3
Republic of the Philippines 2 CEIVED

HOUSE OF REPRESENTATIVES DATE: 26 20
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

5368

House Bill No.

Introduced by Rep. Christopher P. De Venecia

‘AN ACT AMENDING REPUBLIC ACT NO. 7356, OTHERWISE KNOWN AS THE
“LAW CREATING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS”

EXPLANATORY NOTE

Culture and arts play an important role not only in the social transformation of an
individual, but also in the economic advancement of a country. The culture and arts sector
creates employment, attracts investments, generates tax revenues and encourages tourism.

In the Philippines, our creative industries contribute five per cent (5%) to our
nation’s GDP. Gnce upon a time, tourism contributed a mere five per cent (5%) to our GDP.
Now, it is close to eight per cent (8%), being identified as one of the Duterte
Administration’ top priorities and among the drivers of our economy. Culture serves as an
enhancement of tourism and should be galvanized as an invaluable tool in nation-building
and economy development.

The National Commission for Culture and the Arts (NCA) is the overall policy-
making, coordinating, implementing and grants-giving government body for the
preservation, development and promotion of Philippine culture, arts and heritage. The
NCCA is mandated by Republic Act No. 7356, otherwise known as the “Law Creating the
National Commission for Culture and the Arts,” to formulate and implement policies and
plans: (1) To encourage the continuing and balanced development of a pluralistic culture by
the people themselves; (2) To conserve and promote the nation's historical and cultural
heritage; (3) To ensure the widest dissemination of artistic and cultural products among the
greatest number across the country and overseas for their appreciation and enjoyment; (4)
To preserve and integrate traditional culture and its various creative expressions as a
dynamic part of the national cultural mainstream; and (5) To ensure that standards of
excellence are pursued in programs and activities implementing policies.

In line with President Duterte’s 10-point agenda, which includes the promotion of
“science, technology, and the creative arts to enhance innovation and creative capacity
towards self-sustaining, inclusive development,” and the comprehensive and wide-ranging
mandate of the NCCA, there is a need to revisit Republic Act No. 7356 to improve and
reorganize the structure of the NCCA for a more effective and efficient implementation of
the government's cultural program.

It is my humble opinion, based on my experience in the culture and arts industry,
that culture and arts practitioners should comprise the board of commissioners to better


address the actual needs of the culture and arts industry, while the heads of the attached
cultural agencies (current ex-officio members of the Commission), should be freed from the
burdens of membership to focus on their respective official duties and responsibilities, As an
alternative, the attached cultural agencies may coordinate with the Commission through the

proposed Inter-Agency Affairs Office for concerns, collaborations, policy and program
alignment.

In addition to the above-mentioned office, this bill aims to create other new offices

within the NCCA, with clearly defined roles and responsibilities, to effectively implement the
government's cultural program.

In view of the foregoing, the approval of this bill is earnestly sought.
REP. CHRISTOPHER P. DE VENECIA.
Fourth/Disttict, Pangasinan


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

SEVENTEENTH CONGRESS
First Regular Session

sane 5368

House Bill No,

Introduced by Rep. Christopher P. De Venecia

‘AN ACT AMENDING REPUBLIC ACT NO. 7356, OTHERWISE KNOWN AS THE
“LAW CREATING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS”

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

SECTION 1. Section 8 of Republic Act No. 7356, otherwise known as the “Law
Creating the National Commission for Culture and the Arts”, is hereby amended to read as
follows:

“SEC. 8, The Commission. — A National Commission for Culture and
THE arts is hereby created to formulate policies for the development of
culture and arts, implement these policies AND PROGRAMS ON ITS OWN OR
in coordination with affiliated cultural agencies; coordinate the
implementation of programs of these affiliated agencies; administer the
National Endowment Fund for Culture and Arts (NEFCA); encourage artistic
creation within a climate of artistic freedom; develop and promote the
Filipino national culture and arts; and preserve Filipino cultural heritage. The
Commission shall be an independent agency. It shall render an annual report
of its activities and achievements to the President and Congress.”

SECTION 2, Section 9 of Republic Act No. 7356 is hereby amended to read as
follows:

“SEC. 9, Composition of the Commission. ~ The Commission shall be
composed of A CHAIRMAN AND FIFTEEN (15) MEMBERS: PROVIDED, THAT
THE CHAIRMAN SHALL BE A PERSON OF PROVEN ADMINISTRATIVE
PROFICIENCY, INDEPENDENCE, KNOWLEDGEABLE OF THE DIFFERENT ASPECTS
OF THE CULTURE AND THE ARTS, SHALL HAVE AT LEAST TEN (10) YEARS OF
ACTUAL EXPERIENCE IN THE CULTURE AND ARTS INDUSTRY, AND FULLY
COMMITTED TO THE PROMOTION AND DEVELOPMENT OF PHILIPPINE
CULTURE AND ARTS: PROVIDED, FURTHER, THAT THE CHAIRMAN AND THE
NON-EX-OFFICIO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE
PHILIPPINES.

"THE BOARD SHALL ELECT A VICE-CHAIRMAN FROM AMONG ITS
MEMBERS FOR A TERM OF THREE (3) YEARS AND IN THE EVENT OF A
VACANCY IN THE OFFICE OF THE CHAIRMAN, THE VICE-CHAIRMAN SHALL


ASSUME SUCH DUTIES AND RESPONSIBILITIES UNTIL SUCH TIME AS A
CHAIRMAN IS APPOINTED.

“THE COMMISSION SHALL BE COMPOSED OF THE FOLLOWING
MEMBERS:

"a) A CHAIRMAN, WHO SHALL BE THE CHIEF EXECUTIVE
OFFICER OF THE COMMISSION;

"b) THE UNDERSECRETARY OF THE DEPARTMENT OF
EDUCATION;

"c) THE UNDERSECRETARY OF THE DEPARTMENT OF
TOURISM;

“d) TWELVE (12) PROFESSIONAL—ARTISTS_-—OR
PRACTITIONERS FROM THE PRIVATE SECTOR,
INDIVIDUALLY REPRESENTING EACH OF THE GENERAL
AREAS OF (1) MUSICAL ARTS; (2) VISUAL ARTS; (3)
LITERARY ARTS; (4) THEATER ARTS; (5) DANCE; (6)
CINEMA ARTS; (7) ARCHITECTURE; (8) LANGUAGE; (9)
CULTURAL HERITAGE; (10) INDIGENOUS ARTS; (11)
CULINARY ARTS; (12) FASHION ARTS.

SEC. 3. Section 10 of Republic Act No. 7356 is hereby amended to read as follows:

“SEC. 10. Term of Office and Compensation. ~ THE CHAIRMAN AND
THE NON-EX-OFFICIO MEMBERS OF THE COMMISSION SHALL SERVE FOR A
TERM OF THREE (3) YEARS, UNLESS SOONER REMOVED BY THE PRESIDENT;
PROVIDED, THAT THEY SHALL BE ELIGIBLE FOR REAPPOINTMENT AFTER THE
EXPIRATION OF THEIR RESPECTIVE TERMS: PROVIDED, FURTHER, THAT NO
CHAIRMAN OR MEMBER SHALL SERVE FOR MORE THAN TWO (2) SUCCESSIVE
TERMS. IF THE CHAIRMAN OR NON-EX-OFFICIO MEMBER FAILS TO COMPLETE
HIS/HER TERM, THE PERSON APPOINTED TO FILL THE VACANCY SHALL SERVE
ONLY FOR THE UNEXPIRED PORTION OF THE VACATED TERM THAT HE/SHE
SUCCEEDS: PROVIDED, FINALLY, THAT SUCH SERVICES OF THE UNEXPIRED
PORTION SHALL NOT BE COUNTED AS A TERM

“THE CHAIRMAN AND THE NON-EX-OFFICIO MEMBERS SHALL HAVE
THE SAME RANK, SALARY, AND PRIVILEGES AS THOSE OF A CABINET
SECRETARY AND ASSISTANT SECRETARIES, RESPECTIVELY.

“Ex-officio members of the Commission shall receive representation
and travel allowances (RATA) in accordance with rates recommended by the
Department of Budget and Management.”

SEC. 4, Section 12 of Republic Act No. 7356 is hereby amended to read as follows:


"SEC. 12. Mandate. - The Commission is hereby mandated to
formulate and implement policies, [and] plans, PROGRAMS AND ACTIVITIES in
accordance with the principles stated in Title | of this Act.

Xxx!
SEC, 5, Section 14 of Republic Act No. 7356 is hereby amended to read as follows:

"SEC. 14. The Secretariat. - The Commission shall organize a
secretariat headed by an executive director, WHO SHALL BE RESPONSIBLE
FOR THE ADMINISTRATIVE AND DAY-TO-DAY OPERATIONS OF THE
COMMISSION. The Commission shall fix its staffing pattern, determine the
duties, qualifications, responsibilities and function as well as the
compensation scheme for the positions to be created upon the
recommendation of the executive director. The staffing pattern shall be
approved and prescribed by the commission within one hundred twenty (120)
days from the approval of this Act.

“THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE PRESIDENT
UPON RECOMMENDATION OF THE COMMISSION: PROVIDED, NO PERSON
SHALL BE APPOINTED AS EXECUTIVE DIRECTOR UNLESS HE/SHE POSSESSES
THE FOLLOWING MINIMUM QUALIFICATIONS: A FILIPINO CITIZEN, OF GOOD
MORAL CHARACTER AND OF UNQUESTIONABLE INTEGRITY, AND A HOLDER
OF A FOUR-YEAR COLLEGE DEGREE IN PUBLIC ADMINISTRATION, BUSINESS
OR LAW: PROVIDED, FURTHER, THAT NO MEMBER OF THE COMMISSION
SHALL SIMULTANEOUSLY SERVE AS EXECUTIVE DIRECTOR.”

SEC, 6. Section 15 of Republic Act No. 7356 is hereby amended to read as follows:

"SEC. 15. The Subcommissions. ~ The Commission shall oversee the
operations and maintenance of National Committees under the following
Subcommissions:

"a) Subcommission on Cultural Heritage, which shall cover
but will not be limited to the following areas: libraries
and information services, archives, museums, galleries,
monuments and sites, and historical research;

"b)  Subcommission on the Arts, which shall cover but will
not be limited to the following areas: literary arts, visual
arts, architecture, dramatic arts, broadcast arts, musical
arts, dance, film, FASHION, AND CULINARY ARTS;

c) Subcommission on Cultural Dissemination, which shall
cover but will not be limited to the following areas:
language and translation, cultural events, and cultural
education and information; and

"d) — Subcommission on Cultural Communities, which shall
cover but will not be limited to the following areas: Agta


culture and arts, cultures and arts of Northern cultural
communities, Southern cultural communities, Muslim
cultural communities, and lowland cultural
communities.

“FILIPINO CITIZENS WHO ARE OF GOOD STANDING AND ARE
RECOGNIZED AND ACTIVE PRACTITIONERS IN HIS OR HER OWN FIELD/ART
ARE ELIGIBLE FOR MEMBERSHIP IN THE NATIONAL COMMITTEES.

“THE NATIONAL COMMITTEES SHALL, AMONG OTHER THINGS AND
WITHIN THEIR RESPECTIVE FIELDS OF EXPERTISE, ASSIST THE COMMISSION IN
THE FORMULATION OF POLICIES AND PROGRAMS, PROGRAM MONITORING
AND EVALUATION, AND RECOMMEND INDIVIDUAL ARTISTS AND CULTURAL
WORKERS, NON-GOVERNMENT ORGANIZATIONS, ACADEMIC INSTITUTIONS
AND OTHER ORGANIZATIONS FOR GRANTS.”

SEC. 7. A new section to be denominated as section fifteen-A is hereby inserted after
section fifteen of Republic Act No. 7356 to read as follows:

“SEC. 15-A. OFFICES WITHIN THE COMMISSION. ~ THE COMMISSION
‘SHALL HAVE THE FOLLOWING OFFICES:
"a) LEGISLATIVE LIAISON OFFICE — THE LEGISLATIVE LIAISON
OFFICE SHALL ESTABLISH AND MAINTAIN REGULAR
COORDINATION WITH CONGRESS, MONITOR THE
PASSAGE OF LEGISLATIVE MEASURES THAT ARE IN THE”
COMMISSION'S AGENDA, PROVIDE RELEVANT
INFORMATION AND TECHNICAL SUPPORT TO MEMBERS.
OF CONGRESS, AND PERFORM SUCH OTHER RELATED
FUNCTIONS AS MAY BE ASSIGNED OR DELEGATED BY
THE COMMISSION;

"b)  INTER-AGENCY AFFAIRS OFFICE ~ THE INTER-AGENCY
AFFAIRS OFFICE SHALL BE RESPONSIBLE FOR
COORDINATION WITH THE NATIONAL CULTURAL
AGENCIES, INCLUDING BUT NOT LIMITED TO THE
CULTURAL CENTER OF THE PHILIPPINES, THE NATIONAL.
HISTORICAL COMMISSION OF THE PHILIPPINES, THE
NATIONAL MUSEUM, THE NATIONAL LIBRARY,
KOMISYON NG WIKANG FILIPINO, NATIONAL ARCHIVES
OF THE PHILIPPINES, AND WITH OTHER AGENCIES AND.
DEPARTMENTS OF THE NATIONAL GOVERNMENT;

"c) INTERNATIONAL LIAISON OFFICE ~ THE INTERNATIONAL
LIAISON OFFICE SHALL BE RESPONSIBLE FOR
COORDINATION WITH THE INTERNATIONAL CULTURAL
AGENCIES, INTERNATIONAL ORGANIZATIONS, AND.
OTHER COUNTRIES FOR COLLABORATION AND.
FUNDING ASSISTANCE, IN COORDINATION WITH THE
DEPARTMENT OF FOREIGN AFFAIRS;


"d) LOCAL GOVERNMENT UNIT CULTURAL LIAISON OFFICE ~
THE LOCAL GOVERNMENT UNIT LIAISON OFFICE SHALL
DETERMINE THE BASELINE DATA ON THE STATUS OF
LOCAL CULTURE AND ARTS COUNCILS, EXISTING LOCAL
CULTURE AND ARTS COUNCILS’ PROGRAMS AND
PROJECTS, QUANTITATIVE AND — QUALITATIVE
ASSESSMENT OF CURENT AND PAST NCCA PROJECTS
AND PROGRAMS FUNDED THROUGH GRANTS TO THE
LOCAL GOVERNMENT UNITS AND/OR FOR ACTIVITIES
THAT BENEFITED LOCAL GOVERNMENT UNITS,
DETERMINE KEY INDICATORS FOR SUCCESSFUL LOCAL
INSTITUTIONALIZATION OF CULTURE AND ARTS, AND
CONDUCT AWARENESS PROGRAMS FOR LOCAL
GOVERNMENT UNITS;

"e) GRANTS OFFICE - THE GRANTS OFFICE SHALL
FACILITATE ALL GRANTS-RELATED MATTERS FOR THE
DEVELOPMENT, PROTECTION, PRESERVATION AND
DISSEMINATION OF PHILIPPINE CULTURE AND THE
ARTS; PROVIDED, THAT, THE COMMISSION SHALL BE
THE DECIDING BODY IN AWARDING THE GRANTS TO
APPLICANTS;

"f) LEGAL ASSISTANCE OFFICE — THE LEGAL ASSISTANCE
OFFICE SHALL ESTABLISH A MECHANISM FOR’
FREE LEGAL ASSISTANCE FOR ARTISTS AND CULTURAL
WORKERS FOR THE PROTECTIONS OF THEIR
INTELLECTUAL PROPERTY RIGHTS AND ENFORCEMENT
OF CONTRACTUAL OBLIGATIONS IN COORDINATION
WITH THE INTEGRATED BAR OF THE PHILIPPINES, AND
OTHER NGOS AND VOLUNTEER GROUPS.

"g) ARTIST WELFARE OFFICE ~ THE ARTIST WEFARE OFFICE
SHALL SERVE AS THE PRIMARY OFFICE RESPONSIBLE
FOR THE ACCREDITATION OF ARTISTS AND GUILDS AND
SHALL ENSURE COMPLIANCE WITH THE PROVISIONS OF
THE ARTIST WELFARE PROTECTION ACT.”

SEC. 8. Section 22 of Republic Act No. 7356 is hereby repealed.

SEC, 9. Separability Clause. - All laws, presidential decrees or issuances, executive
orders, letters of instruction, administrative orders, rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed, modified or amended

accordingly.

SEC. 10. Fffectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved,