THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
~ ) 
First Regular Session 
1 
Introduced by Senator Jinggoy Ejercito >Estltada 
5 
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EXPLANATORY NOTE 
During the past years a number of pieces of art, even entire collections, which 
are priceless not only due to their market value but also and more so, due to their 
historical importance, have been acquired, directly of indirectly by the Government, its 
officials, agencies, or instrumentalities with the use of public funds and without 
complying with the registration requirements. During these years, these priceless arts 
have been from one office to another so that today, their exact whereabouts could not 
easily be ascertained. It is necessary for the protection and preservation of our country's 
historical cultural encouragement of private participation, that a search and geheral 
registration of these priceless cultural properties be made immediately. All historical 
pieces so located by the search committee in the possession of government offices of 
officials, must be duly authenticated and must be brought and displayed for the cultural 
enrichment of and appreciation by the Filipino people. 
This bill also seeks to fully protect historical pieces in the possession of or 
owned by private individuals or entities against illegitimate art dealers and exporters 
who do not hesitate to trade stolen pr fake articles by providing for a system of 
registration and authentication by the MuseQm. 
Further, the bill introduces measures to ensure that the excavation of the cultural 
properties in undertaken by competent individuals and that applications for permits to 
explore and excavate are done only by the proper scientific personnel. 
For the foregoing reason, the early approval of this bill is earnestly sought. 
DA 
Senator 


THIRTEENTH CONGRESS OF THE 
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Jfjjd 30 Rl :: 1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Jinggoy Ejercito Edtrada 
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AN ACT 
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FORTY-EIGHT 
HUNDRED AND FORTY-SIX (4846), AS AMENDED, OTHERWISE KNOWN AS THE 
"CULTURAL PROPERTIES PRESERVATION AND PROTECTION ACT" 
Be it enacted by the Senate and House of Represenfafives of the Philippines in 
Congress assembled 
SECTION 1. Section 5 of Republic Act No, 4846, as amended, is hereby further 
"SEC. 5. The Director of the Museum, hereinafter referred to as the 
amended to read as follows: 
Director, shall undertake a census of the important cultural properties of the 
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] INCLUDING THE GOVERNMENT, ITS BRANCHES, SUBDIVISIONS, 
AGENCIES 
AND 
INSTRUMENTALITIES, 
GOVERNMENT-OWNED 
OR 
CONTROLLED CORPORATIONS AND THEIR SUBSIDIARIES in possession of 
[these items,] SAID PROPERTIES shall be requir4d to register [their collections] 
THEM with the Museum [when required by the Director] WITH THIRTY (30) 
DAYS UPON THE APPROVAL OF THIS ACT and to the same office [when 
required by the Director] any new acquisitions, sale, or transfer thereof WITHIN 
FIFTEEN (15) DAYS FROM DATE THEREFROM. 
SEC. 2. The same Act as amended, is hereby further amended by incorporating 
five (5) new sections after Section 5 to be known as Sec, 5-A, Section 5-B. Sec. 5-C, 
Sec. 5-D and 5-E which shall read as follows: 
"SEC. 5-A.. THE DIRECTOR SHALL UNDERTAKE OR CAUSE TO BE 
UNDERTAKEN, BY HIMSELF OR THROUGH HIS DULY AUTHORIZED 
REPRESENTATIVES WHO ARE 
KNOWN EXPERTS ON CULTURAL 
PROPERTIES A GENERAL SEARCH OF CULTURAL PROPERTIES NOT 
DULY REGISTERED WITH THE MUSEUM: PROVIDED, THAT IN THE 


EXERCISE OF ITS FUNCTIONS THE PROVlSlO S OF SECTIONS 6 AND 7 
HEREUNDER SHALL BE OBSERVED. NO PERSON ENGAGED, DIRECTLY 
OR INDIRECTLY IN CULTURAL PROPERTIES TRADING SHALL BE 
DEPUTIZED UNDER THIS SECTION. ANY CULTURAL PROPERTY SO 
LOCATED BY THE SEARCH COMMITTEE SHALL BE IMMEDIATELY 
BROUGHT TO THE MUSEUM, FOR REGISTRATION AND ENTRY INTO ITS 
RECORDS, AT THE EXPENSE OF THE OWNER. 
“SEC. 5-B. PUBLIC OFFICIALS AND/OR GOVERNMENT OFFICES NOT 
ENGAGED PRIMARILY IN CULTURE AND ARTS SHALL NOT BE ALLOWED 
TO ACQUIRE A COLLECTION A COLLECTION OF CULTURAL PROPERTIES 
USING PUBLIC FUNDS. SAID PUBLIC OFFICIALS AND/OR GOVERNMENT 
OFFICES MAY PURCHASE PHILIPPINE CULTURAL HERITAGE ITEMS, 
PROVIDED THERE IS PRIOR PERMIT ISSUED BY THE DIRECTOR AND 
SUBJECT TO REGISTRATION AS HEREINABOVE STATED. 
“SEC. 5-C ALL CULTURAL PROPERTIES PRESENTLY IN THE 
POSSESSION 
OF 
THE 
GOVERNMENT, 
ITS 
AGENCIES 
AND 
INSTRUMENTALITIES, 
INCLUDING 
GOVERNMENT-OWNED 
OR 
CONTROLLED CORPORATIONS AND THEIR SUBSIDIARIES, SHALL BE 
CONTROLLED CORPORATIONS AND THEIR SUBSIDIARIES, SHALL BE 
PRESUMED TO HAVE BEEN ACQUIRED WITH THE USE OF PUBLIC FUNDS 
AND THEREFORE THEIR POSSESSION SUBJECT TO THE AUTHORITY OF 
THE DIRECTOR OF THE NATIONAL MUSEUM. 
“SEC. 5-D PRIVATE CULTURAL PROPERTIES DULY REGISTERED 
WITH THE MUSEUM SHALL BELONG TO THE PRIVATE OWNER BUT THE 
SAME SHALL FACILITATE THEIR DISPLAY AT THE NATIONAL MUSEUM OR 
IN SUCH OTHER PLACES AS THE DIRECTOR MAY DETERMINE, 
WHENEVER SPECIAL OCCASIONS OF NATIONAL INTEREST MAY SO 
REQUIRED: PROVIDED, THAT DURING SUCH DISPLAY, ADEQUATE 
INSURANCE 
COVERAGE 
AGAINST 
LOSS, 
DESTRUCTION 
AND 
DETERIORATION SHALL BE TAKEN BY THE MUSEUM IN FAVOR OF THE 
OWNER AND ACTUAL SECURITY AND PROTECTIVE MEASURES SHALL BE 
EMPLOYED BY THE GOVERNMENT, THROUGH THE NATIONAL MUSEUM, 
SHALL 
HELP, 
MAINTAIN, 
SECURE, 
PRESERVE 
AND 
RESTORE 
REGISTERED CULTURAL TREASURES AS THE NEED OF THE PRIVATE 
OWNER MAY REQUIRE: PROVIDED, THAT IN CASE OF THE INSURANCE 
REQUIREMENTS, THE MUSEUM SHALL AVAIL OF PRIVATE INSURANCE 
AGENCIES ACCEPTING NON-LIFE INSURANCE. 


“SEC. 5-E ANY CULTURAL PROPERTY TO BE REGISTERED WITH 
NATIONAL MUSEUM SHOULD HAVE ITS PROVENANCE VERIFIED. ONLY 
CULTURAL PROPERTIES WHOSE 
SOURCE ARE 
LEGAL CAN BE 
REGISTERED. LEGAL SOURCES, FOR THIS PURPOSE, MEANS THAT THEY 
COM FROM LEGAL EXCAVATIONS, TRADE AND EXCHANGE.” 
SEC. 3. Section 6 of the Republic Act No. 4846, as amended, is hereby further 
“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 
amended to read as follows: 
competent men in the specialized fields of anthropology, natural sciences, history 
and archives, fine arts, philately and numismatics, and shrines and monuments, 
ETHNOGRAPHIC MATERIALS AND ARTIFACTS AND THE LIFE. Each panel 
shall, after careful study and deliberation, AND AFTER DUE CONSULTATION 
WITH VARIOUS 
GROUPS AND/OR 
INDIVIDUALS KNOWN IN THE 
SPECIALIZED FIELD TO 
WHICH 
THE 
ITEM OR 
ITEMS UNDER 
CONSIDERATION PERTAIN, decide which among the cultural properties in their 
field of specialization shall be designated as National Cultural Treasure or 
Important Cultural Properties. The Director is further authorized to convene 
panels of experts to declassify designated National Cultural Treasurers. 
The Director shall within ten (IO) days of such action by the panel transmit 
their decision and cause the designation-list to be published in at least two (2) 
newspaper of general circulation. The same procedure shall be followed in the 
declassification of important cultural properties and national treasures. 
SEC. 4. Section 7 of the same Act, as amended, is hereby further amended to 
read as follows: 
(a) 
Before the actual designation, the owner if the property is privately- 
owned, shall be notified at least fifteen (15) days prior of the intended 
designation, and 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 
(30) 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 consideration filed 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] THE DIRECTOR 
WHO SHALL THEN CONVENE ANOTHER PANEL HEADED BY HIM AS EX- 
OFFICIO CHAIRMAN COMPOSED OF F 
(5) MEMBERS ALL OF WHOM 
SHALL BE KNOWN EXPERT IN THE 
PECIALIZED FIELD INVOLVED 
COMING FROM THE FOLLOWING: T 
IT: PHILIPPINE HISTORICAL 
INSTITUTE, PCCA, 
ASSOCIATION OF PRIVATE MUSEUM AND/OR 
FOUNDATION, ASSOCIATION OF ART DEALERS AND ASSOCIATION OF 
ART GALLERIES. 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. 
Designated “National Cultural Treasures” shall be adequately and 
properly marked, described and photographed by the National Museum. [The] 
PRIVATE owner retains ownership and possession of the same but the Museum 
shall keep a record containing such information as: name of article, owner, 
period, source, location, condition, description, photograph, identifying marks, 
approximate value, and other pertinent data.” 
(c) 
SEC. 5. Section 8 of the same Act, as amended, is hereby further amended to 
“SEC. 8 National Cultural Treasures shall not change ownership, except 
by inheritance or sale duly approved by the Director of the National Museum, 
without the prior notification to and notations made by the Museum in the records 
AND ONLY WHEN NATIONAL INTEREST SO ALLOWS. 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] THE NATIONAL MUSEUM SHALL ASSUME CUSTODIANSHIP OF 
THE NATIONAL CULTURAL TREASURE.” 
read as follows: 
SEC. 6. The same Act is further amended by inserting after Section 12 thereof 
the following new sections, to be known as Sec. 12-A, Sec. 12-8, Sec. 12-C, Sec. 12-0, 
Sec. 12-E and Sec. 12-F which shall read as follows: 
“SEC. 
12-A. THE MAYOR AND THE CHIEF OF POLICE OF CITIES AND 
MUNICIPALITIES IN WHOSE TERRITORIAL JURISDICTION, A DISCOVERY 
OF ARCHAEOLOGICAL AND HISTORICAL ARTIFACT§ IS MADE, §HALL 
REPORT TO THE NATIONAL MUSEUM SUCH DISCOVERY WITHIN FIFTEEN 
(15) DAYS AFTER HAVING OBTAINED KNOWLEDGE OF SUCH DISCOVERY. 
THE MAYOR SHALL DIRECT THE LOCAL POLICE TO PROTECT SUCH 


SEC. 7. Section 16 of the same Act, as amended, is hereby further amended to 
read as follows: 
“SEC. 16. All dealers AND/OR EXPORTERS of cultural properties shall 
secure a license as a dealer AN/OR EXPORTER in cultural properties from the 
Director of the National Museum. SAID DEALER 
AND/OR EXPORTERS 
SHALL SUBMIT A QUARTERLY INVENTORY OF 
ITEMS CARRIED 
TOGETHER WITH A HISTORY OF EACH ITEM: PROVIDED, THAT FAILURE 
TO SUBMIT TWO (2) CONSECUTIVE REPORTS SHALL BE A GROUND FOR 
CANCELLATION 0 F LICENSE. ” 
SEC. 8. Section 18 of the same Act, as amended, is hereby further amended to 
“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 other affected by the Act. [such rules and regulations shall be 
approved by the Secretary of Education.] THE DIRECTOR IS HEREBY 
FURTHER EMPOWERED TO DEPUTIZE THE MILITARY, POLICE, CUSTOMS, 
IMMIGRATION 
AND 
DEPORTATION 
AND 
OTHER 
GOVERNMENT 
AGENCIES, PRIVATE MUSEUMS, FOUNDATIONS AN LIKE ENTITIES FOR 
THE FULL IMPLEMENTATION OF THIS ACT.” 
SEC. 9. Section 19 of the same Act, as amended, is hereby further amended to 
“SEC. 19. The Museum may collect fees for registration, licenses, 
inspections, certifications, authorization and permits in compliance with the 
provisions of this Act: Provided, That the objects of materials attempted [to be 
concealed from registration 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 the 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.” 
read as follows: 
read as follows: 
SEC. I O .  Section 20 of the $pme Act, as amended, is hereby further amende to 
read as follows: 
“SEC. 20. [Penal Provisions] - Any violation of this Act shall, upon 
conviction, subject the offender to a fine of not [more than Ten Thousand pesos] 
LESS THAN FIFTY THOUSAND PESOS (P50,OOO.OO) NOR MORE THAN TWO 
HUNDRED THOUSAND PESOS (P200,OOO.OO) or imprisonment for a term of 


DISCOVERED SITES TO PREVENT ILLEGAL EXPLOITATION UNTIL SUCH 
TIME AS THE NATIONAL MUSEUM HAVE ASSUMED CUSTODY AND 
CONTROL OF SUCH SITES. 
“SEC. 12-B. THE NATIONAL MUSEUM IS HEREBY AUTHORIZED TO 
DEPUTIZE NATIONAL POLICE AUTHORITIES AND THE ARMED FORCES OF 
THE PHILIPPINES IN SPECIFIC LOCALITIES TO ASSIST 
IN THE 
PROTECTION OF IMPORTANT ARCHAEOLOGICAL SITES THAT ARE IN 
DANGER OF DESTRUCTION. 
“SEC. 12-C THE NATIONAL MUSEUM SHALL MONITOR AND 
REGULATE RESEARCHERS IN THE FIELD OF ARCHAEOLOGY AND 
ANTHROPOLOGY BY 
FOREIGN RESEARCHERS AND 
SCIENTISTS. 
FOREIGN ARCHAEOLOGISTS AND ANTHROPOLOGISTS SHALL OBTAIN 
PERMITS FROM THE NATIONAL MUSEUM TO CONDUCT RESEARCH IN 
THESE FIELDS IN THE PHILIPPINES. THE NATIONAL MUSEUM SHALL 
INSTITUTE AND FORMULATE RULES AND REGULATIONS TO IMPLEMENT 
THIS PROVISION. 
“SEC. 12-D ALL CONSTRUCTIONS WHICH INVOLVE MASSIVE EARTH 
MOVING ACTIVITIES 
SHOULD PROCURE A CLEARANCE FROM THE 
NATIONAL MUSEUM TO ENSURE THAT NO ARCHAEOLOGICAL SITE WILL 
BE DAMAGED IN THE CONSTRUCTION. THE EXPENSES TO BE INCURRED 
IN THE SURVEY, IF NECESSARY, SHALL BE BORNE BY THE COMPANY OR 
ENTITY UNDERTAKING THE CONSTRUCTION. 
“SEC. 12-E (A) THE NATIONAL MUSEUM MAY ISSUE A PERMIT TO 
EXPLORE FOR AN AREA NOT TO EXCEED THIRTY (30) MINUTES OF 
LONGITUDE AND THIRTY (30) MINUTES OF LATITUDE. 
(B) NO APPLICATION MAY BE GRANTED FOR MORE THAN TWO 
AREAS DESCRIBED IN ITEM (A) FOR EXPLORATION AT ANY ONE TIME. 
(C) PERMIT TO EXPLORE SHALL NOT OVERLAP WITH EXISTING 
PERMITS IN TERMS OF AREA COVERED. 
(D) PERMITS TO EXPLORE SHALL BE FOR A PERIOD OF ONE (I) 
YEAR ONLY, RENEWABLE FOR ANOTHER YEAR. 
“SEC. 12-F. (A) PERMIT TO EXCAVATE SITES ARE TO BE GIVEN 
ONLY TO SPECIFIC SITES LOCATED BY GIVEN LATITUDES AND 
LONGITUDES TO THE NEAREST DEGREE. 
(B) PERMITS TO EXCAVATE SHALL BE FOR A PERIOD OF ONE (1) 
YEAR, AND RENEWABLE FOR ANOTHER YEAR. 
(C) NO APPLICANT MAY BE GIVEN MORE THAN ONE (1) 
EXCAVATION PERMIT AT ANY GIVEN TIME. 


b 
[not more than two years] NOT LESS THAN TWO (20 YEARS NOR MORE 
THAN EIGHT (8) YEARS or both upon the discretion of the court: Provided, That 
objects or materials attempted [to be concealed from registration] or 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 be liable to the 
penalties provided therein: PROVIDED, FURTHERMORE, THAT IF THE 
VIOLATION IS COMMITTED BY A FOREIGN NATIONAL, SAID NATIONAL 
SHALL BE DEPORTED FORTHWITH AFTER HE HAD DULY SERVED HIS 
SENTENCE. 
SEC. 1 I. 
The sum of Ten million pesos (PI 0, 000,000.00) is hereby appropriated 
out of ant funds in the National Treasury, not otherwise appropriated, to carry out the 
provisions of this Act. 
SEC. 12. All laws, rules, and orders inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly. 
SEC. 13. This Act shall take effect fifteen (15) days after its publication in two (2) 
newspapers of general circulation. 
Approved,