Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Third Regular Session

House Bit. no, 6179

Introduced by Representatives Rosenda Ann Ocampo, Kimi S. Cojuangco, Winston
“Winnie” T. Castelo and Alfredo D. Vargas III

EXPLANATORY NOTE

Enshrined in the 1987 Constitution is the mandate that the State shall “conserve,
promote and popularize the nation’s historical and cultural heritage and resources, as well as.
artistic creations." It further provides that “all the country’s artistic and historic wealth
constitutes the cultural treasure of the nation and shall be under the protection of the State
which may regulate its disposition.”

Our history, culture, and heritage are intangible ideas that connect Filipinos to each
other and unite us in a national identity. It is this shared history that must drive us towards 2
desire for inclusive progress in our nation.

Unfortunately, in other parts of the country there is still a lack of appreciation and
knowledge towards the preservation and protection of cultural properties. In the recent
months following the issue of preserving the vista of the Rizal Monument, there have been
numerous reports on the desecration and mutilation of important cultural properties such as
the demolition of the Army and Navy Club, gouging of Admiral Hotel along Roxas Boulevard
in Manila, impending demolitions of El Hogar in Binondo, Manila, Dampol Arc in Nueva
Vizcaya and the ancestral houses in Palo Leyte, and many others.

Due to this continued disregard and wanton destruction of cultural properties within
the country, the need to further strengthen the National Cultural Heritage Act of 2009
(Republic Act No. 10066) and amend the Law Creating the National Commission for Culture
And The Arts (Republic Act No, 7356) emerges, to properly and urgently address the threats
to our cultural heritage. In the amendment of the said laws, the powers and functions of the
National Commission for Culture and the Arts (NCCA) will be enhanced in order for the
Commission to implement heritage conservation programs and activities as well as enforce
laws on heritage conservation, The cultural properties will be properly identified and
uniformly categorized, thereby identifying the layer of protection that will cover them. The
power to declare, delist, and exempt National Cultural Treasures or Important Cultural
Properties are vested in the NCCA or the appropriate cultural agency, which they may
exercise motu proprio or upon application by any interested party.

The NCCA's powers to issue a Cease and Desist Order, Protection Order and
Restoration or Rehabilitation Order are further strengthened and procedures clearly laid out
to ensure stronger enforcement and protection. A new provision was inserted to address the
recent issues between development and preservation by requiring Heritage Permits for any
construction, alteration, repair, removal, conversion or demolition of any building or structure


from the local government unit or the NCCA to ensure that no cultural property within its
jurisdiction will be affected, Moreover, the proposed addition of the Legal Office and the
Conservation Division will further strengthen the capacity of the NCCA to perform its
mandate

The overlapping jurisdiction of cultural agencies will also be addressed in this Bill by
rationalizing the powers and duties of affiliated cultural agencies. Properly identifying the
functions of each cultural agency will help in immediately identifying the agency that is
responsible for the protection and preservation of each cultural property,

Private sector support is encouraged by facilitating the conservation, restoration and
rehabilitation of cultural property through creative arrangements pursuant to the Build-
Operate-and-Transfer (BOT) and the Public-Private Partnership (PPP) laws or other similar
laws, Privileges accorded to cultural properties are also expanded to include tax incentive in
the form of tax credit, refund, or a deductible expense equivalent to one hundred percent
(100%) of the amount assumed by the private property owner for the preservation and/or
conservation of the cultural property.

Furthermore, recognizing that the cultural properties of the country are invaluable
and immeasurable, this Bill also seeks to amend the Penal Provision of R.A. 10066 by
providing stiffer penalties.

According to the World Commission on Culture and Development, “culture is the
fountain of our progress and creativity and must be carefully nurtured to grow and develop.”
Contrary to usual perceptions, culture and heritage can also be catalysts for development,
especially when important cultural properties are protected. Preserving the integrity of
cultural properties need not stifle development of new structures. Cultural heritage tourism
plays an important sector to community economic development, a good example of which is
Vigan City. The growth of tourism in Vigan City has contributed to greater income generation
and employment opportunities to the community.

In fact, the Hangzhou Decleration recognizes that heritage conservation is a part of a
sustainable development plan and advocates placing culture at the heart of public policy.
The relevant provision state that “the potential of culture as a driver for sustainable
development, through the specific contributions that it can make — as knowledge capital and
a sector of activity — to inclusive social, cultural and economic development, harmony,
environmental sustainability, peace and security. This has been confirmed by a wealth of
studies and demonstrated by numerous concrete initiatives.”

With strong policies in place and their effective implementation, urban development
and economic progress can coexist with heritage preservation. Our cultural properties are
physical manifestations of this ideal, and sacred symbols of our nationhood and ongoing
historical narrative. It is incumbent upon us to preserve these treasures, not only as a
gn our identity, but also as a gift to our posterity, the future
generations of serve to inherit @ strong sense of culture and history from
their forebears,



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Third Regular Session
6173

HOUSE BILL NO.

Introduced by Representatives Rosenda Ann Ocampo, Kimi S. Cojuangco,
Winston “Winnie T. Castelo, and Alfredo D. Vargas III

AN ACT

STRENGTHENING THE MECHANISMS FOR THE PROTECTION AND CONSERVATION OF
THE NATIONAL CULTURAL HERITAGE BY BROADENING THE MANDATE OF THE
NATIONAL COMMISSION FOR CULTURE AND THE ARTS, ENHANCING ITS POWERS AND
FUNCTIONS, RATIONALIZING THE POWERS AND DUTIES OF AFFILIATED CULTURAL
AGENCIES, PROVIDING STIFFER PENALTIES FOR VIOLATIONS THEREOF, AND
‘APPROPRIATING FUNDS THEREFOR, AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 10066, OTHERWISE KNOWN AS THE “NATIONAL CULTURAL HERITAGE ACT OF
2009”AND 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:

CHAPTER I
AMENDMENTS TO REPUBLIC ACT NO. 7356, OR THE LAW
CREATING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS

SECTION 1, Title I!, Section 8 of Republic Act No. 7356 is hereby amended 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 to Congress.

SECTION2, Title Il, Sections 12 and 13 of Republic Act No. 7356 are hereby amended as
follows:

"SEC. 12. Mandate. - The Commission is hereby mandated to ENFORCE LAWS,
IMPLEMENT PROGRAMS AND ACTIVITIES, AND formulate and implement policies
and plans, in accordance with the principles stated in Title 1 of this Act.

XXX


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"b) xxx
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“8) encourage, support and systematize the audio-visual documentation of
Filipino cultural expressions in the contemporary period{.]; AND

“9) ENFORCE LAWS ON HERITAGE CONSERVATION AND IMPLEMENT
HERITAGE CONSERVATION PROGRAMS AND ACTIVITIES.”

XXX
XXX

“SEC, 13, Powers and Functions. - To carry out its mandate, the Commission
shall exercise the following powers and functions:

XXX
XXX

“l) regulate activities inimical to preservation/conservation of national cultural
heritage/properties|.);

“M) PLAN AND IMPLEMENT HERITA(
ACTIVITIES; AND

E CONSERVATION PROGRAMS AND

“N) ENFORCE LAWS ON HERITAGE CONSERVATION.”
CHAPTER I
AMENDMENTS TO REPUBLIC ACT NO. 10066, OR
THE NATIONAL CULTURAL HERITAGE ACT OF 2009

SECTION 3. - Article II, Section 3 of Republic Act No. 10066 is hereby amended as follows:

“SEC. 3.Definition of Terms.~ [For purposes of this Act, the following terms shall
be defined as follows] As used in this Act:

XXX

"(@) "Archaeological area” shall refer to any place, whether above or
underground, underwater or at sea level, containing fossils, artifacts and other
cultural, geological, botanical, zoological materials which depict and document
[culturally relevant paleontological], prehistoric and/or historic events.

XXX

“G) "Cultural agencies" shall refer to the following national government
agencies [with their specific areas of responsibility}: National Museum [(cultural

aie


property);],[the] National Library OF THE PHILIPPINES[(books);], National
Historical [Institute] COMMISSION OF THE PHILIPPINES [(Philippine history);],
National Archives OF THE PHILIPPINES {(documents);], Cultural Center of the
Philippines [(culture and the arts);], and Komisyon sa Wikang Filipino [(language)].

XXX

"(M) “CULTURAL HERITAGE MAPPING” SHALL REFER TO THE APPROACH
USED TO IDENTIFY, RECORD, AND USE CULTURAL RESOURCES AND ACTIVITIES
FOR BUILDING COMMUNITIES. IT IS A SET OF ACTIVITIES AND PROCESSES FOR
EXPLORING, DISCOVERING, DOCUMENTING, EXAMINING, ANALYZING,
INTERPRETING, PRESENTING AND SHARING INFORMATION RELATED TO PEOPLE,
COMMUNITIES, SOCIETIES, PLACES AND THE MATERIAL PRODUCTS AND
PRACTICES ASSOCIATED WITH THEM.

“(N) [(m)] “Cultural heritage worker" shall refer to [an individual
undertakingJANY PERSON ENGAGED IN cultural heritage work, WHICH SHALL
INCLUDE CONSERVATION, EDUCATION, RESEARCH AND ARCHAEOLOGY,
ARCHIVAL, CONSERVATORSHIP, CURATORSHIP, AUTHENTICATION, APPRAISAL,
EVALUATION AND MANAGEMENT OF CULTURAL PROPERTY.

“(0) [(n)] "Cultural institution” shall refer to entities engaged primarily in
cultural work,

“(P) “CULTURAL LANDSCAPE" SHALL REFER TO A GEOGRAPHIC AREA
INCLUDING BOTH THE CULTURAL AND NATURAL RE AND THE FLORA
AND FAUNA FOUND THEREIN ASSOCIATED WITH A HI NT, ACTIVITY
OR PERSON OR EXHIBITING OTHER CULTURAL OR AE

“(Q) [(0)] “Cultural property" shall refer to [all products of human creativity by
which a people and a nation reveal their identity, including 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 or
intangible] PROPI YY, WHETHER MOVABLE OR IMMOVABLE, TANGIBLE OR
INTANGIBLE, OR PUBLICLY OR PRIVATELY OWNED OR OTHERWISE OWNED
UNDER THE INDIGENOUS CONCEPT OF OWNERSHIP UNDER REPUBLIC ACT NO.
8371, OTHERWISE KNOWN AS THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997,
WHICH, ON RELIGIOUS OR SECULAR GOURNDS, ARE OF IMPORTANCE TO A
PEOPLE AND NATION FOR ARCHAEOLOGY, PREHISTORY, HISTORY, PHILOSOPHY,
POLITICS, ANTHROPOLOGY, ARTS, AND SCIENCE AND TECHNOLOGY.

“(R) [(p)] "Dealers" shall refer to natural or juridical persons who acquire
cultural property for the purpose of engaging in the acquisition and disposition of
the same.

“(8) [(q)] "Heritage zone" shall refer to historical, anthropological,
archaeological, artistic geographical areas and settings that are culturally significant
to the country, as declared by the National Museum and/or the National Historical
[Institute] COMMISSION OF THE PHILIPPINES.


wanrdsnaune

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"(T) [(9]"History” shall refer to a written record of past events relating to
Philippine history.

"(U) [(S)] "Historical landmarks" shall refer to sites or structures that are
associated with events or achievements significant to Philippine history as declared
by the National Historical [Institute] COMMISSION OF THE PHILIPPINES.

“(V) {(t)] "Historical monuments" shall refer to structures that honor illustrious
persons or commemorate events of historical value as declared by the National
Historical [Institute] COMMISSION OF THE PHILIPPINES.

“(W) [(w)] "Historical shrines" shall refer to historical sites or structures
hallowed and revered for their history or association as declared by the National
Historical [Institute] COMMISSION OF THE PHILIPPINES.

"(X) [()]__ "Historical street name" shall refer to a street name which has been
in existence for at least fifty (50) years and over time has been considered historic,

“(¥) [(w)] "Important cultural property (ICP)" shall refer to a cultural property,
WHETHER TANGIBLE OR INTANGIBLE, having exceptional cultural, artistic,[and]
historicalAND/OR SCIENTIFIC significance to the Philippines, as [shall be
determined by the National Museum and/or National Historical Institute]
DECLARED BY THE COMMISSION OR THE APPROPRIATE CULTURAL AGENCY.

“(@Z) [@] “Intangible cultural heritage" shall refer to the practices,
representations, expressions, knowledge and skills, as well as the instruments,
objects and artifacts associated therewith, that communities, groups and individuals
recognize as part of their cultural heritage, such as: (1) oral traditions, languages
and expressions; (2) performing arts; (3) social practices, rituals and festive events;
(4) knowledge and practices concerning nature and the universe; and (5) traditional
craftsmanship.

“(AA) [(y)] "Intangible cultural property” shall refer to the peoples’ learned
processes along with the knowledge, skills and creativity that inform and are
developed by them, the products they create and the resources, spaces and other
aspects of social and natural context necessary for their sustainability.

[(z) “Library” shall refer to an institution where the collection of books,
manuscripts, computerized information and other materials are organized to
provide physical, bibliographic and/or intellectual access to the public, with a
librarian that is trained to provide services and programs related to the information
needs of its clientele]

“(BB) “LOCAL CULTURAL PROPERTY” SHALL REFER TO CULTURAL PROPERTY
IDENTIFIED BY A LOCAL GOVERNMENT UNIT;

“(CC) [(aa)] "Museum" shall refer to a permanent institution that researches,

acquires, conserves, communicates and exhibits the material evidence of humans
and their environment for purposes of education or leisure.

win


“(DD) [(bb)} “National cultural treasure" shall refer to a unique cultural
property, WHETHER TANGIBLE OR INTANGIBLE [found locally], possessing
outstanding historical, cultural, artistic and/or scientific value which is highly
significant and important to the country and nation, and officially declared as such
by THE COMMISSION OR THE APPROPRIATE [pertinent] cultural agency.

“(EE) {(cc)] "Nationally significant" shall refer to historical, aesthetic, scientific,
technical, social and/or spiritual values that unify the nation by a deep sense of
pride in their various yet common identities, cultural heritage and national
patrimony.

“(FE) [(dd)] "Natural property of cultural significance" shall refer to areas
possessing outstanding ecosystem with flora and fauna of national scientific
importance under the National Integrated Protected Areas System.

“(GG) [(ee)] "NCCA Portal Cultural Databank" refers to the specific domain in
the Commission{'s intranet for cultural information that is accessed only internally
with control and confidentiality) THAT MAY BE ACCESSED, SUBJECT TO RULES AND
REGULATIONS THAT MAY BE IMPOSED BY THE COMMISSION. It includes the
registry of national cultural property.

“(HH) [(f)] "Prehistory" shall refer to the period of human history before the
introduction of the forms of writing.

"(II) “PROTECTION” SHALL REFER TO THE OBLIGATION TO SAFEGUARD THE
CULTURAL PROPERTY AND UNDERTAKE MEASURES NECESSARY FOR SUCH
PURPOSE; AND TO PROHIBIT, PREVENT AND PUT A STOP TO ANY FORM OF
THEFT, PILLAGE OR MISAPPROPRIATION 'ULTURAL PROPERTY, AND REFRAIN
FROM, PREVENT AND PROHIBIT ACTS THAT DESECRATE, DESTROY OR DAMAGE
THE CULTURAL PROPE , INCLUDING THOSE THAT ADVERSELY AFFECT ITS
INTEGRITY, ITS SURROUNDINGS AND/OR VISTA.

“(N) [(gg)] "Registry" shall refer to the Philippine Registry of Cultural Property
which is the registry of all cultural property of the country deemed of significant
importance to our cultural heritage.

"(KK) [(hh)] "Restoration" shall refer to the action taken or the technical
intervention to correct deterioration and alterations.

"(LL) [(ii)] "Tangible cultural property" shall refer to a cultural property with
historical, archival, anthropological, archaeological, artistic and architectural value,
and with exceptional or traditional production, whether of Philippine origin or not,
including antiques and natural history specimens with significant value]. IT SHALL
INCLUDE PLACES OF RELIGIOUS WORSHIP; SCHOOLS AND NATURAL HISTORY
SPECIMEN, AND ARCHAEOLOGICAL AND OTHER SITES; OBJECTS OF
ETHNOLOGICAL INTEREST; WORKS OF OR RELATING TO HISTORY AND THE LIFE
OF NATIONAL LEADERS, THINKERS, SCIENTISTS, AND ARTISTS; RARE
MANUSCRIPTS AND INCUNABULA, OLD BOOKS, DOCUMENTS AND PUBLICATIONS,
AND PHOTOGRAPHIC AND CINEMATOGRAPHIC MATERIALS OF SPECIAL



INTEREST; POSTAGE, REVENUE AND SIMILAR STAMPS; ANTIQUITIES; AND
ARCHIVE:

SECTION 4, Article Ill, Sections 4 to 10 of Republic Act No, 10066 are hereby amended as
follows:

. 4.Categories. - The cultural property of the country shalll be categorized as

follows:

[(a) National cultural treasures;

(b) Important cultural property;

(c) World heritage sites;

(d)_ National historical shrine;

(e) National historical monument; and
(8) National historical landmark.)

“1, CATEGORY I, WHICH SHALL CONSIST OF:
“(A) NATIONAL CULTURAL TREASURES;
“(B) WORLD HERITAGE SITES;

"(C) NATIONAL HISTORICAL SHRINE;
“(D) NATIONAL HISTORICAL MONUMENT;
“(E)_ NATIONAL HISTORICAL LANDMARK;

"2, CATEGORY II, CONSISTING OF IMPORTANT CULTURAL PROPERTY; AND
“3, CATEGORY III, CONSISTING OF OTHER CULTURAL PROPERTY.”

“SEC. 5. [Cultural Property Considered] PRESUMED Important Cultural Property.~
For purposes of PRESERVING THE INTEGRITY OF CULTURAL PROPERTY AND/OR
protecting a cultural property against exportation, modification or demolition, the
following works shall be {considered} PRESUMED important cultural property,
unless declared otherwise by the COMMISSION OR THE pertinent cultural agency IN
ACCORDANCE WITH SECTION 8 HEREOF, OR UPON EXPIRATION OF SUCH
PRESUMPTIO!

[Unless declared by the Commission,
(a) Works by a Manlilikha ng Bayan;
(b) Works by a National Artist;

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40 Unless declared by the National Museum,

4 (c) Archaeological and traditional ethnographic materials;
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43 Unless declared by the National Historical Institute,

44 (d) Works of national heroes;

45 (e) Marked structure;

46 () Structures dating at least fifty (50) years old; and

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48 Unless declared by the National Archives,

49 (g) Archival material/document dating at least fifty (50) years old]
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“(A) WORKS BY A MANLILIKHANG BAYAN;

“(B) WORKS BY A NATIONAL ARTIST;

C) WORKS OF THE MASTERS;

“(D) STRUCTURES DATING AT LEAST FIFTY (50) YEARS OLD AND WHICH,

PRIMA FACIE QUALIFY AS IMPORTANT CULTURAL PROPERTY (ICP);

"(E) ARCHAEOLOGICAL AND TRADITIONAL ETHNOGRAPHIC MATERIALS;

"(F) WORKS OF NATIONAL HER
"(G) MARKE
"(H) CULTURAL ;
“(1) ARCHIVAL MATERIAL/DOC UMENT DATING AT L

OLD.

AST

Y (50) YEARS

“THE PROPERTY OWNER MAY PETITION THE APPROPRIATE CULTURAL
AGENCY TO REMOVE THE PRESUMPTION OF IMPORTANT CULTURAL PROPERTY
WHICH SHALL NOT BE UNREASONABLY WITHHELD.

“THE PRESUMPTION CREATED UNDER THIS SECTION SHALL EXPIRE WITHIN
THE FOLLOWING PERIODS FROM THE TIME THE PHILIPPINE REGISTRY OF
CULTURAL PROPERTIES UNDER SECTION 16 HEREOF SHALL HAVE BEEN
ESTABLISHED BY THE COMMISSION: (A) TWO (2) YEARS FOR IMMOVABLE
CULTURAL PROPERTY; AND (B) FIVE (5) YEARS FOR MOVABLE CULTURAL
PROPERTY.

“THE REMOVAL OR EXPIRATION OF THE PRESUMPTION UNDER THIS SECTION
SHALL NOT PREJUDICE THE COMMISSION OR THE APPROPRIATE CULTURAL
AGENCY FROM DECLARING THE SAME PROPERTY INTO ANY OF THE CULTURAL
PROPERTIES UNDER CATEGORIES | OR Il: PROVIDED, THAT ANY PROPERTY
WHOSE PRESUMPTION HAS BEEN REMOVED IN ACCORDANCE WITH THIS
SECTION MAY ONLY BE DECLARED ON ACCOUNT OF CIRCUMSTANCES
SUBSEQUENT TO SUCH REMOVAL."

C. 6. World Heritage Sites. - The [appropriate cultural agency] COMMISSION
shall UNDERTAKE THE RESPONSIBILITIES PERTAINING TO THE PHILIPPINES AS
PROVIDED FOR BY RELEVANT PROVISIONS OF THE CONVENTION CONCERNING
THE PROTECTION OF THE WORLD CULTURAL AND NATURAL HERITAGE. IT
SHALL closely collaborate with the APPROPRIATE CULTURAL AGENCY AND 1
United Nations Educational Scientific and Cultural Organization (UNESCO) National
Commission of the Philippines in ensuring the conservation and management of
world heritage sites of cultural and mixed sites category, in the Philippines.”

7. Privileges for Cultural Property. - All cultural properties declared as
national cultural treasures and national historical landmarks, sites or monuments
shall be entitled to the following privileges:

(a) [Priority}[g]Government [funding for] protection, AND PRIORITY FUNDING
FOR conservation and restoration;

"(b) Incentive for private support of conservation and restoration through the
Commission's [Conservation] CULTURAL PROPERTY IncentiveS’ Program [for
national cultural treasures};



“(C) TAX INCENTIVE IN THE FORM OF TAX CREDIT, REFUND, OR A
DEDUCTIBLE EXPENSE EQUIVALENT TO ONE HUNDRED PERCENT (100%) OF THE
AMOUNT ASSUMED BY THE PRIVATE PROPERTY OWNER FOR THE
PRESERVATION AND/OR CONSERVATION OF THE CULTURAL PROPERTY, WHICH
MAY BE AVAILED OF IN ACCORDANCE WITH THE PROVISIONS OF THE NATIONAL
INTERNAL REVENUE CODE OF 1997, AS AMENDED: PROVIDED, THAT THE WORKS
SHALL BE PRIORLY APPROVED BY THE COMMISSION;

“(D) [(c)] An official heritage marker placed by the cultural agency concerned
indicating that the immovable cultural property has been identified as national
cultural treasures and/or national historical landmarks, sites or monuments; and

"(E) ((d)] In times of armed conflict, natural disasters and other exceptional
events that endanger the cultural heritage of the country, all national cultural
treasures or national historical landmarks, sites or monuments shall be given
priority protection by the government, WHICH MAY INCLUDE, AMONG OTHERS,
GUARDING, HANDLING AND TRANSPORTING UNDER SPECIAL PROTECTION OF
SUCH PROPERTY."

XXX

“SEC. 8. [Procedure for] Declaration, for] Delisting AND EXEMPTION of National
Cultural Treasures or Important Cultural Property. - The [procedure in declaring as
well as in delisting a] AUTHORITY TO DECLARE national cultural [property]
TREASURES or [an] important cultural property, [shall be as follows] REMOVE THE
PRESUMPTION CREATED UNDER SECTION 5 HEREOF, OR DELIST CULTURAL
PROPERTY FROM THE PHILIPPINE REGISTRY OF CULTURAL PROPERTY SHALL
VEST IN THE COMMISSION OR THE APPROPRIATE CULTURAL AGENCY, AS THE
CASE MAY BE. SUCH AUTHORITY MAY BE EXERCISED MOTU PROPRIO OR UPON
APPLICATION BY ANY INTERESTED PARTY BY THE FOLLOWING:

“A) THE COMMISSION, WITH RESPECT TO WORKS BY A MANLILIKHA NG
BAYAN AND WORKS BY A NATIONAL ARTIST; AND STRUCTURES DATING AT
LEAST FIFTY (50) YEARS OLD;

"B) THE NATIONAL MUSEUM, WITH RESPECT TO ARCHAEOLOGICAL AND
TRADITIONAL ETHNOGRAPHIC MATERIALS AND WORKS OF THE MASTERS;

“C) THE NATIONAL HISTORICAL COMMISSION OF THE PHILIPPINES, WITH
RESPI ‘0 WORKS OF NATIONAL HEROES’ MARKED STRUCTURE; AND

“D) THE NATIONAL ARCHIVES, WITH RESPECT TO ARCHIVAL
MATERIAL/DOCUMENT DATING AT LEAST FIFTY (50) YEARS OLD.

“IF COMMENCED BY AN APPLICANT, THE PROCEDURE IN DECLARING OR
DELISTING A NATIONAL CULTURAL PROPERTY OR AN IMPORTANT CULTURAL
PROPERTY, OR IN REMOVING THE PRESUMPTION CREATED UNDER SECTION 5.
HEREOF, SHALL BE AS FOLLOWS:


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[(a) A declaration or a delisting of a cultural property as a national cultural
treasure or an important cultural property shall commence upon the filing of a
petition by the owner, stakeholder or any interested person, with the Commission,
which shall refer the matter to the appropriate cultural agency;

(b) Upon verification of the suitability of the property as a national cultural
treasure or an important cultural property, the cultural agency concerned shall send
notice of hearing to the owner and stakeholders. Stakeholders including, but not
limited to, local government units, local culture and arts council, local tourism
councils, nongovernment conservation organizations, and schools, may be allowed
to file their support or opposition to the petition;)

STAKEHOLDER, OR ANY INTERESTED PERSON SHALL FILE
ON WITH THE COMMISSION, WHICH SHALL DOCKET SAID
PETITION, UNLESS THE SUBJECT MATTER OF THE PETION FALL UNDER ITS
AREAS OF RESPONSIBILITY, THE COMMISSION SHALL REFER THE MATTER TO
THE APPROPRIATE CULTURAL AGENCY OR AGENCIES, AS THE CASE MAY BE,
(15) DAYS FROM R REOF. IN CASE THE PETITION

[HE COMMISSION SHALL HAVE

“(B) WITHIN F
COMMISSION OR THE CUL
HEARING TO THE OWNER AND . STAKEHOLDERS, INCLUDING
BUT NOT LIMITED TO, LOCAL GOVERNMENT UNITS, LOCAL CULTURE AND ARTS
COUNCILS, LOCAL TOURISM COUNCILS, NONGOVERNMENT CONSERVATION
ORGANIZATIONS AND SCHOOLS, MAY BE ALLOWED TO FILE THEIR COMMENT TO
‘THE PETITION WITHIN FIFTEEN (15) DAYS FROM THE DATE OF THE HEARING;

Ff THE PETITION, THE
SEND NOTICES OF

“(c) The owner, and/or other stakeholders shall file their RESPECTIVE position
paperS within [fifteen (15)] THIRTY (30) days from [receipt of the notice of] DATE
OF THE hearing[, furnishing) AND FURNISH COPIES THEREOF TO all the parties[,
including the appropriate cultural agency, with such position paper]. Extensions
may be allowed, but in no case shall it exceed more than thirty (30) days; AND

[(d) The petitioner/stakeholder shall give their answer within fifteen (15) days
upon receipt of any position paper. Thereafter, no further submissions shall be
allowed; and}

"(D) [(e)]_ The appropriate cultural agency shall have a maximum of ninety (90)
days from the deadline of the submission of POSITION PAPERS [all the answers]
within which to (submit its resolution and render its decision on] RESOLVE the
application.”

"SEC. 9. Right of First Refusal on the Sale of National Cultural [Treasures]
PROPERTY. - The COMMISSION AND/OR THE appropriate cultural agency shall
HAVE [be given] the right of first refusal in the purchase of ANY (cultural properties]
declared [as] national cultural [property] TREASURE, IMPORTANT CULTURAL
PROPERTY, NATIONAL HISTORICAL LANDMARKS AND NATIONAL SHRINES. Prior
to the finality of the sale, the COMMISSION AND/OR appropriate cultural agency

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may likewise match any offer made for the purchase of [national cultural] SUCH

property.”
4 “SEC. 10. Licensing of Dealers of Cultural Property AND REPORTORIAL
5 REQUIREMENTS. ~ All dealers of cultural property shall secure a license to operate
6 as such from the [appropriate cultural agency concerned] COMMISSION. They shall
a submit TO THE COMMISSION a quarterly [inventory of items carried] REPORT
8 which shall {include a] CONTAIN A LIST OF ITEMS IN ‘ INVENTORY, THE
9 story of each item, AUTHENTICATION DOCUMENTS, IF ANY, DEALINGS IN SUC
10 MS INCLUDING DATE OF ACQUISITION AND SALE, AND OTHER DETAILS AS
MAY BE REQUIRED BY THE COMMISSION. Failure to submit two (2) consecutive
12 inventories] REPORTS shall be a ground for cancellation of the license. All dealers
B of cultural property shall be subject to inspection by the COMMISSION THROUGH
14 THE concerned cultural {agencies] AGENCY.”
1s
16 (The cultural agencies may charge and collect fees for registration as well as for
17 licenses, inspections, certifications, authorizations and permits that they issue and
18 undertake in connection with the implementation of this Act. Funds generated from
19 these collections by cultural agencies shall be retained by the cultural agency
20 concerned for its operations,
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22. SECTION 5. Anew Section 11 under Article III is hereby inserted as follows:
23

24 “SEC. 11, FEES. - THE COMMISSION AND THE CULTURAL AGENCIES MAY
25 CHARGE AND COLLECT FEES FOR REGISTRATION AS WELL AS FOR LICENSES,
26 INSPECTIONS, CERTIFICATIONS, AUTHORIZATIONS AND PERMITS THAT THEY
27 ISSUE AND UNDERTAKE IN CONNECTION WITH THE IMPLEMENTATION OF THIS
28 ACT. FUNDS GENERATED FROM THESE COLLECTIONS BY THE COMMISSION AND
29 THE CULTURAL AGENCIES SHALL BE RETAINED BY THE COMMISSION AND THE
30 CULTURAL AGENCY CONCERNED FOR ITS OPERATIONS.”

31
32 SECTION 6. Article III, Section 11 of Republic Act No. 10066 is renumbered as Section 12
33 and is hereby amended as follows:

34

35 “SEC, [11] 12. Dealings of Cultural Property. - No cultural property shall be sold,
36 resold or taken out of the country without first securing FROM THE COMMISSION a
37 clearance [from] WHICH SHALL ONLY BE [SSUED WITH CONCURRENCE OF the
38 APPROPRIATE cultural agency [concerned]. [In case the property shall] CULTURAL
39 PROPERTY FALLING UNDER CATEGORIES | AND II MAY ONLY be taken out of the
40 country{, it shall solely be] for the purpose of scientific scrutiny or exhibit.”

41

42 SECTION 7. Article IV, Sections 12 and 13 of Republic Act No. 10066 are renumbered as
43. Sections 13 and 14, respectively, and are hereby amended as follows:
44

45 "SEC. [12] 13. Designation of Heritage Zones, - The COMMISSION, IN
46 CONSULTATION WITH THE National Historical [Institute] COMMISSION OF THE
47 PHILIPPINES and the National Museum, [in consultation with the Commission and]
48 the Housing and Land Use Regulatory Board [or] AND other concerned agencies,
49 shall designate heritage zones to protect the historical and cultural integrity of a
50 geographical area.”

S492


1
2 “SEC. [13] 14. Maintenance of Heritage Zones. - A heritage zone shall be
3 maintained by the local government unit concerned, in accordance with the
4 following guidelines:

5

6 XXX

7

8 "(b) Appearance of streets, parks, monuments, buildings, and natural bodies of
9 water, canals, paths and barangays within a locality shall be maintained as close
10 to their appearance at the time the area was of most importance to Philippine

iM history as determined by the National Historical [Institute] COMMISSION OF
12 THE PHILIPPINES; and”

13

14 XXX

15

16 SECTION 8. A new Section 15 under Article IV is hereby inserted as follows:

7

18 "SEC, 15. ALTERATION, CHANGE, TRANSFORMATION OR MODIFICATION OF
19 HERITAGE ZONES. ~ HERITAGE ZONES AND ANY PROPERTY FOUND THEREIN
20 SHALL NOT BE ALTERED, CHANGED, TRANSFORMED OR MODIFIED WITHOUT THE
21 PRIOR WRITTEN AUTHORIZATION FROM THE COMMISSION, WHICH SHALL ONLY
22 BE ISSUED IN CONSULTATION WITH THE APPROPRIATE CULTURAL AGENCY.”

23

24 SECTION 9. Article V, Sections 14, 15 and 16 of Republic Act No. 10066 are renumbered as
25 Sections 16, 17 and 18, respectively, and are hereby amended as follows:
26

27 “SEC. [14] 16, Establishment of a Philippine Registry of Cultural Property. ~ All
28 cultural properties of the country deemed important to cultural heritage shall be
29 registered in the Philippine Registry of Cultural Property.

30

31 “The Commission{, through the appropriate cultural agencies and local
32 government units, shall establish,[and] maintain AND UPDATE this Registry within
3 three (3) years from the effectivity of this Act. The guidelines in the registration of
34 cultural property are as follows:

35

36 “(a) All cultural agencies concerned shall individually maintain an inventory,
37 evaluation and documentation of all cultural properties THEY HAVE declared
38 according to their category and shall submit the same to the Commission, For
39 cultural property declared as immovable cultural property, the appropriate cultural
40 agency shall, after registration, give due notice to the concerned Registry of Deeds

Al HAVING JURISDICTION for annotation on the land titles pertaining to the same;

42

43 “(b) Local government units[, through their cultural offices,] shall likewise

44 maintain an inventory of cultural property under its jurisdiction and shall furnish

45 the Commission a copy of the same;

46

47 XXX

48

49 “(e) Private collectors and owners of cultural property shall register such

50 properties within three (3) years from the effectivity of this Act. The private

ofits


collectors and owners of cultural property shall not be divested of their possession
and ownership thereof even after registration of said property as herein required.

1
2
4 “Information on registered cultural properties EXCEPT BUILT HERITAGE, owned
5 by private individuals shall remain confidential and may be given only upon prior
6 consent of the private owner. The Commission shall operate the Registry in the
z NCCA portal cultural databank.

8

9

“IN CASE OF ANY DISCREPANCY IN THE INVENTORY OF CULTURAL PROPERTY
10 MAINTAINED BY THE CULTURAL AGENCIES, LOCAL GOVERNMENT UNITS AND
iW THE COMMISSION, THE ENTRIES IN THE REGISTRY OF THE COMMISSION SHALL
12 PREVAIL.”

14 "SEC. [15] 17. Conservation of Cultural Property. ~ All intervention works and
15 measures on conservation of national cultural treasures, important cultural
16 property, as well as national historical landmarks, sites or monuments and
7 structures previously marked by the National Museum and/or the National
18 Historical [Institute] COMMISSION OF THE PHILIPPINES before the implementation
19 of this Act, shall be undertaken [through the appropriate cultural agency which shall
20 supervise the same] BY OR UNDER THE SUPERVISION OF THE COMMISSION OR
21 THE APPROPRIATE CULTURAL AGENCY.

22

2B “The [appropriate cultural agency) COMMISSION AND ALL CULTURAL
24 AGENCIES SHALL FORMULATE, USE AND ENFORCE UNIFORM STANDARDS OF
25 CONSERVATION THAT [shall approve only those methods and materials that
26 strictly] adhere to the accepted international standards [of conservation].

27

28 "SEC. [16] 18. Documentation and Preservation of Traditional and Contemporary
29 Arts, = Xxx

30

31 XXX

32

33 “The local government unit concerned shall submit an annual inventory of these
34 documentations to the Commission, which will be included in the Philippine
35 Registry of Cultural Property, as established in Section [14] 16 of this Act.”

36

37 SECTION 10. Article V, Section 17 of Republic Act No. 10066 is renumbered as Section 19.

39 SECTION 11. Article V, Section 18 of Republic Act No. 10066 is renumbered as Section 20
40 and is hereby amended as follows:

41
42 “SEC. [18] 20. Heritage Agreements. - The Commission, MOTU PROPRIO OR upon
43 THE advice of the concerned cultural agency, may enter into agreements with
44 private owners of cultural properties with regard to the preservation of said
45 properties,

46

47 “Such agreement shall be in the form of a contract and may include [such] THE
48 FOLLOWING terms and conditions including, but not limited to]:”

49

50 XXX

Bi oe


XXX
SECTION 12. A new Section 21 under Article V is hereby inserted as follows:

“SEC, 21. CONSERVATION AND RESTORATION AGREEMENTS. - THE
COMMISSION MAY ENTER INTO AGREEMENTS TO FACILITATE THE
CONSERVATION, RESTORATION AND REHABILITATION OF CULTURAL PROPERTY
WHETHER PUBLICLY OR PRIVATELY OWNED INCLUDING ENTERING INTO SUCH
ARRANGEMENTS AUTHORIZED UNDER AND PURSUANT TO THE BUILD-OPERATE-
AND-TRANSFER (BOT) AND THE PUBLIC-PRIVATE PARTNERSHIP (PPP) LAWS OR
OTHER SIMILAR LAW:

SECTION 13. Article V, Section 19 of Republic Act No. 10066 is renumbered as Section 22

and is hereby amended as follows:

nC, [19] 22. National Inventory of Intangible Cultural Heritage. - The
appropriate cultural agency shall closely collaborate with the COMMISSION AND
THE UNESCO National Commission of the Philippines (UNACOM) in safeguarding
intangible cultural heritage in the Philippines. [The Philippine Intangible Cultural
Heritage Committee established by the UNESCO National Commission of the
Philippines shall continue to take the lead role in implementing the provisions of the
UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, with
particular attention to Articles 11 to 15 of the said Convention.)

“PURSUANT TO THIS, THE COMMISSION SHALL CREATE AN INTANGIBLE
CULTURAL HERITAGE OFFICE WITHIN ITS STRUCTURE WHICH WILL PURSUE THE
FOLLOWING OBJE BS IN COORDINATION WITH THE UNACOM:

“(A) COORDINATE EFFORTS OF GOVERNMENT AND PRIVATE AGENCIE! AT
IRMS OF INTANGIBLE CULTURAL HERITAGE IN MAKING NATIONAL
FORY AND WORKING TOWARD THE SAFEGUARDING OF 1 FORMS OF
HERITAGE; AND

“(B) UNDERTAKE THE RESPONSIBIL! ITIE PI AINING TO THE PHILIPPINES

SECTION 14. Article V, Section 20 of Republic Act No. 10066 is renumbered as Section 23

and is hereby amended as follows:

"SEC, [20] 23. Immovable National Cultural [Treasures] PROPERTY. -
[immovable] DECLARED national cultural treasures, IMPORTANT CULTURAL
PROPERTY AND NATIONAL HISTORICAL LANDMARKS WHICH ARE IMMOVABLE,
INCLUDING THE SITE ON WHICH THEY ARE FOUND, shall not be relocated, rebuilt,
defaced or otherwise changed in a manner, which would destroy the property's
integrity and authenticity, except to save such property from destruction due to
natural causes.

nid


I “(The site referred to in this provision may only be moved after securing a]
2 UNLESS MADE IN TIMES OF NATURAL OR PUBLIC EMERGENCY, ANY RELOCATION,
3 REBUILDING, OR CHANGE INTRODUCED ON ANY SUCH IMMOVABLE CULTURAL
4 PROPERTY SHALL ONLY BE MADE WITH THE PRIOR WRITTEN permit from the
5 Commission {or the appropriate cultural agency}.

7 “NO CONSTRUCTION, DEVELOPMENT OR IMPROVEMENT THAT WILL IMPEDE

8 THE VIEW OR 0 4 HANGE OR AFFECT THE VISTA OF AN
9 IMMOVABLE NATIONAL CULTURAL S| WORLD HERITAGE OR
10 NATIONAL HISTORICAL LANDMARK, OR DESTROY THE PROPERT EGRITY

Nl AND AUTHENTICITY SHALL BE ALLOWED.”

13 ION 15. Article V, Sections 21 and 22 of Republic Act No. 10066 are renumbered as
14 Sections 24 and 25, respectively, and are hereby amended as follows:

15

16 “SEC. [21] 24. Indigenous Properties, - The COMMISSION AND/OR THE
17 appropriate cultural agency, in consultation with the National Commission on
18 Indigenous Peoples, shall establish a program and promulgate regulations to assist
19 indigenous people in preserving their particular cultural and historical properties.”
20

21 “SEC. [22] 25, Renaming of Historical Streets, Buildings Designated as Cultural
22 Treasure or Important Cultural Property. - The names of historical streets, parks,
23 buildings, shrines, landmarks, monuments and sites designated as national cultural
24 treasures or important cultural property shall not be allowed to be renamed by a
25 local or national legislation, unless approved by the National Historical [Institute]
26 COMMISSION OF THE PHILIPPINES, and only after due hearing on the matter.
7 Furthermore, for changes of names done to historical streets, parks, buildings,
28 shrines, landmarks, monuments, and sites prior to the effectivity of this Act, the
29 National Historical [Institute] COMMISSION OF THE PHILIPPINES may direct the
30 local government units to restore their original names, also after due hearing.”

32. SECTION 16. Article VI, Sections 23 and 24 of Republic Act No, 10066 are renumbered as
33. Sections 26 and 27, respectively, and are hereby amended as follows:

. [23] 26. Export of Cultural Property. ~ Whoever desires to export cultural
36 property [registered in the Philippine Registry of Cultural Property shall adhere to
37 the following requirements:] SHALL APPLY FOR AN EXPORT PERMIT FROM THE
38 COMMISSION,

39

40 {(a) Authorization from the Commission through the appropriate cultural
4 agencies;

42

43 (b) Application for export permit shall be submitted thirty (30) days before the
44 intended export from the Philippines; and

45

46 (c) Application for export permit must include the following: (1) the purpose of
47 the temporary export; (2) the export date of the cultural property; (3) the
48 repatriation date of the cultural property; (4) a description of the cultural property;
49 and (5) the inventory of the cultural property in the Philippine Registry of Cultural
50 Property.

-14-


The grant of export permit shall be based on the following conditions: (i) the
cultural property is exported on a temporary basis; and (ii) export of cultural
property is necessary for scientific scrutiny or exhibit]

“THE APPLICATION SHALL BE FILED WITHIN THIRTY (30) DAYS BEFO.
INTENDED EXPORT FROM THE PHILIPPINES.

weraaueene

9 “THE APPLICATION SHALL CONTAIN THE FOLLOWING:

10

uN “(A) A DESCRIPTION OF THE CULTURAL PROPERTY;

12 “(B) THE INVENTORY OF THE CULTURAL PROPERTY IN THE PHILIPPINE

13 REGISTRY OF CULTURAL PROPERTY, IF ANY;

14 “(C) THE PURPOSE OF THE EXPORT;

15 “(D) THE INTENDED EXPORT DATE OF THE CULTURAL PROPERTY;

16 “(E) THE REPATRIATION DATE OF THE CULTURAL PROPERTY, IF APPLICABLE;
17 “(F) AN ENDORSEMENT FROM THE APPROPRIATE CULTURAL AGENCY; AND
18 "(G) SUCH OTHER DETAILS AS MAY BE REQUIRED BY THE COMMISSION,

19

20 “THE COMMISSION MAY CONDUCT SUMMARY HEARINGS TO RESOLVE AN
21 APPLICATION FOR AN EXPORT PERMIT, PROVIDED THAT ANY APPLICATION IS
22 DECIDED WITHIN FIFTEEN (15) CALENDAR DAYS FROM THE RECEIPT THERE

23

24 NY EXPORT PERMIT ISSUED BY THE COMMISSION SHALL INDICATE, AMONG

25 E NAME OF THE PERMITT! THE PERIOD WITHIN WHICH THE
26 CULTURAL PROPERTY MAY REMAIN OUTSIDE THE PHILIPPINES, ITS INTENDED

27 DESTINATION, AND IN CASE OF CULTURAL PROPERTY FALLLING UNDER

28 ORIES | AND Il, A DIRECTIVE FOR THE PERMI ‘0 INFORM, WITHIN
29 3 (5) DAYS FROM ARRIVAL AT THE PLACE OF DESTINATION, THE PHILIPPINE
30 EMBASSY OR CONSULATE OF SUCH FACT.”

31

32 "SEC. [24] 27. AGREEMENTS AND Repatriation (Claims and Agreements]. ~ Should
33 the cultural property [registered in the Philippine Registry of Cultural Property be
34 illicitly exported from the country] EXPORTED IN CONTRAVENTION OF ANY LAW,
35 TREATY OR EXECUTIVE AGREEMENT, OR THE TERMS OF ANY PERMIT, the
36 Department of Foreign Affairs shall, upon the recommendation of the COMMISSION
37 AND/OR THE appropriate cultural agency, claim the right of repatriation vis-a-vis all
38 other contracting States. [Any compensation and costs shall be carried by the
39 Philippine government]

40

41 “THE COSTS FOR REPATRIATION SHALL BE SHOULDERED BY THE PHILIPPINE
42 GOVERNMENT WITHOUT PREJUDICE TO THE RECOVERY OF SUCH COSTS FROM
43 THE PARTY OR PERSON WHO EXPORTED IN CONTRAVENTION OF ANY LAW,
44 TREATY OR EXECUTIVE AGREEMENT, OR THE TERMS OF ANY PERMIT.”

48

46 XXX

47

48 SECTION 17. Article VII, Section 25 of Republic Act No. 10066 is renumbered as Section 28
49 and is hereby amended as follows:
50


"SEC. [25] 28. Power to Issue @ Cease and Desist Order. - When the [physical]
integrity of (the) A national cultural treasure[s] or important cultural [properties]
PROPERTY, PRESUMED CULTURAL PROPERTY, NATIONAL HISTORICAL,
LANDMARK, NATIONAL HISTORICAL SITE, WORLD HERITAGE SITE AND
NATIONAL HISTORICAL MONUMENT , INCLUDING HERITAGE ZONES, are found to
be in danger of destruction or significant alteration from its original state, [the
appropriate cultural agency] OR IS OTHERWISE ADVERSELY AFFECTED BY ANY
CONSTRUCTION, L OPMENT, IMPROVEMENT, OR ACTION THAT MAY IMPEDE

EW OR OTHERWISE CHANGE OR AFI T ITS VISTA, THE
SSION shall immediately issue a Cease and Desist Order ex parte suspending
ANY AND all activities that will affect the cultural property. [The local government
unit which has the jurisdiction over the site where the immovable cultural property
is located shall report the same to the appropriate cultural agency immediately
upon discovery and shall promptly adopt measures to secure the integrity of such
immovable cuitural property. Thereafter, the appropriate cultural agency shall give
notice to the owner or occupant of the cultural property and conduct a hearing on
the propriety of the issuance of the Cease and Desist Order. The suspension of the
activities shall be lifted only upon the written authority of the appropriate cultural
agency after due notice and hearing involving the interested parties and
stakeholders.]

“THE CEASE AND DESIST ORDER SHALL BE SERVED UPON THE PARTY WHOSE
ACTIVITIES ARE SOUGHT TO BE ENJOINED AND/OR POSTED IN THE PLACE
WHERE THE OFFENDING ACTIVITY IS BEING UNDERTAKEN,

"THE ORDER UNDER THIS SECTION SHALL REMAIN EFFECTIVE UNLESS
SOONER INVALIDATED BY THE COURT OF APPEALS.

“THE CITY OR MUNICIPALITY WHICH HAS JURISDICTION OVER THE PLACE
WHERE THE PROPERTY IS LOCATED OR FOUND SHALL REPORT THE SAME TO
THE COMMISSION IMMEDIATELY UPON DISCOVERY AND SHALL PROMPTLY
ADOPT MEASURES TO SECURE THE INTEGRITY OF SUCH CULTURAL PROPERTY
AND PREVENT ANY FURTHER DAMAGE THEREON,

“WITHIN SEVENTY TWO (72) HOURS FROM THE ISSUANCE OF THE CEASE AND
DESIST ORDER, THE COMMISSION SHALL GIVE NOTICE TO ALL INTERESTED
PARTIES, WHICH SHA\ INCLUDE THE OWNER, OCCUPANT, OR PERSON
UNDERTAKING THE O01 DING ACTIVITY, THE LOCAL GOVERNEMTN UNIT, THE
CONCERNED CULTURAL AG! | AND OTHER STAI AND

;AFTER CONDUCT HEARING ON THE PROPRIETY OF THE ISSUANCE OF TH
SE AND DESIST ORDER. AFTER THE APPROPRIATE PROCEEDINGS, THE
ION MAY LIFT THE CEASE AND DESIST ORDER OR MAKE THE SAME
SUCH WORKS TO BE UNDERTAKEN FOR THE ACCOUNT
OF THE OFFENDING PARTY TO RESTORE THE PROPERTY TO ITS ORIGINAL STATE,
THE COMMISSION SHALL DECIDE ON THE MATTER WITHIN SIXTY (60) DAYS
FROM THE ISSUANCE OF THE CDO.”"

Cl
COMMI

SECTION 18, Article VII, Section 26 of Republic Act No. 10066 is renumbered as Section 30.

-16-


1
2

5

36

SECTION 19, New Sections 29 and 31 under Article VII are hereby inserted as follows:

°, 29, PROTECTION OF CULTURAL PROPERT

POWER TO ISSUE PROTECTION

ORDER. - WHERE ANY CULTURAL PROPERTY OF THE COUNTRY IS IN DANGER OF

rRUCTION OR DAMAGE, OR HAS OTHERWISE BEEN DE!

TROYED OR

DAMAGED, DUE TO ARMED CONFLICT, NATURAL DISASTERS AND OTHER

EXCEPTIONAL E
SHALL HAVE T!
CULTURAL PROP!

PROP ERTY OR
LIKEWISE
OR OTHERWISE

NTS THEREOF,

2 SUCH PROTECTION ORDER, AND DEPUTI
LL UPON ANY PUBLIC OFFICER OR PRIVATE PERSON, TO

“IN THE IMPLEMENTATION OF THE PROTECTION ORDER, SUCH OFFICER OR

PERSON SHALL BE ENTITLED TO SUCH PRIVILEGES AND IMMUNITI.

ACCORDED

UNDER EXISTING LAWS, AGREEMENTS, RULES AND REGULATIONS. NO OFFICER
OR PERSON PERFORMING ITS DUTIES UNDER THIS SECTION MAY BE DENIED
ACCESS TO THE PLACE OR PREMISES WHERE CULTURAL PROPERTY OR ITS

REMNANTS, FRAGMENTS OR RELICS MAY BE FOUND.”

“SEC. 31. POWER TO ISSUE RESTORATION OR REHABILITATION ORDER. - WHEN
A NATIONAL TREASURE OR IMPORTANT CULTURAL PROPERTY, NATIONAL
HISTORICAL LANDMARK, NATIONAL HISTORICAL SITE, WORLD HERITAGE SITE

AND NATIONAL HISTORICAL MONUMENT IS DAMAGED

OR DESTROYED, ITS

OWNER, CUSTODIAN, POSSESSOR, OR ANY INTERESTED PARTY SHALL PRESERVE
OR CAUSE ITS PRESERVATION, INCLUDING THE SITE ON WHICH ITS REMNANTS
ARE FOUND, AND UNDERTAKE SUCH NECESSARY MEASURES TO PREVENT ITS
FURTHER DESTRUCTION OR DISSIPATION, AND IMMEDIATELY INFORM THE

COMMISSION OF SUCH FACT.

“THE COMMISSION MAY, UPON PETITION OF AN INTERE
PROPRIO, IS
REHABILITATE
PROVIDED, THAT WHERE T

= DAMAGE OR

TO THE INTENTIONAL ACT OR GROSS NEGLECT OF ANY PARTY, 1
PRESERVATION, RESTORATION OR REHABILITATION SHALL BE
ULT WITHOUT PREJUDICE TO ANY OTHER

ACCOUNT OF SUCH PARTY AT.
LIABILITY ON THE PART O}

PARTY AT FAULT."

UE AFTER DUE NOTICE AND HEARING, AN ORDER TO RES
SUCH PROPERTY TO ITS ORIGINAL OR LAST KNOWN STATE:
ESTRUCTION IS FOUND TO BE DUE

TED PARTY OR MOTU
‘ORE OR

COST OF
FOR THE

SECTION 20. Article VII, Sections 27 and 28 are renumbered as Sections 32 and

respectively, and are hereby amended as follows:

"SEC. [27] 32. Visitorial Powers. - The COMMISSION AND/OR THE cultural
agencies concerned[, through the Commission,] are hereby given the power to
inspect national cultural treasures, important cultural properties, and national
historical landmarks, sites or monuments AND PRESUMED CULTURAL PROPERTY

at any time to ensure the protection and integrity of such.

217

They may also inspect


public or private collections or objects that may be categorized as cultural property:
Provided, That in the case of private collections or objects, the prior written consent
of the owner shall be obtained.”

“SEC, [28] 33. Power to Deputize Other Government Agencies, ~ xxx

“Failure to follow deputization order of the concerned cultural agency as well as
the Commission shall be penalized in accordance with Section {49] 56 herein.”

wou aurene

10 SECTION 21. Article VII, Section 29 of Republic Act No. 10066 is renumbered as Section 34.
i

12. SECTION 22. Article Vil, Section 30 is renumbered as Section 35 and is hereby amended as
13. follows:

14

15 [30] 35. Anthropological Research and Archaeological Exploration/
16 Excavation. - (a) The National Museum, with respect to cultural/archaeological/
17 anthropological matters, and the National Historical [Institute] COMMISSION OF
18 THE PHILIPPINES, with respect to historical anthropological matters, shall regulate
19 and control all anthropological research conducted by foreigners; and all
20 archaeological excavation or exploration, Pursuant to the foregoing, the National
21 Museum or the National Historical [Institute] COMMISSION OF THE PHILIPPINES
22 shall deputize other agencies to protect archaeological and anthropological sites. It
2B shall be guided by the following rules:

24

25 XXX

26

27 "2, No terrestrial and/or underwater archaeological explorations and
28 excavations for the purpose of obtaining materials and data of cultural value shall be
29 undertaken without THE written [authority] PERMIT [and direct site supervision
30 by] FROM THE COMMISSION, WHICH PERMIT SHALL ONLY BE ISSUED WITH THE
31 CONCURRENCE OF THE NATIONAL MUSEUM. — Afa}rchaeologists and/or
32 representatives of the National Museum SHALL HAVE DI 'E SUPERVISION
3 OVER ANY ARCHAEOLOGICAL EXPLORATION AND/OR EXCAVATION;

34

38 "3. All anthropological researches, for the purpose of obtaining materials and
36 data of cultural value and where the principal proponent is a foreign national, shall
37 be undertaken only with the authority and under the supervision of the National
38 Museum or the National Historical [Institute] COMMISSION OF THE PHILIPPINES.
39 Anthropological research by Philippine nationals, especially members of the
40 indigenous communities, shall be encouraged;

41

42 “4. Archaeological or anthropological materials presumed as important cultural
B property shall be allowed to leave the country only upon {proper evaluation and
44 written permission] WRITTEN EXPORT PERMIT ISSUED BY THE COMMISSION,
45 WHICH PERMIT SHALL ONLY BE ISSUED WITH THE CONCURRENCE of the National
46 Museum or the National Historical [Institute] COMMISSION OF THE PHILIPPINES;
47

48 XXX

49

50 “6. All mining activities inside caves, rock shelters and any such other areas

18+


1 shall require a written permit and clearance from the [National Museum]
2 COMMISSION. An appropriate prior inspection by representatives of the National
3 Museum, funded by the company applying for a mining right, shall be required to
4 hhat_no archaeological materials [are present and destroyed] WILL BE
5

ensu

AF ED BY ANY PROPOSED MINING OR MINING-RELATED ACTIVITY;
6
7 “7, Excavations in caves, rock shelters and other areas by laymen are prohibited
8 by this Act. All earth-moving activities in these areas must have the proper permit
9 and clearance from the [National Museum] COMMISSION, WITH THE
10 CONCURRENCE OF THE NATIONAL MUSEUM, and monitored by their

representatives;

"8. All treasure hunting permits and licenses shall be issued by the
COMMISSION, WITH THE CONCURRENCE OF THE National Museum[,]. THE
COMMISSION, TOGETHER WITH THE NATIONAL MUSEUM, shall formulate the rules
and regulations to adequately control, regulate and monitor all applicants for such
undertakings; and

XXX

“(b) When the presence of any cultural (or historical] property is discovered, the
{National Museum or the National Historical Institute] COMMISSION shall
immediately suspend all activities that will affect the site and shall immediately
notify the local government unit, CITY OR MUNICIPALITY having jurisdiction of the
place where the discovery was made. The local government shall promptly adopt
measures to protect and safeguard the integrity of the cultural property so
discovered and, within five (5) days from the discovery, shall report the same to the
appropriate agency. The suspension of these activities shalll be lifted only upon the
written authority of the COMMISSION, WITH THE CONCURRENCE OF THE National
Museum or the National Historical [Institute] COMMISSION OF THE PHILIPPINES,
and only after the systematic recovery of the archaeological materials

XXX

XXX

37 SECTION 23. New Sections 36, 37, 38 and 39 under Article VII are hereby inserted as
38 follows

39

40 36. - ANY PERSON, FIRM, OR CORPORATION,
41 INCLUDING ANY L ICE, BUREAU, A 'Y OR INSTRUMENTALITY
42 OF THE GOVERNMENT INTENDING TO CONSTRUCT, ALTER, REPAIR, REMOVE,
43 CONVERT OR DEMOLISH ANY BUILDING OR STRUCTURE, OR CAUSE THE SAME TO
44 BE DONE, SHALL OBTAIN A HERITAGE PERMIT FROM THE COMMISSION,
45 THROUGH ITS DEPUTIZED AGENTS; PROVIDED, THAT HERITAGE PERMITS FOR
46 CONSTRUCTIONS, ALTERATIONS, REPAIR, REMOVAL, CONVERSION OR
47 DEMOLITIONS AFFECTING CULTURAL PROPERTY REGISTERED IN THE
48 PHILIPPINE REGISTRY OF CULTURAL PROPERTY (PRECUP) SHALL BE OBTAINED
49 DIRECTLY FROM THE COMMISSION.

50

S18


I “NO BUILDING PERMIT SHALL BE ISSUED BY THE BUILDING OFFICIAL OF ANY
2 LOCAL GOVERNMENT UN

ESS A HERITAGE PERMIT IS OBTAINED BY THE
3 APPLICANT EOF.
4
5 “EXCEPT FOR HERITAGE PERMITS OBTAINED DIRECTLY FROM THE
6 COMMISSION, FEES FOR THE HERIT, PERMIT ISSUED BY THE DEPUTIZED
7 AGENTS OF THE COMMISSION SHALL BE INTEGRAT S FOR THE
8 BUILDING PERMIT.
9
10 ‘TRADITIONAL INDIGENOUS FAMILY DWELL! TION 1.01.04 (D)
MW OF R.A. 6541, OTHERWISE KNOWN AS THE BUILDING COL HE PHILIPPINES,
12 SHALL BE EXEMPTED FROM PAYMENT O} + HERITAG
13
\4 ‘SEC. 37. OTHER FEES AND CHARGES. - THE COMMISSION AND THE
15 CONCERNED CULTURAL AGENCY MAY CHARGE AND COLLECT FEES FOR
16 APPLICATIONS, REGISTRATION, AS WELL AS FOR LICEN: INSPECTION,
7 CERTIFICATIONS, AUTHORIZATIONS, CLEARANCES AND PERMITS THAT THEY
18 ISSUE AND UNDERTAKE IN CONNECTION WITH THE IMPLEMENTATION OF THIS
19 ACT.”
20
21 8. RETENTION OF FUNDS. - FUNDS GENERATED FROM THE HERITAGE
22 PERMIT, AND THE OTHER FEES AND CHARGES SHALL BE RETAINED BY THE
23 COMMISSION AND/OR THE CONCERNED CULTURAL AGENCY, AS THE CASE MAY
24 BE, TO AUGMENT THEIR BUDGETS FOR MAINTENANCE AND OTHER OPERATING
25 EXPENSES AND/OR CAPITAL OUTLAY: PROVIDED, THAT TWENTY FIVE PERCENT
26 (25%) OF THE FEES FOR THE HERITAGE PERMIT COLLECTED UNDER SECTION 36
27 HEREOF SHALL BE RETAINED BY THE LOCAL GOVERNMENT UNIT CONCERNED:
28 PROVIDED, FURTHER, THAT TWENTY FIVE PERCENT (25%) OF THE OTHER FEES
29 AND CHARGES COLLECTED UNDER SECTION 37 HEREOF SHALL BE ADDED TO THE
30 NATIONAL ENDOWMENT FOR CULTURE AND THE ARTS ESTABLISHED PURSUANT
31 TO SECTION 65 OF THIS ACT.”
32
33 "SEC. 39. POWER TO PROMULGATE RULES ON PLEADING AND PRACTICE. ~ THE
34 COMMISSION AND THE CULTURAL AGENCIES SHALL FORMULATE UNIFORM
35 RULES ON PLEADING AND PRACTICE TO GOVERN THEIR RESPECTIVE
36 PROCEEDINGS.”
37

38 SECTION 24, The heading of Article VIII is hereby amended and Sections 31 and 32 of
39 — Republic Act No. 10066 are renumbered as Sections 40 and 41, respectively, and are hereby
40 amended as follows:

41

42 ARTICLE VIII

43 ‘THE COMMISSION AND THE [ROLE OF] CULTURAL AGENCIES

44

45 [31] 40. Responsibilities of THE COMMISSION AND THE Cultural Agencies
46 (for Designation of] WITH RESPECT TO Cultural Property. - The COMMISSION AND
47 cultural agencies, in conformity with their respective charters and mandates, shall
48 define and delineate their respective areas of responsibility with respect to cultural
49 property and assessment of national cultural treasures and national historical

e20%


Cer daweene

10
MW

12
13

14
15
16
17
18
19
20
21

22
23
24
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4

42
43
44
45
46
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landmarks, sites or monuments. These areas shall be subject to periodic re-
assessment whenever necessary.

“Por purposes of this Act, the [following shall be the responsibilities of cultural
agencies in the categorization of cultural property) COMMISSION AND CULTURAL
AGENCIES SHALL ASSUME THE POWERS GRAN’ AND DUTIES IMPOSED
HEREIN, WITH RESPECT TO THE FOLLOWING:

“(a) The Cultural Center of the Philippines, [shall be responsible for significant
cultural property] IN MATTERS pertaining to the performing arts;

“(b) ‘The National Archives of the Philippines, [shall be responsible for
significant] IN MATTERS PERTAINING TO archival materials;

"(¢) The National Library OF THE PHILIPPINES, [shall be responsible for] IN
MATTERS PERTAINING TO rare and significant contemporary [Philippine] books,
manuscripts such as, but not limited to, presidential papers, periodicals,
newspapers, singly or in collection, and libraries and electronic records;

“(d) The National Historical [Institute] COMMISSION OF THE PHILIPPINES,
[shall be responsible for significant] IN MATTERS PERTAINING TO movable and
immovable cultural property that pertains to Philippine history, heroes and the
conservation of historical artifacts;

“(e) The National Museum [shall be responsible for significant movable and
immovable cultural and natural property] IN MATTERS pertaining to collections of
fine arts, archaeology, anthropology, botany, geology, zoology and astronomy,
including its conservation aspect; and

“(f) The Komisyon sa Wikang Filipino [shall be responsible for] IN MATTERS
AFFECTING the dissemination, development, and the promotion of the Filipino
national language and the conservation of ethnic languages{.J; AND

“(G) THE COMMISSION, IN MATTERS RELATING TO: WORKS OF A MANLILIKHA
NG BAYAN AND A NATIONAL ARTIST; WORLD HERITAGE SITES; CULTURAL
LANDSCAPES; AND SUCH OTHER MATTERS NOT WITHIN THE AREA OF

RESPONSIBILITY OF THE CULTURAL AGENCIES ABOVE.

“WHERE THERE EXISTS CONFLICT IN THE DECISIONS OF THE COMMISSION
AND/OR THE CULTURAL AGENCIES ON MATTERS FALLING UNDER THEIR
CONCURRENT JURISDICTION, THE SAME SHALL BE RESOLVED BY THE NCCA
BOARD OF COMMISSIONERS, WHICH DECISION SHALL BE BINDING UPON ALL.”

"SEC. [32] 41. Institutional Linkages of the National Cultural Agencies, - The
cultural agencies and other national government agencies, as listed below, shall
consult, coordinate and work closely with the Commission in the implementation of
their respective programs/projects in the context of this Act. Furthermore, the
Commission may link up with other agencies and institutions, as it may deem
appropriate, as a way of dealing with conservation in a holistic manner:

oot


eran nun—

40

49

XXX

“(B) THE ION ON HIGHER EDUCATION, WHICH SHALL BE
RESPONSIBLE IN INSTITUTING THE GOVERNANCE OF HIGHER EDUCATION;

"(C) {(b)] The Intramuros Administration, which shall be responsible for the
restoration and administration of the development in Intramuros;

“(D) {(c)] ‘The National Parks Development Committee, as an attached agency of
the Department of Tourism, which shall be responsible in supervising the
development (beautification, preservation and maintenance) of the [Quezon
Memorial, Fort Santiago,|luneta, Paco Park, Pook ni Marla Makiling and other
national parks and satellite projects;

“(E) ((@)] The Department of Education, which shall be responsible in instituting
the governance of basic education (a]AAct, and the conservation and restoration of its
built heritage such as the significant Gabaldon school buildings as determined by the
National Historical [Institute]COMMISSION OF THE PHILIPPINES;

“(F) {(@)] The Department of Public Works and Highways, which shall be
responsible in undertaking major infrastructure projects specifically in the planning,
design, construction, and maintenance of national roads and bridges as they impact
on heritage structures or aspects of heritage conservation;

“(G) [(D] The National Commission on Indigenous Peoples, in behalf of the
country's indigenous cultural communities, which shall coordinate with the national
agencies on matters pertaining to cultural properties under its jurisdiction;

“(H) {(g)]_ The Department of Environment and Natural Resources, which shall
be responsible for the establishment and management of the National Integrated
Protected Areas System and the conservation of wildlife resources, including cave
and cave resources and which shall coordinate with the National Commission on
Indigenous Peoples, the conservation of natural resources that are cultural
sanctuaries of indigenous peoples;

“(1) ((h)]_ The Department of the Interior and Local Government, which shall
coordinate with the national cultural agencies on matters pertaining to cultural
properties under its jurisdiction, and ensure that the provisions of this Act is
properly executed by the local government unit;

"Q) (@]_ The [Office on Muslim Affairs] COMMISSION ON MUSLIM FILIPINOS,
which shall coordinate with the national cultural agencies on matters pertaining to
cultural properties under its jurisdiction;

“(K) (G)]_ The UNESCO National Commission of the Philippines, which shall be
responsible for providing the liaison between the cultural agencies of the
Philippines and the UNESCO as well as assist the national cultural agencies in
implementing the agreements and conventions adopted by the UNESCO of which the
Philippines has ratified or is in the process of ratification;

22%=


“(L) ((k)] The Housing and Land Use Regulatory Board, which shall coordinate
with the local government units and the Commission on matters pertaining to the

1

2

3 establishment and maintenance of heritage zones;

4

5 “(M) [()] The Autonomous Region in Muslim Mindanao and the Cordillera
6 Administrative Region, which shall coordinate with the national cultural agencies on
7 matters pertaining to cultural properties under their respective jurisdictions; and

8

9 “(N) [(m)] ‘The PHILIPPINE COMMISSION ON TRANSNATIONAL CRIMES AND
10 THE Office of the Special Envoy on Transnational Crimes, which shall have the

uN oversight and operational capacity to go after illicitly trafficked and stolen cultural
12 treasures,”

14 SECTION 25. New Sections 42, 43, 44 and 45 under Article VIII are hereby inserted as

15 follows:

16

7 "SEC, 42. CREATION OF THE NCCA CONSERVATION DIVISION. - THE

18 CONSERVATION DIVISION IS HEREBY CREATED TO PERFORM THE FOLLOWING

19 FUNCTIONS:

20

21 “1, ACT AS THE NATIONAL CLEARING HOUSE FOR CONSERVATION PROGRAMS,

22 PROJECTS AND ACTIVITIES, AND FOR THIS PURPOSE:

24 “1.1 SET AND APPROVE STANDARDS FOR HERITAGE CONSERVATION;

25 "1.2 CREATE, APPROVE, CONTROL AND SUPERVISE CONSERVATION
PROJECTS OR ACTIVITIES, WHETHER UNDERTAKEN BY A PUBLIC OR PRIVATE
ENTIT

.3. DIRECT, ASSIGN OR OTHERWISE DESIGNATE CULTURAL AGENCIES
TO, OR BY ITSELF OR IN COORDINATION WITH A CULTURAL AGENCY,
UNDERTAKE A CONSERVATION PROJECT OR ACTIVITY;

VICES RELATED TO THE
HILIPPINES;

“2, PROVIDE TECHNICAL, ADVISORY AND OTHER SE!
COMPREHENSIVE CULTURAL HERITAGE MAPPING OF THE,

“3, ADMINISTER, MAINTAIN AND KEEP THE PHILIPPINE REGISTRY OF
CULTURAL PROPERTY;

HE PUBLIC AND BUILD AWARENESS ON CULTURAL HERITAGE;

,ATIONS AND NETWORKS WITH RESEARCH AND
AS WELL AS LOCAL AND INTERNATIONAL
AND

STABLISH WORKING
ELOPMENT INSTITUTIONS
HERITAGE PROFESSIONAL GROUPS

“6, PERFORM SUCH OTHER DUTIES AND FUNCTIONS AS MAY BE DETERMINED

BY THE BOARD OF COMMISSIONERS.

“SEC. 43. STRUCTURE, STAFFING AND QUALIFICATIONS OF OFFICERS. ~ THE
LEGAL AFFAIRS OFFICE AND CONSERVATION DIVISION SHALL BE ORGANIC
COMPONENTS OF THE COMMISSION, UNDER THE CONTROL OF THE BOARD. FOR
ADMINISTRATIVE AND OPERATIONAL EFFICIENCY, THEY SHALL BE UNDER THE

ways



SUPERVISION OF THE EXECUTIVE DIRECTOR.

LEGAL AFFAIRS OFFICE SHALL BE HEADED BY A DEPUTY EXECUTIVE
‘OR WITH THE FOLLOWING QUALIFICATIONS:

"1, ATLEAST THI
FOR AT LEAST
PRACTICE OF LAW IN THE PHILIPPIN
PHILIPPINES REQUIRING ADMISS|

"3, OF GOOD MORAL CHARA

'Y FIVE YEARS OF AGE;

(10) YEARS, MUST HAVE BEEN ENGAG
OR HAS HELD PUBLIC OFFI
DF LAW; AND

“A BANTAY PAMANA UNIT SHALL BE CREATED UNDER THE LEGAL AFFAIRS
‘0 SERVE AND EXECUTE
HE COMMISSION AND THE CULTURAL AGENCIES, AND ENFORC!
PROVISIONS OF THIS ACT AND CULTURAL HERITAGE LAWS. THE UNIT SHALL
COMPRISE OF EXISTING OFFICERS AND EMPLOYEES OF THE COMMISSION AND
THE CULTURAL AGENCIES, DEPUTIZED LAW ENFORCEMENT OFFICERS AND

VOLUNTEERS.”

“SEC. 44, CREATION OF THE NCCA LEGAL AFFAIRS OFFICE, - THE LEGAL
AFFAIRS OFFICE IS HEREBY CREATED TO ASSIST THE COMMISSION IN THE
PERFORMANCE OF ITS MANDATE. THE OFFICE SHALL PERFORM THE
FOLLOWING FUNCTIONS:

“1, PROVIDE LEGAL OPINION AND ADVICE TO THE BOARD OF
COMMISSIONERS AND THE SECRETARIAT;

“2, INVESTIGATE AND PROSECUTE VIOLATIONS OF THIS ACT, AND OF OTHER
LAWS ON CULTURAL HERITAG

ASSIST IN E
CULTURAL PROPER

ORTS FOR THE REPATRIATION AND RECOVERY OF

“4, HEAR AND DECIDE APPLICATIONS FOR LICENSES, LISTING, DELISTING
AND EXEMPTIONS, LIFTING OF ORDERS AND OTHER CASES PROVIDED FOR
UNDER THIS ACT AND IN OTHER LAWS ON CULTURAL HERITAGE;

THE REGISTRY OF LICENCES AND
! AND OTHER LAWS ON CULTURAL

ADMINISTER, MAINTAIN AND Ki
PERMITS ISSUED PURSUANT TO THIS At
HERITAGE;

“6. MAINTAIN RE! RS OF ASSIGNMENT
OTHER TRANSACTIONS INVOLVING CULTURAL PROPERT

TRANSFERS, CONVEYANCES AND.
ND

“7, PERFORM SUCH OTHER DUTIES AND FUNCTIONS AS MAY BE DETERMINED
BY THE BOARD OF COMMISSIONERS.

“UNLESS EXPRESSLY WITHDRAWN BY THE OFFICE OF THE SOLICITOR
GENERAL (OSG), AN OFFICER OF THE LEGAL AFFAIRS DIVISION SHALL BE
DEEMED DEPUTIZED TO PERFORM PROSECUTORIAL FUNCTIONS,"

ood


EC. 45, OTHER OFFICES, - THE COMMISSION MAY CREATE OTHER OFFICES AS
THE EXIGENCIES OF SERVICE DEMAND. THE ORGANIZATIONAL STRUCTURE AND
STAFFING PATTERN OF THE LEGAL AFFAIRS OFFICE, THE CONSERVATION
DIVISION, THE BANTAY PAMANA UNIT, AND OTHER OFFICES CREATED BY THE
COMMISSION SHALL BE ESTABLISHED IN COORDINATION WITH THE
DEPARTMENT OF BUDGET AND MANAGEMENT (DBM) AND IN ACCORDANCE
WITH THE CIVIL SERVICE COMMISSION (CSC) LAWS, RULES AND REGULATIONS.”

SECTION 26. Article VIII, Sections 33 and 34 of Republic Act No. 10066 are renumbered as

Sections 46 and 47, respectively.

SECTION 27. Article IX, Section 35 of Republic Act No. 10066 is renumbered as Section 48

and is hereby amended as follows:

“SEC. [35] 48. Tax Exemption on Donations. - All donations in any form to the
Commission and its affiliated cultural agencies shall be exempt from the donor's tax
and the same shall be considered as allowable deduction from the gross income in
the computation of the income tax of the donor, in accordance with the provisions of
the National Internal Revenue Code of 1997, as amended.

“DONATIONS TO PRIVATE PROPERTY OWNERS FOR THE PRESERVATION
AND/OR CONSERVATION OF REGISTERED CULTURAL PROPERTY SHALL LIKEWISE
BE ACCORDED THE PRIVILEGES PROVIDED IN THIS SECTION: PROVIDED THAT
THE DONATION HAS THE PRIOR APPROVAL OF THE COMMISSION.

SECTION 28. Article IX, Sections 36 and 37 of Republic Act No. 10066 are renumbered as

Sections 49 and 50.

SECTION 29. Article X, Section 38 of Republic Act No. 10066 is renumbered as Section 51.

SECTION 30. Article X, Section 39 and 40 of Republic Act No. 10066 are renumbered as

Sections 52 and 53 and are hereby amended as follows:

“SEC, [39] 52. Cultural Heritage Education Program. - Within one (1) year from
the effectivity of this Act, the Department of Education, the Technical Education and
Skills Development Authority and the Commission on Higher Education, in
consultation with the Commission, shall set forth in its teaching programs
nationwide the following cultural heritage education programs with emphasis at the
provincial, city and municipal levels:

XXX

“(b) Instructional materials in print, film and broadcast media on the cultural
and historical significance of cultural properties; [and]

“(C) INDIGENOUS KNOWLEDGE SYSTEMS, SKILLS AND PRACTICES (IKSSP)

THROUGH THE APPROPRIATE “SCHOOLS OF LIVING TRADITIONS (SLTS)”
MODELS; AND

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“(D) {(©] Visitation, public accessibility and information dissemination on
designated local cultural properties.”

“SEC. [40] 53. Public Accessibility. - Access to {national historical landmarks,
monuments and sites, whether designated as national cultural treasures or
important cultural property] IMMOVABLE CULTURAL PROPERTY THAT BELONG
TO CATEGORIES I AND I! by the general public for visitation and information, and
by government representatives for inspection, shall not be hindered except on
reasonable cause. Fees, as prescribed by the cultural agency concerned, may in
appropriate cases be charged to defray the cost of conservation, inclusive of general
maintenance and upkeep. In the case of privately-owned monuments and sites, the
National Historical [Institute] COMMISSION OF THE PHILIPPINES or the National
Museum shall arrange with the owners the schedules of visits and regular
inspection.”

SECTION 31. Article XI, Section 41 of Republic Act No. 10066 is renumbered as Section 54,

SECTION 32. Article XII, Section 42, of Republic Act No, 10066 is renumbered as Section 55.

SECTION 33. A new Section 56 under Article XII is hereby inserted as follows:

SEC. 56. THE SENTRO RIZAL SECRETARIAT. —- THE SENTRO RIZAL SHALL
BE UNDER THE OFFICE OF THE NCCA CHAIRPERSON WHO SHALL SET ITS
STAFFING AND, WITH DUE CON‘ TATION WITH THE NCCA BOARD, SET
ITS BUDGET IN THE ANNUAL GENERAL APPROPRIATIONS ACT.

SECTION 34. Article XII, Sections 43, 44, 45, 46 and 47 of Republic Act No. 10066 are

renumbered as Sections 57, 58, 59, 60 and 61, respectively.

SECTION 35. Article XIII, Sections 48 and 49 of Republic Act No. 10066 are renumbered as

Sections 62 and 63, respectively, and are hereby amended as follows:

“SEC. [48] 62. Prohibited Acts. - To the extent that the offense is not punishable
by a higher punishment under another provision of law, violations of this Act may
be made by whoever [intentionally]:

XXX

“() Mlicitly exports cultural property listed in the Philippine Registry of Cultural
Property or those that may be categorized as such upon visitation or incorrectly
declares the same during transit; [and]

“(g) Deals in cultural property without proper registration and license issued by
the cultural agency concerned;[.] AND

“(H) FAILS WITHOUT JUST CAUSE TO FOLLOW ANY DECISION, RULING, OR
ORDER,OR VIOLATES THE CONDITIONS OR TERMS OF ANY LICENSE, PERMIT OR
AUTHORIZATION,ISSUED BY THECOMMISSION AND/OR THE CONCERNED
CULTURAL AGENCY,SHALL BE PENALIZED IN ACCORDANCE WITH SECTION 49
HEREIN.”

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“SEC. [49] 63. Penal Provisions. - Upon conviction, the offender shall be subject to
a fine of [not less than Two hundred thousand pesos (P200,000.00) or
imprisonment for a term of not less than ten (10)] AT LEAST TRIPLE THE VALUE OF
THE CULTURAL PROPERTY OR AN IMPRISONMENT FROM ONE (1) YEAR BUT NOT
MORE THAN SIX (6) years, or both, upon the discretion of the Court: PROVIDED,
THAT THE COURT SHALL CONSIDER THE CATEGORY AND THE VALUE OF THE
CULTURAL PROPERTY INVOLVED THE IMPOSITION OF THE PENALTY: Provided,
FURTHER, That any cultural property attempted to be concealed from registration
or those intended to be encumbered or excavated in violation of this Act shall be
summarily confiscated and forfeited in favor of the Commission: Provided, further,
‘That if the violation is committed by a juridical person, the president, manager,
representative, director, agent or employee of the said juridical person responsible
for the act shall also be liable for the penalties provided herein: Provided,
further{more], That if the acts are committed by dealers, (they shall suffer, in
addition to the penalties provided herein, the automatic revocation of their license
to operate] HOLDERS OF ANY LICENSE, PERMIT, OR AUTHORIZATION, THEIR
LICENSE, PERMIT OR AUTHORIZATION SHALL BE DEEMED AUTOMATICALLY
REVOKED: Provided, FURTHER (finally), That if the offender is an alien, he/she shall
be placed under the custody of the Bureau of Immigration for the appropriate
proceedings under this Act and shall be summarily deported after serving his/her
sentence[.]: PROVIDED, FINALLY, THAT IF THE CULTURAL PROPERTY AFFECTED
REQUIRES REHABILITATION OR RESTORATION AS DETERMINED BY THE COURT,
THE OFFENDER SHALL BE REQUIRED, IN LIEU OF THE PAYMENT OF FINE, TO
RESTORE OR COMPENSATE FOR THE RESTORATION OF THE DAMAGE WHICH
SHALL ACCRUE TO NATIONAL ENDOWMENT FOR CULTURE AND THE ARTS
(NECA).

“VALUATION OF THE DAMAGE FOR THIS ACT SHALL TAKE INTO ACCOUNT THE
HISTORICAL, CULTURAL, AND AESTHETIC VALUE OF THE CULTURAL PROPERTY
INVOLVED. VALUATION ASSESSED BY THE COMMISSION IN COORDINATION WITH
THE OTHER CULTURAL AGENCIES AND CONCERNED
GOVERNMENT AGENCIES SHALL BE PRESUMED CORRECT UNLESS OTHERWISE
PROVEN BY PREPONDERANCE OF EVIDENCE.

“ANY PERSON WHO SHALL INDUCE ANOTHER OR CONSPIRE TO COMMIT ANY
OF THE ILLEGAL ACTS PROHIBITED IN THIS ACT OR SUFFER THEIR WORKERS TO
COMMIT ANY OF THE SAME SHALL BE LIABLE IN THE SAME MANNER AS THE ONE
ACTUALLY PERFORMING THE ACT.

“UPON APPREHENSION, ALL CONVEYANCES, VESSELS, EQUIPMENT,
PARAPHERNALIA, IMPLEMENTS, GEARS, TOOLS AND SIMILAR DEVICES SHALL BE
SUBJECT TO IMMEDIATE AND ADMINISTRATIVE CONFISCATION, INDEPENDENT
OF THE JUDICIAL PROCEEDINGS, SUBJECT HOWEVER TO DUE PROCESS AND
SUBSTANTIAL EVIDENCE REQUIREMENTS. WHEN LEGAL ACTION IS HOWEVER
FILED IN THE REGULAR COURTS, THE SAID CONVEYANCES, VESSELS,
EQUIPMENTS, PARAPHERNALIA, IMPLEMENTS, GEARS, TOOLS AND SIMILAR
DEVICES, INDEPENDENT OF THE ADMINISTRATIVE PROCEEDINGS, SHALL NOT BE
RELEASED UNTIL AFTER JUDGMENT HAS BEEN RENDERED. PROCEEDS OF THE
SALE OF ALL OBJECTS ADMINISTRATIVELY OR JUDICIALLY CONFISCATED

97 =


1 PURSUANT HERETO SHALL ACCRUE TO THENATIONAL ENDOWMENT FOR
2 CULTURE AND THE ARTS (NECA). THE PROCEDURE FOR THE SALE THEREOF
3 SHALL BE PROMULGATED BY THE COMMISSION. HOWEVER, IN NO CASE SHALL
4
5

ANY CONFISCATED OR RECOVERED PROTECTED CULTURAL PROPERTY BE SOLD
OR IN ANY MANNER DIS OF BUT SHALL BE IMMEDIATELY TURNED OVER

0!

6 ‘TO THE LEGAL AFFAIRS OF SUBJECT TO EXISTING REGULATIONS,
7

8 Xxx

ry

10 XXX

ul

12 “The concerned head of agency, officer and/or employee of the government
B entities [mentioned in Section 31] shall be held liable for failure to consult and
14 coordinate with the Commission for the damage to the cultural property resulting
1s from the implementation of the entity's program/project, and shall be meted the
16 penalty mentioned in the first paragraph of this section, AS APPLICABLE: Provided,
17 ‘That the offender/s shall likewise be asked to pay for the repair or rebuilding of
18 what has been damaged,”

19

20 SECTION 36. Anew Section 64 under Article XIII is hereby inserted as follows:
21

22 "SEC. 64. TURNOVER OF FINES. - FINES COLLECTED UNDER THIS ARTICLE AND
23 CIVIL DAMAGES REALIZED FROM THE PROSECUTIONS UNDER THIS ACT SHALL BE
24 TURNED OVER ANNUALLY TO THE COMMISSION TO AUGMENT ITS BUDGET FOR
25 MAINTENANCE AND OTHER OPERATING EXPENSES AND CAPITAL OUTLAY.”

26

27. SECTION 37. Article XIV, Section 50 of Republic Act No. 10066 is hereby renumbered as
28 Section 65 and is hereby amended as follows:

29
30 "SEC. [50] 65. National Endowment for Culture and the Arts, - The sum of Five
31 hundred million pesos (P500,000,000.00) shall be contributed by the Philippine
32 Amusement and Gaming Corporation (PAGCOR) [and/or General Appropriations] at
33 the minimum rate of One hundred million pesos (P100,000,000.00) per year for five
34 (5) years towards the establishment of a National Endowment for Culture and the
35 Arts, Said amount shall be kept separate and deposited in a special account in the
36 Bureau of Treasury specifically earmarked {for culture and the arts] TO FINANCE
a7. CONSERVATION PROGRAMS AND RESTORATION ACTIVITIES.”

38

39 SECTION 38. Anew Section 66 under Article XIV is hereby inserted as follows:
40
4)

‘SEC. 66. APPROPRIATIONS. - THE AMOUNT NECESSARY TO CARRY OUT THE

42 IMPLEMENTATION OF THIS ACT IS HEREBY AUTHORIZED TO BE APPROPRIATED.
43 IN THE ANNUAL BUDGET OF THE COMMISSION IN THE GE AL
44 APPROPRIATIONS ACT OF THE YEARS FOLLOWING ITS ENACTMENT INTO LAW.
45

46 “THE AMOUNT NECESSARY FOR THE OPERATIONS OF THE SENTRO RIZAL
47 SHALL BE INCLUDED IN THE ANNUAL BUDGET OF THE NCCA TO BE
48 APPROPRIATED IN ITS ANNUAL GENERAL APPROPRIATIONS ACT.”

49
50

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CHAPTER 3
FINAL PROVISIONS

SECTION 39. Implementing Rules and Regulations. - Within one hundred twenty (120) days
from the approval of this Act, the Commission, in consultation with other government
agencies mentioned in this Act, shall formulate the rules and regulations implementing the
provisions of this Act. The implementing rules and regulations issued pursuant to this
section shall take effect thirty (30) days after its publication in two (2) national newspapers
of general circulation.

SECTION 40. Repealing Clause. - Sec 12, 16 and 17 of R.A. No. 4846, or the “Cultural
Properties Preservation and Protection Act,” as amended by Presidential Decree No. 374;
pertinent provisions of Republic Act No. 7356, or the “Law Creating the National
Commission for Culture and the Arts”; and Republic Act No. 8492, or the "National Museum
Act of 1998", are hereby amended.

All other laws, Executive Orders, Presidential Decrees and rules and regulations inconsistent
with the provisions of this Act are likewise repealed or amended accordingly.

SECTION 41. Separability. - Clause. If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and effect.

SECTION 42, Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,

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