Law Summary: NAP General Circular No. 01-09

The NAP General Circular No. 01-09 provides comprehensive guidelines for the management of public records and archives administration, as mandated by RA 9470, also known as the National Archives of the Philippines Act of 2007. These rules and regulations are aimed at ensuring the proper handling, preservation, and disposition of public records by all government agencies, including local government units, government-owned and controlled corporations, and other public offices.

The circular mandates that all government agencies establish a Records and Archives Management Program. This program should be active and continuous, focusing on efficient and economical methods for creating, utilizing, maintaining, retaining, preserving, and disposing of public records. Each agency is required to establish a records and archives office/unit, appoint a qualified Records Officer, and develop a Records Management Manual that outlines standard operating procedures and policies on records management activities.

In terms of records creation, each agency must implement an integrated program for creating necessary records and copies, ensuring efficiency and economy. Agencies are also required to maintain a logbook to record all final official acts, decisions, transactions, or contracts in chronological order. The National Archives of the Philippines (NAP) will provide assistance in classifying issuances and developing sub-classifications and guidelines to meet specific needs.

The circular also addresses records maintenance and control, stipulating that each agency must develop a File Classification Guide for a uniform filing system, establish retention codes, and ensure the proper utilization of filing equipment and floor space. Confidential records must be kept separately in secured file containers. Additionally, each agency is responsible for the periodic review and transfer of non-current/inactive public records to the Records Center Division, NAP, or the agency's storage area, in accordance with approved Records Disposition Schedules.

Penal provisions are outlined for individuals or public officers who willfully or negligently damage, dispose of, or destroy public records in violation of RA 9470. Offenders may be subject to fines, imprisonment, and administrative charges, including perpetual disqualification from public office and forfeiture of salary and other lawful income.

Finally, the circular emphasizes the importance of transparency and access to public information while also establishing limitations on access for reasons of national defense, individual safety, established privilege, and other specified conditions. It also provides guidelines on the confidentiality of records, the disposal of transferred public records, and the transfer of records to archives for permanent preservation and public access.