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The document outlines the legal framework for electronic records management in the Philippines, highlighting key laws such as the Electronic Commerce Act, Data Privacy Act, and the National Archives of the Philippines Act. It details processes for handling documents, programs for training and policy rollout, and identifies both internal and external stakeholders involved in records management. The references provide sources for further information on these laws and policies.

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James Coloma
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1 views

context mapping

The document outlines the legal framework for electronic records management in the Philippines, highlighting key laws such as the Electronic Commerce Act, Data Privacy Act, and the National Archives of the Philippines Act. It details processes for handling documents, programs for training and policy rollout, and identifies both internal and external stakeholders involved in records management. The references provide sources for further information on these laws and policies.

Uploaded by

James Coloma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LEGAL CONTEXT/BACKGROUND (IN PH CONTEXT)

The following are the laws that impact the creation of electronic records management system
in the Philippines:

 Electronic Commerce Act (Republic Act No. 8792)


Enacted in 2000, RA 8792 (the “E-Commerce Act”) is one of the earliest laws in the
Philippines that recognized the legal validity of electronic documents. Under RA 8792,
electronically generated records, signatures, and messages may be treated as functional
equivalents of paper-based records, provided they meet the requirements of integrity,
authenticity, and reliability. Section 7 of RA 8792, in particular, ensures the admissibility
and legal recognition of electronic documents in transactions. (Respicio & Co., 2024)
 Data Privacy Act (Republic Act No. 10173)
RA 10173, known as the Data Privacy Act of 2012, imposes obligations on entities or
individuals who control or process personal data, including implementing adequate
security measures to protect sensitive personal information stored in electronic
systems. (Respicio & Co., 2024)
 National Archives of the Philippines (NAP) Act of 2007 (Republic Act No. 9470)
This act aims to strengthen the management and administration of archival records by
establishing the National Archives of the Philippines (NAP). It mandates all government
offices to conduct regular inventories of their records, including electronic records, and
to maintain a registry containing data on records custody, transfers, disposals, and
access restrictions. The NAP is authorized to conduct periodic inspections of records
holdings to ensure compliance with established standards. (Congress of the Philippines -
Thirteenth Congress, 2007)
 NAP Memorandum Circular No. 2104-01 - Electronic Records Management Policy
Provides the general guidelines from the creation and capture; storage and
maintenance; access and use; up to the disposition of electronic records of all
government offices. (National Archives of the Philippines, 2021)
PROCESSES

 Request for Certification/Certified Photocopy of Documents/Revenue Issuances


 Numbering and Recording of Revenue Issuance/Revenue Travel Assignment
Order/Revenue Special Order
 Numbering and Recording of Confidential Information (CI) filed by Tax Informer at the
National Office
 Numbering and Recording of Confidential Information (CI) filed by Tax Informer at the
Revenue Regional Office
 Receiving and Processing of Tax Docket/Document

PROGRAMS AND ACTIVITIES

 Electronic Records Management Policy (ERMP) Rollout


 ACAD TECH Electronic Records Management Training by NAP
 Philippine Records Management Association, Inc. (PRMA) Seminar-Workshops
 Electronic Records Management Training Courses

STAKEHOLDERS/ACTORS

Internal Stakeholders/Actors

 Records Management Improvement Committee (RMIC)


 Division Chief of the Records Management Division (RMD)
 Assistant Chief of RMD
 Section Chiefs of RMD
 Records Officers
 Security Management Division (SMD) and staff members
 Systems Development Division (SDD) and staff members

External Stakeholders/Actors

 National Archives of the Philippines


REFERENCES
Congress of the Philippines - Thirteenth Congress. (2007, May 21). AN ACT TO STRENGTHEN THE
SYSTEM OF MANAGEMENT AND ADMINISTRATION OF ARCHIVAL RECORDS,
ESTABLISHING FOR THE PURPOSE THE NATIONAL ARCHIVES OF THE PHILIPPINES, AND
FOR OTHER PURPOSES. Retrieved from https://lawphil.net/:
https://lawphil.net/statutes/repacts/ra2007/ra_9470_2007.html

National Archives of the Philippines. (2021, April 21). Electronic Records Management Policy.
Retrieved from https://nationalarchives.gov.ph/: https://nationalarchives.gov.ph/wp-
content/uploads/2021/08/ERM-Policy_1628243555.pdf

Respicio & Co. (2024, December 23). Legal Considerations on Digital File Tracking and Retrieval
in the Philippines. Retrieved from https://www.respicio.ph/:
https://www.respicio.ph/dear-attorney/legal-considerations-on-digital-file-tracking-
and-retrieval-in-the-philippines

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