SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SEN a <reF 
S.B. No.J 0 c) 1 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
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Since the passage of Republic Act 7356 in 1992, the National 
Commission for Culture and the Arts has served as the overall policy-making 
and coordinating body of all programs and plans related to the conservation, 
development and promotion of Philippine arts and culture. This significant 
function performed by the NCCA was affirmed by Executive Order No. 80, 
Series of 1999 and further strengthened by RA 9155 which administratively 
attaches to the said Commission the other cultural agencies, namely the 
Cultural Center of the Philippines, the National Museum, the National 
Library of the Philippines, the National Historical Commission of the 
Philippines, the National Al:C~i':~ls of the Philippines and the Komisyon sa 
Wikang Filipino. 
Recognizing the role played by the NCCA in implementing the 
cultural programs of the government despite the limited resources and the 
importance of the culture and the arts in the enrichment of the Filipino 
identity, this bill seeks to reorganize the existing NCCA into the Department 
for Culture and the Arts, thereby ensuring its place in the priorities of the 
government 
In view of the foregoing, passage of this bill is earnestly sought. 
-===fORdLkfARDA 
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Senator 
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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
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AUG 28 P5 :22 
SENATE 
S.B. No.1 3 91 
Introduced by Senator LOREN LEGARDA 
AN ACT 
CREATING THE DEPARTMENT OF CULTURE, DEFINING ITS 
POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. This Act shall be known as the "Department of 
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Culture Act of 2013." 
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SEC. 2. Declaration of Policy. It is hereby declared the policy of the State: 
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a. To recognize that culture is a unifying, humanizing and modernizing 
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agent of any society; 
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b. To use culture as a measure for the formulation of appropriate and 
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significant political and economic policy that will better serve 
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Filipinos; 
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c. To foster and accelerate the convergence of various - cultural offices 
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and agencies; 
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d. To ensure that all Filipinos enjoy full cultural rights, take full 
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advantage of a dynamic cultural experience, celebrate the country's 
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history and heritage and participate in the building of cultural 
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communities; 
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e. To recognize that cultural education is the right of every citizen and 
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therefore ensure that cultural literacy is inculcated in the development 
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and education of all Filipinos; 
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f. 
To promote the national language of the country while enhancing the 
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linguistic diversity of the Philippines; and 
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g. To create a centralized body which will develop and monitor the 
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implementation of policy, legislation and strategic direction for the 
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identification, conservation and promotion of cultural heritage 
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h. To recognize culture / heritage as a right of every citizen; 
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i. To recognize, respect and promote the independence of the artist, and 
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the integrity of artistic production, and of artistic works. 
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SEC. 3. Creation of the Department of Culture. There is hereby created the 
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Department of Culture, hereinafter referred to as the Department, which shall 
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carry out the above-declared policies and assume the powers and functions of 
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the following national offices, agencies and departments in matters pertaining 
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to the promotion, preservation and synthesis of national culture and heritage: 
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a. Department of Education 
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b. National Commission for Culture and the Arts 
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c. Department of Tourism 
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d. Department of Foreign Affairs 
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e. National Book Development Board 
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SEC. 4. Mandate. The Department shall be the primary policy, planning, 
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coordinating, implementing, regulating and administrative entity of the 
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executive branch of the Government that will promote, develop and instill 
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pride for the country's culture and heritage. 
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SEC. 5. Powers and Functions. The Department shall exercise the following 
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powers and functions: 
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a. Formulate, recommend and implement national policies, plans, 
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programs and guidelines for the development and promotion of 
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national culture, language and heritage and provide wider and 
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convenient access by the citizens to the same; 
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b. Initiate, harmonize and coordinate all culture-related plans and 
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initiatives of government agencies to ensure overall consistency and 
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harmony with cultural objectives in particular, and national 
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objectives in general; 
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c. Represent the Philippine interest on matters pertaining to culture in 
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international bodies; 
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d. Promote knowledge, information and resource sharing, database 
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building 'and agency linkages among various government agencies; 
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e. Ensure the development and protection of Filipino culture and 
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heritage and coordinate all relevant government entities; 
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f. 
Coordinate and support the generation and acquisition and 
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accessibility of necessary resources as may be appropriate for the 
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development and growth of cultural sectors, and programs; 
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g. Encourage and establish guidelines for the use of public-private 
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partnerships in the implementation of cultural projects; 
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h. Assess, review and support historical and cultural research and 
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development programs of the government the Commission on 
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Filipino Language, and other concerned institutions; 
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1. 
Coordinate with the Department of Trade and Industry m the 
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promotion of trade and investment opportunities, the development 
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and coordination of creative industries, and protection of investor 
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interests in cultural development and promotion; 
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j. 
In coordination with concerned agencies, promote strategic 
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partnership 
and 
alliances 
among and between local 
and 
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international bodies and institutions, concerned with research and 
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development, education and training; 
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k. Develop, institute and carry-out the training of cultural officers and 
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attaches from different concerned offices and agencies of the 
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National Government; 
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I. Coordinate and monitor all Sentro Rizal offices established or to be 
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established; 
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m. Administer the qualification, selection and awarding of the Gawad 
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ng Manlilikha ng Bayan award, the Orden ng Gawad Pambansang 
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Alagad ng Sining and all other organizational artistic and creative 
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awards; , 
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n. Administer the Fund as specified in Section 13 and, in coordination 
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with the Department of Budget and Management, establish 
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guidelines for the disbursement and management of the Fund, 
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including the monitoring and evaluation system of projects funded 
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under it. 
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SEC. 6. Composition. The Department of Culture shall be headed by a 
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Secretary. The Department proper shall be composed of the Office of the 
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Secretary, the offices of the Undersecretaries and the Assistant Secretaries. 
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SEC. 7. Secretary of Culture. The Secretary shall be appointed by the 
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President. 
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The Secretary shall have the following functions: 
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a. Provide executive direction and supervision over the entire 
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operations of the Department and its attached agencies; 
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b. Establish policies and standards for the effective, efficient and 
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economical operation of the Department, in accordance with the 
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programs of Government; 
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c. Rationalize delivery systems necessary for the effective attainment of 
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the objectives of the Department, in accordance with the programs of 
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Government; 
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d. Review and approve requests for financial and manpower resources 
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of all operating offices of the Department; 
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e. Designate and appoint officers and employees of the Department, 
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excluding the Undersecretaries, Assistant Secretaries, and Regional 
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and Assistant Regional. Directors, in accordance with the Civil 
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Service laws, rules and regulations; 
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f. Sit as Chairman of the Board of the Cultural Center of the 
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Philippines; 
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g. Coordinate with LGUs, other agencies and public and private 
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interests groups, including non-government organizations (NGOs) 
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and people's organizations (POs) on Department policies and 
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initiatives; 
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h. Advice the President on the promulgation of executive and 
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administrative orders and regulatory and legislative proposals on 
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matters pertaining to cultural development and preservation; 
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i. Formulate such rules and regulations and exercise such other 
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powers as may be required to implement the objectives of this Act; 
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j. 
Perform such other tasks as may be provided by Law or assigned by 
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the President from time to time. 
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SEC. 8. Undersecretaries and Bureaus. The Secretary shall be assisted by at 
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least four (4) Undersecretaries,whoshall be appointed by the President upon 
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the recommendation of the Secretary. Each undersecretary shall head one (1) 
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of the following bureaus: 
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a. Bureau of Arts and Artists Development 
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b. Bureau of Heritage Development 
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c. Bureau of Cultural Education and Information 
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d. Bureau of Creative Industries 
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SEC. 9. Assistant Secretaries. The Secretary shall be assisted by at least four 
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(4) Assistant Secretaries who shall be career officers appointed by the 
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President upon the recommendation of the Secretary. 
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SEC. 10. Qualifications. No person shall be appointed Secretary, 
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Undersecretary or Assistant Secretary of the Department unless he/ she is a 
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citizen and resident of the Philippines of good moral character, and of proven 
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integrity. 
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The Secretary of the Department, in particular, shall be a Filipino 
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recognized as an efficient arts and culture manager, and/ or an accomplished 
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artist. 
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SEC. 11. Creation of The National Academy of the Arts - There is hereby 
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created a National Academy of the Arts, the primary function of which shall 
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be to serve as an apolitical body that will advise the Department and the 
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Secretary in all matters of culture and the arts. All members of the Academy 
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shall be Filipinos respected for their expertise and education in arts and 
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culture. 
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Members of the Academy shall receive reascfnable per diems from the 
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Department whenever their services or advice are solicited. 
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Members of the Academy shall be selected according to the Rules to be 
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established by the Department. All members of the Academy shall be 
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members for life. 
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Upon the creation of the Department, living national artists shall serve 
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as the initial members of the Academy. 
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35 
SEC. 12. Transfer of Agencies and Personnel. 
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a. The powers, functions, duties and responsibilities of the National 
2 
Commission for Culture and the Arts (NCCA), so long as it is not 
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contrary to this Act, is hereby absorbed by the Department, and all 
4 
appropriations, records, equipment, property, and personnel of the 
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NCCA shall be transferred to the Department; 
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b. The following agencies are hereby attached to the Department for 
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policy and program coordination, and shall continue to operate and 
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function in accordance with the charters, laws or orders creating 
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them, insofar as they are not inconsistent with this Act: 
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1. National Historical Commission of the Philippines 
II 
2. National Archives of the Philippines 
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3. National Museum 
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4. National Library of the Philippines 
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c. The laws and rules on government reorganization as provided for 
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in Republic Act No. 6656, otherwise known as the Reorganization 
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Law, shall govern the reorganization process of the Department. 
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SEC. 13. National Endowment Fund for Culture and the Arts. The National 
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Endowment Fund for Culture and the Arts, (NEFCA) created under Republic 
21 
Act 7356 shall remain intact and shall be administered by the Department. 
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SEC. 14. Structure and Staffing Pattern. The Department shall determine its 
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organizational structure and create new divisions or units as it may deem 
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necessary, and shall appoint officers and employees of the Department in 
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accordance with the Civil Service Law, rules, and regulations. 
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SEC. 15. Separation from Service. Employees separated from the service as a 
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result of this reorganization shall, within ninety (90) days therefrom, receive 
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the separation and retirement benefits to which they may be entitled under 
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Executive Order No. 366. Provided that such separation pay and retirement 
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benefits shall have priority of payment out of the savings of the department 
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or agency. 
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SEC, 16. Appropriation. The amount needed for the initial implementation of 
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this Act shall be taken fron"\. .the C1.lrrent fiscal year's appropriation of the 
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NCCA through the Office of the President and all agencies herein absorbed 
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by or attached to the Department. Thereafter, the amount needed for the 
3 
operation and maintenance of the Department shall be included in the 
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General Appropriations Act, provided that for the next fiscal year, the 
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amount shall be One Billion Pesos (Php 1,000,000,000.00), 
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SEC. 17. Repealing Clause. All laws, decrees, executive orders, rules and 
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regulations and other issuances or parts thereof that are inconsist~nt with this 
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Act are hereby repealed, amended or modified accordingly. 
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SEC. 18. Separability Clause. If any provision of this Act shall be declared 
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unconstitutional or invalid, the other provisions not otherwise affected shall 
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remain in full force and effect. 
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SEC. 19. Effectivity Clause. This Act shall take effect fifteen (15) days from its 
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publication in at least two (2) papers of general circulation. 
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Approved. 
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