THIRTEENTH CONGRESS OF THE 
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IWPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
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S E N A T E  
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Inixodwxd by SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
Sections 14, 15, and 16 on Arts and Cnlture in Article XIV of the Constitution 
are unambiguous, to wit: 
The State shall foster the preservation, enriskinrur:nt, and dynamic 
evolution of a Filipino national culture based on the principle of unity 
in diversity in a climate of free artistic and intellectual expression. 
Arts and letters shall enjoy the patronage of the State. The State shall 
conserve, promote, and popularize the nation's historical and cultural 
heritage and resources, as well as artistic creations. 
All the country's artistic and historic wealth constitutes the cultural 
treasure of the nati,on and shall be under the proleclion of the State 
which may regulate its disposition. 
Nowadays, experts calculate that illicit art trade ranks high among illicit trade 
activities, alongside drug and weapons trafficking. Illicit transactions go hand in 
hand with theft, looting of archaeological or palaeontological excavation sites and 
discoveries, destruction of cultural goods, and smuggling. AU of w$ich cause 
countries worldwide to incur massive damage to their cultlira1 heritage. 
This measure aims to provide the statutory mechanism that will govern the 
importation of cultural goads into the' Philippines, their transit, export, and return 
out of the Philippines. Will1 this Act, the Philippine government concretizes its share 
in the role to maintain the cultural 'heritage of mankind and to prevent theft, 
pillaging, and illegal import and export of cultural goods. 
This bill, therefore, does it share in giving life to the aforesaid cons$itutional 
precepts. 


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Introikiced by SENATQR EDGARDO J. ANGARA 
Be it enacted by’ the Senate and the House of Representatives of tht Philippines in 
Congress duly assembled : 
AN ACT PROVIDING MECHANISMS TO REGULATE THE IMl’ORT, 
TRANSIT, EXPORT, AND RJ3PATRIATJQN OF CULTURAL PROPERTY 
INTO AND FROM THE PHKIPPINES. 
SECTION 1. Short Xi’& This Act shall be known as the “Cnltnral Pvopeyty 
Transfer Act of 2005. ” 
SECTION 2. Declar@ion of Policy. It is hereby declared the policy of the State 
to protect, develop, conserve and promote the nation’s ciiltural heritage, artistic 
creations and resources as well as s,afegu&rd their intrinsic value. 
It is likewise declared the policy of the State to make a contribiflion to the 
maintenance of the cultural heritage of mankind and prevent theft, looting, and illicit 
import and export of cultrrral property. 
SECTION 3. DeJtr~itinns. For purposes of this Act, the following terms shall 
be defined as follows: 
1. ‘Criltnml propwti’es” are old buildings, monuments, shrines, documenis and 
objects which may be classified as antiqiies, refers to any significant property 
from a re1,igious or universal standnoint for archeology, pre-history, history, 
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literature, arts or sciences belonging to the categories under Artick 1 of the 
UNESCO Convention of 1970; 
2. “Cnltwnl hevitagel’ refers to the entirety of cultural property belonging to one 
of the categories under Article 4 of the UNESCO Convention 1970; 
3. ‘LCtdtnral Institrrtions” shall refer to the a) National Museum, its branches 
and field offices, b) National Library, c) Cultural Center of the Philippines, d) 
National Historical Institute, e) Records Management and Archives Office, 
and t) such other museums as are established by Local Government Units 
@GUS); 
4. “Contracting stou‘es’’ are considered states having ratified the UNESCO 
Convention of 1970; 
5. “Description of cultural property” shall include,! among others, a) the object 
type, material, measurements or weight, mptive, inscriptio,n, marking or other 
sp,ecial characteristic (namely damage and repah) of cultural property; and b) 
era or cseation date, creator, title of th8e cultura1:property to the extent known 
or that can be established at justifialile expense; 
6. ‘%xception,nl Events” shall refer to either a)! armed conflicts, b) natural 
disasters, or c) other exceptional events that endan,ger the cultural heritage of 
a country; 
7. “nlicit impovt” refers to an import in violation of an agreement in terms of 
Section 4, letter C or a measure in terms of Section 4, letter D; 
8. “Oyigin or proveqmce of the crrJtrrrnl propertyl ’’ shall refer to the origin of the 
cultural property as well as place of manufactnre, or if the result of 
archaeological or palaeontological excavations; the pla,ce where the cultural 
property was found; 
9. “NGtional n’Yzi.wrim (heveinnfter refirred to as the ‘Musezim”) shall refer to the 
lead government cultural agency created pursuant to Republic Act No.8492, 
tasked with preserving and protecting the cultural properties of the country, 
and which shall implement the provisions of this Act; 
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10. “Philippine Cjiltural Property Regisiiy or PRECUP” refers to the registry of all 
cultural property of the country deemed of ,significant importance to our 
cultural heritage; 
11. “Tran$er of cii&nviil property” r e h s  to the leial transaction against paynwnt 
in the art trade or auctiqiiing business that transfers ownership of the cultural 
property to a p.erson; 
12. “UNESCO Convention of 1970’’ or the Convent.i,on on the Means of 
Prohibiting and Preventing the Jlljcit Import, Export and Transfer of 
Ownership of Cultural Property. 
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Section 4. Establishnrent of a Philkpine Registry of Cultrival Pvoperty. Cultural 
property of the country deemed of significant importance for the cultural heritage 
shall be registered in the Philippine Registry of Cultural Property (PRECUP). 
Said registration shall have the following effects: 
a. Cultural property may neither be acquired by adverse possession nor 
acquired in good faith; 
b. The claim for return is not subject to a statute of limitation; 
c. The definitive export of the cultural property from the Philippines is 
prohibited. 
The registration of cultural property in the PRECUP mpy be removed, to the 
extent that: 
a. The cultural property no longer has a significant importance to the 
cultural heritage; 
b. Consolidation speaks in favor of an ensemble; 
c. The Philippines loses its title to the cultural property or waives the 
same. 
The National Museum operates the PRECUP in the form of an etcctronic 
database and publishes the same in. 
SECTION 5. Imp& and Export qf Criltrival Pvoperty. 
A. Export Perniit for Cnltmil Propwty Registeren in tlw PPhiBippine Regk;hy 
of Cdtciral Property. 
1. Whoever desires to export cultural property registered in the Philippine 
Registry of Cultural Property requires authorization of the Board of 
Trustees of the National Museum. 
2. The application for an expart permit must be submitted, at the latest, 
thirty (30) days prior to the intended export from the Philippines. Said 
application must include the following: a) the purpose of the temporary 
export; b) the export date of the cultural property; and c) the repatriation 
date of the cultural property. 
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The following must be appended to the application: a) a description of the 
cultural property; b) the inventory of the cultural property in the 
PRECUP. 
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3. Authorization shall be granted on& in two (2) instances: a) IF the cnltural 
property is exported on a temporary basis; and b) IF export occurs for 
reasons of research, conservation, exhibition, or analogous cases. 
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government. 
B. Philipyine Xepntrintion Claims. The Board of Trustees of the National Museum 
will claim the right of repatriation vis-a-vis all other contracting states should 
cultural property registered in the PRECUP be illicitly exported from the 
country. Any compensation and costs will be carried by the Philippine 
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Agreements. For the protection of cultural and foreign affairs interests and to 
secure cultural heritage, Philippines may conclude international treaties with 
contracting states on the import and repatriation of cultural property 
(Agreements), Provided, That the following conditions are fulfilled: 1) the 
scope of the agreement must be cultural property of significant importance to 
the cultural heritage of the contracting state in question; 2) the cultural 
property must be subject to export provisions in the state in question for the 
purpose of protecting cultural heritage; and 3) the contracting state shall 
grant reciprocal rights. 
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of 1970. 
D. Limited Measures. To protect a state’s cultural heritage jeopardized by 
exceptional events, the Muxum shall enable the import, transit, and export of 
cultural property, tie it to conditions, liwitations, or prohibitions; or take part 
in common international actions in terms of Article 9, UNESCO Conventi,on 
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requirements. 
Limited measures may also include mandatory permits and n0tificati.m 
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In both, the measures must be limited in time. 
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E. Repntr&tion Ckzims based on Agyeetneids 
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1. Whoever possesses cultural property illicitly imported into the Philippines, 
can be sued for repatriation by the country from which the cl-rltural 
property was illicitly exported. In particular, th,e colmtry filing suit must 
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show that the cultural property is of significant importance to its cultural 
heritage and was imported illicitly; 
The court can suspend the execution of repatriation until sudi time as the 
cultural property is no longer in jeopardy during repatriation; 
The country filing suit carries the costs for measures necessary for 
securing, maintaining, and repatriating the cultural property; 
Claims for repatriation by a state are snbject to a statute of limitation of 
one year after its authorities gain lcnowledge of where and with whom the 
cultural property is located, at the latest, however, 30 years after the 
cultural property is illicitly exported; 
Whoever acquires cultural property in gsrod faith and must return the 
same, has a claim for compensation at the time of repatriation, oriented to 
the purchase price as well as necessary and useful expenses for protecting 
and maintaining the cultural property; and 
The state filing suit must pay the compensation. The person required to 
return the cultural property retains a right of retention of the same until 
compensation is paid. 
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A. Request. Should cultural property of one contracting state be on temporary 
loan for an exhibition in a museum or another cultural institute in the 
Philippines, the institution loaning the cultural property may request that the 
Museum issue a return guarantee to the loaning institution for the period of 
the exhibition as stipulated in the loan agreement. 
The request for issuance of a return guarantee must be made, at the latest, 
three (3) months prior to the intended import of the cultural property into the 
Philippines. 
The application must include the following information: 
a. Name and address of the loaning institution; 
b. Description of the cultural property; 
c. As precise a description as possible of the cultural property's origin; 
d. Intended timeframe for the temporaly import of cultural property 
into the Philippines; 


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e. Intended timeframe for the export of the cultural property from the 
Philippines; 
f. Exhibition dates; and 
g. Application dates for the return guarantee. 
A copy of the loan agreement with the loaning institution must be 
appended to the application. The copy must indicate that the cultural property 
will return to the contracting state from which it was borrowed at the 
completion of the exhibition in the Philippines or at the completion of a 
traveling exhibition through multiple countries. 
B. PirlJicdon and Procedures for O,l!jections. 
1. The request is published in the PRECUP Gazette. The publication 
contains a precise description of the cultural property and its origin; 
2. If the request clearly fails to fulfill the cqnditions for issuing a return 
guarantee, the request will be denied and not published; 
3. Parties may file an objection in writing to the Commission body within 30 
days. The deadline commences with publication; 
4. Failure to file an objection precludes the parties from further action. 
C .  Is,stmnce. The Board of Trustees of the Museum decides on the request for 
issuing a return guarantee. 
The return guarantee may be issued in the event that: 
a. No person claims ownership to the cultural property througji an 
objection; 
b. The import of the cultural property is not illicit; or 
c. The loan agreement stipulates that the cultural property will be 
returned to the contracting state of origin following the conclusion of 
the exhibition. 
The Mus,eum may establish addjtional requirements. 
D. 2@ect. The return guarantee means that neitlxr private parties nor anthori4 ies 
may make legal claims to the cultural property as long as the cultural property 
is located in the Philippir#es. 
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(50%) of asserted costs. 
SECTION 7. Financial Assi,?rtance to the Eenefit of Maintaining Ciiltwal 
Heritage. An application for financial assistance to the benefit of maintaining the 
cultural heritage of another country must be submitted to the National Museum prior 
to executing the intended action. It may amount to a maximum of fifty percent 
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The Philippine government may grant financial assistance a) to museums or 
similar institutions in the Philippines for the temporary fiduciary custody and 
conservatory care of cultural property that is part of the cultural heritage of another 
state and is in jeopardy in that state dqe to exceptional events; b) for projects to 
maintain the cultural heritage of other contracting states; or c) under exceptional 
circumstances to ease the restitution of the cuhral heritage of contracting states. 
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A. 
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Financial Assistanace for Fihiciary Care 
1. Financial assistance for fidnciary custody and custody care may amount 
to a maximum of Fifty Thousand Pesos (P50,OOO.OO) annually; 
2. Financial assistance will only be granted to museums or similar 
institutions that are a) active in a significant and recognized manner in the 
corresponding specialty; and b) orient their activity according to 
deontological rules of the museum profession. 
3. Financial assistance may only be paid out when the fiduciary custody 
occurs in agreement with the authorities of the other state; or occurs under 
the auspices of UNESCO or another international organization for the 
protection of cultural property. 
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paid in installments. 
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B. Financial Assistance for Projects to Maindain Crrlliwal ITeritage. 
1. Projects to maintain the cultural heritage of another contracting state will 
be supported with a one-time flat-rate contribution of maximum One 
Hundred Thousand Pesos (PlOQ,OOO.OO) per project. The amount can be 
2. This amount may be exceeded only under exceptional circumstances. 
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1. Financial assistance to ease restitution of thp culhiral heritage of a 
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contracting state is granted exclusively to state antliorities and 
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international organizations. 
C. Fimrrcld Assistance for Pro,jccts to Ease Restitwtinn sf Cwlniri& Tteritage. 
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2. It shall amount to a maximum of Two Hundred Thousand Pesos only 
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(P200,000.00) 
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3. It will only be granted when the contracting state provides its own funds 
commensurate with its financial strength. 
4. It serves to cover a) court, legal, insurance, restoration and transportation 
costs to the extent necessary for restitution and that are actually incurred; 
and b) compensation to third parties under exceptional circumstances. 
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SECTION 8. Conveyame qf CnIfwaI Pmperty. 
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A. Conveyawe to Caltnral Inslihrtiorrs. Cultural institutions are prohibited 
from acquiring or exhibiting cultural property that 1) was stolen, lost against 
the will of the owner or illegally excavated; or 2) are part of the cdhiral 
heritage of a state and have been illicitly exported from the same. 
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specialized body. 
Cultural institutions offered such property must immediately report it to the 
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B. Ditty o,f Diligence. 
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1. In the art trade and auctioning business, culhiral property may be 
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transferred: Pvovided, That the person transferring the property may 
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assume, under the circumstances, that the cultural property was neither 
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stolen, lost against the will of the owner, illegally excavated, nor illicitly 
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imported; 
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2. Persons active in the art trade and auctioning business are obligated 
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a. To establish the iclmtity of the supplier or seller and require a written 
declaration from the same of his or her right to dispose of the cultural 
property; 
b. To inform their customers about existing import an8 export 
regulations of the Contracting states; 
c. To maintain written records on the acquisition of cultural prqperty by 
specifically recording the origin of the cultural property, to the extent 
known, and the nqme and address of the supplier or seller, a 
description as well as the sales price of the cultural property; 
d. To provide to the Museum all necessary information on fulfilling this 
duty of diligence. 
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The records and receipts must be stored for 30 years. 
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1. Cultural institutions as well as persons active in the art trade o,r auctioning 
business must establish the identification to the seller or sypplier based on 
the following information: 
a) For persons and sole proprietors: Last name, first name, birth date, 
domicile address, citizenship; and 
b) For legal entities and partnerships: Company name and domicile 
address. 
2. Establishing identify is no longer required when previously established. 
D. Inspection. 
1 To inspect adherence to the duty of diligence, the Museum has access to 
business rooms and storage areas of persons active in the art trade and 
auctioning business. The Museum shall announce on-site inspections in 
advance, unless a risk exists that the cultural property or associated 
documents will be removed from inspection. 
2 When the Museum has reasonable suspicion that criminal activity is 
present under this Act, it will file a complaint with the competent criminal 
prosecution authorities. 
SECTION 9. Implementing Agency. The Board of Trustees of tlig National 
Museum shall appo.int a specialized body for the execution of this Act, specifically 
assuming the following tasks: 
a. Advising and supporting the enforcement agencies on issues of the transfer of 
cultural property and coordinating the corresponding work; 
b. Representing Philippines visii-vis foreign authorities on issues of the transfer 
of cultural property; 
c. Working together with authorities from other states to secure their culmral 
heritage; 
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d. Providing information on issues of the transfer of cultural property to persons 
active in the art trade and auctioning business as well as other interested 
circles; 
e. Maintaining a listing of information centers on reported stolen cultural 
property; 
f. Administering the PRECUP in the form of an electronic database and 
publishing the same; 
g. Issuing return guarantees; and 
h. Inspecting compliance to the duty of diljgence of persons active in the art 
trade and auctioning business. 
SECTION 10. Customs Declnration. Customs authorities shall inspect the 
transfer of cultural property at the border. They are authorized to withhold 
s.nspicious cultural property during import, transit, and export, and report it to 
criminal prosecution authorities. 
a. Whoever imports, transits or exports cultural property must provide the 
following at the customs declaration: i) the cultural property object type; ii) as 
detailed a description as possible on the place of mannfacture, or if the result 
of archaeological or palaeontological excavations, the place where the 
cultural property was found. 
b. Whoever imports or transits cultural property must declare at tIx ciistoms 
declaration that the export of cultural property from a contracting state is not 
subject to a permit under the laws of that state. 
Arrival of cultural property at customs storage facilities is considered import 
in terms of this Act. 
SECTION 11. Crimind Prosecution Authorities. The competent criminal 
prosecution anthorities will order the seizure of the cultural property when suspicion 
exists that tlre cultural property was stolen, lost against the will of the owner or 
illicitly imported into the Philippines. 
Each seizure must be reported immediatGly to the Museum. 
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SECTION 12. Iiitcr.imtinnnl Oflcial and Legal Assisfnnce. The Board of 
Trustees of the Museum may cooperate with competent foreign authorities and 
international organizations and bodies and coordinate inquiries to the extent that: 
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secrecy. 
a. It is required for the execution of this Act; and 
b. The foreign authorities, international organizations or bodies are bound 
by official secrecy or are subject to a corresponding duty to olverve 
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The Board may request d,clivery of required data from foreign authorities. In 
order to receive the data, they may provide data specifically on: 
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property; and 
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c. The financial arrangement of the transactions. 
a. The quality, quantity, destination and 1o.cation of use, purpose of use as 
well as the recipients of cultural property; 
b. The persons participating in the delivery or procurement of cultural 
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The Board may provide th,e data pursuant to paragraph 2 on their own 
initiative or at the request of the foreign state, to the extent that the state in question 
a) retains reciprocal rights; b) guarantees that data will only be processed for 
purposes pursuant to this Act; and c) guarantees that the data may only be used in 
criminal proceedings, if legal assistance in criminal proceedings would not be 
precluded by the type of crime; in this case, the competent federal administrative 
authorities consult the Federal Office of Justice in advance on the possibility of legal 
assistance in criminal proceedings. 
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SECTION 13. Pettal Prwisiom. To the extent that the offense is not 
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threatened with a higher punishment under another provision, violations of this Act 
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may be made by whoever intentionally: 
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b. Appropriates excavatio.11 finds; 
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import or transit; or 
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a. Imports, sells, distributes, procures, acquires, or exports cultural property 
stolen or otherwise lost against the will of the owner; 
c. Illicitly imports cultural properly or incorrectly declares the same during 
d. Illicitly exports cultural goods liqed in the PRECUP or incorrectly 
declares the san3e during export. 
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Upon conviction, the offender shall pay a fine of not more than Five Hundred 
Thousand Pesos (P500,000.00) or imprisonment of not more than five (5) years or 
both upon the discretion of the court: Provided, that objects or materials attempted to 
be concealed from registration or those intended to be exported or excavated in 
violation of this Act shall be summarily confiscated and forfeited to the National 
Museum: Provided,&rther, that if the violation is committed by a juridical person, the 
manager, representative, director, agent or employee of said juridical person 
responsible for the act shall also be liable to the penalties provided herein; Provided, 
finally, That if the acts are committed by the art dealers or the owners or operators of 
art galleries, they shall suffer, in addition to the penalties provided herein, the 
automatic revocation of their license to operate. 
TO the extent that the offence is not threatened with a higher sanction under 
another provision, a person may be fined up to Two Hundred Thousand Pesos 
(P200,000.00), who within the art trade or auctioning business a) disregards the duty 
of diligence; orb) frustrates inspections. 
There shall be created a division of cultural properties in the National 
Museum clothed with adequate police power to prosecute violators of this Act. 
SECTION 14. Appvnpviutions. The sum of Fifteen Million Pesos 
(Pl5,000,000.00) is hereby appropriated annually out of the General Appropriations 
Act, not otherwise appropriated, to carry out the provisions of this Act. 
SECTION 15. Disclnsirve Requivement. The customs authorities and the 
competent criminal prosecution authorities are required to disclose violations of this 
Act to the specialized body. 
SECTION 16. I%n-Retvonctive App&ktimr. Thi8 Act is not appkXl;,hle 
retroactively. In p.articular, it is not applicahle to acquisition activities that took place 
prior to this Act entering into force. 
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SECTION 17. Implementing Rules and Regiihtions - The Board of Trustees of 
the National Museum shall promulgate the necessary rules and regulations for the 
effective implementation of the provisions of this Act. 
SECTION 18. Synvqhility CZajise. 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 portions or provisions can subsist and 
be given effect in its entirety. 
SECTION 19. §wing Clntise. All laws, rules, regulations, other issuances or 
parts thereof which are inconsistent with this Act are hereby repealed, amended, or 
modified accordingly. All provisions deemed inconsistent with this Act shall 
however remain in full force and effect. 
SECTION 20. Effectivity. This Act shall take effect fifteen (15) days from its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation, whichever comes first. 
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Approved, 
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