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3) Management Support and Policies
There must be a continuous management support, such as funding for the maintenance
of facilities, and establishment of policies designed for the protection and safety of our
records.
MEASURES ADOPTED BY THE GOVERNMENT TO SAFEGUARD RECORDS
Section 633 of the Revised Administrative Code states that employees who are in charge
of files shall be accountable and responsible for their safekeeping.
Article 171 of the Revised Penal Code provides for the penalty of prison mayor (8 to 14 years)
and a fine of not to exceed P5,000.00 shall be imposed any public officer, employee, notary public
or ecclesiastical minister who is taking advantage of his position, shall falsify a document by
committing any of the following:
Counterfeiting or imitating any handwriting or signature of any person in any record or
document;
Causing it to appear that persons have participated in any act or proceeding when they
did not really participate;
Attributing to persons who have participated in an act or proceedings statement other than
those in fact made by them;
Making untruthful statements in narration of facts;
Altering true dates in certain documents or records;
Making any alteration or intercalation in a genuine document which changes its true
meaning;
Issuing an authenticated form a document purporting to be a true copy of an original
document when no such document originally exists, or including such copy a statement
contrary to or different from that of the original; and
Interpolating any instrument or note relative to the issuance thereof in a protocol, registry
or official book.
The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the
aforementioned offences of this article, with respect to any record or document of such character
that its falsification may affect the civil status of a person.
Article 226. Revised Penal Code speaks of the unauthorized removal, concealment or destruction
of records and documents. Any public officer who shall remove, destroy or conceal any records
or documents or papers entrusted to him without any authority, shall suffer the following penalties:
The penalty of prison mayor (8 to 14 years) and fine of not exceeding P1000.00 whenever
a serious damage shall have been caused thereby to a third party or the public interest;
The penalty of prison correctional (6 mos. To 2 years) in its minimum period and fine
exceeding P 1000.00 shall be imposed whenever the damage caused a third party or
public interest shall not be serious.
In either case, the additional penalty of temporary disqualification in the government
service to a maximum period of special disqualification shall be imposed.
In order to convict a certain person under this case, the following elements are required:
That the offender must a public officer;
That he abstracts, destroys or conceals a document or records;