Law Summary: IRR-RA 9470

The Implementing Rules and Regulations (IRR) of Republic Act No. 9470, also known as the National Archives of the Philippines Act of 2007, establish the framework for the management, preservation, and accessibility of public records in the Philippines. The IRR outlines the responsibilities of the National Archives of the Philippines (NAP) and other government agencies in ensuring the proper handling of public records.

The IRR mandates the establishment of the National Archives of the Philippines, which is tasked with storing, preserving, conserving, and making public archives available for public use. The NAP is attached to the National Commission for Culture and the Arts (NCCA) for budgetary purposes. The NAP is responsible for implementing the objectives of RA 9470, including the development and enforcement of policies, rules, and regulations governing the creation, protection, use, storage, and disposition of public records.

The IRR specifies the functions of the NAP, which include conducting archival research, acquiring a permanent building for archival holdings, implementing a records management program, providing technical assistance to government branches, conducting training programs, acquiring public and private records of archival value, and ensuring the preservation of archival resources. The NAP is also tasked with maintaining a registry of all public records under its custody and control, which is made available for public inspection.

The IRR outlines the duties of public officials and employees concerning public records, including the responsibility to document public transactions, protect public records, and cooperate with the NAP in maintaining an efficient records management program. It also prohibits the unauthorized destruction or disposal of public records without the NAP's authorization.

The IRR includes provisions for the transfer of public records to the NAP, the establishment of records disposition schedules, and the classification of records as open or restricted access. It also provides for the recovery of unlawfully removed records and the establishment of regional archives and records centers. The IRR emphasizes the importance of preserving public records as fundamental instruments for governance and as essential tools for preserving the country's history and cultural memory.