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PRESIDENTIAL DECREE NO. 374
PRESIDENTIAL DECREE NO. 374 -
AMENDING CERTAIN SectionS OF REPUBLIC ACT NO. 4846, OTHERWISE KNOWN AS
THE "CULTURAL PROPERTIES PRESERVATION AND PROTECTION ACT"
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WHEREAS,
the National Museum has the difficult task, under existing laws and
regulations, of preserving and protecting the cultural properties of
the nation;chanroblesvirtualawlibrary
WHEREAS, innumerable sites all over the country have since been
excavated for cultural relics, which have passed on to private hands,
representing priceless cultural treasures that properly belongs to the
Filipino people as their heritage; chanroblesvirtualawlibrary
WHEREAS, it is perhaps impossible now to find an area in the
Philippines, whether government or private property, which has not been
disturbed by commercial-minded diggers and collectors, literally
destroying part of our historic past;chanroblesvirtualawlibrary
WHEREAS, because of this the Philippines has been charged as incapable
of preserving and protecting her cultural legacies; chanroblesvirtualawlibrary
WHEREAS, the commercialization of Philippine relics from the contact
period, the Neolithic Age, and the Paleolithic Age, has reached a point
perilously placing beyond reach of savants the study and reconstruction
of Philippine prehistory; and
WHEREAS, it is believed that more stringent regulation on movement and
a limited form of registration of important cultural properties and of
designated national cultural treasures is necessary, and that
regardless of the item, any cultural property exported or sold locally
must be registered with the National Museum to control the deplorable
situation regarding our national cultural properties and to implement
the Cultural Properties Law; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of the Armed Forces of the Philippines and pursuant
to Proclamation No. 1081 dated September 21, 1972, and General Order
No. 1 dated September 22, 1972, do hereby decree, order and make as
part of the law of the land the following:cralaw:red
Section 1. Section 2 to 22 of Republic Act No. 4846
are hereby amended to read as follows:cralaw:red
"Sec. 2. It is hereby declared to be the policy of
the state to preserve and protect the important cultural properties and
National Cultural Treasures of the nation and to safeguard their
intrinsic value."
"Sec. 3. chanroblesvirtualawlibrary
"a. Cultural properties are old buildings, monuments,
shrines, documents, and objects which may be classified as antiques,
relics, or artifacts, landmarks, anthropological and historical sites,
and specimens of natural history which are of cultural, historical,
anthropological or scientific value and significance to the nation;
such as physical, anthropological, archeological and ethnographical
materials, meteorites and tektites; historical objects and manuscripts;
household and agricultural implements; decorative articles or personal
adornment; works of art such as paintings, sculptures, carvings,
jewelry, music, architecture, sketches, drawings, or illustrations in
part or in whole; works of industrial and commercial art such as
furniture, pottery, ceramics, wrought iron, gold, bronze, silver, wood
or other heraldic items, metals, coins, medals, badges, insignias, coat
of arms, crests, flags, arms, and armor; vehicles or ships or boats in
part or in whole.
"b. Cultural properties which have been singled out
from among the innumerable cultural properties as having exceptional
historical and cultural significance to the Philippines, but are not
sufficiently outstanding to merit the classification of "National
Cultural Treasures" are important cultural properties.
"c. A National Cultural Treasure is a unique object
found locally, possessing outstanding historical, cultural, artistic
and/or scientific value which is highly significant and important to
this country and nation.
"d. Antiques — are cultural properties found locally
which are one hundred years or more in age or even less but their
production having ceased, they have, therefore, become or are becoming
rare.
"e. Relics — are cultural properties which, either as
a whole or in fragments, are left behind after the destruction or decay
of the rest of its parts and which are intimately associated with
important beliefs, practices, customs and traditions, periods and
personages.
"f. Artifacts — are articles which are products of
human skills or workmanship, especially in the simple product of
primitive arts or industry representing past eras or periods. chanroblesvirtualawlibrary
"g. Natural History Specimens — are live or preserved
specimens of plants and animals, fossils, rocks and minerals. Only
types, presently irreplaceable specimens and those in danger of
extinction shall be embraced in this Act.
"h. Type as mentioned in Section seven-b in the
context of this Act is a specimen selected as the best to represent a
kind or class of objects consisting of any but almost identical
individuals or pieces. In the case of specimen which was used as the
basis of description establishing the species, in accordance with the
rules of nomenclature.
"i. A historical site is any place, province, city,
town and/or any location and structure which has played a significant
and important role in the history of our country and nation. Such
significance and importance may be cultural, political, sociological or
historical. chanroblesvirtualawlibrary
"j. An archeological site is any place which may be
underground or on the surface, underwater or at sea level which
contains fossils, artifacts and other cultural, geological, botanical,
zoological materials which depict and document evidences of
paleontological and pre-historic events.
"k. An anthropological area is any place where
studies of specific cultural groups are being/or should be undertaken
in the field of anthropology. Anthropology in this case is descriptive,
interpretative and comparative study of all aspects of various cultural
linguistic groups including the collection and analysis of their
particular material culture.
"l. Collector — is any person or institution who
acquires cultural properties and national Cultural Treasures for
purposes other than sale.
"m. Dealers — are persons or enterprises who acquire
cultural properties for the purpose of engaging in the acquisition and
resale of the same.
"n. Exporters — are dealers who engage in the
business of exporting cultural properties.
"o. For purposes of Republic Act No. 4846 government
property covers all lands and marine areas including those covered by
licenses or special permits and those owned or administered by
government-owned or controlled corporations, institutions or agencies."
"Sec. 4. The National Museum, hereinafter referred to
as the Museum shall be the agency of the government which, shall
implement the provisions of this Act."
"Sec. 5. The Director of the Museum, hereinafter
referred to as the Director, shall undertake a census of the important
cultural properties of the Philippines, keep a record of their
ownership, location, and condition, and maintain an up-to-date register
of the same. Private collectors and owners of important cultural
properties and public and private schools in possession of these items,
shall be required to register their collections with the Museum when
required by the Director and to report to the same office when required
by the Director any new acquisitions, sales, or transfer thereof."
"Sec. 6. The Director is authorized to convene panels
of experts, as often as the need for their services may arise, each to
be composed of three competent men in the specialized fields of
anthropology, natural sciences, history and archives, fine arts,
philately and numismatics, and shrines and monuments, etc. Each panel
shall, after careful study and deliberation, decide which among the
cultural properties in their field of specialization shall be
designated as 'National Cultural Treasures' or 'Important Cultural
Properties.' The Director is further authorized to convene panels of
experts to declassify designated 'National Cultural Treasures.' chanroblesvirtualawlibrary
"The Director shall within ten days of such action by the panel
transmit their decision and cause the designation-list to be published
in at least two newspapers of general circulation. The same procedure
shall be followed in the declassification of important cultural
properties and national cultural treasures."
"Sec. 7. In the designation of a particular cultural
property as a 'national cultural treasure', the following procedure
shall be observed:cralaw:red
"a. Before the actual designation, the owner, if the
property is privately owned, shall be notified at least fifteen days
prior to the intended designation, and he shall be invited to attend
the deliberation, and given a chance to be heard. Failure on the part
of the owner to attend the deliberation shall not bar the panel to
render its decision. Decision shall be given by the panel within a week
after its deliberation. In the event that the owner desires to seek
reconsideration of the designation made by the panel, he may do so
within thirty days from the date that the decision has been rendered.
If no request for reconsideration is filed after this period, the
designation is then considered final and executory. Any request for
reconsideration filed within thirty days and subsequently again denied
by the panel, may be further appealed to another panel chairmanned by
the Secretary of Education, with two experts as members appointed by
the Secretary of Education. Their decision shall be final and binding.
"b. Within each kind or class of objects, only the
rare and unique objects may be designated as 'National Cultural
Treasures.' The remainder, if any, shall be treated as cultural
property.
"c. Designated 'National Cultural Treasures' shall be
marked, described, and photographed by the National Museum. The owner
retains possession of the same but the Museum shall keep record
containing such information as: name of article, owner, period, source,
location, condition, description, photograph, identifying marks,
approximate value, and other pertinent data."
"Sec. 8. National Cultural treasures shall not change
ownership, except by inheritance or sale approved by the Director of
the National Museum, without the prior notification to and notations
made by the Museum in the records. They may not be taken out of the
country for reasons of inheritance. Where there is no heir, National
Cultural Treasures shall revert to the National Museum or to any other
state museum."
"Sec. 9. National Cultural Treasures may be taken
out of the country only with written permit from the Director of the
National Museum, and only for the purpose of exchange programs or for
scientific scrutiny, but shall be returned immediately after such
exhibition or study: Provided, that the Director of the National Museum
shall require that the cultural treasures be adequately insured against
loss or damage by the owners thereof, and shall be properly accompanied
by a duly authorized representative of the National Museum and/or
protected.
"Sec. 10. It shall be unlawful to export or to cause
to be taken out of the Philippines any of the cultural properties
defined in Section three of this Act, without previous registration of
the objects with the National Museum and a written permit from the
Director of the National Museum: Provided, however, that in the
granting or the withholding of the permit, the provisions of Section
seven of this Act shall have been satisfied."
"Sec. 11. No cultural property may be imported
without an official certification of exportation from the country of
origin." chanroblesvirtualawlibrary
"Sec. 12. It shall be unlawful to explore, excavate
or make diggings on archaeological or historical sites for the purpose
of obtaining materials of cultural historical value without the prior
written authority from the Director of the National Museum. No
excavation or diggings shall be permitted without the supervision of an
archaeologist certified as such by the Director of the National Museum,
or of such other person who, in the opinion of the Director, is
competent to supervise the work, and who shall, upon completion of the
project, deposit with the Museum a catalogue of all the materials found
thereon, and a description of the archaeological context in accordance
with accepted archaeological practices. When excavators shall strike
upon any buried cultural property, the excavation shall be suspended
and the matter reported immediately to the Director of the National
Museum who shall take the appropriate steps to have the discovery
investigated and to insure the proper and safe removal thereof, with
the knowledge and consent of the owner. The suspension shall not be
lifted until the Director of the National Museum shall so allow it.
All exploration, excavation, or diggings on government and private
property for archaeological or historical purposes shall be undertaken
only by the National Museum, or any institution duly authorized by the
Director of the National Museum."
"Sec. 13. All restorations, reconstructions, and
preservations of government historical buildings, shrines, landmarks,
monuments, and sites, which have been designated as 'National Cultural
Treasures' and 'important cultural properties' shall only be undertaken
with the written permission of the Director of the National Museum who
shall designate the supervision of the same.
"Sec. 14. Any donation or support by private
individuals or institutions to the National Museum, and any investment
for the purchase of cultural properties registered with the National
Museum or for the support of scientific and cultural expeditions,
explorations, or excavations when so certified by the Director of the
National Museum shall be tax exempt and deductible from the income tax
returns of the individual or institution.
"Donations of National Cultural Treasures and important cultural
properties to the National Museum or any accredited institution for
preservation for posterity, or of any monetary contribution to the
National Museum or any accredited institution for the purchase of
National Cultural Treasures and important cultural properties shall
also be deductible from the income tax returns: Provided, that such
donations are duly acknowledged and receipted by the recipient and
certified by the Director of the National Museum."
"Sec. 15. Any cultural property for sale as allowed
under this Act, should be registered with the National Museum and the
proceeds thereof shall be considered as income and therefore subject to
taxation; Provided, however, that the Government shall be given the
first option for three months to buy these cultural properties when
placed on sale."
"Sec. 16. All dealers of cultural properties shall
secure a license as a dealer in cultural properties from the Director
of the National Museum."
"Sec. 17. All dealers engaged in the business of
exporting cultural properties shall secure a license as exporter of
cultural properties from the Director of the National Museum.
"Sec. 18. The Director of the National Museum is
hereby empowered to promulgate rules and regulations for the
implementation of the provisions of this Act, which rules and
regulations shall be given the widest publicity and also shall be given
directly to known collectors, excavators, archaeologists, dealers,
exporters and others affected by this Act. Such rules and regulations
shall be approved by the Secretary of Education."
"Sec. 19. The Museum may collect fees for
registration, licenses, inspections, certifications, authorizations,
and permits in compliance with the provisions of this Act: Provided,
that the objects or materials attempted to be concealed from
registration or those intended to be exported in violation of this Act
or those intended to be exported in violation of this Act shall be
confiscated and forfeited to the Government: Provided, further, that if
the violation is committed by a juridical person, the manager,
representative, director, agent, or employee of said juridical person
responsible for the Act shall be liable to the penalties provided
herein."
"Sec. 20. Penal Provisions. — Any violation of the
provisions of this Act shall, upon conviction, subject the offender to
a fine of not more than ten thousand pesos or imprisonment for a term
of not more than two years or both upon the discretion of the court:
Provided, that objects or materials attempted to be concealed from
registration or those intended to be exported or excavated in violation
of this Act shall be summarily confiscated and forfeited to the
National Museum: Provided, further, that if the violation is committed
by a juridical person, the manager, representative, director, agent, or
employee of said juridical person responsible for the act shall also be
liable to the penalties provided herein."
"Sec. 21. There shall be created a division of
cultural properties in the national Museum clothed with adequate police
power to prosecute violators of this Act."
"Sec. 22. The sum of one hundred thousand pesos
(P100,000) is hereby appropriated annually out of any funds in the
National Treasury, not otherwise appropriated, to carry out the
provisions of this Act."
Section 2. Any provisions of existing law, rules and
regulations inconsistent with the provisions of this Decree are hereby
repealed and modified accordingly.
Section 3. This Decree shall take effect fifteen (15)
days after publication in the Official Gazette. chanroblesvirtualawlibrary
Done in the City of Manila,
this 10th day of January, in the year of Our Lord, nineteen hundred and
seventy-four.
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