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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, 8408

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO.

EXPLANATORY NOTE

Republic Act No. 9155 or the “Governance of Basic Education Act” was enacted in 2001 in
order to set the framework for the governance of basic education which shall set the general
directions for educational policies and standards and establish authority, accountability and
responsibility for achieving higher learning outcomes. The then Department of Education,
Culture, and Sports (DECS) was renamed as the Department of Education (DepEd).

RA No. 9155 transferred the administration of Cultural Agencies, namely Komisyon ng
Wikang Pilipino, National Historical Institute, Record Management and Archives Office, and
the National Library. The transfer of the cultural agencies sidelined the effective promotion
of the Philippine culture and arts.

Filipinos fail to appreciate the significance of culture and arts in nation-building. We often
see art and culture as a form of expression and/ or a form of entertainment. However, we fail
to realize that Filipino art and culture reflects our country’s identity. Arts and Culture is an
essential tool for nation-building as it will promote our national identity which will provide
unity and direction to our nation toward development.

Hence, this bill proposes to reorganize the National Commission for Culture and the Arts
(NCCA) into an independent Department of Culture which will promote and develop our
cultural traditions, as we acknowledge its vital role in nation-building. The creation of the
said Department is essential to having a legitimate government body that would coordinate
all activities of promoting “national identity and culture.”

In view of the foregoing, and to effectively preserve our Filipino heritage as well as promote
the importance of Philippine arts and culture to our constituents, the passage of this bill is
earnestly sought.

‘Representative
Magdalo Para sa Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, _ 8408

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT

ESTABLISHING THE DEPARTMENT OF CULTURE APPROPRIATING FUNDS

THEREFOR, AND FOR OTHER PURPOSES

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

SEC. 1. Short Title. This Act shall be known as the “Department of Culture Act.”

ARTICLE I
DECLARATION OF POLICY

SEC.2. Declaration of Policy. It is hereby declared the policy of the State:

To recognize that culture is a unifying, humanizing and modernizing
agent/instrument of any society, and the patrimony and right of every
citizen of the Philippines;

To recognize the vital role of culture in nation-building;

To Incorporate considerations of culture in the formulation of appropriate
and significant political and economic policy that will better serve
Filipinos and ensure that all Filipinos enjoy full cultural rights, take full
advantage of a dynamic cultural experience, and be inspired, sustained by,
draw from, contribute to and celebrate the country’s culture;

. To create a national body which will develop, manage and be responsible

for the implementation of policy, legislation and strategic direction for the
protection, regulation, preservation, development, — management,
dissemination and promotion of the country’s culture, relative to the
immense national resources, patrimony and wealth engendered and
amassed through countless generations and centuries of distinctive
Filipinos ways of life and experiences in specific natural and social
environments that this represents, and to facilitate the convergence of
various agencies with cultural mandates and rationalize their organizations
and functions;


h.

. To foster, strengthen, and accelerate the convergence of various cultural

offices agencies, and rationalize their organizations and functions,

To recognize that cultural education is the right of every citizen and
therefore ensure that cultural literacy is inculcated in the development and
education of all Filipinos;

. To promote the national language of the country while enhancing the

linguistic diversity of the Philippines; and

To secure and improve the welfare of Filipino artists and cultural workers.

‘The Department shall continually review the state and needs of culture and arts in the
context of the country’s developmental goals.

SEC.3. Definition of Terms. For purposes of this Act, the following terms shall be

defined as follow:

“Art? shall refer to the expression or application of human creative skill
and imagination.

“Conservation” shall refer to all process and measures of maintaining the
cultural significance of a cultural property, including but not limited to,
preservation, restoration, reconstruction, protection, adaptive re-use or any
combination thereof.

“Cultural agencies” shall refer to any of the following national
government agencies with their specific areas of responsibility: National
Museum of the Philippines (cultural property), the National Library of the
Philippines (books), National Historical Commission of the Philippines
(Philippine history), the National Archives of the Philippines (documents)
the Cultural Center of the Philippines (culture and arts) and Komisyon sa
Wikang Filipino (language)

“Cultural Education” shall refer to the teaching and learning of cultural
concepts and process.

“Cultural Heritage” shall refer to the totality of cultural property
preserved and developed through time and passed on to posterity.

“Cultural Property” shall refer to all products of human creativity by
which people and nation reveal their identity, including architecture and
sites or human activity [churches, mosques and other places of religious
worship, schools] and natural history specimens and sites, whether public
or privately owned, movable or immovable and tangible and intangible.

“Culture” shall refer to the broad spectrum of people’s beliefs, practices,
customs and traditions, material culture, arts and other forms of actual and
symbolic expressions and representations which are handed down from
one generation to the next in the process of interaction.


“History” shall refer to a written record of past events relating to
Philippine history.

i. “Indigenous Cultural Communities/Indigenous Peoples” shall refer to a
group of people or homogenous societies identified be self-ascription and
scription by others, who have continuously lived as organized community
‘on communally bounded and defined territory, and who have, under claims
of ownership since time immemorial, occupied, possessed and utilized
such territories, sharing common have, through resistance to political,
social and cultural inroads of colonization, majority of Filipinos. ICC¥/IPs
shall likewise include peoples who are regarded as indigenous on account
of their descent from the populations which inhabited the country, at the
time of conquest or colonization, or at the time of inroads of non-
indigenous religious and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural
and political institutions, but who have been displaced from traditional
domains or who may have resettled outside their ancestral domains;

j. “Intangible Cultural Heritage” shall refer to practices, representations,
expressions, knowledge, skills, as well as instruments, objects and artifacts
associated therewith, that communities, groups and individuals recognize
as part of their cultural heritage, such as: (1) oral traditions, usages,
customs, languages and other expressions; (2) performing arts; (3) social
practices, religious rites, rituals, culinary traditions, and festive events; (4)
knowledge and practices concerning nature and the universe, worship and
(5) traditional craftsmanship.

ARTICLE I
THE DEPARTMENT OF CULTURE

SEC.4. Creation of the Department of Culture. — There is hereby created the
Department of Culture (Kagawaran ng Kultura), hereinafter referred to as the Department,
which shall be the primary policy-formulating, planning, coordinating, implementing, and
administrative entity of the executive branch of the National Government that will implement
the pertinent provisions of the Constitution regarding culture and arts as well as the
aforementioned policy of the State.

‘The Department with its attached agencies shall be responsible for the protection,
preservation, regulation, development, management, dissemination and promotion of the
cultural, historical and artistic heritage and resources, tangible and intangible, of the
Philippines and the Filipino people, all of which, with their physical and social contexts and
environments, are understood as together constituting and pertaining to Philippine culture for
purposes of this Act.

The Department shall continually review the state and needs of culture and arts in the
context of the country’s developmental goals.

SECS. Powers and Functions. The Department shall exercise the following powers
and functions:


a. Formulate and implement national policies, plans, programs, and guidelines for
the protection, preservation, regulation, development, management, dissemination
and promotion of culture, to ensure overall consistency, effectiveness, efficiency,
and conformity with the policies of the State articulated in the Constitution as well
as in this Act and other pertinent laws and issuances;

b. Assume and exercise all existing regulatory and quasi-judicial functions
established under Republic Act No. 4846, or the “The Cultural Properties
Preservation and Protection Act;” Presidential Decree No. 374, or “Amending the
Cultural Properties Preservation and Protection Act;” Presidential Decree No.
1616, or “Creation of the Intramuros Administration;”” Presidential Decree No.
1748, or “An Act Amending the Charter of the Intramuros Administratior
Republic Act No. 8491, or “The Flag and Heraldic Code of the Philippines
Republic Act No. 9105, or “Art and Forgery Act of 2001;” and, Republic Act No.
10066, or “The National Cultural Heritage Act of 2009;" and, Republic Act No.
10086 or “Strengthening Peoples’ Nationalism Through Philippine History Act;
as well as such functions promulgated through executive issuances that pertain to
the agencies of the National Government covered under this Act, which are all
hereby transferred in foto to the Department from the said agencies;

c. Be responsible for disaster risk reduction and management relative to culture and
cultural property, both through its own programs and projects as well as through
the National Disaster Risk Reduction and Management Council and Regional
Disaster Risk Reduction and Management Councils, on which it shall have full
membership, representation and participation;

d. Recommend to the President of the Philippines the designation, through
Presidential Proclamation, with appropriate published guidelines pertaining
thereto, of a cultural property, whether immovable or movable, tangible or
intangible, as a National Cultural Monument, a category hereby established which
incorporates the previously-established legal definitions of, criteria pertaining to,
and all cultural property previously declared by authorized agencies as National
Cultural Treasure, National Historical Landmark, National Historical Shrine,
National Historical Monument, and National Historical Site;

e. Designate, through Department Order, and with appropriate published guidelines
pertaining thereto, cultural property, whether immovable or movable, tangible or
intangible, as National Cultural Property, a category hereby established which
incorporates the previously-established legal definitions of, criteria pertaining to,
and all cultural property previously declared by authorized agencies as Important
Cultural Property and Heritage House;

f Administer the qualification and selection, with appropriate published guidelines
pertaining thereto, of the Award for National Living Treasures (Gawad ng
Manlilikha ng Bayan), which is hereby renamed as the Order of National Living
Treasures (Orden ng mga Pambansang Manlilikha ng Bayan), and the Order of
National Artists (Orden ng mga Pambansang Alagad ng Sining), and recommend
those nominees to either Order who have been qualified and selected to the
President of the Philippines for proclamation as such and conferral of the same;


g Undertake, through a National Institute of Culture and Arts Management and the
Institutes of Living Traditions to be established for the purpose, in an appropriate
partnership with the academic sector, the education, training and certification of
cultural officers and personnel as a necessary qualification for employment and
promotion in the National Govemment and in local governments where such
might be required by the Department in coordination with the Civil Service
Commission and the Career Executive Service Board, at the career sub-
professional, career professional, and career executive levels, to include
appropriate courses and programs towards certificates, diplomas, and
undergraduate and graduate degrees;

h. Administer the qualification, selection and conferral of such other awards as it
may establish in support of its mandate;

i. Support the development of the cultural, artistic and creative industries of the
country, in all particulars and at all levels;

j. Administer the endowment funds established separately under Section 20 of
Republic Act No. 7356, The Law Creating the National Commission for Culture
and the Arts;” and Section 50 of Republic Act No. 10066, which are herein
consolidated into a single National Endowment Fund for Culture and Arts
(NEFCA) that shall continue to be sourced and augmented as provided by the
aforementioned provisions, and provide financial support from this fund for
various national programs through a system of grants drawing from the proceeds,
including both principal and interest, of the same, subject to the approval of the
Department of Budget and Management.

k. Represent the Philippines in matters pertaining to culture in overseas regional and
international organizations and events.

1. Other powers and functions as may be created, assigned or transferred by the
President of the Philippines in accordance with law.

SEC.6. Composition. — The Department proper shall include the Office of the

Secretary and the staff units directly under it, including the Services established herein. The
Office of the Secretary shall consist of the Secretary, at least three (3) Undersecretaries, and
at least five (5) Assistant Secretaries, together with the personnel in their immediate offices.

SEC.7. Secretary of Culture. The authority and responsibility for the exercise of the

mandate of the Department and for the discharge of its powers and functions shall be vested
in the Secretary, who shall have supervision and control of the Department and shall be
appointed by the President of the Philippines, subject to the confirmation by the Commission
‘on Appointments.

SECS. Powers and Functions of the Secretary.- The Secretary shall have the

following powers and functions:

a. Provide executive direction and supervision over the entire operations of the
Department and exercise administrative supervision over its attached agencies,


Establish policies and standards for the effective, efficient and economical
operation of the Department, in accordance with the program of government;

Promulgate rules and regulations necessary to carry out department mandates,
objectives, policies, functions, plans, programs and projects;

|. Promulgate administrative issuances necessary for the efficient administration of

the offices under the Secretary and for proper execution of the laws relative
thereto. These issuances shall not prescribe penalties for their violation, except
when expressly authorized by law,

. Rationalize delivery systems necessary for the effective attainment of the

objectives of the Department, in accordance with the programs of Government;

Appoint all officers and employees of the Department except those whose
appointments are vested in the President or in some other appointing authority and
shall appoint employees to positions in the second level in the regional offices as
defined in this Act and in accordance with the Civil Service laws, rules and
regulations;

Exercise disciplinary powers over officers and employees under the Secretary in
accordance with law, including their investigation and the designation of a
committee or officer to conduct such investigation;

Sit on the governing boards of attached agencies as provided in this Act, as well as
any other agencies or organizations ad may be appropriate or designated;

Coordinate with local governments, other agencies and public and private
interests’ groups, including non-government organizations (NGOs) and people’s
organizations (POs) on Department policies and initiatives,

‘Advise the President of the Philippines and make recommendations on the
promulgation of executive and administrative orders and regulatory and legislative
proposals on matters pertaining to culture;

Formulate and enforce a system of measuring and evaluating periodically and
objectively the performance of the Department and submit the same annually to
the President;

Prepare and submit to the President through the Department of Budget and
Management an estimate of the necessary expenditures of the department during
the next fiscal year, on the basis of the reports and estimates submitted by bureaus
and officers under the Department;

Exercise jurisdiction over all bureaus, offices, agencies and corporations under the
Department as are provided by law; and

Performs such other functions as may be provided by law or assigned by the
President of the Republic of the Philippines.


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SEC.9. Undersecretaries. The Secretary shall be assisted by three (3)
Undersecretaries, who shall be appointed by the President of the Philippines upon the
recommendation of the Secretary, at least two (2) of whom shall be career officers. In
general, the undersecretaries shall:

a. Advise and assist the Secretary in the formulation and implementation of
department objectives and policies;

b. Oversee all the operational activities of the bureau or units for which he shall be
responsible as assigned by the Secretary;

¢. Coordinate the programs and projects of the same and be responsible for its
economical, efficient and effective administration;

d. Whenever necessary be designated to serve as deputy to the Secretary in all
matters relating to the operations of the department; the designated Undersecretary
will temporarily discharge the duties of the Secretary in the latter’s absence or
inability to discharge his or her duties for any cause or in case of vacancy of the
said office, unless otherwise provided by law; the President of the Philippines
shall likewise make the temporary designation of Acting Secretary to the same;
and

. Perform such other functions and duties as may be provided by law.

SEC.10. Assistant Secretaries. The Secretary shall be assisted by at five (5)
Assistant Secretaries, who shall be appointed by the President of the Philippines upon the
recommendation of the Secretary, at least three (3) of whom shall be career officers. The
Assistant Secretaries shall be in charge of specific areas of responsibility as may be
established by the Secretary.

SEC.11. Qualifications... No person shall be appointed Secretary, Undersecretary, or
Assistant Secretary of the Department unless he or she is a citizen and resident of the
Philippines, of good moral character, and of proven integrity, and with at least seven (7) years
of competence/expertise/experience as manager, advocate, scholar or practitioner in fields of
endeavor related to Philippine culture and the mandate and functions of the Department.

ARTICLE Il
THE DEPARTMENT SERVICES

SEC.12. Department Services. - The Department of Culture shall have series which
shall include the General Administrative Service, Financial Management Service, Policy and
Planning Service, Legal Affairs Service, Physical Facilities Management Service, Human
Resources Development Service, Strategic Communications and Initiatives Service,
Knowledge and Information Systems, Project Evaluation and Monitoring Service, Foreign-
Assisted and Special Projects Service, Internal Audit Service, Endowment Management
Service, Grants Management Service;

ARTICLE IV
THE BUREAUS


1 SEC.13. The Bureaus of the Department. -The Department shall exercise
2 supervision and control over the following six (6) Bureaus which are created under it:
3
4 a. Bureau of Cultural Communities and Traditional Arts Development ~ shall
5 formulate and implement plans, programs and activities for the development of
6 the different cultural communities all over the country, ensure the preservation
7 and dissemination of the country’s diverse cultures, establish schools/ institutes
8 for living traditions, encourage the continued practice and development of
9 traditional arts and crafts, document the Indigenous Knowledge Systems and
10 Practices (IKSP), and cause the recognition of outstanding traditional artists.
cry
2 b. Bureau of Cultural Properties Protection and Regulation- shall be in-charge of
2B the registration and documentation of the nation’s historical and cultural
1“ properties, issue permits and license, conduct inspection and assessment on
15 cultural properties, implement Disaster Risk Reduction program for the cultural
16 assets, enforce laws on cultural heritage conservation and intellectual property
7 protection for artists and cultural experts.
18
19 c. Bureau of Cultural Properties Preservation — shall formulate and implement
20 plans, programs, and activities for the preservation of tangible and intangible
21 cultural heritage, provide architectural, engineering, scientific and conservation
2 laboratory services, provide support to monuments and sites, museums and
23 galleries and libraries and archives all over the country and establish a National
Pry Institute of Heritage Conservation.
25
26 d. Bureau of Artistic Resources Development- shall ensure the continuing and
27 balance development of the nation’s artistic heritage in its various forms;
28 performing arts, film and media arts, visual arts, architecture and allied arts and
29 literature provide support to regional and local culture and arts centers, performing
30 arts and exhibition venues, ensure the welfare of artists and cultural workers,
31 undertake human resource development programs for artists, and establish the
32 National Academy for Culture and Arts and National Institute for Culture and Arts
33 Management.
34
35 e. Bureau of Cultural Research, Education and Dissemination.- shall undertake
36 cultural research for policy and program development, publish cultural materials,
37 especially on positive Filipino values for dissemination, manage the cultural
38 education program for the country, ensure the development and promotion of
39 Philippine languages, implement national translation program, and implement
40 national promotion program in various forms of media.
41
a2 f. Bureau of Cultural and Creative Industries.- shall formulate plans and programs
43 to ignite the innovative and entrepreneurial mindset of Filipino artist and establish
44 industries in the various genre of arts; performing arts, cinema, books and
45 Publication, creative designs, culinary and lifestyle and architecture and allied
46 arts, and others.
a7
48 Each Bureau shall be healed by a Bureau Director, who shall be assisted by one (1)

49 Assistant Bureau Director. The Bureau Director and Assistant Bureau Director shall be
appointed by the President upon the recommendation of the Secretary.

8


SEC.14. Powers and Duties of Bureau Director.- The Bureau Director shall be its
chief executive officer. He shall exercise overall authority in matters within the jurisdiction of
the bureau, including those relating to its operations, and enforce all laws and regulations
pertaining to it. Shall appoint personnel to all positions in his bureau or office, in accordance
with law. In the case of the line bureau or office, the head shall also appoint the second level
personnel of the regional offices, unless such power has been delegated. He shall have the
authority to discipline employees in accordance with the Civil Service Law.

ARTICLE V
THE REGIONAL AND FIELD OFFICES

SEC. 15. Regional Offices of the Department. The Department is hereby authorized
to establish, operate and maintain a Regional Office, whenever appropriate, in each of the
administrative regions of the country. Each regional office shall be healed by a Regional
Director, who may be assisted by one (1) Assistant Regional Director. The Regional Director
and Assistant Regional Director shall be appointed by the President upon the
recommendation of the Secretary: Provided, That they shall be persons recognized as an
accomplished manager, advocate, scholar or practitioner in fields of endeavor related to
Philippine culture in the region, or any suitably qualified person in accordance with Civil
Service Commission (CSC) rules and regulations.

It may also establish satellite, extension or filed offices when and wherever necessary,
particularly in locations where significant cultural and heritage properties and concems are
identified to exist, and to support the operations, programs and projects of its attached and
other concemed agencies and institutions. A regional office shall have, within its
administrative region, the following functions:

a. Implement laws, policies, plans, programs, rules and regulations of the department
or agency in the regional area;

b. Provide economical, efficient and effective service to the people in the area;

c. Undertake research and gather data on local culture and arts trends and other
relevant cultural and artistic information;

4. Cause to establish and oversee the regional and local culture and arts councils (as
far as the city and municipal level) to engage participation of local artists and
cultural workers;

. Coordinate with regional offices of other departments, bureaus and agencies in the
area;

f. Coordinate with local government units in the area;

g Make recommendations to the Secretary on all matters relating to culture and arts
in the region; and,


h. Perform such other functions as may be provided by law.

SEC.16. Duties of a Regional Director.- The Regional Director shall perform duties

and functions as may be provided by law or further delegated by the head of agency or other

proper authorities concerned.
ARTICLE VI
THE ATTACHED AGENCIES, INSTITUTES, ADVISORY COUNCIL,
OVERSEAS OFFICES

SEC.17. The Attached Agencies.

a. The National Commission for Culture and Arts (NCAA) is hereby abolished, and
their powers and functions, applicable funds and appropriations, records,
equipment, property, and personnel transferred to the Department.

b. The following agencies are hereby attached to the Department for policy and
program coordination, and shall continue to operate and function in accordance
with the characters, laws or orders creating them, insofar as they are not
inconsistent with this act

Cultural Center of the Philippines (CCP)
National Museum of the Philippines (NMP)

National Historical Commission of the Philippines (NHCP)
National Library of the Philippines (NLP)

National Archives of the Philippines (NAP)

Komisyon sa Wikang Filipino (KWF)

Intramuros Administration (IA)

National Parks Development Committee (NPDC)

. Nayong Pilipino Foundation (NPF)

10. Film Development Council of the Philippines (FDCP)

11. National Book Development Board (NBDB)

12. Design Center of the Philippines

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¢. The laws and rules on government reorganization as provided for in the Republic
Act No. 6566, otherwise known as the Reorganization Law, shall govern the
organization process of the Department.

SEC.18. National Institutes. The following National Institutes, with their respective

networks throughout the country, shall be established under the Department:

a. The National Institute of Living Traditions, and through it, a network of individual
Schools of Living Traditions to be established, which, with the support of
appropriate partnership, shall be responsible for programs and projects related to
the safeguarding, sustainability, propagation and intergenerational transmission of
intangible cultural heritage, particularly that which pertains to indigenous cultural
communities;

10


b. The National Institute of Cultural Heritage Preservation, and through it, a network
of individual Eskwela Talyer (Workshop Schools) to be established, which, with
the support of appropriate partnerships, shall be responsible for programs and
projects related to national capacity building in the area of conservation arts,
sciences and trades with respect to the preservation of immovable and movable
cultural property and with a particular focus on vocational training for youth; and

©. The National Institute of Cultural and Arts Management, and through it, a network
of individual Culture and Arts Management Training Centers to be established,
which with the support of appropriate partnerships, shall be responsible for
programs and projects related to the education, training and certification of
cultural officers and personnel as a necessary qualification for employment and
promotion in the National Government and in local governments where such
might be required by the Department in coordination with the Civil Service
Commission and the Career Executive Service Board, at the career sub-
professional, career professional, and career executive levels, to include
appropriate courses and programs towards certificates, diplomas, and
undergraduate and graduate degrees;

SEC. 19. National Academy of Culture and Arts. There is hereby established under
the Department of National Academy of Culture and Arts, which shall be an institutionalized
association of the nation’s foremost leaders and exponents of culture and arts, the primary
purpose of which is to support the mandate of the Department as an independent body of
eminent persons. The President of the Philippines shall be the Honorary Patron of the
National Academy of Culture and Arts.

The structure and organization of the Academy, including the specification of its
functions, procedures as to its governance and the selection of its members, and the
composition of its secretariat, shall be contained in a charter to be formulated by the
Department and promulgated by the President of the Philippines through and Executive Order
within one (1) year of the effectivity of this Act.

SEC. 20. Culture and Arts Advisory Council. - The Department shall facilitate the
creation of a National Culture and Arts Advisory Council, a Regional Culture and Arts
Advisory Council, and, a Local Culture and Arts Advisory Council, to assist the Department
in the implementation of culture and arts initiatives.

SEC. 21. Sectoral and Industry Task Forces. - The Department may create a
sectoral and industry task forces, technical working groups, advisory bodies or committees
for the furtherance of its objectives. Additional private sector representatives, such as from
the academe, CSOs, and federation of private industries directly involved in culture and the
arts as well as representatives of other LGUs, and GOCCs may be appointed to these working
groups.

SEC. 22. Rizal Centers.- The Department shall, through a dedicated organizational
unit to be established for the purpose, establish and manage centers, to be known as Rizal
Cenetrs or Sentro Rizal, throughout the country and overseas, the primary purpose of which
shall be the promotion of, and the facilitation of access by the constituency of each center to,

a


Philippine culture generally as well as the cultural resources managed by the Department and
its attached agencies in particular.

Domestically, the Department shall establish Sentro Rizal as regional cultural centers
and hubs, to be supervised and operated appropriately through its regional offices. Such
regional centers shall include exhibition and performance venue, and facilities enabling
access to knowledge resources, particularly those pertaining to vernacular language
resources.

Overseas, the Department shall establish Sentro Rizal as Philippine cultural centers in
key places for the benefit of the global diaspora of Philippine citizen, the global community
of Filipino migrants or descendents thereof, and all who are interested in the Philippine
culture. The Department for this purpose shall coordinate with the Department of Foreign
Affairs, the Commission on Filipino Overseas, and other concerned agencies.

Such Sentro Rizal as may be established oversea shall have a dedicated budget and
staff under the Department and considered as overseas offices thereof, shall function as
repositories of Philippines cultural resources, shall carry out active programs and projects to
engage their respective constituencies, and shall offer courses in the national language and
any other Filipino language as may appropriate.

The operations of the Sentro Rizal network of the Department, both domestically and
overseas, shall be considered as one its permanent flagship programs, and shall therefore be
specifically provided for in the General Appropriations Act for every fiscal year.

Article XII, including Sections 42 to 47, of Republic Act No. 10066 is hereby
repealed.

SEC.23. Overseas Offices. The Department shall establish overseas offices whenever
necessary to:

a. Implement plans, programs and projects of the Department relative to
‘communities of Philippine citizens abroad;

b. Promote Filipino culture to the international community;

¢. Coordinate with international organizations as well as with the overseas offices of
other departments, offices and agencies of the Philippine goverment; and

d. Perform such other functions as may be provided by law.

ARTICLE V
REORGANIZATION

SEC. 24. Reorganization.- The laws and rules on government reorganization as
provided for in Republic Act No. 6656, otherwise known as the Reorganization Law, shall
govern the reorganization process of the Department and, where appropriate, its attached
agencies.

12


SEC.2S. Structure and Staffing Pattern. Subject to the approval of the Department
of Budget and Management (DBM), the Department and, where appropriate, its attached
agencies, shall determine its organizational structure and create new divisions or units as it
may deem necessary, and shall appoint officers and employees of the Department and its
attached agencies in accordance with the Civil Service Law, rules and regulations,

SEC.26. Transition Period.- The transfer of functions, assets, funds, equipment,
properties, transactions and personnel of affected agencies, and the formulation of the internal
organic structure, staffing pattern, operating system, and revised budget of the Department
shall be completed within six (6) months from the effectivity of this Act, during which time,
the existing personnel shall continue to assume their posts in holdover capacities until new
appointments are issued; Provided, that after the abolition of the agency, as specified in
Section 16(a) of this Act, the Department, in coordination with the DBM, shall determine and
create new positions, the funding requirement of which shall not exceed the equivalent cost
of positions abolished.

SEC.27. Separation from Service. Employees separated from the service as a result
of this reorganization shall within ninety (90) days therefrom, receive the separation and
retirement benefits to which they may be entitled under Executive Order No, 366.Provided
that such separation pay and retirement benefits shall have priority of payment out of the
savings of the department or agency.

ARTICLE VI
PROPERTIES OF THE DEPARTMENT

SEC.28. Post Office Building and Liwasang Bonifacio. ‘The Post Office Building,
currently the property of the Philippine Postal Corporation (PhilPost), and the area known as
Liwasang Bonifacio (formerly Plaza Lawton), both in the City of Manila, are hereby
appropriated for the exclusive use and central office premises of the Department of Culture
and its attached agencies.

SEC. 29. Other Properties. — Real and movable properties owned by those agencies
abolished or absorbed into the Department under this Act, namely the National Commission
for Culture and the Arts Building and the Metropolitan Theatre, shall be transferred to the
Department.

ARTICLE VIL
APPROPRIATIONS AND FINAL PROVISIONS

SEC. 30. Appropriations.- The amount needed for the initial implementation of this
Act shall be taken from the current fiscal year’s appropriation for the NCCA through the
Office of the President, and other appropriations available for the purpose. Thereafter, the
amount needed for the operation and maintenance of the Department proper shall be included
in the General Appropriations Act, provided that for the next fiscal year, the amount shall be
no less than Two Billion Pesos (PHP 2,000,000,000.00)

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SEC.31. Implementing Rules and Regulations. The Office of the President, in
consultation with other government agencies mentioned in this Act, shall promulgate its
implementing rules and regulations within ninety (90) days after the effectivity of this Act

SEC.32. Repealing Clause.- All laws, decrees, executive orders, rules and
regulations and other issuances or parts thereof that are inconsistent with this Act are hereby
repealed, amended or modified accordingly.

SEC.33. Separability Clause. If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain
in force and effect.

SEC.34, Effectivity.- This Act shall take effect after fifteen (15) days following the
completion of its publication either in the Official Gazette or in newspaper of general
circulation in the Philippines

Approved,

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