FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
.I['\ 
-4 
" 
First Regular Session 
) 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
"To foretell the destiny of a nation, it is necessay to open the book that tells the past." 
- Jose Rizal (Filipinas Dentro de C%n Afros) 
This bill seeks to protect and preserve national historical places in the Philippines 
by identifying, designating and marking them as such and regulating their utilization 
and disposition. 
Section 16, Article XIV of the 1987 Philippine Constitution provides that all the 
country's artistic and historic wealth constitutes the cultural treasure of the nation and 
shall be under the protection of the State which may regulate its disposition. 
Prior to the 1987 Cxstitution, there was the Philippine Historical Research and 
Markers Committee, created in 1933 by Governor General Frank Murphy through 
Executive Order 451. The committee was directed to identify, designate and mark the 
many antiquities in the Philippines to keep them for posterity. The committee was 
abolished following the inauguration of the Commonwealth Government and replaced 
by the Philippine Historical Committee until the outbreak of the Second World War. 
When the Japanese army occupied the country, its functions were absorbed by the 
Commission of Education, Health and Public Welfare. On January 20, 1947, the 
committee was reconstituted, placed under the Office of the President and later 
transferred to the Department of Education. 
In 28 years the committee installed about 444 historical markers all over the 
Philippines. In response to the need for a historical body with functions broader than 
those of the PHC and NHC, the government created the National Historical 
Commission on July 1,1965 as a separate bureau under the Department of Education. 
Its functions included research, administration of shrines, monuments and markers and 
general administration. In 1972 Presidential Decree 1 (September 24, 1972) an act 
reorganizing the executive branch, created the National Historical Institute. To 
streamline government er,tities performing work identical to that of the NHI, the 
government abolished the National Historical Commission, the Intramuros Restoration 
Committee, the Roxas Memorial Commission, the Quezon Memorial Committee, the 
Emilio Aguinaldo National Centennial Commission, the Gomez-Burgos-Zamora 
Centennial Commission and the Pinaglabanan Commemorative Commission. Their 
functions, records, appropriations, records and ' properties were transferred to the 
institute. 


The National Historical Institute undertakes research and publication of 
Philippine historical works, administers educational activities on historical events and 
personages, restores, preserves and' conserves movable and immovable objects of 
historical value, and oversees the implementation of the National Historic Act of the 
Philippines (I'D 260 and I'D 1505) and of Republic Act 8491, the Flag and Heraldic Code 
of the Philippines. 
Despite the existence of the Institute, it lacks the mandate to effectively protect 
and preserve these historic21 places. 
This bill aims to remedy that by requiring all persons, associations, corporations 
or entities to secure a permit from the National Historical Institute before any 
construction or real estate development in areas identified, designated and 
appropriately marked as historical places or in areas proximate thereto, shall 
commence. 
Under this bill, historical places shall include government historical 
buildings, shrines, landmarks, monuments, and sites where a memorable event of 
national significance occurred, or which has been hallowed by a hero's former presence 
- whether transient or for a fixed duration. 
This proposed measure likewise mandates that any person, association, 
corporation, or entity who shall violate any provision of this Act shall be punished with 
the penalty of imprisonment of not less than six (6) months but not more than two (2) 
years, or a fine of not less than (PlOO,OOO.OO), or both. 
In view of the foregoing, immediate passage of this bill is earnestly requested. 
LOREN LEGARDA 
Senator 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
> .> 
.a*, , 
OF THE PHILIPPINES 
1 
7 .J(,!l. 
-4 
I _; 
!:" 
First Regular Session 
1 
SENATE 
S.B. NO. 9093 
*,-- 
Introduced by Senator Loren Legarda 
AN ACT 
REQUIRING ANY PERSON, ASSOCIATION, CORPORATION, OR ENiITY TO 
SECURE THE NECESSARY CLEARANCE OR PERMIT FROM THE NATIONAL 
HISTORICAL 
INSTITUTE 
("1) 
BEFORE 
COMMENCING 
ANY 
CONSTRUCTION OR REAL ESTATE DEVELOPMENT PROJECTS IN AREAS 
IDENTIFIED, DESIGNATED AND APPROPRIATELY MARKED AS HISTORICAL 
PLACES OR IN AREAS PROXIMATE THERETO, PROVIDING PENALTIES FOR 
VIOLATION 
Be it enacted by the Senate and the House of Xepresentatiaes of the Philippines in 
Congress assembled: 
SECTION 1. Title. This Act shall be known as "National Historical Places 
Protection Act of 2007." 
SECTION 2. Declaration of Policy. It is hereby declared the policy of the State to 
instill patriotism in the heart and mind of every Filipino, particularly the youth of 
today. Towards this end, the State shall endeavor to identify at the earliest possible time 
national historical places in the Philippines, and to protect and preserve those which 
have been identified, designated and marked as such. 
SECTION 3. Historical Places. For purposes of this Act, "Historical Places" shall 
include government historical buildings, shrines, landmarks, monuments, and sites 
where a memorable event of national significance occurred, or which has been hallowed 
by a hero's former presence - whether transient or for a fixed duration. 
SECTION. 4: Establishing Institutional Linkages. The National Historical Institute 
("1) 
shall work with local governments, other government agencies, and concerned 
organizations in identifying, designating and marking historicaI places in different parts 
of the country. 
SECTION 5. No construction or real estate development iLi areas identified, 
designated and appropriately marked as historical places or in areas proximate thereto, 
shall commence without securing the necessary permit from the National Historical 
Institute. Before the issuance of such permit, the NHI shall conduct prior public 
consultation with the local government within which the historical place is located. 
SECTION 6. Penalties. Any person, association, corporation, or entity who shall 
violate any provision of this Act shall be punished with the penalty of imprisonment of 
not less than six (6) months but not more than two (2) years, or a fine of not less than 
(PlOO,OOO.OO), 
or both at the discretion of the court, without prejudice to any 


administrative charges which may be filed against them: Provided, That if the violation 
is committed by an association, corporation o entity, the manager, representative, 
director or agent of the said association, corporation, entity shall suffer the penalties 
herein prescribed: Provided, Further, That if the violation is committed by a person, an 
association, corporation or entity engaged in construction or real estate business, any 
license issued to undertake the same shall be suspended or revOoked at the court’s 
discretion. 
SECTION 7. Restoration nnd Reconstruction - The restoration or reconstruction of 
the historical places damagzd by the unlawful construction of real estate development 
projects shall be undertaken under the direct control and supervision of the NHI at the 
expense of the person, association, corporation or entity found guilty under this Act. 
SECTION 8. Report to Congvess - The NHI shall, within 60 days from the 
effectivity of this Act, submit to Congress a report containing the list of historical places 
identified, designated, or marked as such. Thereafter, the NHI shall submit to Congress 
an annual report that shall contain detailed statements of the implementation of this 
Act. 
SECTION 9. Special Fund - Any money collected by the government as permit 
fees, as fines for violation of this Act, or as forfeited bonds for failure to comply with the 
condition of the permit issued under this Act shall be placed in a special fund. Such 
money shall be available for obligation or expenditure as determined by the NHI for the 
preservation and maintenance of historical places defined under this Act. 
SECTION 10. Implementing Rules and Regulntions - The NHI shall, within 60 days 
from the effectivity of this Act, submit to Congress a report containing the list of 
historical places identified; designated or marked as such. Thereafter, the NHI shall 
submit to Congress an annual report that shall contain detailed statements of the 
implementation of this Act. 
SECTION 11. Appropriations - The sum necessary for the initial implementation 
of this Act is hereby authorized to be appropriated out of the Treasury not otherwise 
appropriated. Thereafter, the funds necessary shall be incorporated in the General 
Appropriations Act. 
SECTION 12. Sepnvabilify Clause. If any provisions of this Act shall be held 
unconstitutional, the remaining portions not otherwise affected shall remain in full 
force and effect. 
SECTION 13. Repealing Clnuse. All laws, executive orders, rules and reguIations, 
.or parts thereof inconsistent with any of the provisions of this Act are hereby amended, 
repealed or modified accordingly. 
SECTION 14. Eflkctivity. This Act shall take effect after its complete publication in 
at least two (2) newspapersuf general circulation. 
Approved,