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1. Laws and regulations governing Public Records By Fe Angela M. Verzosa Fe Angela M. Verzosa What are Public Records? While most of the Public records are records information filed under that are meant to be made the category of public records are made available to the public at available free of cost large on demand. on demand, some records might be provided upon paying a nominal fee. Fe Angela M. Verzosa
2. What Do Public Records Do? • Document actions, decisions, policies and procedures • Provide legal evidence • Audit trail • For accountability • Preserve corporate memory Fe Angela M. Verzosa
Some exceptions . to making records public: o 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. o Records whose contents, if made public, couldinvade the privacy of an individual who has brokenno 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 , o and records whose disclosure would endanger the life and safety of an individual Fe Angela M. Verzosa
3. Other limitations to public access NAP General Circular No. 1 (Jan 20, 2009) Fe Angela M. Verzosa Are records available to the public?
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among other duties. or decisions. transactions. Article IV. and to documents. for policy development. Verzosa RIGHT TO INFORMATION The constitutional right to information on matters of public concern first gained recognition in the Bill of Rights. Access to official records. What factors affect public access to records?• o o o o 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. Verzosa 4. 7 of the1987 Constitution with the addition of the phrase. Verzosa . Fe Angela M. retrieve and disseminate information) o o • Poor state of recordkeeping • Strong and vigilant advocacy Fe Angela M. shall be afforded the citizen. and papers pertaining to official acts. the Constitution (Article 2 Section 28) mandates the State to adopt and implement “a policy of full disclosure of all transactions involving public interest. Fe Angela M. Sec. RIGHT TO INFORMATIONThe foregoing provision has been retained and the righttherein provided amplified in Article III. VerzosaRIGHT TO INFORMATION • In addition. subject to such limitations as may be provided by law. Fe Angela M. Access to official records. "aswell as to government research data used as basisfor policy development. Philippines 59% Thailand 56% Cambodia 44% Singapore 42% Malaysia 33% Indonesia 18% Vietnam 18% Burma 5%2001 survey on the accessibility to the public of 43 government-held records Fe Angela M.” • On top of the Constitution. transactions. 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. and to documents and papers pertaining to official acts. which states: Sec. or decisions. of the 1973 Constitution. 6. The right of the people to information on matters of public concern shall be recognized. shall be afforded the citizen subject to such limitations as may be provided by law." The new provision reads: The right of the people to information on matters of public concern shall be recognized. as well as to government research data used as basis. Verzosa 5.
maintain. local government units (LGUs). Philippine embassies. 9470 (May 2007) Fe Angela M.the Estrada had been pending in But it was not in hisimpeachment Congress for the last list of prioritytrial. all branches of government. control and regulation of record disposition. Section 2. 2007• Contains 7 Articles and 50 Sections Fe Angela M. including. but not limited to.All government agencies are required to prepare a Freedom of Information Manual that will contain details and procedures and serve as a guide. Fe Angela M. Establishing for the Purpose the National Archives of the Philippines and for other Purposes• Approved on May 21. a Congress in the 2012.controlled corporations (GOCCs).” Art.ph) • The bill asks government agencies to translate key information into major Filipino languages and present them in popular form and means. Verzosa 8. Verzosa 7. Verzosa National Archives mandate“All public records with enduring value. many of to administrationbut was never whom however. constitutional offices.• Give technical assistance to all branches of governmen t in the planning. PresidentFreedom of House again failed to Noynoy AquinoInformation bill muster a quorum to transmitted apassed third ratify the Freedom of proposedreading in the Information (FOI) bill. were coalition allies inacted upon by the not present for its the House ofSenate because of ratification. National Archives: Functions• Plan.(1998-2001). 1. substitute FreedomHouse of approved by 180 of Information billRepresentatives lawmakers. REPUBLIC ACT NO. Verzosa 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. Fe Angela M.gov. nine years. implementation and evaluation of their public records management and archives administration programs. the 14th On February 3. consulates and other Philippine offices abroad shall be transferred to a permanent government repository for proper management.The Freedom of Information billmakes the constitutional right to know and the state policy of fulldisclosure of transactions involving public interest operable. National Archives of the PhilippinesRA 9470 –An Act to Strengthen the System of Management and Administration of Archival Records. held by go vernment offices. government-owned and . RIGHT TO INFORMATION11th Congress In June 2010. 6. Fe . measures. state universities and colleges. the Official Gazette website (www. formulate and implement a records management and archival administration program …including the adoption of security measures and vital records protection program for the government. • 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 bill Representatives. operate regional archives and records centers and/or provide technical assistance to government agencies on the establishment of agency records centers.• Conduct training programs on records and archives management• Keep a registry of all public records for public inspection Establish.
at the expiration of his/her term of office or employment shall deliver to his/her successor. (3) The grounds for the prohibitions and restrictions stipulated under Sections 36 and 37 (4) The conditions agreed to under Sec. Fe Angela M. 2009) Fe . Protected Records of Local Governments. 23 hereof as to public access for protected records is transferred to the control of the executive director.Angela M. LGUs shall provide for the adequate protection and preservation of a protected record they hold. NAP General Circular No. by notice in the Official Gazette made after consultation with any local government concerned. to the National Archives of the Philippines. 1 (Jan 20. Fe Angela M. VerzosaPublic records may be classed as: NAP General Circular No. 31(g) (2) Prohibitions imposed under Sec. 23 of RA 9470. Transfer of Public Records A person having custody of public records. 36 on public access to public archives or protected records under the control of the executive director. . or if there is none. and • A public access register that contains information on: (1) Restrictions on public access to public records imposed under Sec. all public records in his/her custody. and cannot dispose it without authorization and approval. 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. Fe Angela M. Verzosa 10. 21. declare that a local government record is a protected record for purposes of this Act. What are protected records?• Sec. 1 (Jan 20. Inventory of Public Records All government offices shall be mandated to keep the following data in their respective registry: • All public records under its custody • All public records transferred to the National Archives. Verzosa National Archives: Management of Public Records (Art. Verzosa 11. 2009) Fe Angela M.(a) The executive director may. Verzosa 9. 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) yea rs + retention periods (including inactive personnel records) Fe Angela M. 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 e xecutive director of NAP before disposal or destruction of any public records. • Public records disposed of with authority • Data of deferred transfer under Sec. VerzosaTransfer 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.
NAP General Circular No.com Fe Angela M.audited and finally settled. 2 (Jan 20. and enduring archival value Fe Angela M. 2 (Jan 20. Verzosa Disposal of Public Records• NAP General Circular No. which permitted the person referred in the opinion of the to in the immediately executive director are or preceding subsection to retain likely to be of permanent possession of the record.8Do not dispose financialrecords subject of audit until they are post. 2009) Fe Angela M.Angela M. 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 Fe Angela M. in the possession of a private person who has special permission to keep and Except if the head of the handle records in the course government office has of his official duties. 2009) provides guide lines on the disposal of valueless records in government agencies. 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. VerzosaQuestions? famverzosa@yahoo. Transfer of Public Records Public records shall be surrendered on demand: Public records. General rules 3. Verzosa . Verzosa 13. Verzosa Registry of Deferred Transfers• Public records whose disposition are under or part of specific acts. Verzosa 12. Fe Angela M.