National Archives and Records Management Authority (Narma) Act

Senate as Offite of the surelate TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session AUG -4 P1:21 SENATE RECEIVED BU S. No._ Introduced by Senator Loren Legarda AN ACT REPEALING REPUBLIC ACT NO. 9470, REORGANIZING AND RENAMING THE NATIONAL ARCHIVES OF THE PHILIPPINES AS THE NATIONAL ARCHIVES AND RECORDS MANAGEMENT AUTHORITY (NARMA), DEFINING ITS STRENGTHENING THE MANDATE, POWERS, AND FUNCTIONS, MANAGEMENT AND PRESERVATION OF PUBLIC RECORDS AND ARCHIVAL HERITAGE, AND FOR OTHER PURPOSES EXPLANATORY NOTE Dr. José Rizal once said, "Ang hindi marunong lumingon sa pinanggalingan ay hindi makararating sa paroroonan." These words continue to resonate in a nation where the fragility of institutional memory too often threatens to erase the very foundation of our governance. For far too long, public records have been treated as disposable, with the lessons of history entrusted not to archives, but to the fading recollections of long-serving personnel. Each resignation or leadership transition risks the loss of valuable institutional knowledge-records forgotten, discarded, or left to decay in storage rooms and forgotten cabinets. This bill proposes the transformation of the National Archives of the Philippines (NAP) into the National Archives and Records Management Authority (NARMA), not merely to rename an institution, but to reform the way the Philippine government views, preserves, and values records. The measure is anchored on the belief that historical and administrative records are not just documentation-they are the lifeblood of truth, accountability, and identity.

Since its earliest incarnation as the Division of Archives under the Spanish colonial administration, the national archives system has undergone a long and fragmented journey-renamed, reshuffled, and subordinated under various departments from the American period through the post-war and martial law eras. I From the Office of Archives to the Records Management and Archives Office (RMAO), and finally to the National Archives of the Philippines under Republic Act No. 9470, the agency has never had the structural stability nor enforcement authority to fulfill its mandate.? Even today, the Archives has no permanent home of its own and has endured two destructive fires in its Binondo offices in recent years. Despite these constraints, the Archives holds about 60 million public documents, including an estimated 13 million manuscripts from the Spanish colonial era-royal decrees, governors-general reports, records of uprisings, pastoral letters, architectural plans, and civil registries from the 16th to 19th centuries. It also safeguards records from the American and Japanese occupations, postwar civil service rosters, and the inactive files of now-defunct government bodies (National Archives of the Philippines).3 This bill institutionalizes solutions. It empowers NARMA with regulatory and enforcement powers to oversee all public records, digital or physical. It mandates the establishment of regional archives and digital preservation facilities. It requires all agencies to create records offices, adopt standards for metadata and digitization, and follow systematic schedules for disposition and transfer. It protects historically significant documents from unauthorized sale, destruction, or loss, and grants NARMA the right of first refusal in acquiring private archival treasures. ' Retrieved on 09 July 2025, from National Commission for Culture and the Arts (NCCA), https://web.archive.org/web/20150101114803/http://www.ncca.gov.ph/about-culture-and- arts/articles-on-c-n-a/article.php?igm=2&i=181 ≥ Retrieved on 09 July 2025, from National Archives of the Philippines, https://nationalarchives.gov.ph/downloads/national-archives-of-the-phils-act-of-2007-r-a-9470/ 3 Retrieved on 09 July 2025, from GMA Network (GMA News Online), https://www.gmanetwork.com/news/topstories/metro/654733/juan-luna-building-location-of-national- archives-affected-by-binondo-fire/story/?utm source, Retrieved on 05 September 2021, from Manila Bulletin, https://mb.com.ph/2021/9/5/fire-hits-national-archives-office-in-manila nationalarchives.gov.ph+14mb.com.ph+14reddit.com+14

By creating a permanent, professional, and future-ready institution, this measure not only preserves documents-it preserves our governance. It ensures that policymaking, legal review, public service, and historical research are grounded in evidence. It upholds the people's right to information and reinforces the cultural continuity that binds generations together. As Dr. Jose Rizal reminded us, a nation that forgets its past is bound to lose its way. This bill answers that call by institutionalizing the preservation of memory as a matter of national duty. Through NARMA, we do not merely look back-we prepare the future to look back clearly. In view of the foregoing, the early passage of this bill is earnestly sought. LOREN LEGARDA

Sentate Office of thr Starry TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session ) AUG -4 P1:21 SENATE RECEIVED D S. No._ Introduced by Senator Loren Legarda AN ACT REPEALING REPUBLIC ACT NO. 9470, REORGANIZING AND RENAMING THE NATIONAL ARCHIVES OF THE PHILIPPINES AS THE NATIONAL ARCHIVES AND RECORDS MANAGEMENT AUTHORITY (NARMA), DEFINING ITS MANDATE, POWERS, AND FUNCTIONS, STRENGTHENING THE MANAGEMENT AND PRESERVATION OF PUBLIC RECORDS AND ARCHIVAL HERITAGE, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: ARTICLE I GENERAL PROVISIONS

Sec. 1. Short Title. — This Act shall be known as the "National Archives and

4 Records Management Authority (NARMA) Act.

Sec. 2. Declaration of Policy. - It is the policy of the State to protect, conserve,

promote and popularize the nation's historical and cultural heritage and resources. 7 The State shall pursue, conserve and promote the Filipino cuitural 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 2 offices, including, but not limited to, all branches of government, constitutional offices, 3 local government units (LGUs), government-owned and -controlled corporations 4 (Director Generals), state universities and colleges, Philippine embassies, consulates and other Philippine offices abroad shall be transferred to a permanent government 6 repository for proper management, control and regulation of record disposition.

Sec. 3. Objectives. - This act shall have the following objectives:

a) Strengthening the existing system of management and administration of public records and archives, including electronic records; b) Mandating accountability in ensuring that full and accurate records of all government policy and action are created, maintained, and preserved; c) Ensuring the systematic and timely disposal of valueless records; d) Enhancing public confidence in the integrity of public record-keeping and management; e) Ensuring the accessibility of public records relevant to the promotion and preservation of Philippine cultural heritage and the people's right to information;Protecting, preserving, conserving, and promoting the nation's documentary heritage, both in the public and private sectors; f) Supporting the safekeeping of private archives; and g) Strengthening the role of NARMA in developing and supporting government record-keeping and archival management.

Sec. 4. Scope. — This act shall cover all records, as defined in this act, held in

both government offices, as well as archival and records management programs and activities in all branches of government, including local government units and autonomous regions constitutional offices, and other government instrumentalities. Regulation of private archives under this Act shall apply only to those that have been declared as Important Cultural Properties or National Cultural Treasures pursuant to existing heritage laws, or those determined by NARMA to contain estray public records, and shall be exercised with due regard to the constitutional rights to private property, data privacy, and due process.

Sec. 5. Definition of Terms. - For purposes of this Act, the following definitions

2 shall hereby apply: a) "Agency Records Center" refers to the storage of non-current records to be managed and operated by each government office concerned or by a private entity contracted by a government agency, as approved by NARMA; b) "Approved Repository' refers to a repository to be established by the Director General, provided under this act; c) "Appraisal' is the systematic study of records to determine whether they possess archival value necessitating preservation; d) "Archives" refer to: 1. Public records, papers, periodicals, books or other items, articles or materials, whether in the form of electronic, audio-visual or print, 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" refer to records, papers, periodicals, books or other items, articles or materials, whether in the form of electronic, audio- visual or print or other forms, which by their nature and characteristics have archival value; f) "Archival Value" refers to the ongoing usefulness or significance of records, based on the administrative, legal, fiscal, evidential, or historical information they contain, justifying 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 General' refers to the head of the national archives and records management authority; j) "Disposal' is the act of discarding or destruction of valueless records in accordance with the provisions of this act; k) "Disposition" refers to the systematic movement of records in the office storage whereby those classified as valuable records are permanently preserved and those which are classified as valueless are disposed of; 1) "Electronic Records" refer to information recorded in machine-readable form, including records created, captured, generated, sent, received, and stored in electronic records systems; m) "Estray Record' refers to a public record that is no longer under the custody and control of NARMA or a controlling government office; n) "Government Office" refers to any public office in all branches, subdivisions, instrumentalities, agencies and entities of the government, including, but not limited to, national government agencies (NGAS), constitutional offices, local government units (LGUs), government- owned and controlled corporations (GOCCS), state and local universities and colleges, courts, legislative and judicial offices, local water instrumentalities, Philippine Embassies, consulates, other Philippine offices abroad, and other instrumentalities of government; o) "Head Of Office" refers to the person responsible for the performance of a government office and/or the person responsible for LGU, such as the local chief executive; p) "Important Archival Cultural 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) " Judicial Records" refer to records presented to, or belonging to the supreme court including all the judicial courts and judicial organizations under its jurisdiction; r) "Legislative Records" refer to records presented to, or belonging to the Philippine Senate and the House of Representatives or any of their committees; s) "Local Government Archives" refer to local government records that have been collected by the controlling LGU that served as historical evidence in the performance of its duties; t) "Local Government Records" refer 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. 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 and important to the country and nation, and has been officially declared as such by law or by NARMA; w) "Noncurrent Records" refer to files that deal with completed or adjourned business not needed for action or reference in continuing agency transactions but which may be preserved and occasionally used for legal, historical or operational purposes; x) "Open Access Records" refer 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" refer 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" refer to records with archival value belonging to private individuals and/or entities; bb)" Protected Record' refers to local government records containing data that are important from economic, social, political, legal, national security, scientific, cultural, technological or other aspects, which are indispensable for the research of historical past, for becoming acquainted with and understanding it, and/or for the continuous fulfillment of public duties and the realization of citizens' rights, which are not or only partially available from other sources; Cc) " Public Access Registry" refers to a register available to the public that contains information regarding access to public records, including any restrictions or unauthorized disclosures; dd)" Public Archives" refer to: ee) Public records that are determined to have archival value; and ff) Private archives that are acquired by NARMA under the provisions of this act, as well as any private archives acquired by any government office; gg)" Public Records" refer to records or classes of records, in any form, in whole or in part, created or received, whether before or after the effectivity of this act, 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; hh) " Records" refer 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;

ii) "Records Center refers to an intermediate repository in which noncurrent records of various government offices are stored until they can be destroyed or transferred to NARMA; ji) "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; kk) "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; Il) "Repository" refers to a facility determined by a government office for the appropriate maintenance and storage of public records; mm) "Restricted Access Records" refer to records for which access has been restricted due to a legal impediment and/or a standard or advice issued by the Director General that requires such public records to be withheld from public access; nn)"Standards" refer to the circulars and orders issued by the Director General pursuant to the provisions of this act; o0)" Vital Records" refer to records containing information essential for: emergency operation during a disaster, the resumption and/or continuation of operations; the re-establishment of the legal, financial, and/or functional status of the organization; and the determination of the rights and obligations of individuals and corporate bodies with respect to the organization; and pp)" Vice President's Papers" refer to records and other documentary materials created or received by the vice President, the vice President's immediate staff, or a unit or individual of the office of the vice President whose function is to advise or assist the vice President during his/her incumbency.

ARTICLE II PURPOSE, OTHER PRELIMINARY PROVISIONS, AND KEY ADMINISTRATIVE PROVISIONS

Sec. 6. NARMA as an Independent Agency. - The NARMA shall be an

independent agency attached to the National Commission for Culture and the Arts (NCCA) exclusively for cultural program coordination.

Sec. 7. Mandates and Functions. —

a) The following are the mandates of NARMA: 1) It shall be the sole authority in government records management and archives administration; 2) It shall 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, including the acquisition, storage and preservation of public archives and providing facilities for reference, research, or other purposes; NARMA shall be the primary government agency responsible for the protection, conservation, designation, and regulation of public archives, including archival cultural properties; and 4) NARMA shall exercise regulatory authority over private archives only in cases where such archives have been officially declared as Important Cultural Properties or National Cultural Treasures pursuant to existing heritage laws, or where they contain estray public records, subject to constitutional safeguards on private property, data privacy, and due process. b) The following are the functions of NARMA: 1) Take necessary measures to classify, identify, preserve, and restore public records; 2) Acquire or facilitate the acquisition of permanent and suitable buildings for NARMA to house the country's archival holdings and public records;

3) Conduct archival research using archival materials here and abroad; 4) Plan, formulate, and implement a records management and archival administration program for the efficient creation, utilization, maintenance, retention, preservation, conservation and disposal of public records including the adoption of security measures and vital records protection program in the interest of disaster preparedness and business continuity in government; 5) Provide technical assistance to all government offices, as well as the private sector, with respect to the storage of records, and in the planning, implementation and evaluation of their records management and archives administration programs; 6) Conduct and accredit training programs on records and archives management, including the establishment of an archival system of both public and private sectors; 7) Oversee public archives, and exercise regulatory functions over private archives only as provided under this Act; 8) Acquire public records, private archives, and all other records that the Director General deem to have archival value through sale, donation, expropriation, or other forms of conveyance or transfer subject to due process and in accordance with this Act and applicable laws on cultural heritage and expropriation; 9) Impose administrative fines and sanctions for violation of its rules and orders issued pursuant to this act, including the authority to investigate offenses, issue subpoenas, administer oaths, take testimony, issue cease-and-desist orders, and hold individuals or entities in contempt for obstruction or refusal to comply with its lawful directives or decisions in the implementation of this act; 10) Ensure the preservation and conservation of existing and future archival resources of the government;

11) Issue, transmit and/or reproduce copies, certified true copies or certifications on public archives and/or extracts thereof, subject to the provisions on access in this act and other existing laws; 12) Maintain a registry of all public records under the custody and control of NARMA which shall be made available for public inspection; 13) Obtain custody and management of all the public archives, both physical and digital, not already in the custody and management of NARMA. the transfer of custody shall be conducted in accordance with established legal and procedural guidelines; 14) Accept, store, preserve and conserve any public archive transferred to NARMA; 15) Establish, maintain, operate regional archives and records centers with complementary archives preservation facilities, and all other related facilities; 16) Develop and implement policies, programs, and technologies aimed at increasing the capacity for the maintenance, storage, reproduction, and preservation of public records in electronic and digital formats. this includes ensuring their authenticity, reliability, accessibility, and security in alignment with international records management standards and best practices, while leveraging data analytics, data modeling, and futures thinking to enhance capabilities, improve efficiency, and inform evidence-based decision-making in a transparent and responsible manner; 17) Establish special institutes and archives, as may be necessary; and 18) Prepare, publish, sell, or otherwise distribute materials concerning any public archives or any part of the archives or the activities, facilities, and services provided by NARMA, subject to the terms and conditions on which they are obtained and subject to copyright laws.

Sec. 8. Management of NARMA. — NARMA shall be headed by a Director

General. The Director General shall be assisted by three (3) Deputy Directors-

1 Generals: one (1) for records management; one (1) for archives administration; and 2 one (1) for administrative, finance, and support services. The regional offices shall be managed and supervised by the Director General 4 and Deputy Directors-General, with the assistance of at least one (1) regional director per administrative region, each of whom shall have a Career Executive Service (CES) 6 eligibility or its equivalent, in accordance with existing civil service laws and 7 regulations. Each regional director shall be assisted by an assistant director, both the 9 regional director and assistant regional director shall be appointed by the Director General based on merit, qualifications, and performance.

Sec. 9. The Director General. - the Director General shall be the National

Archivist of the Republic of the Philippines, with the rank and emoluments of a Department Undersecretary. The Director General shall be appointed by the President. No person shall be appointed or designated as Director General of NARMA unless he/she possesses the following minimum qualifications: a) a Filipino Citizen; b) a holder of a master's degree in archival studies, Arts, History, Humanities, Social Studies, Political Science, Sociology, Public Administration, Library Science, Information Management or a related field of study; c) ten (10) years of experience, preferably in records management and archives administration; and d) not previously found guilty of a criminal or administrative offense. The Director General shall have a fixed term of seven (7) years. In case of vacancy during the seven-year term, the subsequent appointee shall serve only the unexpired term of the predecessor and may later be reappointed to a fresh seven- year term.

Sec. 10. The Deputy Directors General. — the Deputy Directors - General shall

have the ranks and emoluments of an Assistant Secretary. One (1) of the Deputy Directors General will be appointed by, and shall be coterminous with the Director General; while the other two (2) Deputy Directors-General shall be career officials appointed by the President.

No person shall be appointed or designated as deputy director-general of 2 NARMA unless he/she possesses the following minimum qualifications: a) a Filipino Citizen; b) a holder of a master's degree in Archival Studies, Arts, History, Humanities, Social Studies, Political Science, Sociology, Public Administration, Library Science, Information Management, or a related field of study; five (5) years of experience in records management and archives administration; and d) Career Executive Service Eligibility (for the Deputy Directors General who 11. are appointed by the President); and e) not previously found guilty of a criminal or administrative offense.

Sec. 11. Functions and Powers of the Director General. - the Director General

shall have the following functions and powers: 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 in his or her judgment 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;

Report to the President any loss of public records in the custody and control of NARMA; j) Enter into agreements with any archival or historical institutions, local or abroad, to acquire or copy original documents or archival materials to enhance the archival and historical holdings of the Philippines; k) Establish and implement government-wide programs on public records and archives for disaster-preparedness and business continuity; I) Establish linkages with local and foreign organizations engaged 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; n) Appoint as a consultant any person who possesses the ability and expertise to carry out archival research, documentation work, or any activities deemed necessary by the Director General; Review or cause the review of any classified records which are in the custody and under the control of NARMA; p) Inspect the contents of any classified records and declassify or reclassify those records which are in the custody and under the control of NARMA, in accordance with existing laws, issuances and regulations on classified documents; Cite responsible official/s in contempt for any violations of this Act; and r) Perform such other functions as may be necessary for the proper and effective management of NARMA and to fully implement this act.

Sec. 12. Optimization. - The Director General shall have the authority to

reorganize the structure of the National Archives of the Philippines, including its staffing pattern, to carry out its functions pursuant to its expanded mandate as NARMA, subject to the approval of the Department of Budget and Management (DBM) and in accordance with the rules and guidelines of the Civil Service Commission (CSC).

Sec. 13. Permanent site. - The facilities, buildings, and real properties currently

assigned to or utilized by the National Archives of the Philippines shall be designated for the exclusive use of the National Archives and Records Management Authority

(NARMA). These properties shall serve as permanent sites for the Authority's 2 operations, administration, and archival preservation functions. The ownership and administration of such properties shall be transferred to NARMA, without prejudice to 4 the acquisition, lease, or use of additional sites or facilities necessary for the fulfillment of its mandate.

Sec. 14. Establishment of an Archival Conservation Laboratory - NARMA shall

7 establish an archival conservation laboratory equipped with advanced paper conservation tools and equipment to ensure the continued preservation of its archival collection.

Sec. 15. Establishment of Regional Offices. -NARMA shall establish, operate,

and maintain regional offices to perform active and inactive records management and archives administration and preservation activities in each administrative region. The regional offices shall operate regional records centers and regional archives, with complementary storage facilities and archives preservation facilities.

Sec. 16. Trust Fund. - NARMA shall establish a trust fund which shall be sourced

from fees, fines, and other income generated from operations incidental to its functions. the trust fund shall be used exclusively for NARMA programs, activities, acquisitions, infrastructure, improvement, travels, trainings abroad, and analogous expenses subject to existing government accounting and auditing rules.

Sec. 17. Retention of Income and Disposition of Donated Funds. - Income that

accrues to NARMA from all sources of its operations shall be placed in the NARMA trust fund and may accumulate for disbursement in future fiscal years, if not used within the fiscal year in which such income was generated. Donations of money to NARMA shall also be placed in NARMA trust fund, to be disbursed according to the terms and purposes of the respective deeds of donation, or disbursed for any purpose that benefits NARMA, as may be determined by the Director General, if no specific purposes are stipulated in the deeds of donation. The handling and accounting of such donations shall be subject to rules and regulations to be prescribed by NARMA in agreement with the Commission on Audit (COA) within six (6) months after the effectivity of this act.

Sec. 18. Exemption from Taxes, Duties, Fees, and Charges. - Subject to

pertinent provisions of the National Internal Revenue Code of the Philippines, as

amended NARMA shall be exempt from paying import taxes and tariff duties on all 2 art/display materials and equipment directly used for its non-profit programs, 3 including, but not limited to, the acquisition and the proper management of archival records, the purchase of such public records, and of the necessary chemicals and 5 other materials for their preservation and/or restoration, exhibit and technical 6 equipment and films. Donations and legacies to NARMA shall be exempt from donor's estate and 8 inheritance taxes and the same shall be considered as an allowable deduction from 9 gross income in the computation of the income tax of the donor, in accordance with 10 the national internal revenue code of 1997, as amended. ARTICLE III THE PUBLIC RECORDS MANAGEMENT SYSTEM

Sec. 19. Objectives of Records Management. - NARMA shall lead the

establishment of the Records Management Standards and Procedures to be implemented by all government offices, with particular attention to their peculiar needs and operations. Such Records Management Standards and Procedures shall seek to pursue and implement the following objectives: a) Accurate and complete documentation of the policies and transactions of all government offices; b) Assessment and control of the quantity and quality of public records generated by a government office; Establishment and maintenance of control mechanisms with respect to records creation to prevent the creation of unnecessary records and to promote the effective and economical operations of a government office; d) Simplification of activities, systems, and processes of records creation, maintenance, use and disposition of records; e) Judicious preservation and disposition of public records; f) Direction of continuous attention on records from their initial creation to their final disposition;

9) Increase in capacity of electronic and digital forms in the maintenance, storage, reproduction, and preservation of public records; and h) Establishment and maintenance of such other systems or techniques as NARMA considers necessary to carry out the policies and objectives of this act.

Sec. 20. Establishment of Records Offices in Government Agencies. — Within

7 one (1) year from the effectivity of this Act, all government agencies or offices, as defined herein, shall establish, depending on the organizational structure, a Records 9 Office/unit/section/or division, with its corresponding plantilla positions, in coordination with the dbm and NARMA. it shall be headed by aRecords Officer, who may also be an archivist who shall be responsible for ensuring compliance with the regulations and guidelines issued by NARMA.

Sec. 21. Establishment of Agency Records Centers. - All government offices

shall establish their Agency Records Center for the maintenance and control of noncurrent records under their custody.

Sec. 22. System of Registration and Accreditation. — Pursuant to the provisions

of this Act, NARMA shall institute a comprehensive system for the registration and accreditation of various public and private archives nationwide. Such system of registration and accreditation shall include among others, the mechanism for updating public and private archives of recent methods, techniques and procedures in records management and the annual reportorial requirements of their archival holdings.

Sec. 23. Public Access Registry. - All government offices shall regularly conduct

an inventory of their public records and shall be mandated to keep the following data in their respective public access registry: a) All public records under the government office's custody; b) All public records transferred to NARMA; c) Public records disposed of with authority from NARMA; and d) Data of deferred transfer. Such public access register shall also contain information on: a) Restrictions on public access to public records; b) Prohibitions on public access to public archives or protected records under the control of the Director General; and

c) The grounds for the prohibitions and restrictions stipulated. The heads of all government offices concerned shall ensure the full public 3 accessibility of said registry.

Sec. 24. Records Disposition. - Every disposition action on a public record must

5 strictly be in accordance with the general records disposition schedule and agency records disposition schedule, whenever applicable, as submitted to and approved by 7 NARMA.

Sec. 25. General Records Disposition Schedule (GRDS). - NARMA shall develop

a general records disposition schedule that shall prescribe the disposal of public records common to all government offices.

Sec. 26. Agency Records Disposition Schedule. - All government offices shall,

after a periodic appraisal and review of its inventory of public records at a frequency to be determined by NARMA, submit an agency records disposition schedule covering other public records not covered by the GRDS.

Sec. 27. Disposal of Public Records. - No government office shall dispose, or

authorize the disposal, of any public record under its custody or control, except with the prior written authority of NARMA.

Sec. 28. Authority for the Disposition of Public Records. -

a) the Director General shall authorize in writing the disposition of a public record, such as: 1) transferring control and custody of the public record to another government office; transferring control and/or custody of the public record to the Director General; 3) destroying the valueless public record; or 4) selling the valueless public record. b) before authorizing a disposition of a public record under subsection (a), the head of a government office shall give the Director General at least thirty (30) days' notice prior to: 1) the intention to transfer control of the public record, with a general list and description of the public record concerned;

2) the intention to dispose of the public record, with a general list and description of the public record concerned; and 3) the place where additional information may be obtained on the public record concerned and the person to whom any comments may be sent.

Sec. 29. Transfer of Public Records to NARMA. - heads of government offices

shall cause the transfer of the following public records, under their control and custody, to the control and custody of NARMA: a) archival materials or collections of any government office which are more than thirty (30) years old and have national and historical significance as determined by NARMA, including, but not limited to: 1) as-built plans of government-owned buildings, bridges, and similar works implemented by the department of public works and highways, and by other government offices; and 2) noncurrent public records of a government office with thirty (30) years or more retention periods, including inactive personnel records which are often referred to as the 201 files. b) any public record, regardless of age, that, in the judgment of the Director General, have archival value to warrant its preservation; c) public records of a government office that ceases to exist as a public office, or ceases to exercise a function to which its public records relate, unless otherwise provided by law; d) President and Vice-Presidential papers; e) Civil Registry Records over one hundred (100) years old; and f) other public records which may be transferred at the option of the heads of government agencies, subject to the acceptance of such records by NARMA. Nothing in this section shall be deemed to authorize the transfer of classified records except with prior written consent of the head of the government office charged with the control and custody of public records. Furthermore, nothing in this section shall be construed as affecting or extending the law relating to copyright.

Public records shall be surrendered on demand: a) 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 Director General are or likely to be of permanent and enduring archival value, shall, on demand by the Director General be surrendered to the custody and control of NARMA; and b) A public record, which is demanded, need not be surrendered if the head of the concerned government office has permitted the person referred to in the immediately preceding subsection to retain possession of the record.

Sec. 30. Turnover of Presidential and Vice-Presidential Papers. - Presidential

papers and Vice-Presidential papers as defined under this act shall be transferred to the custody of NARMA within one (1) year from the end of the term of the respective President and vice President.

Sec. 31. Deferred Transfer of Records. - The Director General may defer the

transfer of any public records when, upon his or her determination, the immediate transfer of the public records shall prejudice the administration of any government office or would be contrary to public interest. The Director General may also defer the transfer of any public records due to logistical concerns, pending legal issues over such records, or failure of the government office to comply with any procedure and conditions for transfer that NARMA may set out. The requirement to transfer public records does not apply to the following circumstances: a) Public records whose disposition are under or part of specific acts, laws regulations, or orders of a competent court, or a quasi-judicial or investigatory body; when the head of the controlling government office and the Director General have agreed in writing that the transfer of the public records may be deferred for a specified period; provided, that such deferment should not exceed two (2) years, and that this deferment may be extended

through the extension of the agreement upon approval of the Director General, which shall not be more than two (2) years; C) public records that are in electronic form, if the Director General instructs the controlling government office in writing to continue to maintain and control those records after the expiry of the thirty (30) year period; or d) when the controlling government office has its own archival facility. Every deferred transfer under this section shall be noted in NARMA's registry, and the respective registry of the government office concerned.

Sec. 32. Transfer of Public Records to Narma Records Centers - Whenever it is

in the interest of the efficient operations of a government office, the head of a controlling government office may direct the transfer of such noncurrent public record to a records center as provided for by this act; Provided, that such transfer is approved by NARMA and according to the transferring agency's records disposition schedule and the GRDS.

Sec. 33. Regional Archives, Records Center and Agency Records Center,

Establishment. - Pursuant to the objectives of this act, the following shall be established, maintained and operated by NARMA: a) Regional Archives - they shall be responsible for the storage, processing, servicing and preservation of public archives of government offices in a region or regions; and b) Records Centers - they shall be responsible for the storage, processing and servicing of the noncurrent records transferred in the records centers.

Sec. 34. Protected Records of Local Governments. -

a) the Director General 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. an LGU shall provide for the adequate protection and preservation of a protected record it holds, in accordance with any applicable standards or instructions issued by the Director General. c) an LGU shall not dispose of a protected record unless it has:

1) notified in writing the Director General of its intention to dispose of the protected record; 2) identified the protected record concerned; and 3) specified how it intends to dispose of the protected record. not later than three (3) months after receiving written notification under subsection (c)(1), the Director General shall: 1) direct the local government in writing to transfer the protected record to the control of the Director General, subject to conditions agreed by the head of an LGU and the Director General; or 2) authorize the disposal of the protected record identified under subsection (c)(2).

Sec. 35. Approval of Repositories. - the Director General may:

(a) bestow upon an appropriate archives, such as a museum, a library, another archive or a local government repository, as an approved repository where public archives may be deposited for safekeeping; (b) amend or revoke such grant of approval as stipulated under paragraph (a) herein; (c) at any time after giving reasonable notice, inspect an approved repository; (d) with the agreement of the head of the controlling government office and the consent of the approved repository, deposit public archives in an approved repository, or conditions on, or issue instructions to, an approved repository for the purpose; (e) impose standards of ensuring that the national interests in the public archives are preserved; the public archives are properly maintained and appropriate public access to the public archives is maintained; and (f) direct an approved repository to transfer public archives to the possession of NARMA, another approved repository or the controlling government office, as the case may be.

ARTICLE IV ELECTRONICS RECORDS MANAGEMENT

Sec. 36. Management of Electronic Records. - all government offices, with

existing electronic records, shall create, implement, and periodically update an 5 Electronic Records Management Program (ERMP), which shall be in line with the standards set under this act and other regulations which may be issued by NARMA.

Sec. 37. Electronic Records Standards - The following minimum standards

shall be imposed on Electronic Records Management: a) Record Documentation - electronic records shall be created with essential metadata which describe the content and structure of the record as well as the background of its creation. accurate and reliable links connecting the electronic record and the transaction that will be created shall be maintained; b) Record Accessibility - the content, structure, and context of records shall be transferred to and preserved in the electronic records management system in an accessible and useable format until the records reach the end of their retention period or until they are destroyed. proper formats shall be used to ensure interoperability among systems and agencies, enabling efficient record management and access; c) Record Integrity- all electronic records shall be properly secured. they shall be protected throughout their retention periods from intentional or accidental modifications, disclosures deletion, and unauthorized access. permission to capture, access, or destroy electronic records shall only be given to authorized personnel; and d) Record Security - agencies shall formulate their own rules on access levels to include the use of usernames and passwords. access rights may be given to authorized users and/or personnel in accordance with applicable provisions of the data privacy act and other regulations pertaining to confidential and classified records. the agency shall also

identify which electronic records are subject to legislative, regulatory and institutional policy restrictions.

Sec. 38. Inventory of Electronic Records - all government offices shall create

an inventory of all electronic records, regardless of media. government offices shall also ensure that all electronic records are included in their respective agency records 6 disposition schedules.

Sec. 39. Digitization of Paper Records - records with long-term administrative,

legal, fiscal, or other permanent value shall be prioritized for conversion to an electronic format.

Sec. 40. Preservation of Electronic Records - government offices shall

guarantee that electronic records will not sustain any loss or alteration of information at all stages of their existence. Government offices must ensure the future accessibility of electronic records by developing migration and conversion strategies that are designed to update hardware, software, and storage media before they reach obsolescence. Furthermore, government offices shall maintain appropriate back-up media and systems for storing electronic records through-out the records retention period.

Sec. 41. Migration of Electronic Records - Migration of electronic records shall

be required when at least one (1) of the following conditions is met: a) the scheduled destruction date is greater than five (5) years from the initial installation date or last major upgrade of the computer storage device or software that reads, process, or maintains the records; b) the total retention period is greater than ten (10) years from the date the records were created; or c) usability of the electronic records will be affected by replacements, or other changes in computer hardware or software upgrades, components.

Sec. 42. Retention and Disposal of Electronic Records - The retention and

disposal of electronic records shall be in accordance with the approved records disposition schedules of this Act.

ARTICLE VI STANDARDS, INSPECTION, REPORTING AND AUDIT

Sec. 43. Effectivity of Standards. - All standards issued by the Director General

shall be published in the Official Gazette or in a newspaper of general circulation not 5 later than ninety (90) days before its effectivity. in the absence of such required 6 publication, the standards issued shall be deemed ineffective and unenforceable.

Sec. 44. Inspection Powers. - the Director General may, after giving

reasonable notice to a government office or private archive concerned, review the 9 records management and archives administration practices and programs of any government office, determine the effectiveness and compliance of such practices and programs with this act, and make the necessary recommendation or directive for correction or improvement of records management; Provided, that during the conduct of inspection, the Director General may require the production of documents or archives. However, the Director General is prohibited from exercising such power to inspect in cases where public records: a) carry security classifications; and, b) are restricted by other legislation without the consent of the head of the controlling government office. The provision of this section applies, with the necessary modifications, to local government records and local government archives. For this purpose, NARMA shall adopt an operational guideline and rules of procedure.

Sec. 45. Direction to report to the Director General. - the Director General may

give notice in writing directing the head of a government office or of an approved repository to report to the Director General or to any other person on: a) any specified aspect of its record keeping practice; or b) the public records that it controls or, in the case of an approved repository, has possession of.

Sec. 46. Annual Report on Record Keeping. - The Director General shall make

an annual report to the President on the state of record keeping within government

offices. Such report shall be included in the annual report given to the President where 2 the same shall be furnished to the congress.

Sec. 47. Public Records Management Audit. - The Director General shall be

authorized to conduct records management audit in government offices and other public archives. All heads of each government office, whether national or local, shall grant access to all of their records for audit purposes. For this purpose, the Director General may deputize the respective Records Officers of the concerned agencies or office to assist in the conduct of the audit. ARTICLE VII ARCHIVES ADMINISTRATION AND PROCUREMENT

Sec. 48. Access Status. - When public records that have been in existence for

thirty (30) years or more are about to be transferred to the custody and control of NARMA, the head of the controlling government office shall classify the records as either: a) Open access records, which may be freely accessed by the public; or b) Restricted access records, which must be withheld from the public as required by law or as deemed necessary by the head of government office. At the time of original classification, the controlling government office shall establish a specific date or event for declassification based on the duration of the national security sensitivity of the information, which period shall not exceed thirty (30) years. Such period may be extended upon approval by the Director General of the request by the controlling government agency, which extension shall not be more than five (5) years at a time.

Sec. 49. Grounds for Determining Access Status. -

a) In classifying the access status of a public record, the head of the controlling government office shall consider existing rules and regulations on classified records. b) If there are no good reasons to restrict public access under subsection (a), or if no legal impediment exists that requires a public record to be

withheld from public access, the head of the controlling government office shall classify the record as an open access record. c) If there are good reasons for restricting public access under subsection (a), or if such legal impediment exists requiring such public record to be withheld from public access, the head of the controlling government office shall, in consultation with the Director General, determine the necessity to restrict public access to the public record for a specified period of time or permit such public access with conditions. d) The head of a controlling government agency may, at any time, in consultation with the Director General, vary or withdraw a condition imposed on public access records. e) A public record subject to a restriction under subsection (c) becomes an open access record on the withdrawal of the restriction. f) NARMA shall comply with the conditions of public access imposed under subsection (c). 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. 50. 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. 51. 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 following:

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 Director General; or 2) there exists a legal impediment that requires such local government record 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 local government shall, having regard to any relevant standard or advice issued by the Director General, determine whether it is necessary to restrict public access to the local government record for a specified period of time, but which shall not be for a period exceeding thirty (30) years, or permit public access subject to the appropriate conditions; d) Despite subsection (c), the head of the local government may, if there is good reason to do so, restrict public access to the local government record for one or more further specified periods not exceeding thirty (30) years for each further period; e) At any time, the head of the controlling local government, having regard to any relevant standard or advice issued by the Director General, may vary or withdraw a condition imposed; and f) A local government record, subject to a restriction under subsection (c), becomes an open access record on the withdrawal of the restriction.

Sec. 52. Access to Public Archives. - Any person may, for the purpose of

reference or research, inspect any public archives or public records made available to the public; Provided, That all conditions or restrictions imposed by NARMA and the government office from which the public records were acquired are met.

Sec. 53. Public Inspections of Open Access Records. - Unless this Act provides

2 otherwise, an open access record shall be made available for inspection by the public as soon as it is reasonably practicable after a request to inspect the record is made to the government office, the approved repository, or NARMA, whichever has possession of the open access record.

Sec. 54. Publication or Copying of Public Archives under NARMA. - The Director

7 General may, subject to the condition that he/she deems appropriate, authorize, in writing, the publication or replication of a public archive that is an open access record.

Sec. 55. Prohibition on Public Access or Replication. - Accessing or replicating

a public archive or protected record which is under the control and custody of NARMA shall be deemed prohibited. Such prohibition on public access shall be noted in the Public Access Registry.

Sec. 56. Restricted Access Records. - The period for which public access to a

public record may be restricted may, upon the written request of the Director General, be reviewed after the expiry of ten (10) years from the date that the restriction is recorded in the Public Access Registry: Provided, That before its expiry, it may be extended for further periods as specified by the head of the controlling government office.

Sec. 57. Creation of Archival Preservation Copies. - NARMA shall ensure

continued access to its archival collection through the creation of preservation copies of its archival records in various preservation formats, such as but not limited to, microfilms and microfiche.

Sec. 58. Protection of Records and Archives Against Disasters. - NARMA shall

establish standards and guidelines for the protection of records and archives during natural disasters and human-induced calamities. It shall establish close coordination with relevant government agencies to ensure that records and archives are protected and preserved during natural disasters and human-induced calamities.

Sec. 59. Inalienability and Imprescriptibility of Public Records and Public

Archives. - All public records and public archives are inalienable and cannot be removed, abandoned, destroyed or transferred from the agency having custody of the records without the authorities under this Act or its implementing rules.

NARMA shall have the right to recover, manage, and retain custody/possession 2 of any and all estray records at any time. Furthermore, NARMA may compel any person to surrender an estray record at any time after due notice. The head of the concerned government office shall notify NARMA of any actual, 5 impending, or threatened unlawful removal, sale, unauthorized reproduction, 6 defacing, alteration, corruption, deletion, erasure, or other destruction of records in 7 the custody of a government office. NARMA shall then initiate action for the recovery 8 and protection of such public records Provided, That nothing in this section shall be 9 construed to authorize warrantless entry or seizure absent due process of law.

Sec. 60. Procurement of Items for NARMA Collections. - NARMA shall be

allowed to procure archival collections or items by means of direct negotiation with the owners of such items, or their duly designated agents or representatives, in the Philippines and abroad. Furthermore, nothing in this section shall be construed as affecting or extending the law relating to copyright. Notwithstanding the provisions of the Intellectual Property Code (RA 8293 as amended), copyright of properties acquired pursuant to the preceding sections shall belong to NARMA, unless otherwise stipulated.

Sec. 61. Procurement through Public Auction. - The NARMA shall be authorized

to procure unique, special, and/or original items for its collections through bidding at public auctions, including online public auctions. For each item, the Director General shall predetermine an appropriate price ceiling based on his or her judgment of the fair market valuation of the same, exclusive of commissions, fees, charges, taxes and other associated expenses. The interest of NARMA in a certain item shall be made known to the management of the public auction, which shall duly disclose or otherwise announce it to all parties registered to observe or participate in the said auction. However, with or without prior notice, NARMA shall be given preference in the bidding process and it shall have thirty (30) working days, upon notice of the conclusion of the highest bid, to match the highest bid made for an item it has expressed an interest in, and if the bid is successfully matched then NARMA shall be awarded the item in question. The invoice issued to NARMA by the management of the public auction, which shall include the relevant commissions, fees, charges, taxes, and other associated

expenses in addition to the bid price for the item, followed by the procedure in the immediately preceding section, shall be considered sufficient for the procurement of an item under this section. ARTICLE VIII PROTECTION, PRESERVATION, AND CONSERVATION OF ARCHIVAL CULTURAL HERITAGE

Sec. 62. Declaration of Archival Records as National Cultural Treasures and

8 Important Cultural Properties. - The NARMA shall declare archival properties as 9 Archival National Cultural Treasures or Archival Important Cultural Properties in accordance with the provisions of the National Cultural Heritage Act, as amended.

Sec. 63. Right of First Refusal over Archival Records Declared as Important

Cultural Properties and National Cultural Treasures. — NARMA shall be given the right of first refusal in the purchase of archival records declared as National Cultural 14 Treasures or Important Cultural Properties. Prior to the finality of the sale, NARMA 15 may likewise match any offer made for the purchase of said properties declared pursuant to the National Cultural Heritage Act or other applicable laws.

Sec. 64. Conservation of Archival Records Declared as National Cultural

Treasures and Important Cultural Properties. - All intervention works and measures on conservation of archival records declared as National Cultural Treasures and Important Cultural Properties, including presumed cultural properties, shall be undertaken or supervised by NARMA. NARMA shall approve only those methods and materials that strictly adhere to the internationally accepted standards of conservation. ARTICLE IX INVESTIGATION, PROSECUTION, AND OFFENSES

Sec. 65. Investigation and Prosecution of Offenses. - The Director General

may investigate an alleged violation of this Act, or of a rule, regulation, or order of NARMA.

Sec. 66. Administration of Oaths, Subpoena of Witnesses and Documents. -

2 The Director General may administer oaths and affirmations, issue subpoena ad 3 testificandum and subpoena duces tecum, take testimony in any inquiry or investigation, and may perform other acts necessary to the proceedings or to the investigation.

Sec. 67. Cease and Desist Orders. - Whenever the Director General has

reasonable basis to believe that a person has violated, or is about to violate this Act, or a rule, regulation, or order of NARMA, he or she may direct such person to desist from committing the act constituting the violation. The Director General may issue a cease-and-desist order ex parte to enjoin an act or practice which is fraudulent or can be reasonably expected to cause significant, imminent, and irreparable danger or injury to public safety or welfare in relation to the purposes and objectives of this Act. The ex parte order shall be valid for a maximum period of twenty (20) days, without prejudice to the order being made permanent after due notice and hearing.

Sec. 68. Contempt. - Any person who, without justifiable cause, fails or refuses

17 to comply with any lawful order, decision, or subpoena issued by the Director General, or his/her authorized officer/s, shall, after due notice and hearing, be held in contempt and fined in an amount not exceeding thirty thousand pesos (P30,000.00). When the refusal amounts to clear and open defiance of NARMA's order, decision, or subpoena, NARMA may impose a daily fine of one thousand pesos (P1,000.00) until the order, decision, or subpoena is complied with.

Sec. 69. Administrative Fines or Sanctions. - If, after due notice and hearing,

NARMA finds that (a) there is a violation of the rules and orders issued pursuant to this Act; (b) there is obstruction or refusal to comply with NARMA's lawful directives in the implementation of this Act; or (c) there is a conduct of seminars, trainings, and lectures regarding public records disposition without authority from the Director General, it shall, in its discretion and based on the attending facts and circumstances and with regard to the gravity and willfulness of the violation, impose an administrative fine of not less than fifty thousand pesos (P50,000.00), nor more than one million pesos (P1,000,000.00), plus not more than two thousand pesos (P2,000.00) for each day of continuing violation, with legal interest.

The imposition of an administrative fine or sanction shall be without prejudice 2 to any criminal or civil liability of the offender. The Director General shall have the power to issue writs of execution to enforce 4 the provisions of this section and to enforce payment of the fees herein. The fees collected under this section shall be forwarded and remitted to the NARMA Trust Fund created under Sec. 16 of this Act.

Sec. 70. Offenses and Penalties. - The following acts are hereby deemed

unlawful and subject to the corresponding penalties: a) Willfully or negligently altering, damaging, or destroying/disposing of any public record in the possession of NARMA and other government agencies, other than in accordance with the provisions of this Act - imprisonment of no less than five (5) but no more than ten (10) years and/or a fine of no less than five hundred thousand pesos (P500,000.00) but no more than one million pesos (P1,000,000.00), at the discretion of the court; b) Transferring a public record outside of the Philippines without the express written authority of the Director General - imprisonment of no less than five (5) but no more than ten (10) years and/or a fine of no less than five hundred thousand pesos (P500,000.00) but no more than one million pesos (P1,000,000.00), at the discretion of the court; and c) Selling of public archives under the custody of NARMA, without NARMA's authority - imprisonment of no less than five (5) but no more than ten (10) years and/or a fine of no less than five hundred thousand pesos (P500,000.00) but no more than one million pesos (P1,000,000.00), at the discretion of the court; and Any public officer committing any of the unlawful acts prohibited under this Act shall be punished by an additional fine of not less than five hundred thousand pesos (P500,000.00) but not exceeding one million pesos (P1,000,000.00) and/or additional imprisonment for not less than five (5) years but not more than fifteen (15) years and/or both fine and imprisonment at the discretion of the court, without prejudice to the filing of administrative charges that would result in such public officer's perpetual

1 disqualification from public office, and forfeiture, in favor of the government, of his/her 2 salary and other lawful income. The violation of the provision of this section proven in a proper administrative 4 proceeding shall be sufficient cause for removal or dismissal of a public officer, even 5 if no criminal prosecution is instituted against him/her. A person convicted of an offense under this section may, in addition to any 7 penalty imposed for violation, be prohibited by order of the court from having access to NARMA for any period that the court deems appropriate.

Sec. 71. Competent Court. — Until otherwise provided by law, all prosecutions

under this Act shall be within the original jurisdiction of the proper Regional Trial Court.

Sec. 72. Prescription of Offenses. - All offenses punishable under this Act shall

prescribe in twenty-five (25) years.

Sec. 73. Termination of Office. - No public officer shall be allowed to resign or

retire pending an investigation, criminal or administrative, or pending a prosecution against him/her, for any offense under this Act or under the relevant provisions of the Revised Penal Code.

Sec. 74. Suspension and Loss of Benefits. - Any public officer against whom

any criminal prosecution under a valid information under this Act or under the relevant provisions of the Revised Penal Code is pending in court shall be suspended from office. Should he/she be convicted by final judgment, he/she shall lose all retirement or gratuity benefits under any law, but if he/she is acquitted, he/she shall be entitled to reinstatement and to the salaries and benefits which he/she failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him/her. ARTICLE X INSTITUTIONAL COORDINATION, ACCOUNTABILITY, AND LEGAL SAFEGUARDS

Sec. 75. Engagement with Legislative, Judicial, Constitutional Commission

Records. - The Legislative and Judicial branches of government, as well as the Constitutional Commissions, are encouraged to coordinate with the NARMA in

1 developing appropriate protocols for the preservation, transfer, or safekeeping of 2 legislative and judicial records. Such engagement shall respect the institutional 3 independence of these branches, and NARMA shall provide technical assistance or repository access upon request. Any transfer of legislative or judicial records to NARMA 5 shall be made voluntarily or pursuant to a memorandum of agreement.

Sec. 76. Records Custodian in Local Government Units. -

7 All LGUs shall designate a Records Custodian who shall be accountable for the 8 safekeeping and management of local government records in accordance with this 9 Act. The Records Custodian shall serve as the official liaison with NARMA for all matters 10 relating to archival preservation, access, transfer, and disposal of local records.

Sec. 77. Appeals and Remedies. - Any person, entity, or public officer

aggrieved by a decision, order, or imposition of fine or sanction by NARMA under this 13 Act may file a motion for reconsideration within fifteen (15) days from receipt thereof. If denied, such decision may be appealed to the Office of the President within thirty (30) days, without prejudice to the right to seek judicial remedies in accordance with the Rules of Court.

Sec. 78. Alignment with National Security and Privacy Protocols. —

18 The implementation of this Act, particularly with respect to the classification, access, or declassification of public records and archives, shall be consistent with Executive Order No. 608, s. 2007 (Establishing a National Security Clearance System), the Data Privacy Act of 2012 (Republic Act No. 10173), and other applicable laws protecting 22 sensitive, classified, or personal information. ARTICLE XI FINAL PROVISIONS

Sec. 79. Transitory Provisions. - All the assets, fixed and movable, and all

contracts, documents, and records of the National Archives of the Philippines relative to its operation are hereby transferred to NARMA. All agreements and contracts entered into by the NAP shall remain in full force and effect unless otherwise terminated, modified, or amended.

The incumbent Executive Director and Deputy Executive Directors of the 2 National Archives of the Philippines shall continue to serve in their respective capacity 3 as the Director General and Deputy Directors General of NARMA for one year after the 4 effectivity of this Act, or until the completion of their respective terms of office as 5 granted under Republic Act No. 9470, whichever is longer. Any benefits, privileges, or rank increases provided herein shall take effect only after the expiration of the term 7 of the incumbent officials of NAP, now NARMA, and shall apply exclusively to their 8 successors. The necessary plantilla positions and organizational units within NARMA, 10 including the additional positions of Deputy Directors General and Regional Directors, shall be established in coordination with the Department of Budget and Management.

Sec. 80. Appropriations. — The amount of Two Hundred Million Pesos

(P200,000,000.00) necessary to carry out the provisions of this Act shall be appropriated from funds not otherwise appropriated and are available in the National Treasury. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.

Sec. 81. Implementing Rules and Regulations. — Within ninety (90) days from

the effectivity of this Act, NARMA shall promulgate the necessary rules and regulations for the proper implementation of this Act. The Implementing Rules and Regulations (IRR) shall include, among others:

Sec. 82. Separability Clause. - Should any portion or provision of this Act be

declared unconstitutional, the same shall not affect the validity and effectivity of the other portions or provisions hereof not affected thereby.

Sec. 83. Repealing Clause. - Republic Act No. 9470, otherwise known as the

"National Archives of the Philippines Act of 2007," is hereby repealed in its entirety. All other laws, presidential decrees, executive orders, rules and regulations, circulars, or parts thereof that are inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec 84. Effectivity. - This Act shall take effect after fifteen (15) days following

the completion of its publication in the Official Gazette or in a newspaper of general circulation. Approved,