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Republic Act No. 8492.
REPUBLIC
ACT NO. 8492
AN
ACT
ESTABLISHING
A NATIONAL MUSEUM SYSTEM, PROVIDING FOR ITS PERMANENT HOME AND FOR
OTHER
PURPOSES.
Section 1. Short title.
— This Act may be known as the "National Museum Act of 1998."
Sec. 2. Declaration
of policy. — It is the policy of the State to pursue and support
the
cultural development of the Filipino people, through the preservation,
enrichment and dynamic evolution of Filipino national culture, based on
the principle of unity in diversity in a climate of free artistic and
intellectual
expression.
Sec. 3. Conversion
of the National Museum. — To implement the above declared State
policies,
and to ensure its independence and autonomy, the present National
Museum
hereafter referred to as the Museum, is hereby converted into a trust
of
the government. The National Museum is detached from the Department of
Education, Culture and Sports and from the National Commission of
Culture
and the Arts. It shall be placed solely for budgetary purposes under
the
Office of the President.
The Museum, as
established
under this Act shall be known by the name of "National Museum,"
and by that name shall be known and have perpetual succession with the
power, limitations, and restriction hereafter contained and no other.
The National Museum
shall
be a permanent institution in the service of the community and its
development,
accessible to the public, and not intended for profit. It shall obtain,
keep, study and present material evidence of man and his environment.
The
National Museum shall inform the general public about these activities
for the purpose of study, education and entertainment.
The primary mission of
the
National Museum shall be to acquire documents, preserve, exhibit, and
foster
scholarly study and appreciation of works of art specimens and cultural
and historical artifacts.
Pending its
reorganization
by the board of trustees, the National Museum shall be composed of the
Museum structure, organization and its collections, properties, assets
and liabilities.
Sec. 4. Permanent
Home; Evidence of title to site and buildings. — The whole
Executive
House Building also known as the old Congress Building, the Department
of Finance building and Department of Tourism building on Agrifina
Circle
shall be the permanent and exclusive site of the Museum. They shall be
known as the National Museum Complex. The Executive House shall now be
known as the "National Museum."
The site and lands
selected
for the building for the Museum shall be deemed appropriated to the
Museum,
and the record of the description of such site and lands, or a copy
thereof,
certified by the Chairman and Secretary of the Board of Trustees, shall
be received as evidence in all courts of the extent and boundaries of
the
lands appropriated to the Museum.
Sec. 5. Preservation
of the Senate Session Hall. — The National Museum shall preserve
the
Senate Session Hall as a tribute to the legacy of the great men and
women
of the Philippine Senate for their invaluable contributions to the
Filipino
people, and as a relic where democracy and freedom reigned and events
of
national significance transpired.
Sec. 6. Objectives.
— The Museum shall have the following objectives:cralaw:red
6.1. As an
educational
institution,
the National Museum shall take the lead in disseminating knowledge of
Filipino
cultural and historical heritage and developing a corps of professional
knowledgeable about the preservation, enrichment and dynamic evaluation
of the Filipino national culture.
6.2. As a scientific
institution,
the Museum shall continue to conduct basic and systematic research
programs
combining integrated laboratory and field work in anthropology and
archaeology,
geology and paleontology, botany, and zoology. It shall maintain
reference
collections on these disciplines and promote scientific development in
the Philippines.
6.3. As a cultural
center,
the Museum shall take the lead in the study and preservation of the
nation's
rich artistic, and cultural heritage, in the reconstruction and
rebuilding
of our past, and the development of the national cultural wealth.
Sec. 7. Duties and function.
— The Museum shall have the following duties and functions:cralaw:red
7.1. Acquire
documents,
collect, preserve, maintain, administer and exhibit to the public,
cultural
materials, objects of art, archaeological artifacts, ecofacts, relics
and
other materials embodying the cultural and natural heritage of the
Filipino
nation, as well as those of foreign origin. Materials relevant to the
recent
history of the country shall be likewise acquired, collected,
preserved,
maintained, advertised and exhibited by the Museum;
7.2. Conduct
researches,
archaeological and scientific, on Philippine flora and fauna; collect,
preserve, identify and exhibit to the public systematically all types
of
plants and animals found in the Philippines, prepare for publication
manuscripts
and scientific papers on them and maintain a reference collection on
such
subjects;
7.3. Document all
objects
held by the National Museum in its collections or borrowed by the
Museum
by registering them in an inventory and cataloguing them, and manage
any
movement of the collections both within the Museum and elsewhere in
such
a way that the Museum is able to locate any object in the collections
at
any time, initially on paper records, but to be converted to
computerized
records on a professional museum documentation system as soon as time
and
budget allow.
7.4. Conduct
researches
on the origin, history and geographic distribution of, and to collect,
preserve, study and exhibit rocks, minerals and fossils of plants and
animals;
maintain a reference collection and to prepare for publication
scientific
studies on them;
7.5. Regulate
registration,
excavation, preservation and exportation of Philippine cultural
properties
through a legal department and customs department which shall be
established
for these purposes;
7.6. Implement the
pertinent
provisions of Presidential Decree No. 374, as further amended, and
other
related laws on the protection and conservation of cultural properties;
7.7. Undertake
research
on salvage archaeology, monitor and control archaeological excavations,
diggings and researches into Philippine pre-history and proto-history;
7.8. Gather,
identify,
reconstruct,
restore and maintain a national archaeological reference collection;
study
archaeological artifacts and ecofacts, with their corresponding data
and
deduce archaeological interpretations;
7.9. Undertake
researches
on the pre-history of the Philippines in order to define the
foundations
of the cultures of the people by conducting systematic and controlled
archaeological
excavations in different sites on land and underwater, and to
supplement
existing historical documentation;
7.10. Collect,
preserve,
restore and exhibit to the public objects of arts;
7.11. Conduct
researches
on Philippine arts and its relations to the arts of other countries and
prepare for publication research papers on them;
7.12. Carry out
researches
among different people of the Philippines to define the ethnography of
each group, to establish the ethnology and to document for posterity
and
exhibit to the public their traditional and existing cultures,
practices
and artistic forms expressive of their culture;
7.13. Collect,
acquire,
identify, reconstruct, restore, preserve and maintain ethnographic
items;
gather their interpretations; mount exhibitions and prepare technical
manuscripts
for publication;
7.14. Maintain a
chemical
and physical laboratory where scientific analysis of materials
recovered
from archaeological and ethnographic sites may be undertaken for their
preservation;
7.15. Plan, organize
and
stage exhibitions in all disciplines covered by the Museum geology,
cultural
properties, zoology, botany, archaeology, arts, anthropology,
restoration
and engineering;
7.16. Plan and
organize
library services, guided tours, lectures, seminars, symposia or
workshops;
7.17. Implement and
enforce
Presidential Decree Nos. 260, 374, 756, 1109, 1492, 996, 1683 and
1726-A;
7.18. Supervise
restoration,
preservation, reconstruction, demolition, alteration, relocation and
remodeling
of immovable properties and archaeological landmarks and sites;
7.19. Disseminate
astronomical
knowledge and information through planetarium shows, lectures and
demonstrations,
exhibits and actual celestial observations;
7.20. Maintain,
preserve,
interpret and exhibit to the public the artifacts in sites of the
Paleolithic
habitation site of the possible earliest man to the Philippines, the
Neolithic
habitation of the ancient Filipino at the Tabon Caves, and other
important
archaeological sites;
7.21. Secure and
receive
bilateral and international grants and endowments to support its
programs/projects.
7.22. Initiate,
promote,
encourage and support the establishment and promotion of, and extend
management,
technical and financial assistance to regional, provincial, city and/or
local museums; and
7.23. Develop and
implement
consortium agreements and linkages with institutions of higher learning
and other organizations engaged in similar researches being undertaken
by the National Museum.
Sec. 8. Board of trustees.
— The business of the Museum shall be conducted at the city of
Manila
by a Board of Trustees to be composed of the Chairmen of the Committees
on Education of the Senate and House of Representatives, the
Chairperson
of the National Commission for Culture and the Arts and seven (7)
representatives
from the private sector. Of the seven (7) representatives from the
private
sector, there shall be included, one (1) distinguished Filipino Artist,
one (1) distinguished Filipino Scientist, and one (1) distinguished
Filipino
historian.
The private sector
representatives
shall be selected on the basis of their demonstrated interest in and
commitment
to arts and culture.
The Director of the
National
Museum is an ex-officio member of the Board of Trustees.
The chairman of the
Board
shall be appointed by the President of the Philippines. The President
shall
be the National Museum's Honorary Chairman and patron.
Sec. 9. Appointment
of trustees. — The private sector representatives shall be
appointed
by the President of the Philippines from a short list nominated by
recognized
NGOs in the Museum and cultural sectors, as well as by prestigious
business
groups.
Of the private sector
representatives,
three (3) shall be appointed for a four-year term; three (3) shall be
appointed
for a two-year term; and one (1) shall be appointed for a one-year term.
They shall all be
eligible
for one reappointment. Appointment to a position vacated due to death,
disability, resignation or any similar cause, shall be for the duration
of said unexpired term only.
Sec. 10. Organization
of board; expenses, gratuitous services; powers. — The Board of
Trustees
shall meet in the city of Manila and elect five (5) of their members as
an executive committee, and shall fix the time for the regular meetings
of the Board; and, on application of any three (3) of the trustees to
the
Director of the Museum, it shall be his duty to call a special meeting
of the Board of Trustees, of which he shall give notice, by letter, to
each of the members. The Board may function notwithstanding vacancies,
and, at any meeting of the Board, six (6) shall constitute a quorum to
do business. Each member of the Board shall be paid his necessary
travel
and other actual expenses, in attending meetings of the Board, which
shall
be audited by the executive committee, and recorded by the Director of
the Museum; but his service as trustee shall be gratuitous.
The Board may establish
such other committees as it may deem proper. The Chairman of any
committee
to be established must be a member of the Board.
The Board is authorized
to adopt an official seal which shall be judicially noticed and to make
such bylaws, rules, and regulations, as it deems necessary for the
administration
of its functions under this Act, including, among other matters, by
laws,
rules and regulations relating to the acquisition, exhibition, and loan
of works of art, the administration of its trust funds, and the
organization
and procedure of the Board.
Sec. 11. Director
of the National Museum; duties; programs and studies; annual report to
Congress. — The Board of Trustees shall appoint the Director of
the
Museum and two (2) Assistant Directors. The Director shall be in charge
of the over-all operations of the Museum and implement the policies set
by the Board of Trustees and programs approved by it. The Director
shall
have a proven track record of competent administration and shall be
knowledgeable
about Museum management.
The Director assisted
by
two (2) Assistant Directors shall be in charge of the expanded
archaeological
sites and the Regional Museum Division of the Museum.
Sec. 12. Acting
Director.
— The Board may, by an instrument in writing filed in the office of the
Secretary thereof, designate and appoint an Assistant Director to act
as
Director when there shall be a vacancy in said office, and whenever the
Director shall be unable to perform the duties of his office due to
illness,
absence, or other cause, and in such case the person so appointed may
perform
all the duties imposed on the Director by law until the vacancy shall
be
filled or such inability shall cease. The Board may change such
designation
and appointment from time to time as the interests of the Museum may in
its judgment require.
Sec. 13. Salary and
removal of Director and Assistants. — The Director and his
assistants
shall, respectively, receive for their services such sum as may be
allowed
by the Board of Trustees; and shall be removed by the Board of Trustees
whenever, in their judgment, the interests of the Museum require such
removal.
Sec. 14. Personnel
training and development. — The Museum shall undertake training
and
development programs to upgrade the capabilities of the Museum
personnel
in the various functions of the Museum.
Apart from the practice
of allowing scholars to train abroad on official time, personnel
involved
in the technical aspects of museology and the graduate programs in the
disciplines of anthropology, archaeology, the arts, botany, geology and
paleontology, astronomy, and zoology, and services related to the
operations
of the Museum, shall be allowed to pursue their graduate programs on
official
time, subject to the needs of the service, upon approval of the
Director.
Sec. 15. Exhibition
unit and central registry unit. — An exhibition department shall be
organized in the Museum that will specialize in the planning, design,
and
execution of quality exhibitions. The services of highly specialized
persons
may be engaged whenever necessary for specific purposes in this regard.
A central registry unit
shall also be established with the objective of ultimately integrating
documentation of all collections into one computerized system.
Sec. 16. Supervision
over regional museums. — Museum branches with ten (10) or more
personnel
and/or high property accountability or cultural value shall be upgraded
to regional museums upon recommendation of the Director of the Museum.
The Director of Museum,
through the Assistant Director, shall have full supervision over
regional
museums and their personnel. The regional museums shall serve as
information
and cultural centers offering comprehensive and substantial collection
of local archaeological finds, objects of art and other local cultural
treasures.
Sec. 17. Reception
and arrangement of specimens and objects of art. — Whenever
suitable
arrangements can be made from time to time for their reception, all
objects
of art and foreign and curious research, and all objects of natural
history,
plants, and geological and mineralogical specimens belonging to the
Philippines,
in whosoever custody they may be, shall be delivered to such persons as
may be authorized by the Board of Trustees to receive them, and shall
be
so arranged and classified in the Museum as best to facilitate the
examination
and study of them; and whenever new specimens in natural history,
geology,
or mineralogy are obtained for the Museum, by exchanges of duplicate
specimens,
which trustees may in their discretion make, or by donation, which they
may receive, or otherwise, the trustees shall cause such new specimens
to be appropriately classed and arranged.
All specimens,
artifacts
and objects of art will be registered immediately upon entry to the
Museum,
and records will be maintained of a objects in the collections or on
loan
to the Museum. An inventory will be kept and updated to reflect any
movement
of objects within the Museum or elsewhere. The objective will be to add
full catalogue entries to the records, based on curatorial expertise.
Records
will initially be kept on paper, but should be computerized in a
professional
museum documentation system as soon as time and budget allow.
Sec. 18. Laboratories
and facilities. — The Museum shall have laboratories and such
other
adequate facilities for the conservation, preservation and storage of
its
collections.
Sec. 19. Protection
of property. — All laws and ordinances for the protection of public
property shall apply to, and be in force for, the protection of the
lands,
buildings, and other property of the Museum.
Sec. 20. Policing
of buildings and grounds; authority to deputize. — The Board of
Trustees
through its secretary, or their authorized representatives, may
designate
employees of the Museum as special policemen, without additional
compensation
for duty in connection with the policing of the buildings and grounds
of
the Museum.
The Museum shall also
have
the authority to deputize the Philippine National Police and the Armed
Forces of the Philippines for the following:cralaw:red
20.1.
protection of
newly
discovered sites from illegal exploitation;
20.2. the reporting
of
discovery
of archaeological sites; and
20.3. the
preservation
of
important archaeological sites in danger of destruction.
Pursuant to this authority,
it shall be obligatory for the local police and civil authorities,
especially
city and municipal mayors and barangay chairmen to report to the Museum
the discovery of archaeological sites. The local police and civil
authorities
are tasked with the duty of preventing illegal exploitation by
unauthorized
persons of discovered sites until such time as the Museum shall have
established
control over them.
Sec. 21. Incentives
for discovery of sites. — The Museum is authorized to provide
incentives
for the reporting of newly discovered archaeological, cultural, and
historical
sites and to devise a system of equitable rewards for verified reports
of significance.
Sec. 22. Appropriation.
— The Museum shall continue to submit and receive its annual budget
from
the general appropriations of the National Government. For this
purpose,
the Secretary shall submit to Congress annually at the beginning of
each
regular session thereof a detailed statement of the expenditures of the
preceding fiscal year, under appropriations for the "National
Museum."
The Museum is
authorized
to include in its estimate of appropriations such sums as may be
necessary
for the preservation of its art collection.
Sec. 23. Museum
Endowment
Fund. — A Museum Endowment Fund is hereby established to be used
for
special programs, projects and activities of the Museum in accordance
with Sec. 7 hereof. This Fund shall be administered directly by the
Board
of Trustees.
For this purpose, the
sum
of Five hundred million pesos (P500,000,000) is hereby appropriated
from
the following sources:cralaw:red
23.1 Two
hundred fifty
million
pesos (P250,000,000) from the annual net earnings of the Philippine
Charity
Sweepstakes Office from its earnings in lotto;
23.2 Two hundred
fifty
million
pesos (P250,000,000) from the annual net earnings of the Philippine
Amusement
and Gaming Corporation (PAGCOR).
Provided, That the
foregoing
appropriations shall be payable in quarterly remittances within a
period
of three (3) years until the amount of Five hundred million pesos
(P500,000,000)
is reached: Provided, further, That the regular operating
budget
of the Museum, including other operational costs such as the
acquisition
of collection materials for the national reference collections,
procurement
of equipment and supplies, studies and research in the various
disciplines
and exhibition of artistic and historical artifacts, shall be provided
for in the General Appropriations Act: Provided, finally,
That only the interest of the above Endowment Fund may be expended for
the special projects and programs.
Donations and bequests
to
the Endowment Fund from the private sector will be exempt from any and
all taxes. The Board of Trustees shall direct the investment of the
Endowment
Fund, and determine annual transfers from its earned interest to the
Museum's
special projects account.
Sec. 24. Disposal
of unappropriated money. — The Trustees are authorized to make such
disposal of any other moneys which have accrued, or shall hereafter
accrue,
as interest upon the Museum, not herein appropriated, or not required
for
the purposes herein provided, as they shall deem best suited for the
promotion
of the purpose of the Museum.
Sec. 25. Exemption
from taxes. — The Museum shall be exempt from paying import taxes
and
tariff duties on all art/display materials and equipment directly used
for the Museum's non-profit programs including but not limited to
books,
art materials, chemicals for preservation and restoration, exhibit and
technical equipment and films.
Donations and legacies
to
the Museum shall be exempt from donor's, estate and inheritance taxes.
The Board of Trustees
shall
recommend to tax authorities the appropriate amount of exemption for
donations
of objects or donations in kind: Provided, That the Board shall refer
to
qualified external evaluators to determine the proper valuation of the
donation.
Sec. 26. Revolving
fund. — The income of the Museum not exceeding the amount of Two
million
pesos (P2,000,000) derived from the proceeds of the sales of
reproductions,
cultural items, publications, creation, restoration, conservation,
identification,
authentication, earnings from planetarium programs, and other auxiliary
services shall be constituted as a revolving fund for the use of the
Museum.
Sec. 27. Merit
system;
salaries; annual report of salaries. — Professional Museum
personnel
with graduate degrees shall be given the rank and benefits of National
Scientists, subject to qualifying standards, equivalent to that
prescribed
in the scientific career merit system of the government.
Museum personnel
belonging
to the scientific career merit system shall be allowed one (1) year of
sabbatical leave for every five years of productive scientific
service.
With the approval of
the
Board, the Museum shall prepare and implement a staffing pattern to
determine
the duties, qualifications, responsibilities and functions as well as
the
compensation scheme for the personnel, for approval by the Department
of
Budget and Management.
The salaries of the
professional
and technical staff of the Museum shall be exempt from the salary
standardization
laws affecting personnel of the civil service.
A report in detail, for
the preceding fiscal year, shall be made to Congress annually of the
salaries
of all officers and employees paid from appropriations under the Museum.
Sec. 28. Appointment
and compensation of officers and employees; exemption from the
attrition
law. — The Board may employ such other officers and employees as
may
be necessary for the efficient administration, operation, and
maintenance
of the Museum: Provided, That the Board may delegate to the
Director
the functions provided in this Sec..
Sec. 29. Exemption
from attrition law. — The National Museum shall not be subject to
the
attrition law.
Sec. 30. Hiring of
foreign consultants. — Subject to the provisions of the Labor Code
and other pertinent legislation, the National Museum may hire foreign
consultants
and experts.
Sec. 31. Health
services.
— The Museum shall be provided with adequate health care services.
Sec. 32. De-accessioning
policy. — The National Museum may provide for a de-accessioning
policy
for the purpose of upgrading its collections.
Sec. 33. The National
Museum shall be allowed to charge admission fees. It shall also be open
on Saturdays, Sundays and public holidays.
Sec. 34. Special
budget
and audit rules applicable to the Museum. — Recognizing the unique
status and special needs of the Museum, the Commission on Audit,
Department
of Budget and Management and the National Museum shall draw up special
rules enhancing and implementing the legislative intention to provide
the
Museum complete and full flexibility and fiscal autonomy in accordance
with generally accepted rules and practices applicable to similar
institutions.
Said rules shall be drafted and promulgated within sixty (60) days from
the effectivity of this Act.
Sec. 35. Penalties.
— In addition to the penalties provided under existing laws, any
person,
including the officers and employees of the museum, found guilty of
violating
any provision of this Act shall be imprisoned for a term not exceeding
two (2) years or a fine not exceeding Ten thousand pesos (P10,000), or
both such imprisonment and fine at the discretion of the court.
Sec. 36. Reorganization.
— With the approval of the Board, the Museum shall have the authority
to
reorganize its structure and staffing pattern in order to carry out its
functions.
The incumbents in the
leadership
structure of the existing National Museum shall automatically be
upgraded
to these analogous positions, with respect to the rest of the
personnel,
they shall be extended automatic reappointment except those who opt to
avail of an early retirement scheme as determined by the Board of
Trustees.
Sec. 37. Repealing
clause. — The provisions of Philippine Legislative Act No. 3477,
Republic
Act No. 4846, Presidential Decree No. 374, Executive Order No. 30,
Presidential
Proclamation No. 913 and other related laws to the extent that they be
inconsistent with this Act, are hereby repealed or amended accordingly.
Sec. 38. Separability
clause. — If, for any reason, any part or provision of this Act is
declared invalid or unconstitutional, the parts or provisions not
affected
thereby shall remain in full force and effect.
Sec. 39. Effectivity
clause. — This Act shall take effect fifteen (15) days following
its
publication in the Official Gazette or in two (2) newspapers of general
circulation, whichever comes first.
Approved:
February 12, 1998
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