Friday, April 4, 2025

Risk and Consequences in Non Compliance with Republic Act No. 9470

Non-compliance with Republic Act No. 9470, also known as the National Archives of the Philippines Act of 2007, poses significant legal, operational, and reputational risks to government agencies, local government units (LGUs), and other public offices.


RA 9470 mandates the proper management, preservation, and disposal of public records to ensure transparency, accountability, and the protection of the nation's documentary heritage. Failure to adhere to the standards and regulations set by the National Archives of the Philippines (NAP) may result in the following consequences:
1. Administrative Sanctions – Responsible officers may face disciplinary action for failure to comply with established records and archives management policies, including the unauthorized destruction of public records or failure to submit records to the NAP for appraisal and safekeeping.
2. Fines and Penalties – Under RA 9470, violators may be subjected to fines ranging from ₱300,000 to ₱500,000 and/or imprisonment of up to five (5) years, at the discretion of the court, depending on the severity of the offense.
3. Legal Liability – Non-compliance may expose the agency or office to further legal scrutiny and action, particularly in cases involving the loss, alteration, or destruction of records relevant to public interest, audits, or legal proceedings.
4. Operational Risks – Poor records management can lead to data loss, hinder decision-making processes, delay services, and compromise organizational efficiency.
5. Reputational Damage – Breaches in compliance may erode public trust, damage institutional credibility, and affect the agency’s standing with oversight bodies.
All concerned entities are therefore strongly urged to comply with RA 9470 by implementing sound records management practices, designating Records Officers, and coordinating regularly with the National Archives of the Philippines for proper records appraisal, retention, and disposition.
For guidance, visit the official website of the National Archives of the Philippines or contact their office directly.

Risk and Mitigation Table :




Operational Risk in Records Management Implementation




Opportunities and Recommendations:
  • Transition to a Digital Management System (DMS) to comply with NAP Circulars on electronic records management.

  • Standardize records formats and retention schedules to align with the Records Disposition Schedule (RDS) and General Records Schedule (GRS) of NAP.

  • Train staff on NAP-aligned filing, classification, and archiving systems for both digital and essential hard copy records.

  • Coordinate with the Records and Archives Division to ensure all digitized records follow metadata tagging and access control protocols.


Conclusion:
The continued practice of mass printing routed documents poses high risks in terms of compliance, efficiency, and sustainability. Implementing a NAP-compliant digital documentation system like the current DMS reduces these risks while improving access, accountability, and long-term institutional resilience.

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