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This page features the full text of
Republic Act No. 7355
"Manlilikha
ng Bayan Act"
AN
ACT PROVIDING FOR THE RECOGNITION OF NATIONAL LIVING TREASURES,
OTHERWISE
KNOWN AS THE MANLILIKHA NG BAYAN, AND THE PROMOTION AND DEVELOPMENT OF
TRADITIONAL FOLK ARTS, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 7355AN
ACT PROVIDING FOR THE RECOGNITION OF NATIONAL LIVING TREASURES,
OTHERWISE
KNOWN AS THE MANLILIKHA NG BAYAN, AND THE PROMOTION AND DEVELOPMENT OF
TRADITIONAL FOLK ARTS, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
Section
1. Title. — This Act shall be
known as the "Manlilikha ng Bayan Act."
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Sec.
2. Policy and Objectives. — It
is hereby declared to be the policy of the State to preserve and
promote
its traditional folk arts whether visual, performing, or literary, for
their cultural value, and to honor and support traditional folk artists
for their contribution to the national heritage by ensuring that the
artistic
skills which they have painstakingly cultivated and preserved are
encouraged
and passed on to future generations of Filipinos. chanrobles virtuallaw libraryred
The
objectives of this Act shall be as follows:
(a) to
acknowledge the importance of traditional folk artist as singular
conduit
between skills of the past and the future; chanrobles virtuallaw libraryred(b) to
revitalize a community's artistic tradition thereby protecting a
valuable
facet of Philippine culture;
(c) to
provide mechanisms for identifying and assisting qualified traditional
folk artists to transfer their skills to the community; and chanrobles virtuallaw libraryred
(d) to
create opportunities for popularizing their works locally and
internationally.
Sec.
3. Definition of Terms. — For
the purpose of this Act, Manlilikha ng Bayan shall mean a citizen or a
group of citizens engaged in any traditional art uniquely Filipino,
whose
distinctive skills have reached such a high level of technical and
artistic
excellence and have been passed on to and widely practiced by the
present
generations in his/her community with the same degree of technical and
artistic competence.
chanrobles virtuallaw libraryred
"Traditional
Folk Art" refers to expressions of distinctiveness and artistic quality
created to serve a decorative and/or utilitarian or sociocultural
functions
of traditional folk artists commonly known for such works. chanrobles virtuallaw libraryred
Sec.
4. Criteria and Qualifications.
— To become a Manlilikha ng Bayan, the candidate must satisfy the
following
minimum criteria;
(a) Technical
and creative skill — The candidate must possess a mastery of the tools
and materials needed by the art, and must have an established
reputation
in the art as master and maker of works of extraordinary technical
quality;chanrobles virtuallaw libraryred(b) Artistic
quality — The work of the candidate must be outstanding aesthetically,
and he/she must have consistently produced over a significant period,
works
of superior quality;
(c) Community
tradition — The candidate must have transferred and/or willing to
transfer
to other members of the community, skills in the folk art for which the
community has become nationally known;
(d) Folk
art tradition — The candidate must have engaged in a folk art tradition
that has been in existence and documented for at least fifty (50)
years;
and chanrobles virtuallaw libraryred
(e) Character
and integrity — As a precious treasure of the county, the candidate
must
command the respect and admiration of the country for his character and
integrity.
The
implementing agency may require additional criteria and qualifications
in pursuance of the purposes of this Act.chanrobles virtual law library
Sec.
5. Award and other Incentives.
— The award given to the Manlilikha ng Bayan shall be called Gawad sa
Manlilikha
ng Bayan.chanrobles virtual law library
In
addition, the following shall be enjoyed:
(a) Plaque/Medal
— The awardee shall each receive a commemorative plaque and/or medal, a
duplicate set of which is to be donated to and permanently displayed in
the pertinent provincial museum or largest cultural center in order to
broaden community awareness of the significance of our traditional folk
arts and to accord them the recognition they richly deserve; chanrobles virtuallaw libraryred(b) An
initial grant of One hundred thousand pesos (P100,000.00) and Ten
thousand
Pesos (P10,000.00) a month thereafter for life, shall be given, unless
the Commission after due hearing finds good reason to discontinue the
grant
arising from violations of pertinent terms and conditions herein
stated. chanrobles virtuallaw libraryred This
grant may be increased whenever circumstances so warrant provided that
the increase shall not be given retroactive effect; (c) Documentation
— All surviving samples of works by the awardee shall be catalogued and
photographed, and his/her work methods and tools shall likewise be
documented;
(d) A
vocational course using materials, tools, methods, and designs of the
awardee
may be offered at the nearest arts and trades school through the
cooperative
efforts of the Department of Trade and Industry, the Department of
Education,
Culture and Sports, and private foundation and/or private corporation,
to effect the transfer of his/her skills and the preservation of folk
art
tradition; chanrobles virtuallaw libraryred
(e) A
feasibility study of converting the awardee's art into a specialized
cottage
industry in the awardee's province, preferably in the recipient's
barangay
or town, may be undertaken by the Department of Trade and Industry in
collaboration
with private investors; and
(f) The
recipient shall be invited to Manila-based and regional cultural events
that salute the importance of traditional folk arts in the Filipino
cultural
heritage;
Sec.
6. Duties and Responsibilities
of Awardees. — The Manlilikha ng Bayan is a link between the past, in
which
his/her traditional folk art found fertile soil for growth, and the
future,
during which he/she seeks his/her art to be permanently sustained. It
becomes
his/her responsibility therefore to undertake the following:
(a) to
transfer the skills of his/her traditional folk art to the younger
generation
through apprenticeship and such other training methods as are found to
be effective; chanrobles virtuallaw libraryred(b) to
cooperate with the implementing agency, as provided for in Section 7 of
this Act, in the promotion and propagation of his/her traditional folk
arts; and chanrobles virtuallaw libraryred
(c) to
donate to the National Museum a sample or copy of his/her work.
Sec.
7. Implementing Agency. — The
Presidential Commission on Culture and Arts, created under Executive
Order
No. 118, dated January 30, 1987, shall develop and adopt a program to
effectuate
the provisions of this Act and promulgate such rules, regulations and
criteria
that will govern the selection of the Manlilikha ng Bayan.chanrobles virtual law library
chanrobles virtuallaw libraryred
For
purposes of this Act, the Commission shall have the following powers
and
functions:
(a) to
constitute and appoint panels of experts including, but not limited to,
the nominees of the Office of Muslim Affairs, Office for Southern
Cultural
Communities and Office for Northern Cultural Communities in each of the
traditional folk arts categories to assist the Commission in a thorough
search for and fair selection of the awardee; such categories of
traditional
folk arts shall include but will not be limited to the following:
weaving,
wood carving, metal-working, jewelry-making, embroidery,
furniture-making
using indigenous materials, dance, song, instrumental folk music, folk
literature, drama, boat-making, pottery-making and other indigenous
technology
and architecture such as rice terracing; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) to
increase the monetary grant whenever circumstances so warrant provided
that the increase shall not be given retroactive effect;
(c) to
design, monitor and evaluate appropriate programs that shall ensure
that
the Manlilikha ng Bayan transfers his/her skills to others, and to
coordinate
with pertinent agencies, public and private, for program
implementation;
(d) to
undertake measures that shall protect the intellectual/cultural
property
rights of the awardees;
(e) to
promote the widest utilization and improvement of the awardees' design
and patterns as well as their materials, tools an techniques in
coordination
with pertinent agencies, public and private; chanrobles virtuallaw libraryred
(f) to
undertake information dissemination programs intended to broaden
community
awareness of and instill pride in the achievements of the Manlilikha ng
Bayan;
(g) to
facilitate or undertake activities, public and private in coordination
with the Department of Trade and Industry, the Department of Science
and
Technology, and the Department of Tourism, that shall make the efforts
of the awardees not only aesthetically rewarding but also economically
profitable; and
(h) to
generate funds from the Government and the private sector for the
implementation
of the provisions of this Act.
Sec.
8. Appropriations. — The amount
necessary to carry out the provisions of this Act shall be included in
the General Appropriations Act of the year following its enactment into
law and thereafter.chanrobles virtual law library
chanrobles virtuallaw libraryred
Sec.
9. Tax Privileges. — Pursuant
to the existing provisions under the National Internal Revenue Code
(NIRC),
as amended, and the Tariff and Customs Code of the Philippines (TCCP),
as amended, any gifts or donations which shall be made to or for the
use
of the Philippine Commission on Culture and Arts, exclusively for the
Manlilikha
ng Bayan, shall be entitled to the following privileges;
(a) Exemption
from donor's tax pursuant to Section 94(a)(3) of the NIRC, as
amended; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) Deductibility
of donations from the donor's gross income for purposes of computing
taxable
income in accordance with Section 29 (h) of the NIRC, as amended; and
(c)Exemption
from taxes and duties of donations from foreign countries subject to
the
provisions of Section 105 of the TCCP, as amended, and Section 103 of
the
NIRC, as amended.
Sec.
10. Repealing Clause. — All laws,
issuances, decrees, or any part or parts thereof inconsistent with the
provisions of this Act are deemed amended or repealed accordingly.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Sec.
11. Effectivity Clause. — This
Act shall take effect fifteen (15) days after publication in the
Official
Gazette or in a newspaper of general circulation.
Approved:
April
3, 1992
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