.! ~~, .. 
~~~~~~ 
<-: 
‘ r l i  :,f;i;;<i.:’l .;ia‘.< 
FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Second Regular Session 
AI1 :25 
S E N A T E  
COMMITTEE REPORT NO. 
iVE0 w + 
Submitted Jointly by the Committees on Education, Arts and Culture; Finance: 
Foreign Relations; Urban Planning, Housing and Resettlement; and Ways and Means 
I
_
 
on 
JAN 2 6 2009 
Re: Senate Bill No. 
Recommending its approval in substitution of S. 6. Nos. 66, 161, 464, 468, 478, 
(Prepared by the Committees) 
575,1090,1093,1619,1908,1941,1942, and 1994. 
Sponsors: Senator Mar Roxas and Senator Edgardo J. Angara 
Mr. President: 
The Committees on Education, Arts and Culture; Finance; Foreign Relations; 
Urban Planning, Housing and Resettlement; and Ways and Means to which were 
primarily and secondarily referred Senate Bill No. 66, introduced by Senator Angara. 
entitled: 
“AN ACT 
PROVIDING FOR THE PROTECTION AND CONSERVATION OF THE 
NATIONAL CULTURAL HERITAGE, STRENGTHENING THE NATIONAL 
COMMISSION FOR CULTURE AND THE ARTS (NCCA), AND ITS 
AFFILIATED CULTURAL AGENCIES, AND FOR OTHER PURPOSES,” 
Senate Bill No. 161, introduced by Senator Revilla Jr., entitled: 
“AN ACT 
PROVIDING FOR THE IMPROVEMENT AND STRENGTHENING OF THE 
NATIONAL HISTORICAL INSTITUTE, AND FOR OTHER PURPOSES,” 
Senate Bill No. 464, introduced by Senator Estrada, entitled: 
“AN ACT 
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FORTY 
EIGHT HUNDRED AND FORTY SIX (R.A. 4846), AS AMENDED OTHERWISE 
KNOWN AS THE “CULTURAL 
PROPERTIES PRESERVATION AND 
PROTECTION ACT,” 
Senate Bill No. 468, introduced by Senator Estrada, entitled: 
“AN ACT 
TO PROVIDE FOR THE PRESERVATION AND CULTIVATION OF THE 
FILIPINO HERITAGE AMONG FILIPINOS OVERSEAS THROUGH THE 
TEACHING OF FILIPINO LANGUAGE AND HISTORY, ASSISTANCE IN THE 


ESTABLISHMENT AND OPERATION OF PHILIPPINE SCHOOLS AND 
FlLlPlNlANA RESOURCE CENTERS ABROAD, AND THE CREATION OF A 
COMMITTEE ON HERITAGE AND CULTURE FOR OVERSEAS FILIPINOS, 
AND APPROPRIATING FUNDS THEREFOR,” 
Senate Bill No. 478, introduced by Senator Estrada, entitled: 
“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,” 
Senate Bill No. 575, introduced by Senator Estrada, entitled: 
“AN ACT 
PROVIDING FOR THE IMPROVEMENT AND STRENGTHENING OF THE 
NATIONAL HISTORICAL INSTITUTE, AND FOR OTHER PURPOSES,” 
Senate Bill No. 1090, introduced by Senator Legarda, entitled: 
“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,” 
Senate Bill No. 1093, introduced by Senator Legarda, entitled: 
“AN ACT 
REQUIRING ANY PERSON, ASSOCIATION, CORPORATION, OR ENTITY TO 
SECURE THE NECESSARY CLEARANCE OR PERMIT FROM THE 
NATIONAL HISTORICAL INSTITUTE (NHI) 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,” 
Senate Bill No. 1619, introduced by Senator War, entitled: 
“AN ACT 
TO PROVIDE FOR THE PRESERVATION AND CULTIVATION OF THE 
FILIPINO HERITAGE AMONG FILIPINOS OVERSEAS THROUGH THE 
TEACHING OF FILIPINO LANGUAGE AND HISTORY, ASSISTANCE IN THE 
ESTABLISHMENT AND OPERATION OF PHILIPPINE SCHOOLS AND 
FlLlPlNlANA CENTERS ABROAD AND ESTABLISHING A TRUST FUND 
THEREFOR,” 
Senate Bill No. 1908, introduced by Senator Santiago, entitled: 
“AN ACT 
ESTABLISHING THE NATIONAL MUSEUM FOR WOMEN, DEFINING ITS 
POWERS AND APPROPRIATING FUNDS THEREFOR,” 


Senate Bill No. 1941, introduced by Senator Villar, entitled: 
“AN ACT 
ORDAINING A PHILIPPINE CULTURAL HERITAGE ACT OF 2007,” 
Senate Bill No. 1942, introduced by Senator War, entitled: 
“AN ACT 
TO CONSERVE, PROMOTE AND POPULARIZE THE PHILIPPINES’ 
HISTORICAL AND CULTURAL HERITAGE AND RESOURCES, 
STRENGTHENING FOR THE PURPOSE THE NATIONAL HISTORICAL 
INSTITUTE AND FOR OTHER PURPOSES,” 
Senate Bill No. 1994, introduced by Senator Trillanes IV, entitled: 
“AN ACT 
TO PROTECT, CONSERVE, PROMOTE AND POPULARIZE THE NATION’S 
HISTORICAL AND CULTURAL HERITAGE AND RESOURCES, AS WELL AS 
ARTISTIC CREATIONS BY EXACTING A PERFORMANCE FEE FROM FOREIGN 
PERFORMERS AND ALLOCATING THE PROCEEDS THEREOF TO THE NATIONAL 
COMMISSION ON CULTURE AND ARTS, AND FOR OTHER PURPOSES.” 
have considered the same and have the honor to report them back to the Senate with 
the recommendation that the attached bill, S.B. No. 
, prepared by the 
Committees, entitled: 
“AN ACT 
PROVIDING FOR THE PROTECTION AND CONSERVATION OF THE NATIONAL 
CULTURAL HERITAGE, STRENGTHENING THE NATIONAL COMMISSION FOR 
CULTURE AND THE ARTS (NCCA), AND ITS AFFILIATED CULTURAL AGENCIES, 
AND FOR OTHER PURPOSES” 
be approved in substitution of S. B. Nos. 66, 161,464, 468,478, 575, 1090, 1093, 1619, 
1908, 1941, 1942 and 1994, with Senators Angara, Revilla Jr., Estrada, Legarda, Villar, 
Santiago, Trillanes IV and Roxas as authors thereof. 
RESPECTFULLY SUBMITTED 
MAR ROXAS 
Member, Committee on Education, 
Arts and Culture 
Member, Committee on Ways and Means 
Member, Committee on Foreign Relations 
Member, Committee on Urban Planning, Member, Committee on Foreign 
Housing and Resettlement 
Relations 
Arts and Culture 
Member, Committee on Finance 
Member, Committee on Ways and 
Means 


1 
SON 
on, Committee on Ways 
Relations 
Vice Chair, Committee on Finance 
Chair, Sub-committee 
B and 
Sub- 
committee C, committee on Finance 
Member, Committee on Finance 
R 
Chairperson, Committee on Urban Planning, Housing 
and Resettlement 
Member, Committee on Education, Arts and Culture 
Member, Committee on Foreign Relations 
Member, Committee on Finance 
Member, Committee on Ways and Means 
MEMB 
JOKER P. ARROYO 
Member, Committee on Education, 
Arts and Culture 
Vice Chair, Committee on Finance 
J 
Chair, Sub-committee D, Committee on 
Finance 
Member, ommittee on Foreign Relations 
Member 
ommittee on Ways and Me ns 
m 
/” 
Arts and Culture 
Member, Committee on Finance 
Member, Committee on Foreign 
Relations 
Member, Committee on Ways and 
Means 
10 B. HONASAN II 
on Finance 
on Foreign Relations 
on Ways and Means 
on Urban Planning, 
Housing and Resettlement 
FRANCIS dm& 
G. ESC 
Member, Committee on Education, 
Arts and Culture 
Member, Committee on Finance 
Member, Committee on 
Ways and 
Means 
Member, Committee on Urban Planning, 
Housing and Resettlement 


Member, Committ 
mittee on Education, 
Arts and Culture 
Member, Committee on Finance 
Member, Committee on Foreign Relations 
Member, Committee on Ways and Means 
Member, Committee on Finance 
Member, Committee on Foreign 
Relations 
Member, Committee on Urban Planning, 
Housing and Resettlement - 
LOREN B. LEGARDA 
Member, Comm 
on Education, 
Member, Committee on Education, 
Arts and Culture 
Arts and Culture 
Member, Committee on Finance 
Member, Committee on Foreign 
Relations 
Member, Committee on Ways and 
Means 
Member, Committee on Urban Planning, 
Housing and Resettlement 
PIA S. CAYETANO 
Member, Committee on Education, 
Arts and Culture 
Member, Committee on Finance 
ALAN PETER S. CAYETANO 
Member, Committee on Education, 
Arts and Culture 
Member, Committee on Ways and 
Means 
Member, Committee on Urban Planning, 
Housing and 
FRANCIS 
GlLlNAN 
M.A. 
Arts an 
Arts and Culture 
Member, Committee on Education, 
Member, Committee on Finance 
Member, Committee on Foreign 
Relations 
Member, Committee on Ways and 
Means 
Member, Committee on Urban Planning, 
Housing and Resettlement 


BENIGN0 S. AQUINO 111 
A ~ T O ~ I O ' F .  
TRILLA~ES IV 
Member, Committee on Education, 
Arts and Culture 
Member, Committee on Ways and Means 
Member, Committee on Urban Planning, 
Housing and Resettlement 
Means 
Member, Committee on Finance 
Member, Committee on Foreign 
Relations 
Member, Committee on Ways and 
EX-OFFICIO MEMBERS 
JINGGOY EJERCITO ESTRADA 
President Pro- Tempore 
JUAN MIGUEL F. ZUBlRl 
Majority Leader 
AQUlLlNO Q. PIMENTEL, JR. 
Minority Leader 
HON. JUAN PONCE ENRILE 
President 
Senate of the Philippines 
Pasay City 


BENIGN0 S. AQUINO 111 
Member, Committee on Education, 
Arts and Culture 
Member, Committee on Ways and Means 
Member, Committee on Urban Planning, 
Housing and Resettlement 
Means 
ANTONIO F. TRILLANES IV 
Member, Committee on Finance 
Member, Committee on Foreign 
Relations 
Member, Committee on Ways and 
EX-OFFICIO MEMBERS 
AQUlLlNO Q. PIMENTEL, JR. 
Minority Leader 
HON. JUAN PONCE ENRILE 
President 
Senate of the Philippines 
Pasay City 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
. 
O"$qI;E t>,s :: 
' j  ;:;<:$?ci :.BY 
FOURTEENTH CONGRESS OF THE REPUBLIC ) 
Second Regular Session 
OF THE PHILIPPINES 
1 
/ 
S E N A T E  
(In substitution of Senate Bill Nos. 66, 161, 464, 468, 478, 575, 1090, 1093, 1619, 1908. 
1941, 1942, and 1994.) 
Introduced by Senators Angara, Revilla Jr., Estrada, Legarda, Villar, Santiago, 
Trillanes IV, and Roxas, and Members of the Committees on Education, Arts and 
Culture; Finance; Foreign Relations; Urban Planning, Housing and Resettlement; 
and Ways and Means 
AN ACT 
PROVIDING FOR THE PROTECTION AND CONSERVATION OF THE NATIONAL 
CULTURAL HERITAGE, STRENGTHENING THE NATIONAL COMMISSION FOR 
CULTURE AND THE ARTS (NCCA) AND ITS AFFILIATED CULTURAL AGENCIES, 
AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled 
SECTION 1. Short Title. - This Act shall be known as the "National Cultural Heritage 
Act of 2009." 
ARTICLE I 
POLICIES AND PRINCIPLES 
SEC. 2. Declaration of Principles and Pokies. - Sections 14, 15, and 16. 
and 17, Article XIV of the 1987 Constitution declare that the State shall foster the 
preservation, enrichment, and dynamic evolution of a Filipino culture based on the 
principle of unity in diversity in a climate of free artistic and intellectual expression. It 
shall conserve, develop, promote and popularize the nation's historical and cultural 
heritage and resources, as well as artistic creations. Further, 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. 
In the pursuit of cultural preservation as a strategy for maintaining Filipino 
14 
identity, this Act shall pursue the following objectives: 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
a) 
Protect, preserve, conserve and promote the nation’s cultural heritage. 
its property and histories, and the ethnicity of local communities; 
Establish and strengthen cultural institutions; and 
Protect cultural workers and ensure their professional development and 
well-being. 
b) 
c) 
The State shall likewise endeavor to create a balanced atmosphere where the 
historic past co-exists in harmony with modern society. It shall approach the problem of 
conservation in an integrated and holistic manner, cutting across all relevant disciplines 
and technologies. The State shall further administer the heritage resources in a spirit of 
stewardship for the inspiration and benefit of the present and future generations. 
ARTICLE II 
DEFINITION OF TERMS 
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms 
shall be defined as follows: 
a) “Adaptive Re-use” refers to the utilization of buildings, other built-structures. 
and sites of value for purposes other than that for which they were intended 
originally, in order to conserve the site, their engineering integrity and 
authenticity; 
b) ”Anthropological Area” refers to any place where studies of specific ethno- 
linguistic groups are undertaken, the properties of which are of value to our 
cultural heritage; 
c) “Antique” refers to a cultural property found locally which is one hundred 
years in age, more or less, the production of which has ceased; 
d) “Archaeological Area” refers to any place, whether above or under ground. 
underwater or at sea level, containing fossils, artifacts, and other cultural. 
geological, botanical, zoological materials which depict and document 
culturally relevant paleontological, prehistoric and/or historic events; 
e) “Archives” are public and private records in any format which have been 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
selected for permanent preservation because of'their evidential, historical 
informational value; otherwise known as archival materials collections or 
archival holdings; the place (building/room/storage area) where archival 
materials are kept and preserved; and an organization or agency or part 
thereof whose main responsibility is to appraise, arrange, describe, conserve. 
promote and make archival materials available for reference and research. 
also known as archival agency; 
(f) "Built Heritage" refers to architectural and engineering structures, such as 
but not limited to bridges, government buildings, houses of ancestry, 
traditional dwellings, technological and industrial complexes, and their 
settings, and landscapes with notable historical and cultural significance; 
(9) "Collector" refers to any person who or institution that acquires cultural 
property for purposes other than sale; 
(h) "Commission" shall refer to the National Commission for Culture and the 
Arts (NCCA); 
(i) "Conservation" refers to all the processes and measures of maintaining the 
cultural significance of a cultural property, including but not limited to, 
preservation, restoration, reconstruction, protection, adaptation or any 
combination thereof; 
(j) "Cultural Education" refers to the teaching and learning of cultural concepts 
and processes; 
(k) "Cultural Heritage" refers to the totality of cultural property preserved and 
developed through time and passed on to posterity; 
(I) 
"Cultural Heritage Worker" refers to an individual undertaking cultural 
heritage work; 
(m) "Cultural Institution" refers to entities engaged primarily in cultural work; 
(n) "Cultural Property" refers to all products of human creativity by which a 
people and a nation reveal their identity, including natural history specimens 
and sites, whether public or privately-owned, movable or immovable, and 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
tangible or intangible; 
1) "Tangible Cultural Property" refers to a cultural property with historical. 
archival, anthropological, archaeological, artistic and architectural value, 
and with exceptional or traditional production, whether of Philippine origin 
or not, including antiques and natural history specimens with significant 
value; and 
2) "Intangible Cultural Property" refers to the peoples' learned processes 
along with the knowledge, skills and creativity that inform and are 
developed by them, the products they create and the resources, spaces 
and other aspects of social and natural context necessary for their 
sustainability . 
(0) "Dealers" refers to natural or juridical persons who acquire cultural property 
for the purpose of engaging in the acquisition and disposition of the same; 
(p) "Heritage Zone" refers to historical, anthropological, archaeological, artistic 
geographical areas and settings that are culturally significant to the country or 
a particular locality; 
(4) "History" refers to a written record of past events relating to Philippine 
history; 
(r) "Historical Landmarks" refer to sites or structures that are associated with 
events or achievements significant to Philippine History; 
(s) "Historical Monuments" refer to structures that honor illustrious persons or 
commemorate events of historical value; 
(t) "Historical Shrines" refer to historical sites or structures hallowed and 
revered for their history or association; 
(u) "Historical Street Name" refers to a street name which has been in 
existence for at least fifty (50) years; 
(V) "Important Cultural Property (ICP)" refers to a cultural property having 
exceptional cultural, artistic, and historical significance to the Philippines, as 
shall be determined by the Commission through the appropriate cultural 
J 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
agency ; 
(w) “Intangible 
Cultural Heritage (ICH)” 
refers to the practices, 
representations, expressions, knowledge, skills - as well as the instruments. 
objects and artifacts associated therewith - that communities, groups and 
individuals recognize as part of their cultural heritage, such as a) oral 
traditions, languages, and expressions; b) performing arts; c) social practices, 
rituals, and festive events; d) knowledge and practices concerning nature and 
the universe; and e) traditional craftsmanship; 
(x) “Library” refers to an institution where the collection of books, manuscripts, 
computerized information, and other materials are organized to provide 
physical, bibliographic, and/or intellectual access to the public, with a librarian 
that is trained to provide services and programs related to the information 
needs of its clientele; 
(y) “Museum” refers to a permanent institution that researches, acquires. 
conserves, communicates, and exhibits the material evidence of humans and 
their environment for purposes of education or leisure; 
(z) “National Cultural Treasure” refers to a unique cultural property found 
locally, possessing outstanding historical, cultural, artistic and/or scientific 
value which is highly significant and important to the country and nation, and 
officially declared as such by pertinent cultural agency; 
(aa) “Natural Property of Cultural Significance” refers to areas possessing 
outstanding ecosystem with flora and fauna of national scientific importance 
under the National Integrated Protected Areas System (NIPAS); 
(bb) “NCCA Portal Cultural Databank” refers to the specific domain in the 
Commission’s intranet for cultural information that is accessed only internally 
with control and confidentiality. It includes the registry of national cultural 
property. 
(CC) “Pre-history” refers to the period of human history before the introduction of 
the forms of writing; 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(dd) "Philippine Registry of Cultural Property (PRECUP)" refers to the registry 
of all cultural property of the country deemed of significant importance to our 
cultural heritage; and 
(ee) "Restoration" refers to the action taken or the technical intervention to 
correct deterioration and alterations. 
ARTICLE 111 
CULTURAL PROPERTY 
SEC. 4. Categories. - The Cultural Property of the country shall be categorized 
as follows: 
(a) National Cultural Treasures (NCT); 
(b) Important Cultural Property (ICP); 
(c) World Heritage Sites (WHS); 
(d) Autonomous/Administrative Region Cultural Property; 
(e) Provincial Cultural Property; 
(f) City/Municipal Cultural Property; 
(9) Barangay Cultural Property; 
(h) National Shrine; 
(i) National Monument; and 
(i) National Landmark. 
SEC. 5. Cultural Property Considered Important Cultural Property (ICP). - 
For purposes of protecting a cultural property against exportation, modification or 
demolition, the following works shall be considered Important Cultural Property, unless 
declared otherwise by the pertinent cultural agency: 
Unless declared by the Commission, 
(a) Works by a Manlilikha ng Bayan; 
(b) Works by a National Artist; 
Unless declared by the National Museum, 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(c) Archaeological and traditional ethnographic materials; 
Unless declared by the National Historical Institute, 
(d) Works of national heroes; 
(e) marked structure; 
(9 Structures dating at least fifty (50) years old; and 
Unless declared by the National Archives, 
(9) Archival materiaUdocument dating at least fifty (50) years old. 
The property owner may petition the appropriate cultural agency to remove the 
presumption of ICP. 
SEC. 6. World Heritage Sites (WHS). - The WHS in the Philippines shall be 
under the jurisdiction of the Commission, which shall have the power to regulate and 
supervise its conservation. 
SEC. 7. Privileges for Cultural Propetty. - All cultural properties declared as 
National Cultural Treasures (NCT) shall be entitled to the following privileges: 
a) Priority government funding for protection, conservation and restoration; 
b) Incentive for private support of conservation and restoration through the 
Commission’s Conservation Incentive Program for National Cultural Property; 
c) An official Heritage Marker placed by the cultural agency concerned indicating 
that the immovable cultural property has been identified as NCT; and 
d) In times of armed conflict, natural disasters, and other exceptional events that 
endanger the cultural heritage of the country, all National Cultural Treasures 
shall be given priority protection by the Government. 
All cultural properties declared as Important Cultural Property may also receive 
government funding for its protection, conservation, and restoration. An official Heritage 
Marker shall likewise be placed on an immovable cultural property to identify the same 
as ICP. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
SEC. 8. Procedure for Declaration, or De-Listing of National Culfural 
Treasures or lmportant Cultural Property. - The procedure in declaring as well as in 
delisting a National Cultural Property or an Important Cultural Property shall be as 
follows: 
(a) A declaration or a delisting of a cultural property as a National Cultural 
Treasure or an Important Cultural Property shall commence upon the filing of 
a petition by the owner, stakeholder or any interested person, with the 
Commission, which shall refer the matter to the appropriate cultural agency; 
(b) Upon verification of the suitability of the property as an NCT or an ICP, the 
cultural agency concerned shall send notice of hearing to the owner and 
stakeholders. Stakeholders, including but not limited to local government 
units, local culture and arts council, local tourism councils, non-government 
conservation organizations, and schools, may be allowed to file their support 
or opposition to the petition; 
(c) The owner andlor other stakeholders shall file their position paper within 
fifteen (15) days from receipt of the notice of hearing, furnishing all the 
parties, including the appropriate cultural agency, with such position paper. 
Extensions may be allowed, but in no case shall it exceed more than thirty 
(30) days; and 
(d) The petitioner/stakeholder shall give their answer within fifteen (15) days 
upon receipt of any position paper. Thereafter, no further submissions shall 
be allowed. 
(e) The appropriate cultural agency shall have a maximum of ninety (90) days 
from the deadline of the submission of all the answers within which to submit 
its recommendation before the Commission. Thereafter, the Commission 
shall render its decision on the application. 
SEC. 9. Right of First Refusal on the Sale of National Cultural Treasures 
(NCT). - The Commission shall be given the right of first refusal in the purchase of 
S 


1 
2 
cultural properties declared as NCT. Prior to the finality of the sale, the Commission 
may likewise match any offer made for the purchase of an NCT. 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
Sec. I O .  Licensing of Dealers of Cultural Property. - All dealers of cultural 
property shall secure a license to operate as such from the appropriate cultural agency 
concerned. They shall submit a quarterly inventory of items carried, which shall include 
a history of each item. 
Failure to submit two (2) consecutive inventories shall be a 
ground for cancellation of the license. All dealers of Cultural Property shall be subject 
to inspection of the concerned cultural agencies. 
The cultural agencies may charge and collect fees for registration as well as for 
licenses, inspections, certifications, authorizations and permits that they issue and 
undertake in connection with the implementation of this Act. 
Funds generated from 
these collections by cultural agencies shall be retained by the cultural agency 
concerned for its operations. 
Sec. 11. Dealings of Cultural Property. - No cultural property shall be sold, 
resold, or taken out of the country without first securing a clearance from the cultural 
agency concerned. In case the property shall be taken out of the country, it shall solely 
be for the purpose of scientific scrutiny or exhibit. 
ARTICLE IV 
HERITAGE ZONES 
SEC. 12. Designation of Heritage Zones. - The Commission, in coordination 
with the National Historical Institute, the Housing and Land Use Regulatory Board 
(HLURB) or other concerned agencies, shall designate Heritage Zones to protect the 
historical and cultural integrity of a geographical area. 
SEC. 13. Maintenance of Heritage Zones. - A Heritage Zone shall be 


1 
2 
guidelines: 
3 
(a) Implementation of adaptive re-use of cultural property; 
4 
(b) Appearance of streets, parks, monuments, buildings, and natural bodies of 
5 
water, canals, paths and Barangays within a Historical Zone shall be 
6 
maintained as close to their appearance at the time the area was of most 
7 
importance to Philippine History as determined by the National Historical 
8 
Institute; and 
9 
10 
11 
12 
maintained by the local government unit concerned, in accordance with the following 
(c) Local government units shall document and sustain all socio-cultural practices 
such as but not limited to traditional celebrations, historical battles, recreation 
of customs, and the re-enactment of battles and other local customs that are 
unique to a Historical Zone. 
13 
14 
ARTICLE V 
15 
16 
17 
18 
19 
20 
as "Registry". 
21 
The Commission, through the appropriate cultural agencies and local 
22 
government units, shall establish and maintain this Registry within three (3) years from 
23 
the effectivity of this Act. The guidelines in the registration of cultural property are as 
24 
follows: 
25 
(a) All cultural agencies concerned shall individually maintain an inventory. 
26 
evaluation and documentation of all cultural properties it has declared 
27 
according to their category and shall submit the same to the Commission. For 
28 
cultural property declared as Immovable Cultural Property, the appropriate 
29 
cultural agency shall, after registration, give due notice to the Registry of 
REGISTRATION AND CONSERVATION OF CULTURAL PROPERTY 
SEC. 14. Establishment of a Philippine Registry of Cultural Property 
(PRECUP). - All cultural property of the country deemed important to cultural heritage 
shall be registered in the Philippine Registry of Cultural Property, hereinafter referred to 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
Deeds having jurisdiction for annotation on the land titles pertaining to the 
same; 
(b) Local government units, through their cultural offices, shall likewise maintain 
an inventory of cultural property under its jurisdiction and shall furnish the 
Commission a copy of the same; 
(c) Both cultural agencies concerned and local government units shall 
continuously coordinate in making entries and in monitoring the various 
cultural properties in their respective inventory; 
(d) All government agencies and instrumentalities, government-owned and/or 
controlled corporations and their subsidiaries, including public and private 
educational institutions, shall report their ownership and/or possession of 
such items to the pertinent cultural agency and shall register such properties 
within three (3) years from the effectivity of this Act; 
(e) Private collectors and owners of cultural property shall register such 
properties, within three (3) years from the effectivity of this Act. The private 
collectors and owners of cultural property shall not be divested of their 
possession and ownership thereof even after registration of said property as 
herein required. 
Information on registered cultural properties owned by private 
individuals shall remain confidential and may be given only upon prior 
consent of the private owner. The Commission shall operate the Registry in 
the NCCA portal cultural databank. 
SEC. 15. Conservation of Cultural Property. - All intervention works and 
measures on conservation of National Cultural Treasures, Important Cultural Property, 
Autonomous/Administrative Region Cultural Property, Provincial Cultural Property, 
City/Municipal Cultural Property and Barangay Cultural Property, as well as monuments 
and sites, and structures previously marked by the National Historical Institute before 
the implementation of this Act shall be undertaken only upon prior approval of the 
1 1  


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
Commission through the appropriate cultural agency which shall supervise the same. 
The Commission shall approve only those methods and materials that strictly 
adhere to the accepted international standards of conservation. 
SEC. 16. Documentation of Traditional and Contemporary Arts. - Local 
government units shall document traditional and contemporary arts and crafts, including 
their processes and makers, and sustain the sources of their raw materials. The local 
government units shall encourage and sustain traditional arts and crafts as active and 
viable sources of income for the community. 
The Commission, the Department of Trade and Industry, the Department of 
Tourism and other government agencies involved directly or indirectly in the production 
of goods shall assist the local government units in protecting their traditional and 
contemporary arts and crafts making them viable for current and future markets, with a 
view to encouraging and promoting the unique heritage and identities of the said 
communities. 
The LGU concerned shall submit an annual inventory of these documentations to 
the Commission, which will be included in the PRECUP, as established in Section 14 of 
this Act. 
SEC. 17. Systematic Research in Natural History. - The National Museum 
shall have the authority to collect, maintain and develop the national reference 
collections of Philippine flora and fauna, rocks and minerals through research and field 
collection of specimens including Important Cultural Property within the territorial 
jurisdiction of the Philippines. It shall be exempt from any and all permit systems 
regulating the same. 
The National Museum shall inform the Department of Environment and Natural 
Resources and the Department of Agriculture of such collection. All type of specimens 
collected in the Philippine territory shall be deposited in the National Museum. 
I' 


1 
2 
3 
4 
5 
6 
I 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
SEC. 18. Heritage Agreements. - The Commission, upon advice of the 
concerned cultural agency, may enter into agreements with private owners of cultural 
properties with regard to the preservation of said properties. 
Such agreement shall be in the form of a contract, and may include such terms 
and conditions including, but not limited to: 
(a) Public access to the property; 
(b) Value of the encumbrance; 
(c) Duration of the servitude of the property; 
(d) Restriction of the right of the owner or occupant to perform acts on or near the 
place; 
(e) Maintenance and management of the property; 
(9 Provision of financial assistance for the conservation of the property; 
(9) Procedure for the resolution of any dispute arising out of the agreement. 
Such agreement should be annotated in the land title to bind future owners 
and/or occupants of the immovable cultural property. 
SEC. 19. National Inventory of Intangible Cultural Heritage. - The 
Commission shall undertake a national inventory of the country's intangible cultural 
heritage. Pursuant to this, it shall create an intangible cultural heritage office within its 
structure which will pursue the following objectives: 
(a) Coordinate all efforts of government and private agencies that have forms of 
intangible cultural heritage in making the national inventory and working 
toward the safeguarding of these forms of heritage; and 
(b) Undertake the responsibilities pertaining to the Philippines as provided for by 
relevant provisions of the UNESCO Convention for the Safeguarding of the 
Intangible Cultural Heritage. 
SEC. 20. Immovable National Cultural Treasures. - National Cultural 
Treasures, which are immovable, shall not be relocated, rebuilt, defaced or otherwise 


1 
changed in a manner, which would destroy the property's dignity and authenticity, 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
except to save such property from destruction due to natural causes. 
The sitekites referred to in this provision may only be moved after securing a 
permit from the Commission or the appropriate cultural agency. 
SEC. 21. lndigenous properties. - The Commission, in coordination with the 
National Commission on lndigenous Peoples, shall establish a program and promulgate 
regulations to assist indigenous people in preserving their particular cultural and 
historical properties. 
SECTION 22. Renaming of Historical Streets, Buildings Designated as 
Cultural Treasure or lmportant Cultural Property. - The names of historical streets, 
parks, buildings, shrines, landmarks, monuments and sites designated as national 
Cultural Treasures or Important Cultural Property shall not be allowed to be re-named 
by a local or national legislation, unless approved by the National Historical Institute, 
and only after'due hearing on the matter. Furthermore, for changes of names done to 
historical streets, parks, buildings, shrines, landmarks, monuments, and sites prior to 
the effectivity of this act, the NHI may direct the local government units to restore their 
original names, also after due hearing. 
ARTICLE VI 
POWERS OF THE COMMISSIONKULTURAL AGENCIES 
24 
25 
26 
27 
28 
29 
SEC. 23. Power to lssue a Cease and Desist Order (CDO). - When the 
physical integrity of the NCTs or lCPs are found to be in danger of destruction or 
modification from its original state, the Commission, through the appropriate cultural 
agency, shall immediately issue a Cease and Desist Order suspending all activities that 
will affect the cultural property. The local government unit which has the jurisdiction over 
the site where the immovable cultural property is located shall report the same to the 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
Commission immediately upon discovery and shall promptly adopt measures to secure 
the integrity of such immovable cultural property. The suspension of the activities shall 
be lifted only upon the written authority of the appropriate cultural agency after due 
notice and hearing involving as many of the interested parties and stakeholders as 
possible. 
SEC. 24. Power to Issue Compulsory Repair Order (CRO). - 
When a 
privately-owned heritage site cannot be maintained by the owner or has fallen into 
disrepair thru neglect to such an extent that it will lose its potential for conservation, the 
Commission, through the appropriate cultural agency, may serve on the owner or 
occupant of such property, an order to repair or maintain such site. If the owner fails to 
comply with said order within 30 to 45 days, repairs may be undertaken by the 
Commission for the account of the owner. If said owner fails to reimburse the 
Commission, the property or portions thereof shall be forfeited in its favor in accordance 
with the amount spent for the repair after computing interest thereon. 
SEC. 25. Visitorial Powers. - The cultural agencies concerned, through the 
Commission, are hereby given the power to inspect National Cultural Treasures and 
Important Cultural Property at any time to ensure the protection and integrity of such. 
They may also inspect public or private collections or objects that may be categorized 
as cultural property. 
SEC. 26. Power to Deputize Other Government Agencies. - The cultural 
agencies concerned, through the Commission, shall have the power to deputize the 
Philippine National Police (PNP), National Bureau of Investigation (NBI), Armed Forces 
of the Philippines (AFP), Philippine Coast Guard (PCG), and other local or national law 
enforcement agencies, including the Bureau of Fisheries’ agents, the Department of the 
Environment and Natural Resources’ rangers, the Bureau of Customs and Immigrations 
agents, members of the Office of the Special Envoy on Transnational Crimes and other 
B 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
such agencies and their successors in interest, to enforce the provisions of this Act and 
its implementing rules and regulations. The said agencies shall, upon the request of the 
Commission, immediately detail their respective personnel to protect the cultural items 
under the National Registry. 
Failure to follow deputization order of the Commission or the concerned cultural 
agency shall be penalized in accordance with Section 41 herein. 
SEC. 27. Power to Expropriate. - The Commission, through the appropriate 
agency and after Consultation with the Secretary of Finance, may expropriate property 
for its conservation or for any other purpose under this Act. 
SEC. 
28. 
Anthropological 
Research 
and 
Archaeological 
Exploration/Excavation. - 
(a) The Commission through the National Museum shall regulate and control all 
anthropological research conducted by foreigners; and all archaeological 
excavation or exploration. Pursuant to the foregoing, the Commission shall 
deputize other agencies to protect archaeological and anthropological sites. 
It shall be guided by the following rules: 
(1) All cultural property found in terrestrial and I or underwater archaeological 
sites belong to the State. 
(2) No terrestrial andlor underwater archaeological explorations and excavations 
for the purposes of obtaining materials and data of cultural value shall be 
undertaken without written authority and direct site supervision by 
archaeologists andlor representatives of the National Museum; 
(3) All anthropological researches, for the purpose of obtaining materials and 
data of cultural value and where the principal proponent is a foreign national 
shall be undertaken only with the authority, and under the supervision of the 
Commission through the National Museum. Anthropological research by 
Philippine nationals, especially members of the indigenous communities shall 
1 0 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
be encouraged; 
(4) Archaeological or anthropological materials presumed as ICP shall be 
allowed to leave the country only upon proper evaluation and written 
permission of the National Museum; 
(5) All explorations and excavations undertaken wherein the caves, rock shelters 
and their vicinities may have been used in the prehistoric past by man either 
for habitation, religious andlor sacred and burial purposes all over the 
country, shall be under the direct jurisdiction and supervision of 
archaeologists andlor other experts of the National Museum; 
(6) All mining activities inside caves, rock shelters and any such other areas 
shall require a written permit and clearance from the National Museum. An 
appropriate prior inspection by representatives of the National Museum. 
funded by the company applying for a mining right, shall be required to 
ensure that no archaeological materials are present and, possibly, destroyed; 
(7) Excavations in caves, rock shelters and other areas by laymen are prohibited 
by this Act. All earth-moving activities in these areas must have the proper 
permit and clearance from the National Museum and monitored by their 
representatives; 
(8) All treasure hunting permits and licenses shall be issued by the Commission 
through the National Museum, which shall formulate the rules and regulations 
to adequately control, regulate and monitor all applicants for such 
undertakings; and 
(9) The provisions of this Heritage Act on explorations and excavations of 
terrestrial and underwater archaeological sites shall supersede all local, 
municipal, regional and autonomous regional governments resolutions and 
ordinances. 
(b) When the presence of any cultural property is discovered, the Commission, 
through, the National Museum, shall immediately suspend all activities that will 
17 


1 
2 
affect the site and shall immediately notify the LGU having jurisdiction of the 
place where the discovery was made. The local government shall promptly 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
adopt measures to protect and safeguard the integrity of the cultural property so 
discovered and within five (5) days from the discovery shall report the same to 
the appropriate agency. The suspension of these activities shall be lifted only 
upon the written authority of the Commission, through the National Museum and 
only after the systematic recovery of the archaeological materials. 
(c) The Commission, through the National Museum, shall provide incentives for 
persons who discover and report heretofore unknown archaeological sites, in 
accordance with its rules and regulations implementing the provisions of this Act. 
(d) Any government or non-government infrastructure project or architectural site 
development shall include anthropological, archaeological, and historical and 
heritage site conservation concerns in their Environmental Impact Assessment 
System (EIAS). For this purpose, one percent of the total budget of the 
program/project shall be held in reserve to underwrite the cost of the study, and 
the project proponent shall file with the Commission through the National 
Museum the appurtenant bond guaranteeing the same. 
ARTICLE VI1 
ROLE OF CULTURAL AGENCIES 
SEC. 29. Responsibilities of Cultural Agencies for Designation of Cultural 
Property. - The cultural agencies, conformably with their respective charters, shall 
define and delineate their respective areas of responsibility with respect to cultural 
property and assessment of National Cultural Treasures. These areas shall be subject 
to periodic re-assessment whenever necessary. 
For purposes of this Act, the following shall be the responsibilities of cultural 
agencies in the categorization of cultural property: 
(a) The Cultural Center of the Philippines (CCP) shall be responsible for cultural 
IS 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
property pertaining to the performing arts; 
(b) The National Archives of the Philippines (NAP) shall be responsible for 
archival materials; 
(c) The National Library (TNL) shall be responsible for rare and contemporary 
books, manuscripts such as, but not limited to, presidential papers. 
periodicals, newspapers, singly or in collection, and libraries and electronic 
records; 
(d) The National Historical Institute ("I) 
shall be responsible for movable and 
immovable cultural property that pertains to Philippine History; 
(e) The National Museum (NU) shall be responsible for movable and immovable 
cultural and natural property pertaining to collections of Fine Arts, 
Archaeology, Anthropology, Botany, Geology, Zoology and Astronomy, 
including its conservation aspect; and 
(9 The Komisyon sa Wikang Filipino (KWF) shall be responsible for the 
propaganda, development, and promotion of the Filipino national language 
and the conservation of ethnic languages; 
SEC. 30. institutional Linkages of the Commission. - The cultural agencies 
and other national government agencies, as listed below, shall consult, coordinate and 
work closely with the Commission in the implementation of their respective 
programslprojects in the context of this Act. Furthermore, the Commission may link up 
with other agencies and institutions, as it may deem appropriate, as a way of dealing 
with conservation on a holistic manner. 
(a) The Department of Tourism (DOT), and its attached agencies, which shall be 
responsible for cultural education among tourism services, and protection of 
cultural property supplemental to the jurisdiction of the cultural agencies as 
defined in this Act. The implementation and creation of a tourism master plan 
shall be consistent with this Act; 
(b) The lntramuros Administration (/A) which shall be responsible for the 


8 
9 
10 
11 
12 
13 
14 
1s 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
restoration and administration of the development in Intramuros; 
(c) The National Parks Development Committee (NPDC), as an attached agency 
of the DOT, which shall be responsible in supervising the development 
(beautification, preservation and maintenance) of Quezon Memorial, Fort 
Santiago, Luneta, Paco Park, Pook ni Maria Makiling and other national parks 
and satellite projects; 
(d) The Department of Education (DepEd) which shall be responsible in 
instituting the governance of basic education act, and the conservation and 
restoration of DepEd's built heritage such as the Gabaldon Schools and 
Houses; 
(e) The Department of Public Works and Highways (DPWH) which shall be 
responsible in undertaking major infrastructure projects specifically in the 
planning, design, construction, and maintenance of national roads and 
bridges as they impact on heritage structures or aspects of heritage 
conservation; 
(f) The National Commission on Indigenous Peoples (NCIP), in behalf of the 
country's indigenous cultural communities, which shall coordinate with the 
national agencies on matters pertaining to Cultural Property under its 
jurisdiction; 
(9) The Department of Environment and Natural Resources (DENR) which shall 
be responsible for the establishment and management of the National 
Integrated Protected Areas System (NIPAS) and the conservation of wildlife 
resources, including cave and cave resources; 
(h) The Department of the Interior and Local Government (DILG) which shall 
coordinate with the national cultural agencies on matters pertaining to Cultural 
Property under its jurisdiction, and ensure that the provisions of this Act is 
properly executed by the local government unit; 
(i) The Office of the Muslim Affairs (OMA) which shall coordinate with the national 
Cultural agencies on matters pertaining to Cultural Property under its 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
jurisdiction; 
fj) The United Nations Educational Scientific Cultural Organization-National 
Commission of the Philippines (UNESCO-NCP) which shall be responsible for 
providing the liaison between the cultural agencies of the Philippines and 
UNESCO; 
(k) The Housing and Land Use Regulatory Board (HLURB) which shall 
coordinate with the local government units and the Commission on matters 
pertaining to the establishment and maintenance of Heritage Zones; 
(I) The Autonomous Regional Government in Muslim Mindanao (ARMM) and the 
Cordillera Administrative Region (CAR) which shall coordinate with the 
national cultural Agencies on matters pertaining to Cultural Property under 
their respective jurisdictions; and 
(m) The Office of the Special Envoy on Transnational Crimes (OSETC) which 
shall have the oversight and operational capacity to go after illicitly trafficked 
and stolen cultural treasures. 
SEC. 31. Incorporation of Cultural Propetty Programs in LGU Budgets. - 
The local government units shall incorporate programs and budgets for the conservation 
and preservation of Cultural Property in their environmental, educational and cultural 
activities. 
SEC. 32. Training Programs. - The Commission, in coordination with the 
appropriate cultural agencies shall provide general training programs on conservation to 
the local government units which have established cultural heritage programs and 
projects in their localities. 
ARTICLE I X 
CULTURAL PROPERTY INCENTIVES PROGRAM 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
SEC. 33. Tax Exemption for Private Individuals and Institutions. - Any gift or 
donation by private individuals or institutions to cultural agencies, as certified by the 
Commission, shall be deductible from the gross taxable income of the donor for any of 
the following cultural programs or purposes: 
a) purchase or acquisition of a cultural property, a National Cultural Treasure or 
an Important Cultural Property for the account of the Commission; 
b) support for scientific and cultural research on anthropological projects, 
explorations and archaeological excavations for the Commission and its 
cultural agencies and accredited academic and research institutions; 
c) cultural, archaeological, anthropological, historical research and exhibitions 
and performances for the Commission and cultural agencies; 
d) purchase and acquisition of equipment, instruments and materials for 
conservation purposes for cultural agencies; 
(e) cultural education programs and scholarships; and 
(f) maintenance of Heritage Zones. 
Provided, That the deduction shall be equivalent to 150 percent of the value of 
such donation: Provided further, That other tax incentives shall be promulgated for 
owners of real estate that have been marked or identified as national cultural treasure or 
important cultural treasure: Provided finaly, That the Commission, in coordination with 
the Department of Finance, shall promulgate the necessary implementing guidelines to 
carry out the purpose of this Section. 
SEC. 34. National Heritage Resource Assistance Program. - The Commission 
may provide financial assistance in the form of a grant to historic, archaeological, 
architectural, artistic organizations for conservation or research on cultural property. No 
grant made pursuant to this Act shall be treated as taxable income. 
SEC. 35. Awards and Citations. - To encourage preservation of the national 


1 
heritage, the Commission shall establish an annual conservation recognition program 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
under which monetary prizes, awards and citations will be given by the President of the 
Philippines, upon the recommendation of the Commission, for special achievements 
and important contributions and services in the area of heritage preservation and 
conservation efforts. 
ARTICLE X 
CULTURAL EDUCATION 
SEC. 36. Incorporation of National Cultural Treasures and Important 
Cultural Properfy in the Basic Education System, - Within one (1) year from the 
effectivity of this Act, the Department of Education in coordination with the 
Commission’s Philippine Cultural Education Program, shall formulate the cultural 
heritage education programs both for local and overseas Filipinos to be incorporated 
into the formal, alternative and informal education, with emphasis on the protection. 
conservation and preservation of cultural heritage property. 
The Philippine Registry of Cultural Property shall likewise be incorporated into 
formal, alternative, and informal education by the provincial and local governments. 
SEC. 37. Cultural Heritage Education Program. - Within one (1) year from the 
effectivity of this Act, the Department of Education in coordination with the Commission 
shall set forth in its teaching programs nationwide the following cultural heritage 
education programs with emphasis at the provincial, city and municipal levels: 
(a) Protection, conservation and preservation of cultural heritage properties; 
(b) Instructional materials in prints, film and broadcast media on the cultural and 
26 
21 
28 
local cultural properties. 
29 
historical significance of cultural properties; and 
(c) Visitation, public accessibility and information dissemination on designated 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
SEC. 38. Public Accessibility. - Access to historic monuments and sites. 
whether designated as National Cultural Treasure, Important Cultural Property. 
Autonomous, Provincial, City, Municipal or Barangay Cultural Property, by the general 
public for visitation and information, and by government representatives for inspection. 
shall not be hindered except on reasonable cause. Fees, as prescribed by the cultural 
agency concerned, may in appropriate cases be charged to defray cost of conservation, 
inclusive of general maintenance and upkeep. In the case of privately owned 
monuments and sites, the National Historical Institute shall arrange with the owners the 
schedules of visits and regular inspection. 
ARTICLE XI 
CULTURAL HERITAGE WORKERS INCENTIVES PROGRAM 
SEC. 39. Cultural Heritage Workers’ Incentives. - The Commission through 
the cultural agencies shall institute scholarships, educational training programs, and 
other measures to protect the well being of curators, conservators, authenticators and 
valuatorslappraisers of cultural property and other cultural heritage workers. 
(a) Program for Cultural Heritage Workers. Within ninety (90) days from the 
effectivity of this Act, the Commission through the cultural agencies 
concerned shall come up with the following: 
1) An active Roster of Authenticators and Valuators/Appraisers; 
2) An education and training plan for conservators, authenticators, 
valuatorslappraisers, and other conservation related workers; and 
3) A general training plan on conservation for local government units. 
(b) Application of Scientific Career Merit System. Cultural heritage workers in the 
Civil Service with a Doctorate, Master of Science, or Master of Arts Degree in 
fields related to cultural heritage promotion and conservation, shall be given 
the rank and benefits of Scientists, subject to qualifying standards equivalent 
to those prescribed in the scientific career merit system of the government. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
A cultural heritage worker involved in science and technology in the government 
agencies shall be eligible for the benefits under Republic Act 8439 or the Magna Carta 
for Scientists, Engineers, Researchers and other Science and Technology Personnel in 
Government. The Commission shall likewise establish a merit award system for non- 
civil service cultural heritage workers. 
ARTICLE XI1 
PENAL PROVISIONS 
SEC. 40. Prohibited Acts. - To the extent that the offense is not punishable by a 
higher punishment under another provision of law, violations of this Act may be made by 
whoever intentionally: 
(1) Destroys, demolishes, mutilates or damages any WHS, NCT, ICP, and 
archaeological and anthropological sites; 
(2) Modifies, alters, or destroys the original features of any national shrine, 
monument, landmark and other historic edifices and structures, declared, 
classified, and marked by the National Historical Institute as such, without the 
prior written permission from the Commission, This includes the designated 
security or buffer zone, extending five meters from the visible perimeter of the 
monument or site; 
(3) Explores, excavates or undertakes diggings for the purpose of obtaining 
materials of cultural historical value without prior written authority from the 
National Museum. No excavation 'or diggings shall be permitted without the 
supervision of a certified archaeologist; 
(4) Appropriates excavation finds contrary to the provisions of the New Civil Code 
and other pertinent laws; 
(5) Imports, sells, distributes, procures, acquires, or exports cultural property 
stolen, or otherwise lost against the will of the lawful owner; 
(6) Illicitly exports cultural property listed in the PRECUP or incorrectly declares 
the same during transit; and 
25 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
I6 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(7) Deals in cultural property without proper registration and license issued by the 
cultural agency concerned. 
SEC. 41. Penal Provisions, - Upon conviction, the offender shall be subject to a 
fine of not less than Two Hundred Thousand Pesos (P200,OOO.OO) or imprisonment for 
a term of not less than ten (IO) years, or both upon the discretion of the Court 
Provided, That any cultural property attempted to be concealed from registration or 
those intended to be encumbered or excavated in violation of this Act shall be 
summarily confiscated and forfeited in favor of the Commission: Provided further, That if 
the violation is committed by a juridical person, the president, manager, representative, 
director, agent or employee of said juridical person responsible for the act shall also be 
liable for the penalties provided herein: Provided furthermore, That if the acts are 
committed by dealers, they shall suffer, in addition to the penalties provide herein, the 
automatic revocation of their license to operate: Provided finally, That if the offender is 
an alien, he shall be placed under the custody of the Commission on Immigration and 
Deportation for the appropriate proceedings under this Act, and shall be summarily 
deported after serving his sentence. 
All heads of departments, commissions, bureaus, agencies or offices, officers 
and/or agents found in violation of the deputization order under Section 26 of this Act 
shall upon conviction be subject to a fine of not less than Five Hundred Thousand 
Pesos (P500,OOO.OO) and/or imprisonment for a term of not less than fifteen (15) years, 
and shall likewise be dismissed from the service. 
If the offense involves the non-registration of a cultural property such as those 
referred to in Section 14, and the non-registration occurs upon or after proper 
notification by the Commission or the cultural agency concerned, the offender shall be 
subject to a fine of not less than ten thousand pesos (Pl0,OOO.OO) but not more than 
one hundred thousand pesos (PI 00,000). 
The concerned head of agency, officer and/or employee of the government 
entities mentioned in Section 30 shall be held liable for failure to consult and coordinate 


1 
with the Commission for the damage to the cultural property resulting from the 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
implementation of the entity’s programlproject, and shall be meted the penalty 
mentioned in the first paragraph of this section: Provided, That the offenderk shall 
likewise be asked to pay for the repair or rebuilding of what has been damaged. 
SEC. 42. Appropriations. - Funding for this law shall be taken from the Fifty 
percent (50%) share of the government in the aggregate gross earnings of the 
Philippine Amusement and Gaming Corporation (PAGCOR), including other partners in 
the culture and arts sector from the Government Organizations (GOs) and Non- 
Government Organizations (NGOs), which shall constitute an additional source of 
funding for the National Endowment Fund for Culture and the Arts (NEFCA). 
SEC. 43. Repealing Clause. - The provisions of RA 7356 or the National 
Museum Law, Republic Act 9072 or the National Caves and Cave Resources 
Management and Protection Act, Presidential Decree No. 1505, RA 7942 or the 
Philippine Mining Act of 1995, and any provision of existing laws, rules, decrees and 
executive orders inconsistent with the provisions of this Act are hereby repealed and 
modified accordingly. 
SEC. 44. Separability Clause. - Any portion or provision of this Act that may be 
declared unconstitutional shall not have the effect of nullifying other portions or 
provisions hereof as long as such remaining provisions can still subsist and be given 
effect. 
SEC. 45. Effectivity Clause. - This Act shall take effect fifteen (1 5) days after its 
complete and full publication in the Official Gazette or in at least two (2) newspapers of 
general circulation, whichever comes first. 
Approved,