SENATE 
S.B. No. 
Introduced by Senator Jinggoy Ejercito Estrada ., 
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EXPLANATORY NOTE 
On the remains of Raja Soliman’s town, the Spaniards founded a city in 1971 
and enclosed it with thick stone walls and a moat. This walled city has been known as 
Intramuros. Originally a protective enclosure for Spaniards, nineteenth-century 
lntramuros became the home of many wealthy, native Filipinos. With its many ancient 
churches, schools and palaces, lntramuros was the heart of the archipelago until World 
War II when the American artillery ‘and Japanese grenades destroyed these historic 
walls. 
In Tutuban, the Railway Station remains an Industrial-Age landmark in Tondo, 
Manila as it is one of the few remaining examples of “semi-Victorian Neoclassical” 
architecture of the 1880’s. 
The Manila Hotel, built by American William E. Parsons in 1912, is the most 
historic hotel in the country-the scene of the lavish events of Filipino society and the 
Commonwealth government, until it was almost fully destroyed during World War II. In 
1975, Architect Leandro Locsin restored and extended the hotel, respecting the 
architecture of the hotel’s historical past, while expressing the values of modern 
Filipinos. 
In 1939, American architect Welton Becket designed and built the old Jail Alai 
building, located along Taft Avenue in Manila. It was one of the oldest Philippine 
structures which embody national patrimony and stood as an important example of our 
heritage that characterizes art deco architecture, a style of the thirties. 
The lntramuros Tutuban Railway Station, Manila Hotel, the old Jai Alai Building, 
as well as the Metropolitan Theater and Rizal Park in Manila, form significant portions of 
our heritage and represents elements of the nation’s cultural, social, economic, and 
political history. 


Over the years, however, many of these significant sites and structures have 
disappeared under the wrecker’s ball. The old Jai Alai building was torn down to give 
way to the construction of the new Hall of Justice. Rizal Park, a place devoted in honor 
of our National Hero, the great Dr. Jose Rizal, is now under the threat of 
commercialization with the establishment of fast food chains and restaurants. 
Essentially, buildings, districts, cultural landscapes and built heritage are in 
danger of being destroyed by the ravages of time, unhampered urban development and 
other factors of modern living. Development projects are being undertaken without 
considering the historical value of the places. 
Hence this bill. This proposed measure seeks to conserve, promote, and 
popularize the nation’s historical and cultural heritage and resources, as well as artistic 
creations. The bill seeks to establish the National Landmarks Council which shall 
undertake initiatives that would preserve built heritage as part of our tangible culture for 
the enjoyment of future generations and to foster pride in Filipino artistry and ingenuity. 
There are still many places in the country which should be remembered or their 
historical, natural, and cultural significance. Yet there are no landmarks that will remind 
and educate the people of their importance. Thus, the bill mandates the Council to 
cause an appropriate marker to be attached to the structure of work proclaiming its 
significance. 
Sites, structures, properties and/or landscapes, whether natural or manmade 
shall be declared as “national landmark” by the Council pursuant to procedures 
prescribed herein, that are worthy of rehabilitation, restoration and preservation 
because of their historic, cultural and architectural significance to Philippine society. An 
Endowment Fund shall be created for the sole purpose of conserving, restoring, 
preserving , and protecting these national landmarks. 
We have witnessed the demolition and destruction of so much of our heritage 
and historic districts through wars and calamities and mostly by human hands and 
apathy. And believing that the preservation and conservation of built heritage creates 
awareness and pride in Philippine culture and history essential to the strengthening of 
the national identity, there is an urgent need for legislation which would protect our 
country’s historic and landmark buildings, district and sites. 


In view of the foregoing, the immediate consideration and approval of this 
proposed measure is earnestly sought. 


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THIRTEENTH CONGRESS OF THE 
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First Regular Session 
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REPUBLIC OF THE PHILIPPINES 
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Introduced by Senator Jinggoy Ejercito Estrada 
AN ACT 
PROVIDING FOR THE PROTECTION, PRESERVATION AND RESTORATION OF 
NATIONAL LANDMARKS, ESTABLISHING THE NATIONAL LANDMARKS 
COUNCIL FOR THE PURPOSE, PROVIDING FUNDS THEREFOR, AND FOR OTHER 
PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Shod Tifle. This Act shall be known as the "National 
Landmarks Conservation Act of 2004." 
SECTION 2. Declaration of Principle. - It shall be the policy of the state to 
conserve, promote, and popularize the nation's historical and cultural heritage and 
resources, as well as artistic creations. All the country's artistic and historic wealth 
constitute the cultural treasure of the nation and shall be under the protection of the 
State which may regulate its disposition. Pursuant to the mandate of the Constitution 
the State shall hereby undertake endeavors that embody that various facets of 
Philippine culture. . 
SECTION 3. Definition of Terms. - For the purposes of this law, the following 
terms are defined: 
I. Architectura/ Sfyle is the mode of the landmark which distinguishes the 
same from designs and craftsmanship of other periods, types, methods of 
construction, such as the use of indigenous materials; 
2. Cultural Significance is the extreme beauty, unique location or singular 
physical characteristics which makes the same recognized as a national icon; 


3. 
4. 
5. 
6. 
Historical lmportance is the attribute of a landmark which makes the same 
as significant part of the national or local history, as may be determined by 
the National Historical Institute, or as independently declared by the Council 
as mandated under this Act; 
National ' Landmark are sites, structures, properties, and landscapes, 
whether natural or manmade, designated as such by national legislation 
pursuant to procedures prescribed herein, that are worthy of rehabilitation, 
restoration, and preservation because of their historic , cultural and 
architectural significance to Philippine Society; 
Technological, engineering or construction expertise is the attribute of 
the landmark which embodies the highest technology or craftsmanship of an 
era; and 
Utilitarian structure is the unique framework for which the landmark is 
known, such as but not limited to farmhouses or other vernacular architecture, 
gas stations, stadia, warehouses, commercial structures, lighthouses, and 
other such structures with a high level of architectural significance. 
SECTION 4. National Landmarks Council. - The National Landmarks Council, 
is hereby created to establish and implement policies for the protection, preservation, 
conservation, recognition and identification of significant landmarks. The Council shall 
be mandated to act as the lead agency in the development of such landmarks, in 
cooperation with concerned government and non-government agencies. 
SECTION 5. Composition of the Council. - The Council shall be composed of 
the following members who shall hold the corresponding positions: 
a. The Secretary of the Department of Tourism, in his ex-officio capacity as 
Chairman of the Council; 
b. The Chairman of the National Commission for Culture and the Arts (NCAA), 
in his ex-officio capacity as Vice Chair; 
c. The Chairman of the National Historical Institute (NHI) , in his ex-officio 
capacity as Secretary; 
d. The Secretary of the Department of Interior and Local Government (DILG), in 
his ex-officio capacity as member; 
e. The Executive Director of the National Museum, in his ex-officio capacity as 
mem ber; 
f. The Executive Director of the Council, who shall be appointed under this Act 
as member; 


g. The Chairman of the Commission for Cultural Heritage of the United Nations, 
Educational Scientific Cultural Organization (UNESCO), as member; and 
h. Four (4) members from the private sector who shall be appointed by the 
President from any of the various concerned non-government organizations, 
including professional associations. 
The non ex-officio members of the Council shall serve their term for six (6) years 
and shall receive per diem for actual attendance I the meetings of the Council, subject 
tu pertinent government rules on accounting, auditing, and to rates in accordance with 
existing laws. 
SECTION 6. Powers and Functions of fhe Council. The Council shall +have 
the following powers and functions: 
(a) Establish a Secretariat under the Executive Director for the implementation of 
(b) Set up a system of networking, coordination and nation-wide implementation 
of preservation, conservation, restoration of landmarks and other policies 
through the respective local government units, in coordination with private 
sector organizations; 
policies and administrative operations; 
(c) Generate resources from both private an government agencies, both 
international and local, for its operations as well as for the National 
Landmarks Endowment Fund, as hereby created and herein after referred to 
as the Endowment Fund; 
(d) Serve as a conduit for all international government funding for the protection, 
conservation and restoration of national landmarks; Provided, that, pertinent 
rules and regulations shall be issued by the Council for administration of all 
funding including the Endowment Fund; 
(e)Administer the Endowment Fund and give grants for the protection, 
preservation, conservation, reconstruction and restoration of national 
landmarks; 
(f) Establish and maintain the National Landmark Register, as hereby created 
under this Act, administer land oversee the listing of sites therein, as well as 
conduct ,public consultations to determine which sites, places, cultural 
landscapes or other such built heritage shall be included therein ;Provided, 
that, the Council shall promulgate the necessary rules and regulations 
pursuant to the selection of listings in the Register; 


(9) Monitor and ensure the enforcement of laws, rules and regulations in the 
protection, preservation, conservation, reconstruction and restoration of listed 
sites; 
with the national and local governments in relation to government utilization of 
such sites and structures; 
(h) Advise the President on all matters relating to built heritage, and coordinate 
(i) Maintain national and international institutional linkages; 
(j) Review and propose protective zoning and assist in the creation of special 
zoning laws and ordinances to appropriate authorities in relation to built 
heritage; 
reconstruction work; Provided, that all such undertakings, be it by the national 
or local government, shall be subjected to these standards; 
(k) Set and promote national standards for restoration, conservation and 
(I) Educate the public and create greater awareness on built heritage, and 
pursuant to this shall undertake to provide the Department of Education 
Culture and Sports and the NCAA with copies of the Register and other 
important data on built heritage; 
necessary to implement this Act. 
(m)Promulgate rules, regulations and undertake any and all measures 
In addition to aforementioned duties, each ex-officio member of the Council shall 
ensure the coordination and cooperation of his or her respective agency in the 
implementation of the Council’s established policies. 
SECTION 7. The Secretariat land the Executive Director. Within one hundred 
twenty (120) days from the approval of this Act, the Council shall organize a Secretariat 
to be headed by an Executive Director, who must be either an architect, engineer or 
member of the Integrated Bar of the Philippines, and must have at least ten (IO) years 
experience in his chosen profession. Furthermore, the Executive Director must possess 
utmost integrity and good moral character. He shall be appointed by the President, 
provided that the President shall take into consideration the recommendations of the 
private sector representative of the Council. 
SECTION 8. 
National Landmarks Endowment Fund. 
The National 
Landmarks Endowment Fund is hereby established exclusively for the purpose of 
conservation, restoration, preservation, reconstruction and protection of national 
landmarks, and all activities pursuant thereto: 


The Endowment Fund shall be sourced from the following: 
I) 
The amount of two hundred fifty million pesos (P250,000,000.00) as seed 
capital shall be taken from the Philippine Amusement and Gaming 
Corporation (PAGCOR), at the rate of ten million pesos a month for twenty- 
five (25) months; Provided, that no grant shall be awarded from the 
Endowment Fund except from the interest drawn from the same; Provided, 
further, that no grant shall be awarded until one (I) 
year from the 
establishment of the Endowment Fund; and 
2) Five percent (5%) from the annual allotment of the travel tax given to the 
Philippine Tourism Authority. 
Other government corporations, such as the Government Service Insurance 
System, the Social Security System, are authorized to give grants to the Endowment 
Fund at their discretion. Private persons, or corporations may likewise donate to the 
Endowment Fund: Provided, that such contributions are subject to tax deductions or 
exemption pursuant to the provisions of the National Internal Revenue Code. 
SECTION 9. National Landmark Register. - The Council shall establish the 
National Landmark Register, herein after referred to as the Register, which shall list all 
landmarks with any of the following attributes: 
1. Historical Importance; 
2. Character; 
3. Distinct Agricultural Style; 
4. National Artist's Work 
5. Architectural Significance; 
6. Technological, engineering or construction expertise; 
7. Viability; 
8. Cultural landscape; 
9. Unique utilitarian structures; and 
I O .  Other significant attributes as determined by the Council. 
SECTION IO. Markers. - The Council shall cause an appropriate marker to be 
attached to the structure or work proclaiming its significance. 


SECTION 1 1. 
Obligations of Owners and Possessors of Regisfered 
Landmarks, The owners and possessors of the landmarks or structures included in the 
Registry shall be ensured of the maintenance, protection and continued structural 
integrity of such landmarks. Any changes, alterations, deviations to be made by the 
owners or possessors of registered landmarks on the original structure must be cleared 
with the Council, which shall issue the necessary permits and clearances after 
inspection and study of the structure and its proposed designs. 
If the owners or possessors of registered landmarks refuse, by his act or 
omission, to abide by the provisions; of this Act, or in any manner violate section 12 of 
this Act, the Council shall undertake !expropriation proceedings on the subject property. 
Failure to recompense the Council within a period of five years shall entitle the Council 
to alienate the property or work inlfavor of a third person who shall undertake the 
possession and/or ownership of the isubject property or work after full restitution to the 
Council of the amount expended on the structure including legal interest on the full 
amount, and any expenditures for rentals. The third party must qlso compensate the 
owner and or the possessor of the property or work in accordance with registered 
property values. 
SECTION 12. 
Stages of Protection on Regisfered Landmarks. - Any 
changes made on registered property must be subject to the clearance of the Council: 
Provided, that changes shall be allowed by the Council after inspection and 
determination of applicability, and upon determination of the level of protection enjoyed 
by the subject registered work. The Council shall issue the necessary clearance and 
permits appurtenant thereto. 
SECTION 13. 
Cound-restored and reconsfrucfed Landmarks. - The 
owner or possessor of a registered landmarks has the primary responsibility for the 
restoration, repairs, maintenance, and conservation of the subject landmark; Provided , 
that after notice to the owners or possessors of the subject property, the landmark is 
allowed to deteriorate or otherwise not conserved , repaired or maintained in 
accordance with the standard set by the Council, the Council shall undertake the 
necessary repairs, maintenance, conservation or restoration work. Pursuant to this, the 
Council shall have a lien on the subject, structure, and/or land, if applicable , in the 
amount expended for the necessary work on the structure. 


, 
The Council shall notify the Register of Deeds or other such authority, or any 
work, that is to be undertaken on registered works, even prior to the commencement of 
such work for the protection of innocent parties. 
SECTION 14. Penal Provision. Destruction, demolition, restoration, renovation, 
or any changes or alterations or deviations from the original structure, or any 
construction work on the original structure without the written authority of the Council 
shall be penalized by imprisonment from six months to one year, of a fine of twenty-five 
thousand pesos (P25,OOO.OO) 
for each act in violation of this provision. 
SECTION 15. Review. - The listings in the Register shall be subject to review 
every five years by the Council. They may withdraw a structure from the Register, after 
deliberation, subject to the standards in Section 9 of this Act. 
SECTION 16. - Applicabilify. - This law shall be applicable to all registered 
works, whether owned or possessed by the government of private persons. 
SECTION 17. 
Repealing Clause. - All laws, rules, regulations and other 
issuance or parts thereof which are inconsistent with this Act are hereby repealed or 
modified accordingly; 
SECTION 18. 
€ffecfivify. This Act shall take effect immediately upon its 
approval. 
Approved,