Republic Act No. 10066
An
Act Providing for the Protection and Conservation of the National
Cultural Heritage, Strengthening the National Commission for Culture and
the Arts (Ncca) and Its Affiliated Cultural Agencies, and For Other
Purposes
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. This Act shall be known as the "National Cultural Heritage Act of 2009".cralaw
ARTICLE I
POLICIES AND PRINCIPLES cralaw
Sec. 2. Declaration of Principles and Policies.
Section s 14, 15, 16 and 17, Article XIV of the 1987 Constitution
declare that the State shall foster the preservation, enrichment and
dynamic evolution of a Filipino culture based on the principle of unity
in diversity in a climate of free artistic and intellectual expression.
The Constitution likewise mandates the State to conserve, develop,
promote and popularize the nation's historical and cultural heritage and
resources, as well as artistic creations. It further provides that all
the country's artistic and historic wealth constitutes the cultural
treasure of the nation and shall be under the protection of the State,
which may regulate its disposition.cralaw
In the pursuit of cultural
preservation as a strategy for maintaining Filipino identity, this Act
shall pursue the following objectives:chanroblesvirtuallawlibrary
- Protect,
preserve, conserve and promote the nation's cultural heritage, its
property and histories, and the ethnicity of local communities;
- Establish and strengthen cultural institutions; and
- Protect cultural workers and ensure their professional development and well-being.
The State shall likewise endeavor to create a balanced atmosphere where
the historic past coexists in harmony with modern society. It shall
approach the problem of conservation in an integrated and holistic
manner, cutting across all relevant disciplines and technologies. The
State shall further administer the heritage resources in a spirit of
stewardship for the inspiration and benefit of the present and future
generations.cralaw
ARTICLE II
DEFINITION OF TERMS
Sec. 3. Definition of Terms. For purposes of this Act, the following terms shall be defined as follows:chanroblesvirtualawlibrary
(a) "Adaptive reuse" shall refer to the utilization of buildings, other
built-structures and sites of value for purposes other than that for
which they were intended originally, in order to conserve the site,
their engineering integrity and authenticity of design.cralaw
(b)
"Anthropological area" shall refer to any place where studies of
specific ethno-linguistic groups are undertaken, the properties of which
are of value to our cultural heritage.cralaw
(c) "Antique" shall
refer to a cultural property found locally which is one hundred (100)
years in age, more or less, the production of which has ceased.cralaw
(d) "Archaeological area" shall refer to any place, whether above or
under ground, underwater or at sea level, containing fossils, artifacts
and other cultural, geological, botanical, zoological materials which
depict and document culturally relevant paleontological, prehistoric
and/or historic events.cralaw
(e) "Archives" shall refer to public
and private records in any format which have been selected for permanent
preservation because of their evidential, historical informational
value; otherwise known as archival materials collections or archival
holdings; the place (building/room/storage area) where archival
materials are kept and preserved; and an organization or agency or part
thereof whose main responsibility is to appraise, arrange, describe,
conserve, promote and make archival materials available for reference
and research, also known as archival agency.cralaw
(f) "Built
heritage" shall refer to architectural and engineering structures such
as, but not limited to, bridges, government buildings, houses of
ancestry, traditional dwellings, quartels, train stations, lighthouses,
small ports, educational, technological and industrial complexes, and
their settings, and landscapes with notable historical and cultural
significance.cralaw
(g) "Collector" shall refer to any person who or institution that acquires cultural property for purposes other than sale.cralaw
(h) "Commission" shall refer to the National Commission for Culture and the Arts (NCCA).cralaw
(i) "Conservation" shall refer to all the processes and measures of
maintaining the cultural significance of a cultural property including,
but not limited to, preservation, restoration, reconstruction,
protection, adaptation or any combination thereof.cralaw
(j)
"Cultural agencies" shall refer to the following national government
agencies with their specific areas of responsibility: National Museum
(cultural property); the National Library (books); National Historical
Institute (Philippine history); National Archives (documents); Cultural
Center of the Philippines (culture and the arts); and Komisyon sa Wikang
Filipino (language).cralaw
(k) "Cultural education" shall refer to the teaching and learning of cultural concepts and processes.cralaw
(l) "Cultural heritage" shall refer to the totality of cultural
property preserved and developed through time and passed on to
posterity.cralaw
(m) "Cultural heritage worker" shall refer to an individual undertaking cultural heritage work.cralaw
(n) "Cultural institution" shall refer to entities engaged primarily in cultural work.cralaw
(o) "Cultural property" shall refer to all products of human creativity
by which a people and a nation reveal their identity, including
churches, mosques and other places of religious worship, schools and
natural history specimens and sites, whether public or privately-owned,
movable or immovable, and tangible or intangible.cralaw
(p) "Dealers"
shall refer to natural or juridical persons who acquire cultural
property for the purpose of engaging in the acquisition and disposition
of the same.cralaw
(q) "Heritage zone" shall refer to historical,
anthropological, archaeological, artistic geographical areas and
settings that are culturally significant to the country, as declared hy
the National Museum and/or the National Historical Institute.cralaw
(r) "History" shall refer to a written record of past events relating to Philippine history.cralaw
(s) "Historical landmarks" shall refer to sites or structures that are
associated with events or achievements significant to Philippine history
as declared by the National Historical Institute.cralaw
(t)
"Historical monuments" shall refer to structures that honor illustrious
persons or commemorate events of historical value as declared by the
National Historical Institute.cralaw
(u) "Historical shrines" shall
refer to historical sites or structures hallowed and revered for their
history or association as declared by the National Historical Institute.cralaw
(v) "Historical street name" shall refer to a street name which has
been in existence for at least fifty (50) years and over time has been
considered historic.cralaw
(w) "Important cultural property" shall
refer to a cultural property having exceptional cultural, artistic and
historical significance to the Philippines, as shall be determined by
the National Museum and/or National Historical Institute.cralaw
(x)
"Intangible cultural heritage" shall refer to the practices,
representations, expressions, knowledge and skills, as well as the
instruments, objects and artifacts associated therewith, that
communities, groups and individuals recognize as part of their cultural
heritage, such as: (1) oral traditions, languages and expressions; (2)
performing arts; (3) social practices, rituals and festive events; (4)
knowledge and practices concerning nature and the universe; and (5)
traditional craftsmanship.cralaw
(y) "Intangible cultural property"
shall refer to the peoples' learned processes along with the knowledge,
skills and creativity that inform and are developed by them, the
products they create and the resources, spaces and other aspects of
social and natural context necessary for their sustainability.cralaw
(z) "Library" shall refer to an institution where the collection of
books, manuscripts, computerized information and other materials are
organized to provide physical, bibliographic and/or intellectual access
to the public, with a librarian that is trained to provide services and
programs related to the information needs of its clientele.cralaw
(aa) "Museum" shall refer to a permanent institution that researches,
acquires, conserves, communicates and exhibits the material evidence of
humans and their environment for purposes of education or leisure.cralaw
(bb) "National cultural treasure" shall refer to a unique cultural
property found locally, possessing outstanding historical, cultural,
artistic and/or scientific value which is highly significant and
important to the country and nation, and officially declared as such by
pertinent cultural agency.cralaw
(cc) "Nationally significant" shall
refer to historical, aesthetic, scientific, technical, social and/or
spiritual values that unify the nation by a deep sense of pride in their
various yet common identities, cultural heritage and national
patrimony.cralaw
(dd) "Natural property of cultural significance"
shall refer to areas possessing outstanding ecosystem with flora and
fauna of national scientific importance under the National Integrated
Protected Areas System.cralaw
(ee) "NCCA Portal Cultural Databank"
refers to the specific domain in the Commission's intranet for cultural
information that is accessed only internally with control and
confidentiality. It includes the registry of national cultural property.cralaw
(ff) "Prehistory" shall refer to the period of human history before the introduction of the forms of writing.cralaw
(gg) "Registry" shall refer to the Philippine Registry of Cultural
Property which is the registry of all cultural property of the country
deemed of significant importance to our cultural heritage.cralaw
(hh) "Restoration" shall refer to the action taken or the technical intervention to correct deterioration and alterations.cralaw
(ii) "Tangible cultural property" shall refer to a cultural property
with historical, archival, anthropological, archaeological, artistic and
architectural value, and with exceptional or traditional production,
whether of Philippine origin or not, including antiques and natural
history specimens with significant value.cralaw
ARTICLE III
CULTURAL PROPERTY
Sec. 4. Categories. The cultural property of the country shall be categorized as follows:chanroblesvirtuallawlibrary
- National cultural treasures;
- Important cultural property;
- World heritage sites;
- National historical shrine;
- National historical monument; and
- National historical landmark.
Sec. 5. Cultural Property Considered Important Cultural Property.
For purposes of protecting a cultural property against exportation,
modification or demolition, the following works shall be considered
important cultural property, unless declared otherwise by the pertinent
cultural agency:chanroblesvirtualawlibrary
Unless declared by the Commission,
- Works by a Manlilikha ng Bayan;
- Works by a National Artist;
Unless declared by the National Museum,
- Archaeological and traditional ethnographic materials;
Unless declared by the National Historical Institute,
- Works of national heroes;
- Marked structure;
- Structures dating at least fifty (50) years old; and
Unless declared by the National Archives,
- Archival material/document dating at least fifty (50) years old.
The property owner may petition the appropriate cultural agency to
remove the presumption of important cultural property which shall not be
unreasonably withheld.cralaw
Sec. 6. World Heritage Sites.
The appropriate cultural agency shall closely collaborate with the
United Nations Educational Scientific and Cultural Organization (UNESCO)
National Commission of the Philippines in ensuring the conservation and
management of world heritage sites, of cultural and mixed sites
category, in the Philippines.cralaw
Sec. 7. Privileges for Cultural Property.
All cultural properties declared as national cultural treasures and
national historical landmarks, sites or monuments shall be entitled to
the following privileges:chanroblesvirtuallawlibrary
- Priority government funding for protection, conservation and restoration;
- Incentive
for private support of conservation and restoration through the
Commission's Conservation Incentive Program for national cultural
treasures;
- An
official heritage marker placed by the cultural agency concerned
indicating that the immovable cultural property has been identified as
national cultural treasures and/or national historical landmarks, sites
or monuments; and
- In
times of armed conflict, natural disasters and other exceptional events
that endanger the cultural heritage of the country, all national
cultural treasures or national historical landmarks, sites or monuments
shall be given priority protection by the government.
All cultural properties declared as important cultural property may
also receive government funding for its protection, conservation and
restoration. An official heritage marker shall likewise be placed on an
immovable cultural property to identify the same as important cultural
property.cralaw
Sec. 8. Procedure for Declaration, or Delisting of National Cultural Treasures or Important Cultural Property.
The procedure in declaring as well as in delisting a national cultural
property or an important cultural property shall be as follows:chanroblesvirtualawlibrary
A declaration or a delisting of a cultural property as a national
cultural treasure or an important cultural property shall commence upon
the filing of a petition by the owner, stakeholder or any interested
person, with the Commission, which shall refer the matter to the
appropriate cultural agency;
- Upon
verification of the suitability of the property as a national cultural
treasure or an important cultural property, the cultural agency
concerned shall send notice of hearing to the owner and stakeholders.
Stakeholders including, but not limited to, local government units,
local culture and arts council, local tourism councils, nongovernment
conservation organizations, and schools, may be allowed to file their
support or opposition to the petition;
- The
owner and/or other stakeholders shall file their position paper within
fifteen (15) days from receipt of the notice of hearing, furnishing all
the parties, including the appropriate cultural agency, with such
position paper. Extensions may be allowed, but in no case shall it
exceed more than thirty (30) days;
- The
petitioner/stakeholder shall give their answer within fifteen (15) days
upon receipt of any position paper. Thereafter, no further submissions
shall be allowed; and
- The
appropriate cultural agency shall have a maximum of ninety (90) days
from the deadline of the submission of all the answers within which to
submit its resolution and render its decision on the application.
Sec. 9. Right of First Refusal on the Sale of National Cultural Treasures.
The appropriate cultural agency shall be given the right of first
refusal in the purchase of cultural properties declared as national
cultural property. Prior to the finality of the sale, the appropriate
cultural agency may likewise match any offer made for the purchase of
national cultural property.cralaw
Sec. 10. Licensing of Dealers of Cultural Property.
All dealers of cultural property shall secure a license to operate as
such from the appropriate cultural agency concerned. They shall submit a
quarterly inventory of items carried which shall include a history of
each item. Failure to submit two (2) consecutive inventories shall be a
ground for cancellation of the license. All dealers of cultural property
shall be subject to inspection by the concerned cultural agencies.cralaw
The cultural agencies may charge and collect fees for registration as
well as for licenses, inspections, certifications, authorizations and
permits that they issue and undertake in connection with the
implementation of this Act. Funds generated from these collections by
cultural agencies shall be retained by the cultural agency concerned for
its operations.cralaw
Sec. 11. Dealings of Cultural Property.
No cultural property shall be sold, resold or taken out of the country
without first securing a clearance from the cultural agency concerned.
In case the property shall be taken out of the country, it shall solely
be for the purpose of scientific scrutiny or exhibit.cralaw
ARTICLE IV
HERITAGE ZONES
Sec. 12. Designation of Heritage Zones.
The National Historical Institute and the National Museum, in
consultation with the Commission and the Housing and Land Use Regulatory
Board or other concerned agencies, shall designate heritage zones to
protect the historical and cultural integrity of a geographical area.cralaw
Sec. 13. Maintenance of Heritage Zones. A heritage zone shall be maintained by the local government unit concerned, in accordance with the following guidelines:chanroblesvirtuallawlibrary
- Implementation of adaptive reuse of cultural property;
- Appearance
of streets, parks, monuments, buildings, and natural bodies of water,
canals, paths and barangays within a locality shall be maintained as
close to their appearance at the time the area was of most importance to
Philippine history as determined by the National Historical Institute;
and
- Local
government units shall document and sustain all sociocultural practices
such as, but not limited to, traditional celebrations, historical
battles, recreation of customs, and the reenactment of battles and other
local customs that are unique to a locality.
ARTICLE V
REGISTRATION AND CONSERVATION OF CULTURAL PROPERTY
Sec. 14. Establishment of a Philippine Registry of Cultural Property.
All cultural properties of the country deemed important to cultural
heritage shall be registered in the Philippine Registry of Cultural
Property.cralaw
The Commission, through the appropriate cultural
agencies and local government units, shall establish and maintain this
Registry within three (3) years from the effectivity of this Act. The
guidelines in the registration of cultural property are as follows:chanroblesvirtuallawlibrary
- All
cultural agencies concerned shall individually maintain an inventory,
evaluation and documentation of all cultural properties declared
according to their category and shall submit the same to the Commission.
For cultural property declared as immovable cultural property, the
appropriate cultural agency shall, after registration, give due notice
to the concerned Registry of Deeds for annotation on the land titles
pertaining to the same;
- Local
government units, through their cultural offices, shall likewise
maintain an inventory of cultural property under its jurisdiction and
shall furnish the Commission a copy of the same;
- Both
cultural agencies concerned and local government units shall
continuously coordinate in making entries and in monitoring the various
cultural properties in their respective inventory;
- All
government agencies and instrumentalities, government-owned and/or
-controlled corporations and their subsidiaries, including public and
private educational institutions, shall report their ownership and/or
possession of such items to the pertinent cultural agency and shall
register such properties within three (3) years from the effectivity of
this Act;
- Private
collectors and owners of cultural property shall register such
properties within three (3) years from the effectivity of this Act. The
private collectors and owners of cultural property shall not be divested
of their possession and ownership thereof even after registration of
said property as herein required.
Information on registered cultural properties owned by private
individuals shall remain confidential and may be given only upon prior
consent of the private owner. The Commission shall operate the Registry
in the NCCA portal cultural databank.cralaw
Sec. 15. Conservation of Cultural Property.
All intervention works and measures on conservation of national
cultural treasures, important cultural property, as well as national
historical landmarks, sites or monuments and structures previously
marked by the National Museum and/or the National Historical Institute
before the implementation of this Act, shall be undertaken through the
appropriate cultural agency which shall supervise the same.cralaw
The
appropriate cultural agency shall approve only those methods and
materials that strictly adhere to the accepted international standards
of conservation.cralaw
Sec. 16. Documentation and Preservation of Traditional and Contemporary Arts.
Local government units shall document traditional and contemporary arts
and crafts, including their processes and makers, and sustain the
sources of their raw materials. Local government units shall encourage
and sustain traditional arts and crafts as active and viable sources of
income for the community.cralaw
The Commission, the Department of
Trade and Industry, the Department of Tourism and other government
agencies involved directly or indirectly in the production of goods
shall assist the local government units in protecting their traditional
and contemporary arts and crafts, making them viable for current and
future markets, with a view to encouraging and promoting the unique
heritage and identities of said communities.cralaw
The local
government unit concerned shall submit an annual inventory of these
documentations to the Commission, which will be included in the
Philippine Registry of Cultural Property, as established in Section 14
of this Act.cralaw
Sec. 17. Systematic Research in Natural History.
The National Museum shall have the authority to collect, maintain and
develop the national reference collections of Philippine flora and
fauna, rocks and minerals through research and field collection of
specimens including important cultural property within the territorial
jurisdiction of the Philippines. It shall be exempt from any and all
permit systems regulating the same.cralaw
The National Museum shall
inform the Department of Environment and Natural Resources and the
Department of Agriculture of such collection. All types of specimen
collected in the Philippine territory shall be deposited in the National
Museum.cralaw
Sec. 18. Heritage Agreements.
The Commission, upon advice of the concerned cultural agency, may enter
into agreements with private owners of cultural properties with regard
to the preservation of said properties.cralaw
Such agreement shall be in the form of a contract and may include such terms and conditions including, but not limited to:chanroblesvirtuallawlibrary
- Public access to the property;
- Value of the encumbrance;
- Duration of the servitude of the property;
- Restriction of the right of the owner or occupant to perform acts on or near the place;
- Maintenance and management of the property;
- Provision of financial assistance for the conservation of the property; and
- Procedure for the resolution of any dispute arising out of the agreement.
Such agreement should be annotated in the land title to bind future owners and/or occupants of the immovable cultural property.cralaw
Sec. 19. National Inventory of Intangible Cultural Heritage.
The appropriate cultural agency shall closely collaborate with the
UNESCO National Commission of the Philippines in safeguarding intangible
cultural heritage in the Philippines. The Philippine Intangible
Cultural Heritage Committee established by the UNESCO National
Commission of the Philippines shall continue to take the lead role in
implementing the provisions of the UNESCO Convention for the
Safeguarding of the Intangible Cultural Heritage, with particular
attention to Articles 11 to 15 of the said Convention.cralaw
Sec. 20. Immovable National Cultural Treasures.
Immovable national cultural treasures shall not be relocated, rebuilt,
defaced or otherwise changed in a manner, which would destroy the
property's dignity and authenticity, except to save such property from
destruction due to natural causes.cralaw
The site referred to in this
provision may only be moved after securing a permit from the Commission
or the appropriate cultural agency.cralaw
Sec. 21. Indigenous Properties.
The appropriate cultural agency, in consultation with the National
Commission on Indigenous Peoples, shall establish a program and
promulgate regulations to assist indigenous people in preserving their
particular cultural and historical properties.cralaw
Sec. 22. Renaming of Historical Streets, Buildings Designated as Cultural Treasure or Important Cultural Property.
The names of historical streets, parks, buildings, shrines, landmarks,
monuments and sites designated as national cultural treasures or
important cultural property shall not be allowed to be renamed by a
local or national legislation, unless approved by the National
Historical Institute, and only after due hearing on the matter.
Furthermore, for changes of names done to historical streets, parks,
buildings, shrines, landmarks, monuments, and sites prior to the
effectivity of this Act, the National Historical Institute may direct
the local government units to restore their original names, also after
due hearing.cralaw
ARTICLE VI
REGULATING THE EXPORT, TRANSIT, IMPORT AND REPATRIATION OF CULTURAL PROPERTY
Sec. 23. Export of Cultural Property.
Whoever desires to export cultural property registered in the
Philippine Registry of Cultural Property shall adhere to the following
requirements:chanroblesvirtuallawlibrary
- Authorization from the Commission through the appropriate cultural agencies;
- Application for export permit shall be submitted thirty (30) days before the intended export from the Philippines; and
- Application
for export permit must include the following: (1) the purpose of the
temporary export; (2) the export date of the cultural property; (3) the
repatriation date of the cultural property; (4) a description of the
cultural property; and (5) the inventory of the cultural property in the
Philippine Registry of Cultural Property.
The grant of export permit shall be based on the following conditions:
(i) the cultural property is exported on a temporary basis; and (ii)
export of cultural property is necessary for scientific scrutiny or
exhibit.cralaw
Sec. 24. Repatriation Claims and Agreements.
Should the cultural property registered in the Philippine Registry of
Cultural Property be illicitly exported from the country, the Department
of Foreign Affairs shall, upon the recommendation of the appropriate
cultural agency, claim the right of repatriation vis-a-vis all other contracting States. Any compensation and costs shall be carried by the Philippine government.cralaw
For the protection of cultural and foreign affairs interests and to
secure cultural heritage, the Philippines may conclude international
treaties with contracting States on the import and repatriation of
cultural property subject to the following conditions:chanroblesvirtuallawlibrary
- The
scope of the agreement must be cultural property of significant
importance to the cultural heritage of the contracting States;
- The cultural property must be subject to the existing export policies for the purpose of protecting cultural heritage; and
- The contracting States shall grant reciprocal rights.
ARTICLE VII
POWERS OF THE COMMISSION/CULTURAL AGENCIES
Sec. 25. Power to Issue a Cease and Desist Order.
When the physical integrity of the national cultural treasures or
important cultural properties are found to be in danger of destruction
or significant alteration from its original state, the appropriate
cultural agency shall immediately issue a Cease and Desist Order ex parte
suspending all activities that will affect the cultural property. The
local government unit which has the jurisdiction over the site where the
immovable cultural property is located shall report the same to the
appropriate cultural agency immediately upon discovery and shall
promptly adopt measures to secure the integrity of such immovable
cultural property. Thereafter, the appropriate cultural agency shall
give notice to the owner or occupant of the cultural property and
conduct a hearing on the propriety of the issuance of the Cease and
Desist Order. The suspension of the activities shall be lifted only upon
the written authority of the appropriate cultural agency after due
notice and hearing involving the interested parties and stakeholders.cralaw
Sec. 26. Power to Issue Compulsory Repair Order.
When a privately-owned heritage site cannot be maintained by the owner
or has fallen into disrepair through neglect to such an extent that it
will lose its potential for conservation, the appropriate cultural
agency may serve on the owner or occupant of such property an order to
repair or maintain such site. If the owner fails to comply with the said
order within thirty (30) to forty-five (45) days, repairs may be
undertaken by the appropriate cultural agency funded by the Commission
for the account of the owner.cralaw
Sec. 27. Visitorial Powers.
The cultural agencies concerned, through the Commission, are hereby
given the power to inspect national cultural treasures, important
cultural properties, and national historical landmarks, sites or
monuments at any time to ensure the protection and integrity of such.
They may also inspect public or private collections or objects that may
be categorized as cultural property: Provided, That in the case of private collections or objects, the prior written consent of the owner shall be obtained.cralaw
Sec. 28. Power to Deputize Other Government Agencies.
The cultural agencies concerned, as well as the Commission, shall have
the power to deputize the Philippine National Police, the National
Bureau of Investigation, the Armed Forces of the Philippines, the
Philippine Coast Guard, and other local or national law enforcement
agencies, including the Bureau of Fisheries' agents, the Department of
Environment and Natural Resources' rangers, the Bureau of Customs and
the Bureau of Immigration agents, members of the Office of the Special
Envoy on Transnational Crimes and other such agencies and their
successors-in-interest, to enforce the provisions of this Act and its
implementing rules and regulations. The said agencies shall immediately
detail their respective personnel to protect the cultural items under
the National Registry.cralaw
Failure to follow deputization order of
the concerned cultural agency as well as the Commission shall be
penalized in accordance with Section 49 herein.cralaw
Sec. 29. Power to Recover Cultural Properties.
The Commission is empowered to recover or retrieve cultural properties
which are under the custody of foreign nationals or entities and to
bring these properties back to Philippine custody.cralaw
Sec. 30. Anthropological Research and Archaeological Exploration/Excavation.
- The
National Museum, with respect to
cultural/archaeological/anthropological matters, and the National
Historical Institute, with respect to historical anthropological
matters, shall regulate and control all anthropological research
conducted by foreigners; and all archaeological excavation or
exploration. Pursuant to the foregoing, the National Museum or the
National Historical Institute shall deputize other agencies to protect
archaeological and anthropological sites. It shall be guided by the
following rules:
- All cultural properties found in terrestrial and/or underwater archaeological sites belong to the State;
- No
terrestrial and/or underwater archaeological explorations and
excavations for the purpose of obtaining materials and data of cultural
value shall be undertaken without written authority and direct site
supervision by archaeologists and/or representatives of the National
Museum;
- All
anthropological researches, for the purpose of obtaining materials and
data of cultural value and where the principal proponent is a foreign
national, shall be undertaken only with the authority and under the
supervision of the National Museum or the National Historical Institute.
Anthropological research by Philippine nationals, especially members of
the indigenous communities, shall be encouraged;
- Archaeological
or anthropological materials presumed as important cultural property
shall be allowed to leave the country only upon proper evaluation and
written permission of the National Museum or the National Historical
Institute;
- All
explorations and excavations undertaken, wherein the caves, rock
shelters and their vicinities may have been used in the prehistoric past
by man either for habitation, religious and/or sacred and burial
purposes all over the country, shall be under the direct jurisdiction
and supervision of archaeologists and/or other experts of the National
Museum;
- All
mining activities inside caves, rock shelters and any such other areas
shall require a written permit and clearance from the National Museum.
An appropriate prior inspection by representatives of the National
Museum, funded by the company applying for a mining right, shall be
required to ensure that no archaeological materials are present and
destroyed;
- Excavations
in caves, rock shelters and other areas by laymen are prohibited by
this Act. All earth-moving activities in these areas must have the
proper permit and clearance from the National Museum and monitored by
their representatives;
- All
treasure hunting permits and licenses shall be issued by the National
Museum, which shall formulate the rules and regulations to adequately
control, regulate and monitor all applicants for such undertakings; and
20
- The
provisions of this Act on explorations and excavations of terrestrial
and underwater archaeological sites shall supersede all local,
municipal, regional and autonomous regional governments' resolutions and
ordinances.
- When
the presence of any cultural or historical property is discovered, the
National Museum or the National Historical Institute shall immediately
suspend all activities that will affect the site and shall immediately
notify the local government unit having jurisdiction of the place where
the discovery was made. The local government shall promptly adopt
measures to protect and safeguard the integrity of the cultural property
so discovered and, within five (5) days from the discovery, shall
report the same to the appropriate agency. The suspension of these
activities shall be lifted only upon the written authority of the
National Museum or the National Historical Institute and only after the
systematic recovery of the archaeological materials.
- The
Commission, upon the recommendation of the appropriate cultural agency,
shall provide incentives for persons who discover and report heretofore
unknown archaeological sites, in accordance with its rules and
regulations implementing the provisions of this Act.
- Any
government or nongovernment infrastructure project or architectural
site development shall include anthropological, archaeological and
historical and heritage site conservation concerns in their
Environmental Impact Assessment System.
ARTICLE VIII
ROLE OF CULTURAL AGENCIES
Sec. 31. Responsibilities of Cultural Agencies for Designation of Cultural Property.
The cultural agencies, in conformity with their respective charters and
mandates, shall define and delineate their respective areas of
responsibility with respect to cultural properly and assessment of
national cultural treasures and national historical landmarks, sites or
monuments. These areas shall be subject to periodic re-assessment
whenever necessary.cralaw
For purposes of this Act, the following
shall be the responsibilities of cultural agencies in the categorization
of cultural property:chanroblesvirtuallawlibrary
- The Cultural Center of the Philippines shall be responsible for significant cultural property pertaining to the performing arts;
- The National Archives of the Philippines shall be responsible for significant archival materials;
- The
National Library shall be responsible for rare and significant
contemporary Philippine books, manuscripts such as, but not limited to,
presidential papers, periodicals, newspapers, singly or in collection,
and libraries and electronic records;
- The
National Historical Institute shall be responsible for significant
movable and immovable cultural property that pertains to Philippine
history, heroes and the conservation of historical artifacts;
- The
National Museum shall be responsible for significant movable and
immovable cultural and natural property pertaining to collections of
fine arts, archaeology, anthropology, botany, geology, zoology and
astronomy, including its conservation aspect; and
- The
Komisyon sa Wikang Filipino shall be responsible for the dissemination
development, and the promotion of the Filipino national language and the
conservation of ethnic languages.
Sec. 32. Institutional Linkages of the National Cultural Agencies.
The cultural agencies and other national government agencies, as listed
below, shall consult, coordinate and work closely with the Commission
in the implementation of their respective programs/projects in the
context of this Act. Furthermore, the Commission may link up with other
agencies and institutions, as it may deem appropriate, as a way of
dealing with conservation in a holistic manner:chanroblesvirtuallawlibrary
- The
Department of Tourism and its attached agencies which shall be
responsible for cultural education among tourism services, and
protection of cultural properties supplemental to the jurisdiction of
the cultural agencies as defined in this Act. The implementation and
creation of a tourism master plan shall be consistent with this Act;
- The
Intramuros Administration which shall be responsible for the
restoration and administration of the development in Intramuros;
- The
National Parks Development Committee as an attached agency of the
Department of Tourism which shall be responsible in supervising the
development (beautification, preservation and maintenance) of the Quezon
Memorial, Fort Santiago, Luneta, Paco Park, Pook ni Maria Makiling and
other national parks and satellite projects;
- The
Department of Education which shall be responsible in instituting the
governance of basic education act, and the conservation and restoration
of its built heritage such as the significant Gabaldon school buildings
as determined by the National Historical Institute;
- The
Department of Public Works and Highways which shall, be responsible in
undertaking major infrastructure projects specifically in the planning,
design, construction, and maintenance of national roads and bridges as
they impact on heritage structures or aspects of heritage conservation;
- The
National Commission on Indigenous Peoples, in behalf of the country's
indigenous cultural communities, which shall coordinate with the
national agencies on matters pertaining to cultural properties under its
jurisdiction;
- The
Department of Environment and Natural Resources which shall be
responsible for the establishment and management of the National
Integrated Protected Areas System and the conservation of wildlife
resources, including cave and cave resources and which shall coordinate
with the National Commission on Indigenous Peoples, the conservation of
natural resources that are cultural sanctuaries of indigenous peoples;
- The
Department of the Interior and Local Government which shall coordinate
with the national cultural agencies on matters pertaining to cultural
properties under its jurisdiction, and ensure that the provisions of
this Act is properly executed by the local government unit;
- The
Office on Muslim Affairs which shall coordinate with the national
cultural agencies on matters pertaining to cultural properties under its
jurisdiction;
- The
UNESCO National Commission of the Philippines which shall be
responsible for providing the liaison between the cultural agencies of
the Philippines and the UNESCO as well as assist the national cultural
agencies in implementing the agreements and conventions adopted by the
UNESCO of which the Philippines has ratified or is in the process of
ratification;
- The
Housing and Land Use Regulatory Board which shall coordinate with the
local government units and the Commission on matters pertaining to the
establishment and maintenance of heritage zones;
- The
Autonomous Region in Muslim Mindanao and the Cordillera Administrative
Region which shall coordinate with the national cultural agencies on
matters pertaining to cultural properties under their respective
jurisdictions; and
- The
Office of the Special Envoy on Transnational Crimes which shall have
the oversight and operational capacity to go after illicitly trafficked
and stolen cultural treasures.
Sec. 33. Incorporation of Cultural Property Programs in Local Government Units' Budgets.
The local government units are encouraged to incorporate programs and
budgets for the conservation and preservation of cultural property in
their environmental, educational and cultural activities.cralaw
Sec. 34. Training Programs.
The Commission, in coordination with the appropriate cultural agencies,
shall provide general training programs on conservation to the local
government units which have established cultural heritage programs and
projects in their localities.cralaw
ARTICLE IX
CULTURAL PROPERTY INCENTIVES PROGRAM
Sec. 35. Tax Exemption on Donations.
All donations in any form to the Commission and its affiliated cultural
agencies shall be exempt from the donor's tax and the same shall be
considered as allowable deduction from the gross income in the
computation of the income tax of the donor, in accordance with the
provisions of the National Internal Revenue Code of 1997, as amended.cralaw
SEC 36. National Heritage Resource Assistance Program.
The Commission may provide financial assistance in the form of a grant
to historic, archaeological, architectural, artistic organizations for
conservation or research on cultural property. No grant made pursuant to
this Act shall be treated as taxable income.cralaw
Sec. 37. Awards and Citations.
To encourage preservation of the national heritage, the Commission
shall establish an annual conservation recognition program under which
monetary prizes, awards and citations will be given by the President of
the Philippines, upon the recommendation of the Commission, for special
achievements and important contributions and services in the area of
heritage preservation and conservation efforts.cralaw
ARTICLE X
CULTURAL EDUCATION
Sec. 38. Incorporation of National Cultural Treasures and Important Cultural Property in the Basic Education System.
Within one (1) year from the effectivity of this Act, the Department of
Education, in coordination with the Commission's Philippine Cultural
Education Program, shall formulate the cultural heritage education
programs both for local and overseas Filipinos to be incorporated into
the formal, alternative and informal education, with emphasis on the
protection, conservation and preservation of cultural heritage property.cralaw
The Philippine Registry of Cultural Property shall likewise be
incorporated into the formal, alternative and informal education by the
provincial and local governments.cralaw
Sec. 39. Cultural Heritage Education Program.
Within one (1) year from the effectivity of this Act, the Department of
Education, the Technical Education and Skills Development Authority and
the Commission on Higher Education, in consultation with the
Commission, shall set forth in its teaching programs nationwide the
following cultural heritage education programs with emphasis at the
provincial, city and municipal levels:chanroblesvirtuallawlibrary
- Protection, conservation and preservation of cultural heritage properties;
- Instructional
materials in print, film and broadcast media on the cultural and
historical significance of cultural properties; and
- Visitation, public accessibility and information dissemination on designated local cultural properties.
Sec. 40. Public Accessibility.
Access to national historical landmarks, monuments and sites, whether
designated as national cultural treasures or important cultural property
by the general public for visitation and information, and by government
representatives for inspection, shall not be hindered except on
reasonable cause. Fees, as prescribed by the cultural agency concerned,
may in appropriate cases be charged to defray the cost of conservation,
inclusive of general maintenance and upkeep. In the case of
privately-owned monuments and sites, the National Historical Institute
or the National Museum shall arrange with the owners the schedules of
visits and regular inspection.cralaw
ARTICLE XI
CULTURAL HERITAGE WORKERS' INCENTIVES PROGRAM
Sec. 41. Cultural Heritage Workers' Incentives.
The national cultural agencies, in coordination with the Commission on
Higher Education, shall initiate scholarships, educational training
programs and other measures to protect the well-being of curators,
conservators, authenticators, cultural researchers or educators,
historians, librarians, archivists and valuators/appraisers of cultural
property. Such cultural workers shall be given grants, incentives and
scholarships upon the endorsement by the head of the appropriate
cultural agency:chanroblesvirtuallawlibrary
- Program
for Cultural Heritage Workers. Within ninety (90) days from the
effectivity of this Act, the Commission shall come up with the
following:
- An active roster of authenticators and valuators/ appraisers;
- An
education and training plan for conservators, authenticators,
valuators/appraisers and other conservation- related workers; and
- A general training plan on conservation for local government units.
- Application
of Scientific Career Merit System. Cultural heritage workers in the
civil service with a doctorate, master of science, or master of arts
degree in fields related to cultural heritage promotion and conservation
shall be given the rank and benefits of scientists subject to
qualifying standards equivalent to those prescribed in the scientific
career merit system of the government.cralaw
A cultural heritage worker involved in science and technology in
government agencies shall be eligible for the benefits under Republic
Act No. 8439, or the "Magna Carta for Scientists, Engineers, Researchers
and Other S & T Personnel in the Government". The Commission shall
likewise establish a merit award system for non-civil service cultural
heritage workers.
ARTICLE XII
SENTRO RIZAL
Sec. 42. Creation of Sentro Rizal.
There is hereby created and established a Sentro Rizal whose main
purpose is the promotion of Philippine arts, culture and language
throughout the world.cralaw
Sec. 43. Overseas Branches or Offices of Sentro Rizal.
Sentro Rizal shall have branches or offices in countries where there
are children of overseas Filipino workers who need to be educated about
their roots, as well as developed countries where there are large
Filipino communities.cralaw
The office or branch shall be repository, inter alia,
of the following materials on Philippine arts, culture and language:
books, digital video discs, compact discs, films, magazines, artworks,
tourism promotion materials, information materials, etc. All these shall
be made available to the public, both Filipino and foreign.cralaw
Sec. 44. Coordination and Supervision with Philippine Schools. The Sentro Rizal shall coordinate and supervise the Philippine schools for Filipino children overseas.cralaw
Sec. 45. Services Offered.
The Sentro Rizal shall offer Filipino language courses for children and
adults, as well as exhibits, small concerts, poetry reading, Philippine
cuisine lessons in all Sentro Rizal branches.cralaw
Sec. 46. Provision of Tourism, Trade and Investment Materials to the Sentro Rizal.
The Department of Tourism, as well as the Department of Education, the
National Commission on Culture and the Arts, the Commission on Higher
Education, the National Historical Institute, the National Archives, the
National Library, and the Cultural Center of the Philippines, shall
provide tourism promotion materials to the Sentro Rizal overseas branches. In the same manner, the Department of Trade and Industry shall also provide trade and investments materials.cralaw
Sec. 47. Appropriations.
The amount of One hundred million pesos (P100,000,000.00) necessary to
carry out the provisions of this Act shall be appropriated immediately
to be generated from whatever source that are available in the National
Treasury.cralaw
ARTICLE XIII
PENAL PROVISIONS
Sec. 48. Prohibited Acts.
To the extent that the offense is not punishable by a higher punishment
under another provision of law, violations of this Act may be made by
whoever intentionally:chanroblesvirtuallawlibrary
- Destroys,
demolishes, mutilates or damages any world heritage site, national
cultural treasures, important cultural property and archaeological and
anthropological sites;
- Modifies,
alters, or destroys the original features of or undertakes construction
or real estate development in any national shrine, monument, landmark
and other historic edifices and structures, declared, classified, and
marked by the National Historical Institute as such, without the prior
written permission from the Commission. This includes the designated
security or buffer zone, extending five (5) meters from the visible
perimeter of the monument or site;
- Explores,
excavates or undertakes diggings for the purpose of obtaining materials
of cultural historical value without prior written authority from the
National Museum. No excavation or diggings shall be permitted without
the supervision of a certified archaeologist;
- Appropriates excavation finds contrary to the provisions of the New Civil Code and other pertinent laws;
- Imports,
sells, distributes, procures, acquires, or exports cultural property
stolen, or otherwise lost against the will of the lawful owner;
- Illicitly
exports cultural property listed in the Philippine Registry of Cultural
Property or those that may be categorized as such upon visitation or
incorrectly declares the same during transit; and
- Deals in cultural property without proper registration and license issued by the cultural agency concerned.
Sec. 49. Penal Provisions.
Upon conviction, the offender shall be subject to a fine of not less
than Two hundred thousand pesos (P200,000.00) or imprisonment for a term
of not less than ten (10) years, or both, upon the discretion of the
court: Provided, That any cultural property attempted to be
concealed from registration or those intended to be encumbered or
excavated in violation of this Act shall be summarily confiscated and
forfeited in favor of the Commission: Provided, further, That
if the violation is committed by a juridical person, the president,
manager, representative, director, agent or employee of the said
juridical person responsible for the act shall also be liable for the
penalties provided herein: Provided, furthermore, That if the
acts are committed by dealers, they shall suffer, in addition to the
penalties provided herein, the automatic revocation of their license to
operate: Provided, finally, That if the offender is an alien,
he/she shall be placed under the custody of the Bureau of Immigration
for the appropriate proceedings under this Act and shall be summarily
deported after serving his/her sentence.cralaw
Heads of departments,
commissions, bureaus, agencies or offices, officers and/or agents found
to have intentionally failed to perform their required duty as
prescribed by the deputization order under Section 28 of this Act shall
be liable for nonfeasance and shall be penalized in accordance with
applicable laws.cralaw
If the offense involves the nonregistration of
a cultural property such as those referred to in Section 14, and the
nonregistration occurs upon or after proper notification by the
Commission or the cultural agency concerned, the offender shall be
subject to a fine of not less than Ten thousand pesos (P10.000.00) but
not more than One hundred thousand pesos (P100,000.00).cralaw
The
concerned head of agency, officer and/or employee of the government
entities mentioned in Section 31 shall be held liable for failure to
consult and coordinate with the Commission for the damage to the
cultural property resulting from the implementation of the entity's
program/project, and shall be meted the penalty mentioned in the first
paragraph of this section: Provided, That the offender/s shall likewise be asked to pay for the repair or rebuilding of what has been damaged.cralaw
ARTICLE XIV
ENDOWMENT
Sec. 50. National Endowment for Culture and the Arts.
The sum of Five hundred million pesos (P500,000,000.00) shall be
contributed by the Philippine Amusement and Gaming Corporation (PAGCOR)
and/or General Appropriations at the minimum rate of One hundred million
pesos (P100,000,000.00) per year for five (5) years towards the
establishment of a National Endowment for Culture and the Arts. Said
amount shall be kept separate and deposited in a special account in the
Bureau of Treasury specifically earmarked for culture and the arts.cralaw
ARTICLE XV
FINAL PROVISIONS
Sec. 51. Implementing Rules and Regulations.
The Commission, in consultation with other government agencies
mentioned in this Act, shall promulgate the implementing rules and
regulations within ninety (90) days after the effectivity of this Act.cralaw
Sec. 52. Repealing Clause.
Pertinent provisions of Republic Act No. 7356, the "Law Creating the
National Commission for Culture and the Arts"; Republic Act No. 8492,
the "National Museum Act of 1998"; Republic Act No. 9072, the "National
Caves and Cave Resources Management and Protection Act"; Republic Act
No. 7942, the "Philippine Mining Act of 1995"; and all other laws,
presidential decrees, executive orders and rules and regulations
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.cralaw
Sec. 53. 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 hereof as long as such remaining provisions can still
subsist and be given effect.cralaw
Sec. 54. Effectivity Clause. This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.cralaw
Approved:chanroblesvirtuallawlibrary
(Sgd.) JUAN PONCE ENRILE |
(Sgd.) PROSPERO C. NOGRALES |
President of Senate |
Speaker of the House of Representatives |
This Act which is a consolidation of Senate Bill No. 3014 and House
Bill No. 6733 was finally passed by the Senate and the House of
Representatives on December 14, 2009 and December 16, 2009,
respectively.
(Sgd.) EMMA LIRIO-REYES |
(Sgd.) MARILYN B. BARUA-YAP |
Secretary of Senate |
Secretary General House of Representatives |
Approved: MAR 26 2010
(Sgd.) GLORIA MACAPAGAL - ARROYO
President of the Philippines
|