Published — May 16, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading this article about ADMINISTRATION OF PUBLIC ARCHIVES, read also: TRANSFER OF PUBLIC RECORDS
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Public Archives refer to public records that are under the custody and control of the executive director of the National Archives of the Philippines
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Heads of the controlling government office shall classify the records as either open access records or restricted access records
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Accessing or replicating a public archive or protected record shall be deemed prohibited
What are Public Archives?
The law says:
Public Archives refer to records that are under the custody and control of the executive director of the National Archives of the Philippines.
When public records have been in existence for thirty (30) years or more are about to be transferred to the custody and control of the executive director of the National Archives of the Philippines, the head of the controlling government office shall classify the records as either open access records or restricted access records. The head of the said controlling government office, may, at any time, change the classification of a public record.
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. If there are no good reasons to restrict public access, 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. 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 which has possession of the open access record.
On the other hand, if there are good reasons for restricting public access, 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 executive director, determine the necessity to restrict public access to the public record for a specified period of time or permit such public access with conditions.
A restriction on public access to a public record shall be noted in the Public Access Registry. Take note that a public record subject to a restriction becomes an open access record on the withdrawal of the restriction.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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