Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL NO, __722

Introduced by Representative Lucy Torres-Gomez

EXPLANATORY NOTE

The 1987 Philippine Constitution mandates that “Arts and letters
shall enjoy the patronage of the State. xxx” (Sec. 15, Art. XIV). Further, it
requires that “The State shall ensure equal access to cultural opportunities
through the educational system, public or private cultural entities,
scholarships, grants and other incentives, and community cultural centers,
and other public venues.” (Sec. 18, par [1]) [italics supplied].

It may be asked, what is the purpose of art? According to Leo
Tolstoy, “An artist’s mission must not be to produce an irrefutable solution
to a problem, but to compel us to love life in all its countless and
inexhaustible manifestations.” For Chesterton, “The dignity of the artist
lies in his duty of keeping awake the sense of wonder in the world.” Henry
Ward Beecher, for his part, stated that “Every artist dips his brush in his
own soul, and paints his own nature into his pictures.” In agreement,
George Bernard Shaw wrote, “You use a glass mirror to see your face; you
use works of art to see your soul.”

Thus, the arts and culture may be said to embody the soul of the
nation. And yet, in terms of governmental support, they are usually
regarded merely as “poor cousins” of education and sports, These latter
areas of human activity always enjoy emphasis by way of budgetary
priority, incentives and other grants way above those being agcorded to the
former. There is, however, no ample reason why artists should be denied
the benefits and incentives given to our athletes as provided for under
Republic Act No. 9064 and the statute which expanded said benefits,
namely, Republic Act No. 10699.

From the earlier discussion, after knowing the purpose of art, it may
legitimately be asked, what is the main problem that besets it? Kurt


Vonnegut puts it succinctly, “The practice of art isn’t to make a living. It’s
to make your soul grow.” Veritably, most artists could not survive, letalone
prosper, by practicing their craft. A lot of parents discourage their children
from choosing the arts as their career arguing that there is no future in such
endeavors. It has been said that Van Gogh, one of Holland’s greatest artists,
sold only one painting in his lifetime although his works are now worth a
fortune. Mozart, on his part (although much through fault of his own), had
to beg for money from his already overextended creditors. And the list goes
on. It is therefore a question for our times, how could we make the arts
flourish?

This measure seeks to correct, to a limited extent, the decades of
neglect, discrimination and sometimes even opprobrium suffered by artists
in a society which prides itself as being democratic and labels itself as
humane. By providing cash incentives and other non-monetary benefits to
Filipino artists, as well as their coaches/instructors, who have won
international competitions thus earning honor and pride for our country,
this proposed legislation would be a step in the right direction in making
the arts a respectable and decent source of livelihood for our artists. At the
very least, it is strongly hoped that this bill would provide the much-needed
spark for the Filipino artists to excel in their own chosen field.

In view thereof, the early approval of this bill is earnestly requested.

LUC aw) ee
q

RepreSentative |
Fourth District of Leyte '


Republic of the Philippines
HOUSE OF REPRESENTATIVES |
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL NO. oe3

Introduced by Representative Lucy Torres-Gomez

AN ACT

GRANTING CASH AND OTHER NON-MONETARY BENEFITS
AND INCENTIVES TO FILIPINO ARTISTS WHO HAVE
BROUGHT HONOR AND RECOGNITION TO THE COUNTRY
BY WINNING IN INTERNATIONAL COMPETITIONS,
INCLUDING THEIR COACHES AND TRAINERS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Filipino
Artists, Coaches and Trainers Benefits and Incentives Act of 2019” or

“Artists’ Benefits and Incentives Act of 2019.”

SEC. 2. Statement of Policy. — The State promotes ae the
arts and richness of culture by looking after the welfare of Filipino artists,
coaches and trainers competing for the country and by providing benefits
and incentives for artists who win in international competitions and bring

honor and recognition to the country.

j
SEC. 3. Definition of Terms. — For purposes of this Act, the

following terms shall be defined as follows:


(a). Filipino artists shall refer to artists, including persons with
disabilities, as defined under Republic Act No. 7277, otherwise known as
the “Magna Carta for Disabled Persons”, as amended, recognized and
accredited in their respective field of arts, and who have won in

international arts competitions; }

(b) International arts competitions shall refer to international arts
competitions under the following categories:

1. Architecture, Design and Allied Arts — include architecture
design, interior design, industrial arts design, landscape architecture and
fashion design;

2, Dance — includes choreography, direction and/or performance;

3. Film and Broadcasting / Broadcast Arts — include direction,
writing, production design, cinematography, editing, camera work, and/or
performance; '

3, Literature — includes poetry, fiction, essay, playwriting, historical
literature, journalism, and/or literary criticism;

4. Music — includes singing, composition, direction, and/or
performance;

5. Theater — includes direction, performance and/or production
design; and

6. Visual Arts — includes painting, sculpture, printmaking,
photography, installation art, mixed media works, illustration, graphic arts,

performance art and/or imaging.; and

(c) Coaches shall refer to coaches, trainers, instructors and/or
mentors who are Filipino citizens, serving Filipino artists who are

representing the country in international arts competitions.


SEC. 4. Benefits and Privileges for Filipino Artists and Coaches.
Any Filipino artist and coach, as defined herein, shall be entitled to the
following:

(a). The grant of twenty percent (20%) discount from all
establishments relative to the utilization of transportation services, hotels
and other lodging establishments, restaurants and recreation centers and
purchase of medicine and arts equipment anywhere in the country for the
actual and exclusive use or enjoyment of the artist and coach;

(b) Minimum of twenty percent (20%) discount on admission fees
charged by theatres, cinema houses and concert halls, circuses, carnivals,
and other similar places of culture, leisure and amusement for the actual
and exclusive use and enjoyment of the Filipino artist and coach;

(c) Free medical and dental consultations in government hospitals
and similar establishments anywhere in the country;

(d) Coverage in the National Health Insurance Program (NHIP) of
the Philippine Health Insurance Corporation (PHILHEALTH);

(c) A comprehensive social security program to be formulated by the
Social Security System (SSS) within one hundred eighty (180) days from
the approval of this Act;

(f) Priority in existing livelihood programs being undertaken by
various government agencies subject to the guidelines and qualifications
by the implementing body;

(g) Priority in national housing programs, affordable “pabahay”
loans and other housing opportunities subject to the guidelines and
qualifications set by the National Housing Authority (NHA) or the Home
Development Mutual Fund (HDMF), and

(h) Use of living quarters and training centers to be set up by the
National Commission on Culture and the Arts (NCCA) for the exclusive


use of Filipino artists while preparing and training for international
competitions.

Such privately-owned establishments shall enjoy tax deductions
equivalent to the discounts extended to the Filipino artists and coaches
under paragraphs (a) and (b) hereof, subject to the rules and regulations to
be issued by the Secretary of Finance, as recommended by the
Commissioner of Internal Revenue (BIR), within ninety (90) days upon the
effectivity of this Act; provided, that the failure of the Secretary of Finance
to promulgate the rules and regulations shall not prevent the

implementation of aforementioned benefits.

SEC. 5. Scholarship Benefits for Filipino Artists. — A Filipino artist
who wins in an international arts competition shall be entitled to
scholarship benefits in the form of full tuition fees from state colleges or
universities for a college or university degree. The winning artist shall
likewise be given priority in the availment of state college or university
scholarship grants.

Likewise, the Commission on Higher Education (CHED) and the
Technical Education and Skills Development Authority (TESDA) shall
give priority to winning Filipino artists who seek scholarship grants and
study under their programs subject to the CHED and TESDA regulations
and policies and qualifications for all applicants.

Private colleges and universities shall likewise be encouraged to

adopt a similar program in their institutions for winning Filipino artists.

SEC. 6. Retirement Benefits for Filipino Artists and Coaches. - Any
Filipino artist and coach who wins in an international competition or has
coached such winning artist shall receive a lump sum amount equivalent to
twenty-five percent (25%) of his/her total cash incentives computed from
the start of his/her active arts career up to the last day of retirement from


active competition or training as certified by the NCCA. Such lump sum
amount shall be released sixty (60) days from the filing of the retirement

papers.

SEC. 7. Death Benefits. — Upon the death of any Filipino artist and
coach, the primary beneficiaries shall be entitled to a lump sum benefit of
thirty thousand pesos (P30,000.00) to cover for the funeral services;
provided, that if the artist and coach has no primary beneficiaries, the
secondary beneficiaries shall be entitled to said benefits.

For purposes of this Act, primary beneficiaries shall refer to the
legitimate spouse, legitimate or illegitimate children. Secondary
beneficiaries shall refer to the parents and in their absence, to the brothers
or sisters of such artist and coach.

The benefits provided under this section shall be without prejudice
to other similar benefits that may be received by the Filipino artist and

coach from other sources.

SEC. 8. Cash Incentives for Artists. - Filipino artists who win gold,
silver and bronze medals in international arts competitions shall be entitled
to cash incentives in the following amounts:

(a). Individual Competitions

1. For Gold Medalists, ten million pesos (P10,000,000.00) and a
Filipino Artist Medal to be issued by the NCCA;

2. For Silver Medalists, five million pesos (P5,000,000.00); and

3. For Bronze Medalists, two million pesos (P2,000,000.00)

(b). Group Competitions

1. For competitions with less than five (5) participants per group, the
group shall receive the same cash incentives for individual medal winners
as herein provided, to be divided equally among the group members

actually present during the competition;


2. For competitions with five (5) or more participants per group,
each group member shall receive twenty-five percent (25%) of the cash
incentives for individual medal winners as herein provided;

3. Provided that all cash incentives herein stated may be adjusted by
the NCCA, based on studies, consultations and public hearings with
relevant agencies to reflect the economic needs of the artists, not later than
three (3) years after the effectivity of this Act and every three (3) years

thereafter.

SEC. 9. Cash Incentives for Coaches. — Coaches of Filipino artists
shall also be entitled to cash incentives if they have personally trained and
rendered service to the artists or groups who win in international
competitions at least six (6) months prior to the international competition.
Certification to this effect by the individual artist or group leader shall be
in writing and under oath.

The incentives for the coaches shall be equivalent to fifty percent
(50%) of the cash incentives for gold, silver and bronze medalists. In case
of more than one coach, the cash incentives shall be divided among

themselves.

SEC. 10. Availment of Benefits and Privileges. ~ The
abovementioned benefits and privileges shall be availed by Filipino artists
and coaches upon presentation of a valid identification card, renewable
every year, to be issued by the NCCA; provided, that artists and coaches

shall not avail of said benefits and privileges under Section 4 of this Act in
combination with similar benefits and privileges under other existing laws.

SEC. 11. Penalties. —
(a). Any person violating the provisions of Section 4 (a) and (b) of
this Act shall suffer the following penalties:


1. For the first violation, a fine of not less than fifty thousand pesos
(P50,000.00) but not exceeding one hundred thousand pesos (P 100,000.00)
or imprisonment of not less than six (6) months but not more than two (2)
years, or both, at the discretion of the court; and

2. For any subsequent violation, a fine of not less than one hundred
thousand pesos (P100,000.00) but not exceeding two hundred thousand
pesos (P200,000.00) or imprisonment of not less than two (2) years but not
more than six (6) years, or both, at the discretion of the court.

(b). Any Filipino artist or coach who abuses the privileges granted
herein shall be punished with imprisonment of not less than six (6) months
or a fine of not less than five thousand pesos (P5,000.00) but not more than
fifty thousand pesos (P50,000.00), or both, at the discretion of the court;

(©). If the violator is a corporation, partnership or any juridical
person, the penalty shall be imposed upon the president, owner or any
responsible officer; and

(d). If the violator is an alien or a foreigner, the person shall be
deported immediately after service of sentence without further deportation
proceedings.

Upon filing of an appropriate complaint, and after due notice and
hearing, the proper authorities may also cause the cancellation or
revocation of the business permit, permit to operate, franchise and other
similar privileges granted to any business entity that fails to abide by the
provisions of this Act.

SEC. 12. Funding. - The amount necessary for the implementation
of the cash incentives and retirement benefits under this Act shall be
sourced from the current appropriation of the NCAA. Thereafter, such
sums as may be necessary for the continued implementation of this Act
shall be included in the annual General Appropriations Act as part of the
budget of the NCCA.


SEC. 13. Implementing Rules and Regulations. - The NCCA, in
consultation with the Cultural Center of the Philippines (CCP), the
Department of Education (DepEd), the CHED, the TESDA, the
Department of Finance (DOF) and the BIR, shall promulgate and issue the
Implementing Rules and Regulations (IRR) within sixty (60) days upon
approval of this Act; provided, that the failure of the NCCA to promulgate
the rules and regulations shall not prevent the implementation of this Act
upon its effectivity.

SEC. 14. Monitoring and Reportorial Requirements. — The NCCA
shall submit a report on the benefits, privileges and incentives granted
under this Act to Filipino artists and coaches, to the DOF, the Department
of Budget and Management (DBM), the Senate and the House of
Representatives for the purpose of monitoring the implementation of this
Act. The submission shall not be later than three (3) years from the
effectivity of this Act and every three (3) years thereafter.

SEC. 15. Repealing Clause. — All laws, presidential decrees,
executive orders, rules and regulations or parts thereof inconsistent with
the provisions of this Act are hereby repealed, amended or modified
accordingly.

SEC. 16. Separability Clause. - If any provision or part hereof is
declared unconstitutional, the remainder of this Act or any provision not
affected shall remain in full force and effect.

SEC. 17. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its publication either in the Official Gazette or in two (2)

newspapers of general circulation.

Approved,