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This page features the full text of
Republic Act No. 7356
"Law
Creating the National Commission for Culture and the Arts"
AN
ACT CREATING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS,
ESTABLISHING
A NATIONAL ENDOWMENT FUND FOR CULTURE AND THE ARTS, AND FOR OTHER
PURPOSES.
REPUBLIC
ACT NO. 7356AN
ACT CREATING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS,
ESTABLISHING
A NATIONAL ENDOWMENT FUND FOR CULTURE AND THE ARTS, AND FOR OTHER
PURPOSES.
Section
1. Title. — This Act shall be
known at the "Law Creating the National Commission for Culture and
the
Arts."
TITLE
I
DECLARATION
OF PRINCIPLES
Sec.
2. Culture as a Human Right.
— Culture is a manifestation of the freedom of belief and of expression
and is a human right to be accorded due respect and allowed to
flourish. chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Sec.
3. National Identity. — Culture
reflects and shapes values, beliefs, aspirations, thereby defining a
people's
national identity. A Filipino national culture that mirrors and shapes
Philippine economic, social and political life shall be evolved,
promoted
and conserved.
Sec.
4. Culture of the People. — The
Filipino national culture shall be: a) independent, free of political
and
economic structures which inhibit cultural sovereignty; b) equitable,
effectively
creating and distributing cultural opportunities and correcting the
imbalance
that has long prejudiced the poor and other marginalized sector who
have
the least opportunities for cultural development and educational
growth;
c) dynamic, continuously developing in pace with scientific,
technological,
social, economic and political changes both in national and
international
levels; d) progressive, developing the vast potential of all Filipinos
as responsible change agents of society; and (e) humanistic, ensuring
the
freedom and creativity of the human spirit. chanrobles virtuallaw libraryred
Sec.
5. Culture by the People. — The
Filipino national culture shall be evolved and developed by the people
themselves in a climate of freedom and responsibility.cralaw:red
National
cultural policies and programs shall be formulated which shall be: a)
pluralistic,
fostering deep respect for the cultural identity of each locality,
region
of ethno-linguistic locality, as well as elements assimilated from
other
cultures through the natural process of acculturation; b) democratic,
encouraging
and supporting the participation of the vast masses of our people in
its
programs and projects; c) non-partisan, open to all people and
institution,
regardless of creed, affiliation, ideology, ethnic origin, age, gender
or class, with no organized group or sector having monopoly of its
services,
and d) liberative, having concern for the decolonization and
emancipation
of the Filipino psyche in order to ensure the full flowering of
Filipino
culture. chanrobles virtuallaw libraryred
Sec.
6. Culture for the People. —
The creation of artistic and cultural products shall be promoted and
disseminated
to the greatest number of our people. The level of consciousness of our
people about our own cultural values in order to strengthen our culture
and to instill nationhood and cultural unity, shall be raised formally
through the educational system and informally through extra-scholastic
means, including the use of traditional as well as modern media of
communication.
Sec.
7. Preservation of the Filipino
Heritage. — It is the duty of every citizen to preserve and conserve
the
Filipino historical and cultural heritage and resources. The retrieval
and conservation of artifacts of Filipino culture and history shall be
vigorously pursued.cralaw:red
TITLE
II
ORGANIZATION
OF THE NATIONAL COMMISSION FOR
CULTURE AND ARTS AND THE ESTABLISHMENT OF THE NATIONAL ENDOWMENT
FUND
Sec.
8. The Commission. — A National
Commission for Culture and Arts is hereby created to formulate policies
for the development of culture and arts, implement these policies in
coordination
with affiliated cultural agencies; administer the National Endowment
Fund
for Culture and Arts (NEFCA); encourage artistic creation within a
climate
of artistic freedom; develop and promote the Filipino national culture
and arts; and preserve Filipino cultural heritage. The Commission shall
be an independent agency. It shall render an annual report of its
activities
and achievements to the President and to Congress.chanrobles virtual law library
chanrobles virtuallaw libraryred
Sec.
9. Composition. — The Commission
shall be composed of the following members;
(a) the
Undersecretary of the Department of Education, Culture and Sports; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) the
Undersecretary of the Department of Tourism;
(c) the
Chairman of the House Committee on Culture;
(d) the
Chairman of the Senate Committee on Culture; chanrobles virtuallaw libraryred
(e) the
President of the Cultural Center of the Philippines;
(f) the
Executive Director of the National Historical Institute;
(g) the
Director of the National Museum;
(h) the
Director of the National Library;
(i) the
Director of the Institute of Philippine Languages;
(j) the
Director of the Records Management and Archives Office; chanrobles virtuallaw libraryred
(k) the
Executive Director of the Commission;
(l) the
Head of the Subcommission on Cultural Communities and Traditional
Arts;
(m) three
(3) representatives from the private sector who shall be the elected
heads
of the three (3) Subcommission identified hereunder, namely: the
Subcommission
on Cultural Heritage, the Subcommission on the Arts and the
Subcommission
on Cultural Dissemination. They shall be elected by the chairpersons of
the national committees under their respective Subcommissions.
The
Chairman of the Commission shall be elected by the members from among
themselves.chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Sec.
10. Term of Office and Compensation.
— The non-ex-officio members of the Commission shall serve for a term
of
three (3) years, and shall not serve for more than two (2) successive
terms.
Non-ex-officio members shall each receive a per diem of One thousand
pesos
(P1,000.00) for actual attendance in the meetings of the Commission,
but
not to exceed Five thousand pesos (P5,000.00) a month, and shall be
reimbursed
travel expenses incurred for actual attendance of meetings.
Ex
officio members of the Commission shall receive representation and
travel
allowances (RATA) in accordance with rates recommended by the
Department
of Budget and Management.cralaw:red
Sec.
11. Memberships Restrictions.
— During his/her term as member of the Commission, a Commissioner shall
not be eligible for any grant or such other financial aid from the
Commission
as an individual; Provided, however, That he/she may compete for grants
and awards on the same level as other artists one (1) year after
his/her
shall have expired.cralaw:red
Sec.
12. Mandate. — The Commission
is hereby mandated to formulate and implement policies and plans in
accordance
with the principles stated in Title 1 of this Act.cralaw:red
(a) To
encourage the continuing and balanced development of a pluralistic
culture
by the people themselves, it shall; (1) encourage
and ensure the exercise of the freedom of expression by eliminating all
forms of censorships inimical to cultural and artistic growth and
development
without prejudice to the rights of other people to develop their own
culture,
or to the enhancement of a genuinely Filipino culture; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(2) extend
financial and economic assistance such as subsidies, artist funds and
social
security to promote cultural development and protect artists and
cultural
workers;
(3) ensure
the decentralization of opportunities for creative expression through
the
establishment of local culture and art centers in various regions, with
resources needed for artistic cultural activities; chanrobles virtuallaw libraryred
(4) extend
recognition of artistic achievement through awards, grants and services
to artists and cultural groups which contribute significantly in the
Filipino's
cultural legacy;
(5) promote
the interests and welfare of artists and cultural workers by protecting
their rights to intellectual and artistic properties as well as by
associations
which shall promote and protect the economic and moral rights of
artists
over the country;
(6) encourage
and support research into Philippine artistic traditions which may be
adopted
for the creation of contemporary forms;
(7) adopt
measures and recommend legislations to protect the intellectual and
artistic
rights and properties of Filipino artists, cultural workers and other
matters
concerning culture and arts; chanrobles virtuallaw libraryred
(8) explore
and adopt the best possible structure of relationship between the
public
and private sector at the local level, taking into account varying
socio-cultural
situations.
(b) To
conserve and promote the nation's historical and cultural heritage, it
shall; (1) support,
monitor and systematize the retrieval and conservation of artifacts of
Filipino culture and history and all Filipino cultural treasures from
all
over the archipelago and other countries;chanrobles virtuallaw libraryred(2) encourage
and support the study, recognition and preservation of endangered human
cultural resources such as weavers, chanters, dancers, and other
craftsmen
as well as the conservation and development of such artistic,
linguistic
and occupational skills as are threatened with extinction;
(3) support
and promote the establishment and preservation of cultural and
historical
monuments, markers, names and sites; chanrobles virtuallaw libraryred
(4) encourage
and support the establishment and/or maintenance all over the country
of
museums, libraries, archives, private or public, as repositories,
respectively
of all cultural/historical artifacts and artistic creation, printed
works,
archival records and all other materials indispensable to the study and
evaluation of Filipino culture and history;
(5) encourage
the private sector to establish and maintain private museums and
libraries;
(6) encourage
and support scholarly research into and documentation of Philippine
cultural
traditions, arts and crafts, as well as significant cultural movements,
achievements and personalities especially in the literary, visual and
performing
arts; and in mass media, as well as the various aspects of Filipino
culture;
(7) encourage
and support the writing of Philippine history from the Filipino
perspective;
(8) encourage,
support and systematize the audio-visual documentation of Filipino
cultural
expressions in the contemporary period.chanrobles virtuallaw libraryred
(c) To
ensure the wildest dissemination of artistic and cultural products
among
the greatest number across the country and overseas for their
appreciation
and enjoyment, it shall, with the cooperation of the Departments of
Education,
Culture and Sports, Tourism, Interior and Local Government, Foreign
Affairs
and all other concerned agencies, public and private: (1) cause
to be established and developed an intensified arts education program
at
all levels of the educational system, public and private, to ensure
meaningful
arts integration across the school curriculum; chanrobles virtuallaw libraryred(2) encourage
and support programs through publication, exhibition, production,
performance,
staging, and reproduction of original Filipino creations;
(3) coordinate
and provide technical and/or financial assistance for cultural events
and
related activities such as cultural festivals, competitions, lecturers,
seminars, from and symposia; chanrobles virtuallaw libraryred
(4) encourage
and monitor a comprehensive translation program which shall make works
by Filipinos and selected foreign classics equally accessible to
Filipino
as well as international readers;
(5) promote
the popularization of information about artistic and cultural
achievements
and programs, in coordination with government agencies and
non-government
organizations and institutions;
(6) reorient
tourism programs to become an instrument for popular education of our
people
and other about the best of our heritage and creativity; chanrobles virtuallaw libraryred
(7) undertake
a systematic collection of statistical and other data which reflects
the
state of cultural conditions in the country, to serve as essential
quantitative
and qualitative basis for formulating cultural policies;
(8) create
and support a sustained program of international cultural exchange,
scholarships,
travel grants and other forms of assistance;
(9) promulgate
standards and guidelines for the protection and promotion of Filipino
artists,
cultural workers and creative works in other countries; chanrobles virtuallaw libraryred
(10) encourage
and support the continuous training of cultural workers and
administrators
by qualified trainors.
(d) To
preserve and integrate traditional culture and its various creative
expressions
as a dynamic part of the national cultural mainstream, it shall; (1) help
set up or encourage, monitor and subsidize companion systems at the
regional,
provincial and local levels, intended to develop traditional cultures
such
as arts/crafts centers, preferably in community settings apart from the
usual museum settings, where exponents of living and crafts can
practice
and teach their art an enrich contemporary designs; chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(2) encourage
and subsidize cultural research and the retrieval of cultural research
information (e.g. folklore, dance, music, crafts) through the training
of students, teachers, and cultural researchers, and their
revitalization
by practice and performance;
(3) ensure
that the ultimate beneficiaries of all research efforts, tourism
programs
and other activities affecting cultural communities are the people and
cultural communities that are the subject of research, and that their
cultures
are nurtured rather than violated, damaged, or exploited; chanrobles virtuallaw libraryred
(4) ensure
that relevant information is made available to legislators who
introduce
laws with cultural implication;
(5) encourage
and support the continuous training of cultural workers and
administrators
by qualified trainors.
(e) To
ensure that standards of excellence are pursued in programs and
activities
implementing policies herein stated, it shall encourage and support
continuing
discussion and debate, through symposia, workshops, publications, etc.,
on the highest norms available in the matrix of Philippine
culture.chanrobles virtual law library
Sec.
13. Powers and Functions. — To
carry out its mandate, the Commission shall exercise the following
powers
and functions:
(a) encourage
and facilitate the organization of a network of regional and local
councils
for culture and the arts, hereunder described, to ensure a broad
nationwide,
people-based participation in the formulation of plans, the enforcement
of culture-related laws and regulations, the implementation of
programs/projects
and the review of funding requirements. chanrobles virtuallaw libraryredchanrobles virtuallaw libraryred(b) establish
a secretariat under an Executive Director for the administrative and
day-to
day operations of the Commission;
(c) set
up a system of networking and coordination with and among all existing
government cultural agencies for the effective implementation of
programs
and activities;
(d) create
committees and other mechanisms to help expedite the implementation of
plans and strategies;
(e) call
upon and coordinate with other government and non-government art and
cultural
institutions and agencies for assistance in any form;
(f) generate
resources, both from the Government and private sectors, local,
national
and international, for its operation, as well as for the National
Endowment
Fund for Culture and Arts; chanrobles virtuallaw libraryred
(g) receive
and accept donations and other conveyances including funds, materials,
and services, by gratuitous title;
(h) administer
the National Endowment Fund for Culture and Arts and give grants for
the
development, protection, preservation and dissemination of Philippine
culture
and arts, and designate a comptroller;
(i) prepare
an annual budget of the Commission and submit the same to the President
for inclusion in the annual General Appropriations Act;
(j) advise
the President on matters pertaining to culture and the arts, including
the creation of a special decoration or award, for persons who have
significantly
contributed to the development and promotion of Philippine culture and
arts;
(k) promulgate
rules, regulations and undertake any and all measures as may be
necessary
to implement this Act;
(i) regulate
activities inimical to preservation/conservation of national cultural
heritage/properties.
Sec.
14. The Secretariat. — The Commission
shall organize a secretariat headed by an Executive Director. The
Commission
shall fix its staffing pattern, determine the duties, qualifications,
responsibilities
and functions as well as the compensation scheme for the positions to
be
created upon the recommendation of the Executive Director. The staffing
pattern shall be approved and prescribed by the Commission within one
hundred
twenty (120) days from the approval of this Act. chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
Sec.
15. The Subcommissions. — The
Commission shall oversee the operation and maintenance of National
Committees
under the following Subcommissions:chanroblesvirtualawlibrary
(a) Subcommission
on Cultural Heritage, which shall cover but will not be limited to the
following areas: libraries and information services, archives, museums,
galleries, monuments, and sites, and historical research; chanrobles virtuallaw libraryred(b) Subcommission
on the Arts, which shall cover but he will not be limited to the
following
areas; literary arts, visual arts, architecture, dramatic arts,
broadcast
arts, musical arts, dance, and film; chanrobles virtuallaw libraryred
(c) Subcommission
on Cultural Dissemination, which shall cover but will not be limited to
the following areas: language and translation, cultural events,
cultural
education and information;
(d) Subcommission
on Cultural Communities and Traditional Arts, which shall cover but
will
not be limited to the following areas; Agta culture and arts, cultures
and arts of Northern cultural communities, Southern cultural
communities,
Muslim cultural communities, and lowland cultural communities.
Sec.
16. Local, Provincial or Regional
Councils. — The Commission may establish or coordinate with local,
provincial,
or regional government or non-government councils/groups to promote,
develop
and implement programs and plans of the Commission.chanrobles virtual law library
chanrobles virtuallaw libraryred
Sec.
17. The National Advisory Board.
— The chairpersons of the National Committees shall form the National
Advisory
Board.
Sec.
18. The National Cultural Agencies.
— The Commission shall coordinate with the national cultural agencies
including
but not limited to the Cultural Center of the Philippines, the
Institute
of Philippine Languages, the National Historical Institute, the
National
Library, the National Museum, the Records Management and Archives
Office,
However, they shall continue operating under their respective charters
or as provided by law where provisions therein are not inconsistent
with
the provisions of this Act. They shall serve as the national repository
and/or showcase, as the case may be of the best of Philippine culture
and
arts. For this purpose, these agencies shall submit periodic reports,
including
recommendations to the Commission. chanrobles virtuallaw libraryred
Sec.
19. Program Plans. — The Commission
shall within three (3) months after having been officially constituted
and finally staffed, adopt and immediately cause to be implemented in
coordination
with cultural agencies, a short-range program in support of relevant
existing
projects and activities; and within six (6) months, a long range
three-year
development program. This development program shall be developed and
subjected
to annual review and revision by the Commission in coordination with
the
councils as well as public and private cultural agencies and
organizations.cralaw:red
Sec.
20. The National Endowment Fund
for Culture and Arts. — A National Endowment Fund for Culture and Arts
(the Fund) is hereby established exclusively for Philippine art and
cultural
programs, projects and activities all over the country.cralaw:red
(a) The
contribution of the Fund shall be the following: chanrobles virtuallaw libraryred(1) the
amount of One hundred million pesos (P100,000,000.00) as seed capital
shall
be taken from the Philippine Amusement and Gaming Corporation (PAGCOR)
fund at Five million pesos (P5,000,000.00) per month for twenty (20)
months:
Provided, That no grant shall be awarded by the Commission except from
the interest drawn from the funds; Provided, further, That no grant
shall
be awarded until after one (1) year from the organization of the Fund.chanrobles virtuallaw libraryred(2) ten
percent (10%) of the travel tax collection, the share to be taken from
the annual allotment of the travel tax given to the Philippine Tourism
Authority.chanrobles virtual law library (b) Government
corporations are hereby authorized to give grants to the Fund at their
discretion, but not to exceed fifteen percent (15%) of their unimpaired
surplus; chanrobles virtuallaw libraryred(c) The
private portion of the Fund shall be raised from donations and other
conveyances
including funds, materials, property and services, by gratuitous
title; chanrobles virtuallaw libraryred
(d) Contributions
to the Fund shall be deductible for income tax purposes in accordance
with
the provisions of Section 29(h)(2)(A) of the National Internal Revenue
Code;
(e) For
the sound and judicious management of the Fund, the Commission shall
appoint
a reputable government-accredited investment institution as Fund
Manager,
subject to guidelines promulgated by the Commission;
(f) The
Commission shall be the administrator of the Fund, and as such, shall
prepare
implementing guidelines and decision-making mechanisms, subject to the
following:
(1) unless
otherwise stipulated by the private donor, only earnings of private
contributions
shall be used; chanrobles virtuallaw libraryred(2) no
part of the seed capital of the Fund, including earnings, thereof,
shall
be used to underwrite overhead expenses for administration;chanrobles virtuallaw libraryred
(3) not
more than twenty percent (20%) of the Government's annual contribution
to the Fund shall be devoted to administrative functions of the
Commission;
at least ten percent (10%) shall be earmarked as part of the fund's
capital,
and the balance shall be used for its programs and projects;
(4) The
Commission shall organize a separate staff, administratively
independent
of the secretariat to be headed by a comptroller appointed by and
directly
responsible and accountable to the Commission;
(5) There
shall be an external auditor to perform an annual audit of its
performance;
(6) The
Fund shall be exempt from pre-audit by the Commission on Audit.
Sec.
21. Tax Exemption. — The Commission
shall be exempt on all its income and duty obligations.chanrobles virtual law library
All
materials that are reasonably necessary and are not manufactured or
produced
locally for the use of the Filipino artists shall be tax of duty
free. chanrobles virtuallaw libraryred
Sec.
22. Revolving Fund. — The income
of the Commission not exceeding the amount of Five hundred thousand
pesos
(P500,000.00) derived from the proceeds of sales of cultural items or
publications
shall be constituted as a revolving fund for the fabrication of such
items
or printing of such publications. Sales proceeds in excess of the
aforementioned
amount shall be remitted to the National Treasury and shall accrue to
the
General Fund.
TITLE
III
MISCELLANEOUS
PROVISIONS
Sec.
23. Transitory Provisions. —
(a) All the personnel, properties, assets and liabilities of the
Presidential
Commission on Culture and Arts (PCCA) created by Executive Order No.
188,
are hereby transferred to the Commission as its
successor-in-interest.chanrobles virtual law library
chanrobles virtuallaw libraryred
(b) within
a period of one year after the first meeting of the Commission, it
shall
harmonize the policies of the cultural agencies referred to, but
limited
to those enumerated in Section 18 of this Act, with those of the
Commission
as over-all policy-making and coordinating body, as herein
indicated. chanrobles virtuallaw libraryred
Sec.
24. Notice or Consent Requirement.
— If any organizational change herein authorized is of such substance
or
materiality as to prejudice third persons with rights recognized by law
or contract such that notice to or consent of said persons or creditors
is required to be made or obtained pursuant to any agreement entered
into
with any of such creditors, such notice or consent requirement shall be
complied with prior to the implementation of such organizational
change.cralaw:red
Sec.
25. Separability Clause. — Any
portion or provision of this Act that may be declared unconstitutional
shall not have the effect of nullifying other portions or provisions
thereof
as long as such remaining portions or provisions can still subsist and
be given effect in their entirety.cralaw:red
Sec.
26. Saving Clause. — All laws,
rules, regulations, other issuances or parts thereof which are
inconsistent
with this Act are hereby repealed or modified accordingly. All
provisions
of Executive Order No. 118 not inconsistent with this Act shall however
remain in full force and effect.chanrobles virtuallaw libraryred
Sec.
27. This Act shall take effect
immediately upon its approval.
Approved:
April
3, 1992
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