletion, and unauthorized access.
17 
Permission to capture, access, or destroy electronic records shall only be
18 
given to authorized personnel.
19 
d) Record Security - Agencies shall formulate their own rules on access levels
20 
to include the use of usernames and passwords. Access rights may be given
21 
to authorized users or personnel in accordance with the applicable
22 
provisions of Republic Act No. 10173, or the Data Privacy Act of 2012, and
23 
other regulations pertaining to confidential and classified records. The
24 
agency shall also identify which electronic records are subject to legislative,
25 
regulatory, or institutional policy restrictions.
26 
Sec. 37. Inventory of Electronic Records. — All government offices shall create
27 
an inventory of all electronic records, regardless of media. Government offices shall
28 
also ensure that all electronic records are included in their respective agency records
29 
disposition schedules.
30 
Sec. 38. Digitization of Paper Records. — Physical records with long-term
31 
administrative, legal, fiscal, or other permanent value shall be prioritized for
32 
conversion to an electronic format.
21


1 
Sec. 39. Preservation of Electronic Records. — Government offices shall
2 
guarantee that electronic records will not sustain any loss or alteration of information
3 
at all stages of their existence. Government offices must ensure the future accessibility
4 
of electronic records by developing migration and conversion strategies that are
5 
designed to update hardware, software, and storage media before they reach
6 
obsolescence.
7 
Further, government offices shall maintain appropriate back-up media and
8 
systems for storing electronic records throughout the records retention period.
9 
Sec. 40. Migration of Electronic Records. — Migration of electronic records shall
10 
be required when at least one (1) of the following conditions is met:
11 
a) The scheduled destruction date is greater than five (5) years from the initial
12 
installation date or last major upgrade of the computer storage device or
13 
software that reads, processes, or maintains the records;
14 
b) The total retention period is greater than ten (10) years from the date the
15 
records were created; or
16 
c) Usability of the electronic records will be affected by replacements,
17 
upgrades, or other changes in computer hardware or software components.
18 
Sec. 41. Retention and Disposal of Electronic Records — The retention and
19 
disposal of electronic records shall be in accordance with the approved records
20 
disposition schedules under Article III of this Act.
21 
ARTICLE V
22 
STANDARDS, INSPECTION, REPORTING, AND AUDIT
23 
Sec. 42. Effectivity of Standards. — All standards issued by the Director General
24 
shall be published in the Official Gazette or in a newspaper of general circulation not
25 
later than ninety (90) days before its effectivity. In the absence of such required
26 
publication, the standards issued shall be deemed ineffective and unenforceable.
27 
Sec. 43. Inspection Powers. — The Director General may, after giving
28 
reasonable notice to a government office or private archive concerned, review the
29 
records management and archives administration practices and programs of any
30 
government office, determine the effectiveness and compliance of such practices and
31 
programs with this Act, and make the necessary recommendation or directive for
32 
correction or improvement of records management: Provided, That during the conduct
22


1 
of inspection, the Director General may require the production of documents or
2 
archives.
3 
However, the Director General is prohibited from exercising such power to
4 
inspect in cases where public records:
5 
a) carry security classifications; and,
6 
b) are restricted by other legislation without the consent of the head of the
7 
controlling government office.
8 
The provision of this section applies, with the necessary modifications, to local
9 
government records and local government archives.
10 
For this purpose, NARMA shall adopt operational guidelines and rules of
11 
procedure.
12 
Sec. 44. Direction to Report to the Director General. — The Director General
13 
may give notice in writing directing the head of a government office or of an approved
14 
repository to report to the Director General or to any other person on:
15 
a) Any specified aspect of its record keeping practice; or
16 
b) The public records that it controls or, in the case of an approved repository,
17 
has possession of.
18 
Sec. 45. Annual Report on Record Keeping. — The Director General shall make
19 
an annual report to the President on the state of record keeping within government
20 
offices. Such report shall be included in the annual report given to the President where
21 
the same shall be furnished to Congress.
22 
Sec. 46. Public Records Management Audit — The Director General shall be
23 
authorized to conduct records management audits in government offices and other
24 
public archives. All heads of each government office, whether national or local, shall
25 
grant access to all of their records for audit purposes.
26 
For this purpose, the Director General may deputize the respective records
27 
officers of the concerned agencies or offices to assist in the conduct of the audit.
28 
ARTICLE VI
29 
ARCHIVES ADMINISTRATION AND PROCUREMENT
30 
Sec. 47. Access Status. — When public records, which have been in existence
31 
for thirty (30) years or more, are about to be transferred to the custody and controi
23


1 
of NARMA, the head of the controlling government office shall classify the records as
2 
either;
3 
a) Open access records, which may be freely accessed by the public; or
4 
b) Restricted access records, which must be withheld from the public as
5 
required by law or as deemed necessary by the head of government office.
6 
At the time of original classification, the controlling government office shall
7 
establish a specific date or event for declassification based on the duration of the
8 
national security sensitivity of the information, which period shall not exceed thirty
9 
(30) years, such period may be extended upon approval by the Director General of
10 
the request by the controlling government agency, which extension shall not be more
11 
than five (5) years at a time.
12 
Sec. 48. Grounds for Determining Access Status. —
13 
a) In classifying the access status of a public record under section 51, the head
14 
of the controlling government office shall consider existing rules and
15 
regulations on classified records.
16 
b) If there are no good reasons to restrict public access under subsection (a),
17 
or if no legal impediment exists that requires a public record to be withheld
18 
from public access, the head of the controlling government office shall
19 
classify the record as an open access record.
20 
c) If there are good reasons for restricting public access under subsection (a),
21 
or if such legal impediment exists requiring such public record to be withheld
22 
from public access, the head of the controlling government office shall, in
23 
consultation with the Director General, determine the necessity to restrict
24 
public access to the public record for a specified period of time or permit
25 
such public access with conditions.
26 
d) The head of a controlling government agency may, at any time, in
27 
consultation with the 
Director General, vary or withdraw a condition
28 
imposed on public access records.
29 
e) A public record subject to a restriction under subsection (c) becomes an
30 
open access record on the withdrawal of the restriction.
31 
f) NARMA shall comply with the conditions of public access imposed under
32 
subsection (c).
24


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10
11
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13
14
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23
24
25
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27
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29
30
31
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. 49. 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. 50. 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 foliowing:
1) There are good reasons to restrict public access to the local government 
record, having regard to any relevant standard or advice issued by the 
executive director; or
2) There exists a legal impediment that requires such local government 
records to be withheld from public access.
b) If there are no good reasons to restrict public access under subsection 
(a)(1), or if no legal impediment exists that requires a local government 
record to be withheld from public access, the head of the controlling 
government office shall classify the record as an open access record.
c) However, if there are good reasons to restrict public access under 
subsection (a)(1), or if a legal impediment so requires a local government 
record to be withheld from public access, the head of the controlling locai 
government shaii, having regard to any relevant standard or advice issued 
by the executive director, determine whether it is necessary to restrict public 
access to the local government record for a specified period of time, but
25


1 
which shall not be for a period exceeding thirty (30) years or permit public
2 
access subject to the appropriate conditions.
3 
d) Despite subsection (c), the head of the local government may, if there is
4 
good reason to do so, restrict public access to the local government record
5 
for one or more further specified periods not exceeding thirty (30) years for
6 
each further period.
7 
e) At any time, the head of the controlling local government, having regard to
8 
any relevant standard or advice issued by the Director General, may vary or
9 
withdraw a condition imposed.
10 
f) A local government record, subject to a restriction under subsection (c),
11 
becomes an open access record on the withdrawal of the restriction.
12 
Sec. 51. Access to Public Archives. — Any person may, for the purpose of
13 
reference or research, inspect any public archives or public records made available to
14 
the public: Provided, That all conditions or restrictions imposed by NARMA and the
15 
government office from which the public records were acquired are met.
16 
Sec. 52. Public Inspections of Open Access Records. — Unless this Act provides
17 
otherwise, an open access record shall be made available for inspection by the public
18 
as soon as it is reasonably practicable after a request to inspect the record is made to
19 
the government office, the approved repository, or NARMA, whichever has possession
20 
of the open access record.
21 
Sec. 53. Publication or Copying of Public Archives under NARMA. —The Director
22 
General may, subject to the condition that he or she deems appropriate, authorize in
23 
writing, the publication or replication of a public archive that is an open access record.
24 
Sec. 54. Prohibition on Public Access or Replication. — Accessing or replicating
25 
a public archive or protected record under the control and custody of NARMA shall be
26 
deemed prohibited. Such prohibition on public access shall be noted in the Public
27 
Access Registry.
28 
Sec. 55. Restricted Access Records. —The period for which public access to a
29 
public record may be restricted, may upon the written request of the Director General,
30 
be reviewed after the expiry of ten (10) years from the date that the restriction is
31 
recorded in the Public Access Registry: Provided, That before its expiry, it may be
26


1 
extended for further periods as specified by the head of the controlling government
2 
office.
3 
Sec. 56. Creation of Archival Preservation Copies. — NARMA shall ensure
4 
continued access to its archival collection through the creation of preservation copies
5 
of its archival records in various preservation formats, such as but not limited to,
6 
microfilms and microfiche.
7 
Sec. 57. Protection of Records and Archives Against Disasters. — NARMA shall
8 
establish standards and guidelines for the protection of records and archives during
9 
natural disasters and human-induced calamities. It shall establish close coordination
10 
with relevant government agencies to ensure that records and archives are protected
11 
and preserved during natural disasters and human-induced calamities.
12 
Sec. 58. Inalienability and Imprescriptibility of Public Records and Public
13 
Archives. — All public records and public archives are inalienable and cannot be
14 
removed, abandoned, destroyed or transferred from the agency having custody of the
15 
records without the authorities under this Act or its implementing rules.
16 
NARMA shall have the right to recover, manage, and retain custody of any and
17 
all estray records at any time. Further, NARMA may compel any person to surrender
18 
an estray record at any time after due notice.
19 
The head of the concerned government office shall notify NARMA of any actual,
20 
impending, or threatened unlawful removal, sale, unauthorized reproduction,
21 
defacing, alteration, corruption, deletion, erasure, or other destruction of records in
22 
the custody of a government office. NARMA shall then initiate action for the recovery
23 
and protection of such public records.
24 
Sec. 59. Procurement of Items for NARMA Collections. — NARMA shall be
25 
allowed to procure archival collections or items by means of direct negotiation with
26 
the owners of such items, or their duly designated agents or representatives, in the
27 
Philippines and abroad.
28 
Furthermore, nothing in this section shall be construed as affecting or extending
29 
the law relating to copyright. Notwithstanding the provisions Republic Act No. 8293,
30 
or the Intellectual Property Code of the Philippines, as amended, copyright of
31 
properties acquired pursuant to the preceding sections shall belong to NARMA, unless
32 
otherwise stipulated.
27


1 
Sec. 60. Procurement Through Public Auction. — NARMA shall be authorized to
2 
procure unique, special, and/or original items for its collections through bidding at
3 
public auctions, including online public auctions for each item, the Director General
4 
shall predetermine an appropriate price ceiling based on his or her judgment of the
5 
fair market valuation of the same, exclusive of commissions, fees, charges, taxes and
6 
other associated expenses.
7 
NARMA shall notify the management of a public auction of its interest in a
8 
specific item, and such interest shall be disclosed to all registered participants.
9 
Regardless of prior notice, NARMA shall have preferential rights in the bidding process.
10 
Within thirty (30) working days from notice of the highest bid, NARMA may exercise
11 
its right to match the bid. If it does so successfully, the item shall be awarded to
12 
NARMA.
13 
The invoice issued to NARMA by the management of the public auction, which
14 
shall include the relevant commissions, fees, charges, taxes, and other associated
15 
expenses in addition to the bid price for the item, followed by the procedure in the
16 
immediately preceding section, shall be considered sufficient for the procurement of
17 
an item under this section.
18 
ARTICLE VII
19 
PROTECTION, PRESERVATION, AND CONSERVATION
20 
OF ARCHIVAL CULTURAL HERITAGE
21 
Sec. 61. Declaration of Archival Records as National Cultural Treasures and
22 
Important Cultural Properties. — NARMA shall declare archival properties as archival
23 
national cultural treasures or archival important cultural properties in accordance with
24 
the provisions of Republic Act No. 10066, or the National Cultural Heritage Act, as
25 
amended.
26 
Sec. 62. Right of First Refusal Over Archival Records. — NARMA shall be given
27 
the right of first refusal in the purchase of archival records declared as national cultural
28 
treasures or important cultural properties. Prior to the finality of the sale, NARMA may
29 
likewise match any offer made for the purchase of said properties.
30 
Sec. 63. Conservation of Archival Records Declared as National Cultural
31 
Treasures and Important Cultural Properties. — All intervention works and measures
32 
on conservation of archival records declared as national cultural treasures and
28


1 
important cultural properties, including presumed cultural properties, shall be
2 
undertaken or supervised by NARMA.
3 
NARMA shall approve only those methods and materials that strictly adhere to
4 
the internationally accepted standards of conservation and preservation.
5 
ARTICLE VIII
6 
INVESTIGATION, PROSECUTION, AND OFFENSES
7 
Sec. 64. Investigation and Prosecution of Offenses. — The Director General,
8 
may investigate an alleged violation of this Act, or of a rule, regulation, or order of
9 
NARMA.
10 
Sec. 65. Administration of Oaths, Subpoena of Witnesses and Documents. —
11 
The Director General, may administer oaths and affirmations, issue subpoena ad
12 
testificandum and subpoena duces tecum, take testimony in any inquiry or
13 
investigation, and may perform other acts necessary to the proceedings or to the
14 
investigation.
15 
Sec. 66. Cease and Desist Orders. — Whenever the Director General has
16 
reasonable basis to believe that a person has violated, or is about to violate this Act,
17 
or a rule, regulation, or order of NARMA, he or she may direct such person to desist
18 
from committing the act constituting the violation.
19 
The Director General, may issue a cease-and-desist order exparteX.0 enjoin an
20 
act or practice which is fraudulent or can be reasonably expected to cause significant,
21 
imminent, and irreparable danger or injury to public safety or welfare in relation to
22 
the purposes and objectives of this act. The ex parte order shall be valid for a
23 
maximum period of twenty (20) days, without prejudice to the order being made
24 
permanent after due notice and hearing.
25 
Sec. 67. Contempt — Any person who, without justifiable cause, fails or refuses
26 
to comply with any lawful order, decision, or subpoena issued by the Director General,
27 
or his or her authorized officer, shall, after due notice and hearing, be held in contempt
28 
and fined in an amount not exceeding Thirty thousand pesos (Php 30,000.00). When
29 
the refusal amounts to clear and open defiance of NARMA's order, decision, or
30 
subpoena, NARMA may impose a daily fine of One thousand pesos (Php 1,000.00)
31 
until the order, decision, or subpoena is complied with.
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1 
Sec. 68. Administrative Fines or Sanctions — If, after due notice and hearing,
2 
NARMA determines that any of the following violations have been committed: (a)
3 
noncompliance with the rules and orders issued pursuant to this Act; (b) obstruction
4 
or refusal to comply with NARMA's lawful directives in its implementation; or (c) the
5 
unauthorized conduct of seminars, trainings, or lectures on public records disposition
6 
without approval from the Director General, NARMA may, at its discretion and based
7 
on the gravity and willfulness of the violation, impose an administrative fine ranging
8 
from Fifty thousand pesos (Php 50,000.00) to One million pesos (Php 1,000,000.00).
9 
In cases of continuing violations, an additional fine of up to Two thousand pesos (Php
10 
2,000.00) per day may be imposed, with legal interest.
11 
The imposition of an administrative fine or sanction shall be without prejudice
12 
to any criminal or civil liability of the offender.
13 
The Director General shall have the power to issue writs of execution to enforce
14 
the provisions of this section and to enforce payment of the fees herein. The fees
15 
collected under this section shall be forwarded and remitted to the NARMA Trust Fund
16 
created under Sec. 15 of this Act.
17 
Sec. 69. Offenses and Penaities. — The following acts are hereby deemed
18 
unlawful and subject to the corresponding penalties and administrative consequences:
19 
a) Unauthorized Alteration, Damage, or Destruction of Public Records -
20 
Willfully or negligently altering, damaging, destroying, or unlawfully
21 
disposing of any public record in the possession of NARMA or other
22 
government agency, other than in accordance with the provisions of this
23 
Act, shall be punishable with an imprisonment of no less than five (5) but
24 
no more than ten (10) years and/or a fine of no less than Five hundred
25 
thousand pesos (Php 500,000.00) but no more than One million pesos (Php
26 
1,000,000.00), at the discretion of the court;
27 
b) Unauthorized Transfer of Public Records Outside the Philippines -
28 
Transferring a public record outside the Philippines without the express
29 
written authority of the Director General shall be punishable with an
30 
imprisonment of no less than five (5) but no more than ten (10) years and/or
31 
a fine of no less than Five hundred thousand pesos (Php 500,000.00) but
30


1 
no more than One million pesos (Php 1,000,000.00), at the discretion of the
2 
court;
3 
c) Illegal Sale of Public Archives - Selling of public archives under the custody
4 
of NARMA, without its express authority in writing shall be punishable with
5 
an imprisonment of no less than five (5) but no more than ten (10) years
6 
and/or a fine of no less than Five hundred thousand pesos (Php 500,000.00)
7 
but no more than One million pesos (Php 1,000,000.00), at the discretion
8 
of the court;
9 
d) Penalties for Public Officers - Any public officer who commits any of the
10 
prohibited acts under this Act shall be punishable with an additional
11 
imprisonment of five (5) to fifteen (15) years, and face an additional fine of
12 
no less than Five hundred thousand pesos (Php 500,000.00) but no more
13 
than One million pesos (Php 1,000,000.00), at the discretion of the court.
14 
This is without prejudice to the filing of administrative charges, which may
15 
result in perpetual disqualification from holding public office and forfeiture
16 
of salary and other lawful income in favor of the government.
17 
Any violation of this Act, when proven in an administrative proceeding, shall be
18 
sufficient cause for the removal or dismissal of a public officer, even if no criminal
19 
charges are filed against them.
20 
Any person convicted under this Act may, in addition to the prescribed
21 
penalties, be barred from accessing NARMA for a period deemed appropriate by a
22 
court.
23 
Sec. 70. Competent Court — otherwise provided, the Regional Trial Court
24 
shall have original and exclusive jurisdiction over all violations of this Act.
25 
Sec. 71. Prescription of Offenses. —All offenses punishable under this Act shall
26 
prescribe in twenty-five (25) years.
27 
Sec. 72. Termination of Office. — No public officer shall be allowed to resign or
28 
retire pending an investigation, criminal or administrative, or pending a prosecution
29 
against him or her, for any offense under this Act or under the relevant provisions of
30 
the Revised Penal Code.
31 
Sec. 73. Suspension and Loss of Benefits. — Any public officer against whom
32 
any criminal prosecution, under any valid information under this Act or under the
31


1 
relevant provisions of the Revised Penal Code, is pending in court shall be suspended
2 
from office. Should the public officer be convicted by final judgment, he or she shall
3 
lose all retirement or gratuity benefits under any law, but if acquitted, he or she shall
4 
be entitled to reinstatement and to the salaries and benefits which he or she failed to
5 
receive during suspension, unless in the meantime administrative proceedings have
6 
been filed against him or her.
7 
Sec. 74. Transitory Provisions. — All the assets, fixed and movable, and all
8 
contracts, documents, and records of NAP relative to its operation are hereby
9 
transferred to NARMA.
10 
All agreements and contracts entered into by NAP shall remain in full force and
11 
effect unless otherwise terminated, modified, or amended.
12 
The incumbent Executive Director and Deputy Executive Directors of NAP shall
13 
continue to serve in their respective capacity as the Director General and Deputy
14 
Directors-General of NARMA for one (1) year after the effectivity of this Act, or until
15 
the completion of their respective terms of office as granted under Republic Act No.
16 
9470, whichever is longer. Any benefits, privileges, or rank increases provided herein
17 
shall take effect only after the expiration of the term of the incumbent officials of NAP,
18 
now NARMA, and shall apply exclusively to their successors.
19 
The necessary plantilla positions and organizational units within NARMA,
20 
including the additional positions of Deputy Directors-General and Regional Directors,
21 
shall be established in coordination with DBM.
22 
Sec. 75. Appropriations. —The amount necessary to carry out the provisions
23 
of this Act shall be appropriated from the funds not otherwise appropriated and are
24 
available in the national treasury. Thereafter, such sums as may be necessary for the
25 
continued implementation of this Act shall be included in the annual 
General
26 
Appropriations Act.
27 
Sec. 76. Implementing Rules and Regulations. — Within ninety (90) days from
28 
the effectivity of this Act, NARMA shall promulgate the necessary rules and regulations
29 
for the proper implementation of the provisions of this Act.
30 
Sec. 77. Separability Clause. — Should any portion or provision of this Act be
31 
declared unconstitutional, the same shall not affect the validity and effectivity of the
32 
other portions or provisions hereof not affected thereby.
32


1 
Sec. 78. Repealing Clause. — Republic Act No. 9470, otherwise known as the
2 
National Archives of the Philippines Act of 2007, is hereby repealed. All other laws,
3 
presidential decrees, executive orders, or rules and regulations inconsistent with the
4 
provisions of this Act are also hereby repealed or modified accordingly.
5 
Sec. 79. Effectivity. — This Act shali take effect after fifteen (15) days foilowing
6 
the completion of its publication in the Official Gazette or in a newspaper of general
7 
circulation.
Approved,
33