laws and regulations governing public records - …and+regulations...ra 9470 –an act to strengthen...

Fe Angela M. Verzosa

By Fe Angela M. Verzosa

Laws and regulations governing

Public Records


What are Public Records?

Public records are records that are meant to be made available to the public at large on demand.

While most of the

information filed under the category of public records are made available free of cost on demand, some records might be provided upon paying a nominal fee.


What Do Public Records Do?

• Document actions, decisions, policies and procedures

• Provide legal evidence

• Audit trail

• For accountability

• Preserve corporate memory


. Some exceptions

to making records public:

Records that relate to national security, e.g. classified

documents that the government may refuse to produce in court cases or for Congressional hearings, such as those dealing with military plans and diplomatic strategy.

Records whose contents, if made public, could invade the privacy of an individual who has broken no laws (personnel files, for instance, or income tax records)

Records restricted for reason of public order

and safety, such as Police and other records that relate to

the investigation of a yet-unsolved crime , and records whose

disclosure would endanger the life and safety of an individual


Other limitations to public access

NAP General Circular No. 1 (Jan 20, 2009)


Are records available to the public?

[Countries ranked according to "YES" answers]

5%Burma

18%Vietnam

18%Indonesia

33%Malaysia

42%Singapore

44%Cambodia

56%Thailand

59%Philippines

2001 survey on the accessibility to the public of 43 government-held records


What factors affect public access to records?

• Laws and legislations to guarantee access to information

• Administrative and judicial remedies

in case of nondisclosure by government

• Culture of transparency

• Information infrastructure (using technology to store, retrieve and disseminate information)

• Poor state of recordkeeping

• Strong and vigilant advocacy


The constitutional right to information on

matters of public concern first gained

recognition in the Bill of Rights, Article IV, of

the 1973 Constitution, which states:

Sec. 6. The right of the people to information on

matters of public concern shall be recognized. Access

to official records, and to documents and papers

pertaining to official acts, transactions, or decisions,

shall be afforded the citizen subject to such

limitations as may be provided by law.

RIGHT TO INFORMATION



The right of the people to information on

matters of public concern shall be recognized.

Access to official records, and to documents,

and papers pertaining to official acts,

transactions, or decisions, as well as to

government research data used as basis. for

policy development, shall be afforded the

citizen, subject to such limitations as may be

provided by law.

The foregoing provision has been retained and the right

therein provided amplified in Article III, Sec. 7 of the 1987 Constitution with the addition of the phrase, "as well as to government research data used as basis for policy development." The new provision reads:



• In addition, the Constitution (Article 2 Section

28) mandates the State to adopt and implement

“a policy of full disclosure of all transactions

involving public interest.”

• On top of the Constitution, Congress passed a

law (Republic Act 6713) that provided a code of

conduct for public officials which obliges the

government to release information on other

matters of public concern and compels public

officials to disclose their assets and liabilities,

among other duties.


On February 3, 2012, President Noynoy Aquinotransmitted a

proposed substitute Freedom of Information bill

to administration coalition allies in

the House of Representatives.

But it was not in his list of priority

measures.

On February 3, 2012, President Noynoy Aquinotransmitted a

proposed substitute Freedom of Information bill

to administration coalition allies in

the House of Representatives.

But it was not in his list of priority

measures.

11th Congress (1998-2001), a Freedom of Information bill passed third reading in the House of

Representatives but was never acted upon by the Senate because of the Estrada impeachment trial.

11th Congress (1998-2001), a Freedom of Information bill passed third reading in the House of

Representatives but was never acted upon by the Senate because of the Estrada impeachment trial.

In June 2010, the 14th

Congress in the House again failed to muster a quorum to ratify the Freedom of Information (FOI) bill, approved by 180

lawmakers, many of whom however, were not present for its ratification. The bill had been pending in Congress for the last nine years.

In June 2010, the 14th

Congress in the House again failed to muster a quorum to ratify the Freedom of Information (FOI) bill, approved by 180

lawmakers, many of whom however, were not present for its ratification. The bill had been pending in Congress for the last nine years.

The Freedom of Information billmakes the constitutional right to know and the state policy of full disclosure of transactions involving public interest operable.



PNoy’s FOI version• Version expands access to financial

information such as SALNs and access to other kinds of information by incorporating a provision making the posting/publication mandatory.

• The public is spared from the tedious work of trying to access information from different agencies when the information is made available in one portal, the Official Gazette website (www.gov.ph)

• The bill asks government agencies to translate key information into major Filipino languages and present them in popular form and means.

All government agencies are required to prepare a Freedom of Information Manual that will contain

details and procedures and serve as a guide.


National Archives of the Philippines

RA 9470 –An Act to Strengthen the System of Management and Administration of Archival Records, Establishing for the Purpose the National Archives of the Philippines and for other Purposes

• Approved on May 21, 2007

• Contains 7 Articles and 50 Sections


National Archives mandate

“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 and -

controlled corporations (GOCCs), state universities

and colleges, Philippine embassies, consulates and

other Philippine offices abroad shall be transferred

to a permanent government repository for proper

management, control and regulation of record

disposition.”

Art. 1, Section 2, REPUBLIC ACT NO. 9470 (May 2007)


National Archives: Functions

• Plan, formulate and implement a records

management and archival administration

program …including the adoption of security

measures and vital records protection program

for the government;

• Give technical assistance to all branches of

government in the planning, implementation and

evaluation of their public records management

and archives administration programs;

• Conduct training programs on records and

archives management

• Keep a registry of all public records for public

inspectionEstablish, maintain, operate regional archives and records centers and/or provide technical assistance to government agencies on the establishment of agency records centers.


National Archives:Management of Public Records (Art. 3)requires all government offices to:

• establish their own archives and records office/unit

in coordination with the DBM and the National Archives

• be subject to registration and accreditation, a regular

audit

• regularly conduct an inventory of their public records

• prepare and submit a records disposition schedule

in the prescribed form based on the general records

disposition schedule formulated by NAP prescribing the

disposal of public records common to all government

offices

• obtain prior written authority of the executive director

of NAP before disposal or destruction of any public

records.


Inventory of Public Records

• All public records under its custody

• All public records transferred to the National Archives;

• Public records disposed of with authority

• Data of deferred transfer under Sec. 21; and

• A public access register that contains information on:(1) Restrictions on public access to public records imposed under Sec.

31(g)

(2) Prohibitions imposed under Sec. 36 on public access to public archives or protected records under the control of the executivedirector;

(3) The grounds for the prohibitions and restrictions stipulated under Sections 36 and 37

(4) The conditions agreed to under Sec. 23 hereof as to public access for protected records is transferred to the control of the executive director.

All government offices shall be mandated to keep the following data in their respective registry:


Public records may be classed as:NAP General Circular No. 1 (Jan 20, 2009)


• Sec. 23 of RA 9470. Protected Records of

Local Governments. - (a) The executive

director may, by notice in the Official

Gazette made after consultation with any

local government concerned, declare that a

local government record is a protected

record for purposes of this Act.

What are protected records?

LGUs shall provide for the adequate protection

and preservation of a protected record they hold, and cannot

dispose it without authorization and approval.


Transfer of Public Recordsrequires all government offices to transfer to NAP:

• archival materials or collections of any

government office which are more than thirty

(30) years old and which can no longer be

maintained and preserved

• noncurrent public records that, in the judgment of

the executive director, are of permanent and

enduring archival value

• public records of a government office that ceases

to exist/function as a public office

• Noncurrent public records of a government office

that has thirty (30) years + retention periods

(including inactive personnel records)


Transfer of Public Records


A person having custody of public records, at the expiration of his/her term of office or employment

shall deliver to his/her successor, or if there is none, to the National Archives of the Philippines,

all public records in his/her custody.


Registry of Deferred Transfers

• Public records whose disposition are under or part of specific acts, laws or regulations

• Public records deferred for a specified period on any conditions that the head and the executive director consider appropriate as agreed in writing by the two parties

• Public records that are in electronic form, which the executive director instructs the controlling government office in writing to continue to maintain and control after the expiry of the thirty (30) year period


Transfer of Public Records

Public records shall be surrendered on demand:

Except if the head of the

government office has permitted the person referred

to in the immediately preceding subsection to retain

possession of the record.

Public records, in the possession of a private person who has special permission to keep and

handle records in the course of his official duties, which

in the opinion of the executive director are or

likely to be of permanent and enduring archival value


Disposal of Public Records• NAP General Circular No. 2 (Jan 20, 2009) provides

guidelines on the disposal of valueless records in government agencies.

General rules3.8

Do not dispose financialrecords subject of audit

until they are post-audited and finally

settled.




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