NAP Background, Functions & RA 9470 - For Sharing

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OVERVIEW: REPUBLIC ACT 9470

NATIONAL ARCHIVES OF THE


PHILIPPINES ACT OF 2007
Learning Objectives

1 Identify the salient and applicable features of RA 9470, its IRR,


NAP circulars and guidelines for the different phases of records
management;

2 Explain the importance of a Records and Archives Management


Program (RAMP) in an agency;

3 Apply the concepts and principles of RAMP;

2
Learning Objectives

4 Define the roles of Records Officers and Custodians;

5 Explain the life-cycle of records management;

6 Differentiate records from non-record materials.


3
TOPIC OUTLINE
REPUBLIC ACT 9470: The National Archives of the Philippines Act of 2007

BACKGROUN SALIENT
MANDATE FUNCTIONS SCOPE
D FEATURES
What is the National Archives
of the Philippines?
NAP is a Cultural Government Agency attached to the Office
of the President. It is the Nation’s Repository of Archival
and Historical Collections.
What’s in the National Archives
of the Philippines?
I N S I D E T H E N A T I O N A L A R C H I V E S

18,800 Million rare documents


from as early as the 16th century.
I N S I D E T H E N A T I O N A L A R C H I V E S

SPANISH COLLECTION

Composed of 12 Million
manuscripts, the collection takes
up the economic, social, legal,
ecclesiastical, medical, military
and cultural history under the 333
years of Spanish occupation.
I N S I D E T H E N A T I O N A L A R C H I V E S

SPANISH COLLECTION

• Revolutionary Records
• Royal Decrees, papal bulls and encyclicals
• Royal titles on lands and landed estates
• Royal Audiencia and lower court
• Pastoral letters and ecclesiastical records
• Reports of Spanish encomienderos, alcaldes and
governadores
• Commercial and Industrial documents
• Papers on the tobacco monopolies
• Records of different provinces and pueblos
I N S I D E T H E N A T I O N A L A R C H I V E S

AMERICAN PERIOD

Official records from the


American occupation
I N S I D E T H E N A T I O N A L A R C H I V E S

JAPANESE PERIOD

Japanese war crimes


I N S I D E T H E N A T I O N A L A R C H I V E S

CIVIL REGISTRY
RECORDS
Records on birth, marriage
and death from the Spanish
period; 1920 to 1930’s for
birth records and 1920’s to
1928 for marriages
I N S I D E T H E N A T I O N A L A R C H I V E S

PERMANENT RECORDS

60 Million pieces of
government documents,
journals of Notaries, Maps
and land documentation
T H E M A N D AT E

To plan, develop, prescribe, disseminate, and


enforce policies, rules, and regulations; and
coordinate government-wide programs governing the
creation, general protection, use, storage and
disposition of Public Records.
What are 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, and have been retained by that government agency or
its successors as evidence or because of the information contained
therein.
Twin Functions of NAP

Administrative Cultural
Function Function
T H E N A P ’ S T W I N F U N C T I O N S

ADMINISTRATIVE FUNCTION
Ensure good governance, transparency, and
effective circulation of information.
1st
Implementation of the objectives and
provisions of NAP
To plan, develop, prescribe, disseminate, and enforce policies,
rules, and regulations; and coordinate government-wide
programs governing the creation, general protection, use,
storage and disposition of Public Records.
T H E N A P ’ S T W I N F U N C T I O N S

CULTURAL FUNCTION
Identify, conserve, and promote Filipino
Documentary Heritage
2nd
 Acquisition, storage and
preservation of public
records
 Providing facilities for
reference, research or
other purposes
 Preservation
 Exhibits
The National Archives of the
Philippines aims to show that
effective records keeping begin with a
sense of pride in one’s history and
identity.

“Maayos na Talaan,
Serbisyo sa Bayan.”
L E G I S L AT I O N A N D T H E L AW

The National Archives of the Philippines Act of


2007
Republic Act No. 9470

An Act to Strengthen the System


of Management and Administration
of Archival Records

Establishing for the Purpose of the National


Archives of the Philippines and for Other
Purposes
All public records with archival value held
SCOPE by either government offices or private
collections

Archival and records management


programs and activities in all branches of
the government
NAP ISSUANCES
(NAP Circular No. 1 • Jan. 20, 2009)
Rules and Regulations Governing
the Management of Public Records

followed by all empowering better in the management of


government agencies coordination government records and
public archives
Guidelines on the Disposal of Valueless Records in
Government Agencies
(NAP General Circular No. 2)

General Records
Disposition Schedule

*for records common to all Government Agencies, series of 2009


NAP General Circular No. 3 NAP General Circular No. 4

Guidelines on the Guidelines on


Establishment and National Inventory
Use of General
Records Disposition
of Records and
Schedule (GRDS) Archives

*for records common to Local


Government Units (LGU’s), series of
2011
Memorandum Circular No. Memorandum Circular No. 2104-
001 s. 2014 01

Guidelines on Electronic Records


Records Recovery Management Policy
and Disposal
Measures
Memorandum 0920
(MC No, 20-09-01 s. 2020) Memorandum 1215-28

Guidelines and Protocol Setting the


on the Witnessing of Approximate Total
Actual Disposal of Number of Pages of the
Valueless Records under
Modified General
Spanish Record
Community Quarantine Collection of the
and the New Normal National Archives of
the Philippines
Memorandum 0520-01

Handling and
Disinfection of Patient
Records
RA 9470
SALIENT FEATURES
SALIENT FEATURES: RA 9470

Accessibility of
Public Records
Relevant to the historical and cultural
heritage of the Philippines throughout
the creation and preservation of public
archives
SALIENT FEATURES: RA 9470

Ensure that an independent, broad and long term


perspective will be applied to the management of
public records: to achieve high level of public
accountability and ensure that records are
retained until their value as evidence of
government activities, rights and entitlements, or
as documents of historical or cultural heritage can
be assessed.
SALIENT FEATURES: RA 9470

Prohibition against the disposal of


public records and protected records
and the mandatory transfer of records from
public office and for the circumstances when
this requirement for such transfer of public
records may be deferred.
SALIENT FEATURES: RA 9470

Provision for the National Archives to


issue standards and regulations in
relation to public records or local
government records and its application
SALIENT FEATURES: RA 9470

Empower the National Archives to conduct


inspection of public records or local
government records and to allow exemptions
from compliance with standard or instruction
especially for public records that are subject to
security or other statutory restrictions.
SALIENT FEATURES: RA 9470

Penalties
for any violation related to willful damaging of a public record or
public archives
Section 41 of RA 9470: Penalties for Violations

FINE of Five Hundred Thousand Pesos (Php500,000.00) to One Million Pesos


(Php1,000,000.00)

Both fine and imprisonment at the discretion of the court without prejudice to the
filing of administrative charges that would result to such public officer’s perpetual
disqualification from public office

IMPRISONMENT for five (5) years to fifteen (15) years and/or forfeiture, in favor
of the government, of his salary and other lawful income
RA 9470
COMPLIANCE
• Requirements
• Responsibilities
Section 13 of RA 9470:

Storage and Protection of Public Records

The Records Officer or any appropriate person


responsible for maintaining an office or offices
wherein public records are created or kept shall
establish such safeguards against damage,
removal or loss of records.
Section 15 of RA 9470:

Inventory of Public Records

All government offices shall:


regularly conduct an inventory of their public records and
be mandated to keep the following data in their respective
registry:
Content of Registry

A. All public records in its custody;


B. All public records transferred to the National Archives of
the Philippines
a) Public records disposed of with authority,
b) Data of deferred transfer, and
c) A public access register
Section 16 of RA 9470:

Agency Records Disposition Schedule (RDS)

All government offices, including GOCC’s and GFIs, shall


prepare and submit a Records Disposition Schedule (RDS)
in the prescribed forms, which upon approval by the ED
shall govern the disposition of all the records of that
government offices.
Section 17 of RA 9470:

Disposal of Public Records

The National Archives of the Philippines shall


develop a General Records Disposition Schedule
(GRDS) that shall prescribe the disposition of
public records common to all government offices
Section 18 of RA 9470:

Disposal of Public Records


No government department, bureau, agency and
instrumentality shall dispose of, destroy or authorize the
disposal or destruction of public records, which are in
the custody or under its control except with the prior
written authority of the Executive Director of NAP.
Section 19 of RA 9470:

Authority for the Disposition of Public Records

The Executive Director of the


National Archives of the
Philippines shall authorize in writing
the disposition of public records.
Removal of Records

Agencies shall develop procedures to


ensure that departing officials do not
remove government records from
agency custody.
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INTRODUCTION TO RECORDS
MANAGEMENT
Health Break

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