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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
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s. NO. 
Introduced by Senator Juan M. Flavier 
EXPLANATORY NOTE 
This bill aims to protect and preserve our cultural heritage by laying down 
comprehensive and relevant policy directives. To achieve this goal, this bill mandates 
the enlistment of the widest aggrupation of agencies and offices in the work of 
preserving and promoting our cultural heritage. 
The National Commission for Culture and the Arts (NCCA) with its affiliate cultural 
agencies such as the Cultural Center of the Philippines, Records Management and 
Archives Office, National Historical Institute, National Library, National Museum, and the 
Komisyon sa Wikang Filipino, and for the purposes of this Ac\,’the National Commission 
for Indigenous Peoples, the Department of Environment and Natural Resources, 
Department of Interior and Local Government, the Office of Muslim Affairs and the 
Autonomous Regional Government in Muslim Mindanao are some of the agencies 
deemed in this bill to be assuming responsibilities in the promotion, protection and 
preservation of our cultural heritage. 
the bill lays down categorization of properties related to our cultural heritage. Historical 
zones are also proposed to be set up in line with preservation and protection efforts. 
Various incentives are also being laid down in this bill, aimed at making the task 
of preserving and promoting our cultural properties easier for all sectors in Philippine 
society. 
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To facilitate the work of identifying and protecting the country’s cultural heritage, . 


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A cultural heritage Trust Fund is also being proposed to be set up, which will 
primarily be used in the preservation of our cultural heritage. Finally, penalties through 
penal provisions are provided for in the bill to make implementation efforts effective. 
Early approval of this bill is earnestly sought. 
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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
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Introduced by Senator Flavier 
AN ACT 
PROVIDING FOR THE PROTECTION AND PRESERVATION OF PHILIPPINE 
CULTURAL HERITAGE AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
CHAPTER I 
PRELIMINARY CONSIDERATIONS 
Section 1. Short Title. - This Act shall be known as the “Philippine Cultural 
Heritage Act of 2004.” 
Sec. 2. Declaration of Policies. - It is hereby declared to be the policies of the 
State: 
a) To protect, preserve, conserve and promote the nation’s cultural heritage] its 
property and histories, and the ethnicity of local communities; 
b) To establish and strengthen cultural institutions; and 
c) To protect cultural workers and assure their professional development and 
well- being. 
Sec. 3. Definition of Terms. - For purposes of and as used in this Act, the 
following terms shall be taken and understood in the sense indicated hereunder: 


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(a) Adaptive Re-use - using a building of cultural value for a purpose different 
from that for which it was intended originally, in order to conserve the site 
especially its architectural integrity; 
(b) Anthropological Area - any place where studies of specific ethno-linguistic 
groups are undertaken, the property of which are of value to Philippine 
cultural heritage; 
(c) Antique - a cultural property that is at least 100 years old. A significant 
cultural property that is less than 100 hundred years old but is no longer 
produced, and has flourished representing a characteristic historical period, 
shall also be considered an antique; 
(d) Archaeological Area - any place, whether above ground or underground, 
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 - public and private records which have been selected for 
permanent preservation because of their evidential, historical informational 
value; otherwise known as archival materialskollections 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; 
(9 Commission - refers to the National Commission for Culture and the Arts 
(NCCA) with its affiliate cultural agencies, which includes but not limited to the 


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Cultural Center of the Philippines, Records Management and Archives Office, 
National Historical Institute, National Library, National Museum, and the 
Komisyon sa Wikang Filipino, and for the purposes of this Act, the National 
Commission for Indigenous Peoples, the Department of Environment and 
Natural Resources, Department of Interior and Local Government, the Office 
of Muslim Affairs and the Autonomous Regional Government in Muslim 
Mindanao, shall be considered cultural agencies; 
(9) Conservation - all the processes and measures of looking after a place, 
artifacts, and ecofacts so as to retain its cultural significance; it includes 
maintenance and. may, according to circumstances, include preservation, 
restoration, reconstruction and adaptation or any combination thereof; 
(h) Cultural Education - is the teaching and learning of essential cultural 
concepts and processes; 
(i) Cultural Heritage - the totality of cultural property preserved and developed 
through time and passed on to posterity; 
(j) Cultural Heritage Zone - refers to historical, anthropological, archaeological, 
artistic geographical areas and settings that are culturally significant to the 
country, the context of which needs to be preserved. It includes within its 
comprehension, cultural space; 
(k) Cultural Institution - refers to cultural agencies and all other entities 
engaged in cultural work; 
(I) Cultural Heritage Worker - an individual undertaking cultural heritage work; 
(m) Cultural Property- refers to all forms of human creativity by which a people 
and a nation reveal their identity, including such natural history specimens 


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and sites, with cultural significance, which may be owned publicly or privately, 
and shall either be tangible or intangible; 
1) Tangible Culfural Property - is a cultural property which may either be 
movable or immovable; antique or newer but of rarity, with historical, 
anthropological, archaeological value and national history, museum 
specimen with significant value, exceptional or traditional. rendition 
threatened by extinction whether of Philippine origin or not but held legally 
within the Philippines; 
2) /nfangib/e Cu/fura/ Properfy -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; 'these 
processes provide living communities with a sense of community with 
previous generations and are important to cultural identity, as well as to 
the safeguarding and cultural diversity and creativity of humanity; 
(n) Cultural Space- an anthropological concept defined as a place where 
popular and traditional cultural activities are concentrated, or a period of time 
involving a degree of periodicity, either cyclical, seasonal or annual, or a 
particular event or physical space that owes its existence to the cultural 
events that traditionally take place there; 
(0) Dealers- refers to galleries and other commercial establishments, agents and 
other individuals dealing and engaging in cultural property for gain or profit; 
(p) History - is a record of past events whether in prehistoric times or historic 
times; 


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(9) Historical Monument and Site - a place or setting where a significant 
development or event occurred, categorized as Historical Shrine, Historical 
Monument and Historical Landmark; 
(r) Historical Zones - places where important historical events occurred which 
are significant to a province, city, municipality or country; 
(s) Important Cultural Property- are those which have been singled out from 
among the innumerable cultural property as having exceptional historical and 
cultural significance to the Philippines, but are not sufficiently outstanding to 
merit the classification of “national cultural treasures”; 
(t) Library - collection of books, computerized information, and other materials 
organized to provide physical, bibliographic, and intellectual access to a 
target group, with a staff that is trained to provide services and programs 
related to the information needs of the target group; 
(u) Local Government Units - refers to the provinces, cities and municipalities, 
barangays, including the autonomous regions; 
(v) Museum - a permanent institution in the service of cultural development and 
open to the public; and which researches, acquires, conserves, 
communicates and exhibits for purposes of study, education and enjoyment, 
material evidences of man and his society and its development and is open to 
the public; 
(w) National Cultural Treasure - is a unique, tangible or intangible, object 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; 


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(x) Natural History Research - a biological study in the area of systematics, 
including the collection of specimens of both flora and fauna as well as 
astronomy, geology and paleontology; 
(y) Natural Property of Cultural Significance - ecological features, such as 
seashores, the seabed and other submarine areas, and other places of 
scenic beauty which possesses a high value from the point of view of art or 
visual appreciation and similar spots with historical or ritual value; and other 
archaeological sites; animals and plants, as well as their habitats; geologic 
features where peculiar natural phenomena is seen and possessing high 
scientific value; 
(2) Reconstruction - returning of the existing fabric of a place, artifacts and 
ecofacts to a known or earlier state by removing accretions or by 
reassembling existing components; 
(aa) Registry - the official listing of Philippine Cultural Property; 
(bb) Renovation - is work carried out on a heritage site or object without regard to 
the possibilities of restoration or reconstruction. Usually, it is the imposition of 
a value, principle, functions, esthetics and materials, original to the site or 
object; and 
(cc) Restoration - returning of the existing fabric of a place, artifacts and ecofacts 
to a known or earlier state by removing accretions inconsistent with historical 
progression or by reassembling existing components without the introduction 
of new materials; 
CHAPTER II 
CULTURAL PROPERTY CATEGORIES 


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Sec. 4. Categories. - The Cultural Property of the country which are either 
publicly or privately owned, and tangible or intangible, shall be categorized as follows 
according to degree of importance: 
(a) National Cultural Treasure; 
(b) Important Cultural Property; 
(c) Autonomous Region Cultural Property 
(d) Provincial Cultural Property 
(e) CitylMunicipal Cultural Property 
(f) Barangay Cultural Property 
The cultural agency concerned shall prescribe the necessary rules and 
regulations for the classification of cultural property for the above categories 
Sec. 5. National Cultural Treasure and Important National Property and 
other Kinds of Cultural Property- The Important National Cultural Property shall 
include the following: 
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National geological wonders; 
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National historical monuments; 
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National historical shrines; 
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National historical sites; 
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National register holdings; 
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Forms of intangible heritage 
Works by a Manlilikha ng Bayan; 
Works by a National Artist; and 
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The cultural agency concerned shall prescribe the necessary rules and 
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regulations 'for the nomination and designation of cultural property under these 


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categories. The cultural agency concerned shall regularly review the aforementioned 
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Important Cultural Property to determine if any can qualify for designation as a National 
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Cultural Treasure. All previously declared National Cultural Treasures are adopted and 
hereby recognized and shall maintain their status as such, unless otherwise 
reclassified. 
Sec. 6. 
Nafional Cultural Treasure’s Privileges. - Cultural property 
designated as National Cultural Treasures shall be entitled to the following privileges: 
a) 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 to be placed by the cultural agency concerned 
indicating that the property has been identified as a cultural property; and 
d) In times of war, civil unrest and natural disasters, all National Cultural 
Treasures shall be given priority protection by the Government. 
CHAPTER 111 
CULTURAL HERITAGE ZONES 
Sec. 7. Hisforical Zone. - The local government units in coordination with the 
National Historical Institute and the Commission shall designate Historical Zones to 
protect the historical integrity of said geographical areas. 
Sec. 8. Maintenance of Historical Zones. - A Historical Zone shall be 
maintained by the local government as much as practicable in its physical appearance 
during the period when the place was of most importance to Philippine Cultural History 
as determined by pertinent cultural agencies. In this regard, the following guidelines 
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sustained conservation; 
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b) Appearance of streets, parks, monuments, buildings, natural bodies of water, 
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canals, paths and barangays within a Historical Zone shall be maintained as 
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closely to their appearance at the time the area was of most importance to 
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Philippine Cultural History. Renaming of streets shall reflect contemporary 
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a) Implementation of adaptive re-use of buildings and sites and other forms of 
sentiments and historical events; and 
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c) Local government units shall document traditional celebrations, historical 
battles and other local customs that are unique to a Historical Zone, and 
sustain the popularity of the celebrations, the recreation of battles, the 
reenactment of customs as part of the local cultural programs. 
Sec. 9. Designation of Cu/tura/ Space. - The local government units, in 
coordination with the Cultural Center of the Philippines and the Commission shall 
designate cultural space to protect intangible cultural property of the community. 
Sec. I O ,  Documentation of Traditional and Contemporary Arts. - The local 
government units shall as far as practicable, document traditional and contemporary 
arts including but not limited to crafts, handicrafts, performances - their raw materials, 
products, processes and makers within the cultural space. 
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 


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contemporary arts and crafts as well as making them viable for current and future 
markets. 
CHAPTER IV 
REGISTRATION OF CULTURAL PROPERTY 
Sec. q 1. Registration of Cultural Property - All cultural property of whatever 
class or category, regardless of ownership shall be registered with the proper authorities 
upon the effectivity of this Act. Government agencies and instrumentalities, government- 
owned and/or controlled corporations and their subsidiaries shall register such property 
within three (3) years upon effectivity of this Act. Private collectors, museums and 
galleries, and owners of private cultural property shall register such property within five 
(5) years upon effectivity of this Act. 
Sec. 12. lnifial hvenfory. - The cultural agency concerned shall undertake 
initial inventory, evaluation and documentation of cultural property in continuous 
coordination with the local government unit. The cultural property thus identified will be 
marked according to their category by the cultural agency concerned. A registry of 
cultural property in the city, municipality and provincial level shall be kept by the cultural 
agency concerned and a copy thereof shall be furnished to the local government unit 
having territorial jurisdiction of the said cultural property. The cultural agency concerned 
and the local government shall continuously coordinate in making entries and 
monitoring the various Cultural Property therein located. 
Sec. 13. National Registry of Cultural Property. - A National Registry of 
Cultural Property shall be established and maintained by the Commission, which shall 
contain the registry maintained by the local government units and cultural agencies. 


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Sec. 14. Non-Divestment of Ownership. - The private collectors and owners of 
cultural property shall not be divested of their possession and ownership thereof even 
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after registration of said property as herein required. They shall continue to use and 
enjoy such property for lawful purposes. 
Sec. 15. Presumption of Use of Public Funds. - All cultural property in the 
possession of the government or any of its agencies and instrumentalities upon the 
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effectivity of this Act shall be presumed to have been acquired with the use of public 
funds or through donations. Accordingly, the beneficial ownership of said property shall 
pertain to the State and the possession thereof shall be subject to the pertinent rules 
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and regulations prescribed by the cultural agency concerned. 
CHAPTER V 
PROTECTION OF CULTURAL PROPERTY 
Sec. 16. Conservation, Restoration and Reconstruction of Cultural 
Propedy. 
a) Ail measures on conservation, restoration and reconstruction of National 
Cultural Treasures, Important Cultural Property, Autonomous Region Cultural 
Property, Provincial Cultural Property, City/ Municipality Cultural Property and 
Barangay Cultural Property shall be undertaken only upon prior approval and 
with the supervision of the Commission through the cultural agency 
concerned; 
b) The private owners shall endeavor to establish working arrangements with 
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administer cultural property with the primary aim of preserving the integrity of 
the property; 


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d) With respect to the conservation and restoration of monuments and sites, the 
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activities shall be sought and incorporated in the respective conservation and 
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restoration plans; and 
c) In the reconstruction of a place or structure, introduction of new materials 
having the same property as the original is allowed, or in extreme cases when 
original materials are no longer available, the use of entirely different material. 
Replacement of material is allowed when this affects structural stability and 
will not detract from the aesthetic appreciation of the building; 
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e) When the presence of any immovable cultural property of great significance is 
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confirmed through documentation to be in danger, the Commission and the 
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other agencies responsible shall immediately suspend all activities that will 
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affect the site. The local government unit which has the jurisdiction over the 
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site where the immovable cultural property is located shall report the same to 
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the Commission immediately upon discovery and shall promptly adopt 
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measures to secure the integrity of such immovable cultural property The 
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suspension of the activities shall be lifted only upon the written authority of the 
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appropriate cultural agency. 
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Sec. 17. Anthropological Research and Archaeological Exploration/ 
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Excavation. 
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a) The National Museum shall take charge of regulating and controlling any 
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foreign anthropological research and local and foreign archaeological 
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1) All cultural property in archaeological context belong to the State and may 
be the subject of expropriation; 
2) No archaeological excavations for the purposes of obtaining materials and 
data of cultural value shall be undertaken except with the written authority 
and supervision of the National Museum; 
3) No research in an anthropological area where the principal proponent is a 
foreign national for the purpose of obtaining materials and data of cultural 
value shall be undertaken except with authority, coordination with and 
supervision by the National Museum; and 
4) No archaeological or anthropological item may leave the country without 
the evaluation and written permission of the National Museum. 
b) When the presence of any cultural property is discovered, the cultural 
agencies responsible thereof shall immediately suspend all activities that will 
affect the site and shall immediately notify the LGU having jurisdiction of the 
place where the discovery was made. The local government shall promptly 
adopt measures to protect and safeguard the integrity of the cultural property 
so discovered and within seven (7) days from the discovery shall report the 
same to the National Museum. The suspension of the activities shall be lifted 
only upon the written authority of the National Museum after the systematic 
recovery of the archaeological materials. 
c) The National Museum shall make provisions for incentives for persons who 
shall discover and report heretofore-unknown archaeological sites. 
d) Any government or non-government infrastructure project or architectural site 
development shall include anthropological, archaeological, historical and 


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heritage site conservation in their environmental impact studies. 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. 
Sec. 18. Immovable National Cultural Treasures. - National Cultural 
Treasures, which are immovable, shall not be relocated, rebuilt, defaced or otherwise 
changed in a manner, which would destroy the property’s dignity except to save such 
property from destruction due to natural causes. 
Sec. 19. Systematic Research in Natural History. - The National Museum 
has the authority to collect, maintain and develop the national reference collections of 
types 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. The National Museum shall inform the Department of 
Environment and Natural Resources of such collection. 
Sec. 20. Renaming of Historical Streets, Buildings Designated as Cultural 
Treasure or Property, - No historical streets, parks, buildings, shrines, landmarks, 
monuments and sites designated as National Cultural Treasures or Important Cultural 
Property shall be renamed except upon written application and approval of the National 
Historical Institute through the Commission. 
Sec. 21. Power to Inspect. - The cultural agencies concerned through the 
Commission is hereby given the power to inspect listed National Cultural Treasures, 
Important National Cultural Property at any time to ensure the protection and integrity of 
such cultural items identified under the National Registry. They may also inspect public 
or private collections or objects that may be categorized as cultural property. 


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Sec. 22. Power to Deputiz the Philippine Nafional Police (PNP), National 
Bureau of Investigation (NBJ and the Armed Forces of the Philippines (AFP). - 
The cultural agencies concerned, through the Commission shall deputize local or 
national law enforcement agencies, including the AFP, to enforce the provisions of this 
Act and its implementing Rules and Regulations. The PNP, NBI and AFP shall, upon 
the request of the Commission, detail their respective personnel to protect the cultural 
items under the National Registry. 
Sec. 23. Eminent Domain. - The Commission may exercise eminent domain on 
a registered site, subject to availability of funds. If a registered site is a property of the 
government, the cultural agencies concerned through the Commission may undertake 
emergency repairs and maintenance work with due notification to the government 
agency or unit having possession or ownership of the registered site. 
Sec. 24. Cultural Property Tax.- Provinces, cities and municipalities, through 
their respective Sanggunians may levy a Cultural Property tax of ’% of 1% on the 
assessed value of the real property such as lands, buildings, machinery and other 
improvements within their respective jurisdictions. 
Collections from this Cultural Property Tax shall be used exclusively for any of 
the following purposes: 
1. Restoration, reconstruction and preservation of designated local cultural 
property; 
2. Local cultural education programs; 
3. Restoration and maintenance of cultural heritage zones; 
4. Organization, support and assistance to local historical and cultural clubs and 
associations; and 


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Restoration and preservation of designated Important Cultural Property within 
their localities. 
CHAPTER VI 
DEALINGS OF CULTURAL PROPERTY 
Sec. 25. Licensing of Dealers of Cultural Properfy. - a) 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 cultural agencies. 
b) 
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. 26. Dealings of Cultural Properfy. No cultural property shall be sold, 
resold or taken out of the country without first securing a clearance from the cultural 
agency concerned. 
CHAPTER VI1 
RESPONSlBlLlN OF CULTURAL AGENCIES 
Sec. 27. Responsibilities of Cultural Agencies for Designation of Cultural 
Property. - The cultural agencies, conformably with their respective charters, shall 
define and delineate upon consultation among themselves their respective areas of 
responsibility with respect to cultural property and assessment of National Cultural 


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Treasures. 
These areas shall be subject to periodic reassessment whenever 
necessary. For purposes of this Act, the following shall comprise the responsibilities of 
cultural and other agencies for the categorization of cultural property: 
a) The Cultural Center of the Philippines (CCP) shall be responsible for cultural 
property pertaining to the performing arts; 
b) The Records Management and Archives Office (RMAO) shall be responsible 
for records, documents and archival materials; 
c) The National Library (TNL) shall be responsible for rare and contemporary 
books, 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 pertain to Philippine Political History with written 
records; 
e) The National Museum (NM) shall be responsible for movable and immovable 
cultural and natural property of significance that pertain to collections of Fine 
Arts, Archaeology, Anthropology, Botany, Geology, Zoology and Astronomy; 
f) The Department of Tourism (DOT) 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; 
g) The Komisyon sa Wikang Filipino shall be responsible for the propaganda and 
promotion of a national Filipino language and the conservation of ethnic 
language; 


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The National Commission on indigenous Peoples acting through indigenous 
cultural communities shall coordinate with the National Agencies on matters 
pertaining to Cultural Property under its jurisdiction; 
The Department of Environment and Natural Resources shall be responsible 
designating Cultural Property under its jurisdiction; 
The Department of the Interior and Local Government shall coordinate with 
the National 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 Units; 
The Office of the Muslim Affairs shall coordinate with the National Agencies on 
matters pertaining to Cultural Property under its jurisdiction; and 
The Autonomous Regional Government in Muslim Mindanao (ARMM) and 
the Cordillera Autonomous Region (CAR) shall coordinate with the National 
Agencies on matters pertaining to Cultural Property under their respective 
jurisdictions. 
Sec. 28. Role of LGUs on frovincia//Community Cultural froperty. - Except 
for the barangays, local government units may file their application of nomination for 
Important Provincial, City or Municipal Cultural Property by means of a certified 
resolution passed by their respective local government councils. 
Sec. 29. Incorporation of Cultural Property Programs in LGU Budgets. - 
The local government units shall incorporate programs and budgets for the conservation 
and preservation of Important Cultural Property in their environmental, educational and 
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Sec. 30. 
Training Programs. - The Commission, in coordination with the 
National Museum, National Historical Institute and National Archives shall provide 
general training programs on conservation to the local government units which have 
established cultural heritage programs and projects in their localities. 
CHAPTER VSll 
CULTURAL PROPERTY INCENTIVES PROGRAM 
Sec. 31. Donation by Private Individuals and Institutions to Cultural 
Agencies. Any donation by private individuals or institutions to cultural agencies, as 
certified by the Commission, shall be deductible from the gross taxable income of the 
individual or institution concerned, for any of the following cultural programs or 
purposes: 
1 ) purchase of National Treasure or Important Cultural Property; 
2) support for scientific and cultural research anthropological projects, 
explorations and archaeological excavations for the Commission and its 
cultural agencies and accredited academic and research institutions; 
3) cultural, archaeological, anthropological, historical research and exhibitions 
and performances' for the Commission and cultural agencies; 
4) purchase of equipment and instruments for cultural agencies; 
5) cultural education programs and scholarships; and 
6) maintenance, conservation, restoration of a National Cultural Treasure or a 
Heritage Zone. 
The Department of Finance, in coordination with the Commission, shall 
promulgate the necessary implementing guidelines to carry out the purposes of this 
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Sec. 32. lncenfives for Private Individuals, Collectors or Entities Financing 
Archeological Excavation. Private individuals, collectors or entities dealing with 
cultural property who will finance the entire cost of an archaeological excavation under 
the supervision of the National Museum or the conservation of a historical site under the 
supervision of the National Historical Institute, whether on private or public land, may 
avail of an alternative to income tax deduction benefits arising from donations as 
provided for in this Act. 
Sec. 33. Sharing of Cukural Propedy. In the sharing of cultural property 
recoveries, all the unique pieces, diagnostic and/or non-marketable property shall 
belong to the National Museum. Thereafter, the manner of sharing shall be as follows: 
the first choice of the cultural property recovered shall be that of the National Museum; 
the second choice will be that of the financier. The alternative choosing by the two (2) 
parties shall continue until the full share of the financier has been determined. 
CHAPTER IX 
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Sec. 34. Cultural Heritage Workers’ lncenfives. The Commission through the 
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cultural agencies shall institute scholarships, educational training programs, and other 
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measures to protect the well being of curators, conservators, authenticators and 
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CULTURAL HERITAGE WORKERS INCENTIWES PROGRAM 
valuators/appraisers of cultural property and other cultural heritage workers. 
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a) Program for Cultural Heritage Workers. Within ninety (90) days from the 
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effectivity of this Act, the Commission through the cultural agencies 
concerned shall provide for the following programs for cultural heritage 
workers: 
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1 ) an active Roster of Authenticators and Roster of Valuators/Appraisers; 


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2) education and training programs for conservators, authenticators and 
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valuators/appraisers; 
3) propose a general training program 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, shall be given the rank and benefits of National Scientists, subject to 
qualifying standards equivalent to those prescribed in the scientific career 
merit system of the government. 
The Commission shall establish a merit award system for non-civil service 
cultural heritage workers. 
CHAPTER X 
SUSTAINABLE CULTURAL EDUCATION 
Sec. 35. Incorporation of Education Program on National Cultural 
Treasures and Important National Cultural Property in the Basic Education 
System. - After one (1) year from the effectivity of this Act, the Department of 
Education in coordination with the Commission shall formulate cultural heritage 
education programs to be incorporated into formal, non-formal and informal education, 
with emphasis on the protection, conservation and preservation of cultural heritage 
property. 
Sec. 36. 
Public Accessibility- - Access to historic monuments and sites, 
whether designated as Important National, Autonomous, Provincial, City, Municipal or 
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Barangay Cultural Property, by the general public for visitation and information, and 


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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. 
CHAPTER XI 
CULTURAL HERITAGE TRUST FUND 
Sec. 37. Cultural Heritage Trust Fund. A Cultural Heritage Trust Fund is 
hereby established exclusively for the protection and preservation of National Cultural 
Treasures and other important cultural property to be administered by the Commission. 
Contributions shall be the following: 
I )  The amount of One Hundred Twenty Million Pesos (120,000,000) from the net 
earnings of the Philippine Amusement and Gaming Corporation, through a 
monthly contribution of Ten Million Pesos (PI 0,000,000) for twelve (12) months, 
as seed capital; 
2) Proceeds from fees for registration of cultural property; and 
3) Donations from local and international sources. 
For purposes of raising funds for the maintenance and restoration of cultural 
property, the Commission may sponsor fund raising activities that promote culture. 
CHAPTER XI1 
VIOLATIONS AND PENALTIES 
SEC. 38. 
Violations. - The following acts and omissions shall constitute 
violations of this Act which shall be penalized with the sanctions prescribed therein: 


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a) Unjustified failure to report the ownership and possession of cultural property 
and register 'the same as required under Section 1 1 hereof; 
b) Use of private cultural property for purposes contrary to law or in a manner 
inimical to national interest or state policy as declared in this Act; 
c) Unauthorized acquisition by a public official of cultural property with the use of 
public funds; 
d) Unauthorized exportation of national cultural treasures outside the counfry to 
the prejudice of national interest; 
e) Any alteration, modification, construction or infrastructure work around or in 
the vicinity affecting immovable national cultural treasures without the written 
permission of the cultural agencies concerned; 
f) Relocation of immovable national cultural treasures and the building of 
structures or undertaking of activities that detract from the property's dignity 
or introduce anything that will pose structural instability; 
g) Dealing in cultural property without a license issued by the cultural agency 
concerned; 
h) Modifying, altering, repairing, defacing, or destroying the original features of 
any historical monument or site, or causing any damage on registered cultural 
property without a written permit from the cultural agency concerned; 
i) Unauthorized occupancy of important cultural property or the use thereof by 
any private entity or government agency for resettlement purposes; 
j) Undertaking archaeological excavations to obtain materials and data of 
cultural value without written permission and supervision of the National 
Museum; 


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Undertaking anthropological research with a foreign national as the principal 
proponeht to obtain materials and data of cultural value without the written 
permission and supervision of the National Museum; 
Exportation of any archaeological, anthropological and item of important 
cultural significance, including rare traditional ethnographic items, without the 
evaluation and written permission of the National Museum; 
m) Unjustified failure by the local government official or officials concerned to 
adopt measures to protect and safeguard the integrity of cultural property 
including those accidentally discovered during archaeological excavation, and 
to report such discovery to the National Museum; 
n) Unjustified failure by dealers in cultural property to submit two (2) consecutive 
inventories as required herein; 
0) Theft or vandalism of a National Cultural Treasure or an important National 
Cultural Property found among the collections or sites of the cultural agency 
concerned or other government office or instrumentality; and 
p) Undertaking biological research by a foreign national to obtain materials of 
scientific value without written permission from the National Museum in 
coordination with the Department of Environment and Natural Resources and 
other pertinent government agencies. 
SEC. 39. Penal Provisions. - 
a) Any person found guilty of violating this Act shall be punished with prison 
correccional with minimum and maximum period of two (2) years, four (4) 
months and one (1) day to six (6) years imprisonment. In addition, the 
objects, items or materials attempted to be concealed from registration or 


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intended to be exported or excavated in violation of this Act or used for 
unlawful purposes shall be forfeited in favor of the cultural agency concerned. 
If a foreign national commits the violation, the penalty imposable shall include 
deportation after service of sentence, forfeiture of the property in favor of the 
Commission and payment of damages. In case the violation is committed by 
an organization, the head of the organization and person directly liable shall 
be the subject of the sanctions; 
b) Any violation of this Act by a cultural worker who has access to public cultural 
property shall be considered an aggravating circumstance under the Revised 
Penal code. In addition, to the above-prescribed penalty, the guilty party shall 
be meted the punishment under Article 226 of the Revised Penal Code and 
shall be sentenced to suffer the disqualification to hold public office. 
CHAPTER Xlll 
FINAL PROVISIONS 
Sec. 40. 
Separability Clause. - If any section or provision of this Act is 
declared unconstitutional or invalid, the other provisions or sections not affected thereby 
shall remain in full force and effect. 
Sec. 41. Repealing Clause. - All other laws, decrees, executive orders, rules 
and regulations or parts thereof inconsistent with the provisions of this Act are hereby 
repealed, amended or modified accordingly 
SEC. 42. Effectivify - This Act shall take effect after fifteen (1 5) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation. 
Approved,