FIFTEENTH CONGRESS OF THE +)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

SENATE
Senate Bill No, 2933 SECEIVE”

Introduced by SENATOR EDGARDO J. ANGARA.

EXPLANATORY NOTE

We have recently witnessed controversial, even sensational cases of art forgeries.
Since art belongs to that realm which is within the purview of what we call ‘intellectual
property’, theft of art is one of the most difficult to prosecute or even ascertain.

This bill aims to give more exacting definitions to the crime of art forgery. This
would eliminate much confusion as it clearly spells out the specific act that would
constitute art forgery.

This bill also seeks to create an Art Authentication Board composed of a
Chairman and four members which shall authenticate the works of art so as to ascertain
their originality, It shall have the authority to certify works of art for registration as
mandated by the intellectual property law.

What this bill would seek to accomplish is to erase most of the vagueness,
misinterpretations and loopholes that have plagued cases of art forgeries for years.

In view of the foregoing, approval of this bill is earnestly requested.

Kiko

IGARDO J. ANGARA
Senator



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FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

SENATE

Senate Bill No._ 2033

Introduced by SENATOR EDGARDO J. ANGARA

AN ACT
DEFINING THE CRIME OF ART FORGERY, PROVIDING PENALTIES
THEREOF AND CREATING THE ART AUTHENTICATION BOARD AND FOR
OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the “Art Forgeries Act of
2010”.

SEC. 2. Declaration of Policy, - \t is hereby declared the policy of the state to
protect, conserve, develop and promote, the nation’s cultural heritage, artistic creations

and resources.

SEC, 3. Definition of Terms -

(a) ‘Work of Art? - all original works of art like paintings, sculpture, drawings,
and art work produced in multiples such as graphic and photographic works
and sculpture casts, but shall not include works intended to be mass-produced
for commercial use.

(b) “Art Dealer” - any person or entity who sells or otherwise deals in works of

fine art for profit or gain, such as art galleries, art brokers and agents.

SEC. 4. Art Forgeries. - Art forgeries are committed by any person or entity who
commits any of the following acts:
(a) Affixing or causing to appear an usurped or forged signature or sign on any
work of fine art;
(b) Counterfeiting or imitating any original signature or sign, with intent to
deceive the public or the buyer as to the authorship of a work of art;
(©) Selling, or circulating any work of fine art bearing forged or usurped

signatures or signs;



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(d) Imitating or reproducing any work of fine art with intent to deceive the public
or the buyer as to the authenticity of the work.

SEC. 5. Art Authentication Board. -There is hereby created a Board, to be
known as the Art Authentication Board, composed of .2 Chairman and four (4) members,
who shall be appointed by the President of the Philippines in consultation with the
Presidential Commission on, Culture and Arts. A majority of the Board shall constitute a
quorum to do business, The Board shall decide by a majority vote of all its members. In
case only three (3) members are present, the vote must be unanimous. Members of the
Board shall each be entitled to a per diem and transportation allowances of Five Hundred
Pesos (P500.00) for each Board meeting actually attended by them, but not to exceed
Five Thousand Pesos (P5,000.00) a month.

SEC. 6. Qualification. -The Chairman and the Members of the Board must be
citizens of the Philippines, at least twenty five years of age on the day of their
appointment, of proven competence, integrity, probity and independence of mind, and
holders of a Degree or equivalent training and experience in art conversation, art history,

or visual arts.

“SEC. 7. Tenure of Office. -The Chairman and the members shall be appointed by
the President for a term of three (3) years, Appointment to any vacancy shall be only for

the unexpired term of the predecessor.

SEC. 8. Prohibition. - No member shall directly or indirectly engage in any
business dealing with work of fine art such as, but not limited to, art galleries and art

dealerships.

SEC. 9. Powers and Functions of the Board. - The Board shall have the
following powers and functions:

(a) To verify and certify as original any work of fine art submitted to it for
authentication, and to issue the corresponding certificates of authentication;

b) Upon proper verification, to accept for registration of all original works of fine
art submitted by the creator or author;

(c) To impose and collect authentication and registration fees, and other
appropriate fees as it may prescribe;

(a) To accredit art galleries and art dealers subject to the rules and regulations

prescribed by the Board;


(e) To initiate investigation and recommend prosecution of all persons who may
have violated the provisions of this Act;
(Q) To promulgate rules and regulations for the proper implementation of the
provisions of this Act;
- (g) To impose fines and sanctions for violation of its rules and regulations;
(hyTo perform such other acts as may be necessary to carry out the objectives and

purposes of this Act.

SEC. 10. Penalties. - Any person who commits any of the acts enumerated in
Section 4 of this Act shall be punished with imprisonment of not less’ than six(6) years
nor more than twelvé (12) years and a fine of not less than Five Thousand Pesos
(P5,000,00) nor more than Fifty Thousand Pesos (P50,000.00).

If the acts are committed by a corporation, partnership, or any other judicial
entity, the penalty provided herein shall be imposed on its chief executive officer and/or
other officials responsible therefore. If the acts are committed by the art dealers or the
owners or operators of art galleries, they shall suffer, in addition to the penalties

provided, the automatic revocation of their license to operate such.

SEC. 11. Transfer of Functions. - All existing offices performing exclusively the
same functions and powers as the Board are hereby abolished, and their powers,
functions, funds, appropriations, records, equipment and other properties shall be
transferred to the Board. Personnel of said abolished offices shall as far as practicable be
absorbed by the Board. For those who may be separated from the service by reason of the
implementation of this Act., they shall be entitled to separation benefits provided for by
existing laws. The panel of experts created under Republic 36 Act 4846, as amended by
Presidential Decree No. 374, shall continue to exist for the sole purpose of authenticating
works of art to be donated to the national Museum.

SEC. 12. Appropriation - - For the operations of the Board, there is hereby
appropriated the sum of Five Million Pesos ( P5,000,000.00) annually which shall form
part of the budget of the Office of the President.

SEC. 13. Separability Clause. - If any part ot provision of this Act shall be held
unconstitutional or invalid other provisions hereof which are not affected thereby shall

continue to be in full force and effect.

SEC. 14. Repealing Clause. - All laws, executive orders, decrees, rules and
regulations or parts thereof, contrary to or inconsistent with the provisions of this Act are

hereby repealed, amended, or modified accordingly.


Awkon

SEC. 15. Effectivity Clause. - Thus Act shall take effect after fifteen (15) days
following its publication in the official Gazette or in at least two (2) national newspapers

of general circulation.

Approved,