What are the Legal Mandates of LGUs on

Records and Archives Management?

LGU Mandates on Records Management

1. Establishment of an LGU archival system
2. Establishment of a records management program in the LGU
3. Management of records in all LGU offices/ departments
4. Creation of a Records Management Improvement Committee
5. Establishment of a Records Office
6. Appointment of a Records Officer
7. Compliance with legal retention period for records
8. Securing RMAO approval for disposal of valueless records
9. Safeguarding of public records

It is the responsibility of the LGU to establish a records management and archival

system for the protection and safety of public records as mandated in the:

• 1991 Local Government Code, Section 374

• DECS Order No. 13-A and 13-B, s. 1988

Annex 2 on page 7 of accompanying CD contains the full text of DECS Order No.
13-A, s. 1988- Guidelines on the Decentralized Disposal of Valueless Records in
Government Agencies. Annex 3 on page 12 of CD contains the full text of DECS
Order 13-B, s. 1988 – Rules and Regulations Governing the Coordination of Records
Management and Archives Function.

In addition, LGUs must fulfill the following key legal provisions on records and archives
management:

1. Management of records in all LGU offices/departments

The 1991 LGC mandates all LGU department heads to perform records
management functions. They provide the LCE and Sanggunian members with
vital management information contained in the records of various LGU offices.
Some of the LGU department heads include the:
 • General Services Officer
• Administrator
• Secretary to the Sanggunian
• Planning and Development Officer
• Civil Registrar
• Treasurer
• Assessor
• Accountant
• Budget Officer
• Engineer
• Legal Officer
• Information Officer
• Environment and Natural Resources Officer
• Population Officer

2. Creation of a Records Management Improvement Committee

All government offices and instrumentalities shall create a Records
Management Improvement Committee (RMIC) as an advisory body on the
improvement of all phases of records management, the Chairperson and
members of which shall be designated by the head of the agency. (Section
2.4, Article III, DECS Order No. 13-B, S. 1988)

3. Establishment of a Records Office

All government offices and instrumentalities shall establish a Records Office
for its records holdings and shall coordinate with the RMAO in planning the
office lay-out of the Records Unit. (Section 2.2, Article III, DECS Order No.
13-B, S. 1988)

Similarly, Sanggunian bodies are mandated to provide a mechanism and

appropriate funds to ensure the safety and protection of LGU property and
public documents or records such as those relating to property inventory, land
ownership, records of births, marriages, deaths, assessments, taxation,
accounts, business permit and such other records and documents of public
interest in the offices and departments of the LGU. (Section 447, 458 and
468, 1991 LGC)
4. Appointment of a Records Officer
All government offices and instrumentalities shall appoint a qualified records
officer who shall coordinate across the department lines their records
activities and shall have the responsibility and control of all the records
holdings of the agency in his or her possession and custody. (Section 2.3,
Article III, DECS Order No. 13-B, S. 1988)

In many LGUs, the General Services Officer is appointed to serve as Records

Officer. S/he shall perform archival and records management with respect to
records of offices and departments of the LGU. (Section 490, 1991 LGC)

5. Compliance with legal retention period for records

LGUs must retain public records in their care according to the prescribed
legal retention period established in a Records Disposition Schedule.
Retention period is a specific period of time established and approved by the
RMAO as the life span of files, after which a given set of files is deemed
ready for permanent storage or destruction. (Article II, DECS Order No. 13-A,
S. 1988)

6. Securing approval of the RMAO for disposal of records

Government offices shall not destroy or sell any record without having first
secured authority from the Director of the RMAO. In addition, all government
offices shall observe the General Disposition Record Schedules in
determining the disposal of their valueless records. (Article III, DECS Order
No. 13-A, S. 1988)

7. Safeguarding public records

Public employees are accountable for records in their keeping or custody.
Those who take advantage of their position to destroy, conceal, falsify or alter
a document without proper authority shall be penalized under specific
provisions of the Revised Penal Code. See Annex 4 on page 20 of
accompanying CD.