FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 I , , ,  - ,  
First Regular Session 
y 
>!<L 
Senate Bill No. 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
On the remains of Raja Soliman’s town, the Spaniards founded a city in 
1971 and enclosed it with thick stone walls and a moat. This walled city has been 
known as Intramuros. Originally a protective enclosure for Spaniards, nineteenth- 
century lntramuros became the home of many wealthy, native Filipinos. With its 
many ancient churches, schools and palaces, lntramuros was the heart of the 
archipelago until World War I I  when the American artillery and Japanese 
grenades destroyed these historic walls. 
In Tutuban, the Railway Station remains an Industrial-Age landmark in 
Tondo, Manila as it is one of the few remaining examples of “semi-Victorian 
Neoclassical” architecture of the 1880’s. 
The Manila Hotel, built by American William E. Parsons in 1912, is the 
most historic hotel in the country-the scene of the lavish events of Filipino society 
and the Commonwealth government, until it was almost fully destroyed during 
World War II. In 1975, Architect Leandro Locsin restored and extended the hotel, 
respecting the architecture of the hotel’s historical past, while expressing the 
values of modern Filipinos. 
In 1939, American architect Welton Becket designed and built the old Jai 
Alai building, located along Taft Avenue in Manila. It was one of the oldest 
Philippine structures which embody national patrimony and stood as an important 
example of our heritage that characterizes art deco architecture, a style of the 
thirties. 
The lntramuros Tutuban Railway Station, Manila Hotel, the old Jai Alai 
Building, as well as the Metropolitan Theater and Rizal Park in Manila, form 
significant portions of our heritage and represents elements of the nation’s 
cultural, social, economic, and political history. 
Over the years, however, many of these significant sites and structures 
have disappeared under the wrecker’s ball. The old Jai Alai building was torn 
down to give way to the construction of the new Hall of Justice. Rizal Park, a 
place devoted in honor of our National Hero, the great Dr. Jose Rizal, is now 
under the threat of commercialization with the establishment of fast food chains 
and restaurants. 
Essentially, buildings, districts, cultural landscapes and built heritage are 
in danger of being destroyed by the ravages of time, unhampered urban 


development and other factors of modern living. Development projects are being 
undertaken without the historical value of the places. 
Hence this bill. This proposed measure seeks to conserve, promote and 
popularize the nation’s historical and cultural heritage and resources, as well as 
artistic creations. This bill seeks to establish the National Landmarks Council 
which shall undertake initiatives that would preserve built heritage as part of our 
tangible culture for the enjoyment of future generations and to foster pride in 
Filipino artistry and ingenuity. 
There are still many places in the country which should be remembered of 
their historical, natural, and cultural significance. Yet there are no landmarks that 
will remind and educate the people of their importance. Thus, the bill mandates 
the Council to cause an appropriate marker to be attached to the structure of 
work proclaiming its significance. 
Sites, structures, properties andlor landscapes, whether natural or 
manmade shall be declared as “national landmark by the Council pursuant to 
procedures prescribed herein, that are worthy of rehabilitation, restoration and 
preservation because of their historic, cultural and architectural significance to 
Philippine society. An Endowment Fund shall be created for the sole purpose of 
conserving, restoring, preserving, and protecting these national landmarks. 
We have witnessed the demolition and destruction of so much of our 
heritage and historic districts through wars and calamities and mostly by human 
hands and apathy. And believing that the preservation and conservation of built 
heritage creates awareness and pride in Philippine culture and history essential 
to the strengthening of the national identity, there is an urgent need for legislation 
which would protect our country’s historic and landmark buildings, district and 
sites. 
In view of the foregoing, the immediate consideration and approval of this 
proposed measure is earnestly sought. 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 478 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR THE PROTECTION, PRESERVATION AND RESTORATION 
OF NATIONAL LANDMARKS, ESTABLISHING THE NATIONAL LANDMARKS 
COUNCIL FOR THE PURPOSE, PROVIDING FUNDS THEREFOR, AND FOR 
OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. This Act shall be known as the "National 
Landmarks Conservation Act of 2007." 
SEC. 2. Declarafion of Principle. - It shall be the policy of the state to 
conserve, promote, and popularize the nation's historical and cultural heritage 
and resources, as well as artistic creations. All the country's artistic and historic 
wealth constitute the cultural treasure of the nation and shall be under the 
protection of the State which may regulate its disposition. Pursuant to the 
mandate of the Constitution the State shall hereby undertake endeavors that 
embody that various facets of Philippine culture. 
SEC. 3. Definition of Terms. - For the purposes of this law, the following 
terms are defined: 
1. Architectural Sty/e is the mode of the landmark which distinguishes 
the same from designs and craftsmanship of other periods, types, 
methods of construction, such as the use of indigenous materials; 
2. Cultural Significance is the extreme beauty , unique location or 
singular physical characteristics which makes the same recognized as 
a national icon; 
3. Historical lmportance is the attribute of a landmark which makes the 
same as significant part of the national or local history, as may be 
determined by the National Historical Institute, or as independently 
declared by the Council as mandated under this Act; 
4. National Landmark are sites, structures, properties, and landscapes, 
whether natural or manmade, designated as such by national 
legislation pursuant to procedures prescribed herein, that are worthy of 
rehabilitation, restoration, and preservation because of their historic, 
cultural and architectural significance to Philippine society; 


5. Technological, engineering or construction expertise is the 
attribute of the landmark which embodies the highest technology or 
craftsmanship of an era; and 
6. Utilitarian structure is the unique framework for which the landmark is 
known, such as but not limited to farmhouses or other vernacular 
architecture, gas stations, stadia, warehouses, commercial structures, 
lighthouses, and other structures with a high level or architectural 
significance. 
SEC. 4. National Landmarks Coupcil. - The National Landmarks Council, 
is hereby created to establish and implement policies for the protection, 
preservation, conservation, recognition and identification of significant landmarks. 
The Council shall be mandated to act as the lead agency in the development of 
such landmarks, in cooperation with concerned government and non-government 
agencies. 
SEC. 5. Composition of the Council. - The Council shall be composed of 
a. The Secretary of the Department of Tourism, in his ex-officio capacity 
as Chairman of the Council; 
b. The Chairman of the National Commission for Culture and the Arts 
(NCAA), in his ex-officio capacity as Vice Chair; 
c. The Chairman of the National Historical Institute (NHI), in his ex-officio 
capacity as Secretary; 
d. The Secretary of the Department of Interior and Local Government 
(DILG), in his ex-officio capacity as member; 
e. The Executive Director of the National Museum, in his ex-officio 
capacity as member; 
f. The Executive Director of the Council, who shall be appointed under 
this Act as member; 
g. The Chairman of the Commission for Cultural Heritage of the United 
Nations Educational Scientific Cultural Organization (UNESCO), as 
member; and 
h. Four (4) members from the private sector who shall be appointed by 
the President form any of the various concerned non-government 
organizations, including professional associations. 
the following members who shall hold the corresponding positions: 
The non ex-officio members of the Council shall serve their term for six (6) 
years and shall receive per diem for actual attendance in the meetings of the 
Council, subject to pertinent government rules on accounting, auditing, and to 
rates in accordance with existing laws. 
SEC. 6. Powers and Functions of the Council. The Council shall have the 
following powers and functions: 
(a) Establish a Secretariat under the Executive Director for the 
implementation of policies and administrative operations; 


(b) Set up a system of networking, coordination and nation-wide 
implementation of preservation, conservation, restoration of landmarks 
and other policies through the respective local government units, in 
coordination with private sector organizations; 
(c) Generate resources from both private and government agencies, both 
international and local, for its operations as well as for the National 
Landmarks Endowment Fund, as hereby created and herein after 
referred as the Endowment Fund; 
(d) Serve as the conduit for all international government funding for the 
protection, conservation and restoration of national landmarks; 
Provided, that, pertinent rules and regulations shall be issued by the 
Council for administration of all funding including the Endowment 
Fund; 
(e) Administer the Endowment Fund and give grants for the protection, 
preservation, conservation, reconstruction and restoration of national 
landmarks; 
(9 Establish and maintain the National Landmark Register, as hereby 
created under this Act, administer and oversee the listing of sites 
therein, as well as conduct public consultations to determine which 
sites, places, cultural landscapes or other such built heritage shall be 
included herein; Provided, that, the Council shall promulgate the 
necessary rules and regulations pursuant to the selection of listings in 
the Register; 
(9) Monitor and ensure the enforcement of laws, rules and regulations in 
the 
protection, 
preservation, 
conservation, 
reconstruction and 
restoration of listed sites; 
(h)Advise the President on all matters relating to built heritage, and 
coordinate with the national and local governments in relation to 
government utilization of such sites and structures; 
(i) Maintain national and international institutional linkages; 
(j) Review and propose protective zoning and assist in the creation of 
special zoning laws and ordinances to appropriate authorities in 
relations to built heritage; 
(k) Set and promote national standards for restoration, conservation and 
reconstruction work; Provided, that, all such undertakings, be it by the 
national or local government, shall be subjected to these standards; 
(I) Educate the public and create greater awareness on built heritage, and 
pursuant to this shall undertake to provide the Department of 
Education (DepEd) and the NCAA with copies of the Register and 
other important data on built heritage; 
(m)Promulgate rules, regulations, and undertake any and all measures 
necessary to implement this Act. 
In addition to aforementioned duties, each ex-officio member of the 
Council shall ensure the coordination and cooperation of his or her respective 
agency in the implementation of the Council's established policies. 
SEC. 7. The Secretariat and the Executive Director. Within one hundred 
twenty (120) days from the approval of this Act, the Council shall organize a 
Secretariat to be headed by an Executive Director, who must be either an 


architect, engineer or member of the Integrated Bar of the Philippines, and must 
have at least ten (IO) years experience in his chosen profession. Furthermore, 
the Executive Director must possess utmost integrity and good moral character. 
He shall be appointed by the President, provided, that the President shall take 
into consideration the recommendations of the private sector representative of 
the Council. 
SEC. 8. National Landmarks Endowment Fund. The National Landmarks 
Endowment Fund is hereby established exclusively for the purpose of 
conservation, restoration, preservation, reconstruction and protection of national 
landmarks, and all activities pursuant thereto: 
The Endowment Fund shall be sources from the following: 
1) The amount of two hundred fifty million pesos (P250,000,000.00) as 
seed capital shall be taken from the Philippine Amusement and 
Gaming Corporation (PAGCOR), at the rate of ten million pesos a 
month for twenty- five (25) months; Provided, that no grant shall be 
awarded from the Endowment Fund except from the interest drawn 
from the same; Provided, further, that no grant shall be awarded until 
one (1) year form the establishment of the Endowment Fund; and 
2) Five percent (5%) from the annual allotment of the travel tax given to 
the Philippine Tourism Authority. 
Other government corporations, such as the Government Service 
Insurance System, the Social Security System, are authorized to give grants to 
the Endowment Fund at their discretion. Private persons, or corporations may 
likewise donate to the Endowment Fund: Provided, that such contributions are 
subject to tax deductions or exemption pursuant to the provisions of the National 
Internal Revenue Code. 
SEC. 9. National Landmark Register. - The Council shall establish the 
National Landmark Register, herein after referred to as the Register, which shall 
list all landmarks with any of the following attributes: 
1. Historical Importance; 
2. Character; 
3. Distinct Agricultural Style; 
4. National Artist's Work 
5. Architectural Significance; 
6. Technological, engineering or construction expertise; 
7. Viability; 
8. Cultural landscape; 
9. Unique utilitarian structures; and 
I O .  Other significant attributes as determined by the Council. 
SEC. I O .  Markers. - The Council shall cause an appropriate marker to be 
attached to the structure or work proclaiming its significance. 


SEC. 11. Obligations of Owners. and Possessors of Registered 
Landmarks. The owners and possessors of the landmarks or structures included 
in the Registry shall be ensured of the maintenance, protection and continued 
structural integrity of such landmarks. Any changes, alterations, deviations to be 
made by the owners or possessors of registered landmarks on the original 
structure must be cleared with the Council, which shall issue the necessary 
permits and clearances after inspection and study of the structure and its 
proposed designs. 
If the owners or possessors or registered landmarks refuse, by his act or 
omission, to abide by the provisions of this Act, or in any manner violate section 
12 of this Act, the Council shall undertake expropriation proceedings on the 
subject property. Failure to recompense the Council within a period of five years 
shall entitle the Council to alienate the property or work in favor of a third person 
who shall undertake the possession and/or ownership of the subject property or 
work after full restitution to the Council of the amount expended on the structure 
including legal interest on the full amount, and any expenditures for rentals. The 
third party must also compensate the owner and/or the possessor of the property 
or work in accordance with registered values. 
SEC. f2. Stages of Protection on Registered Landmarks. - Any changes 
made on registered property must be subject to the clearance of the Council: 
Provided, that changes be allowed by the Council after inspection and 
determination of applicability, and upon determination of the level of protection 
enjoyed by the subject registered work. The Council shall issue the necessary 
clearance and permits appurtenant thereto. 
SEC. 13. Council- restored and reconstructed Landmarks. - The owner or 
possessor of a registered landmarks has the primary responsibility for the 
restoration, repairs, maintenance, and conservation of the subject landmark; 
Provided, that after notice to the owners or possessors of the subject property, 
the landmark is allowed to deteriorate or otherwise not conserved, repaired, or 
maintained in accordance with the standard set by the Council, the Council shall 
undertake the necessary repairs, maintenance, conservation or restoration work. 
Pursuant to this, the Council shall have a lien on the subject, structure and/or 
land, if applicable, in the amount expended for the necessary work on the 
structure. 
The Council shall notify the Register of Deeds or other such authority, or 
any work, that is to be undertaken on registered works, even prior to the 
commencement of such work for the protection of innocent parties. 
SEC. 14. Penal Provision. Destruction, demolition, restoration, renovation, 
or any changes or alterations or deviations from the original structure, or any 
construction work on the original structure without the written authority of the 
Council shall be penalized by imprisonment from six months to one year, of fine 
of twenty-five thousand pesos (P25,OOO.OO) for each act in violation of this 
provision. 
SEC. 15. Review. - The listings in the Register shall be subject to review 
every five years by the Council. They may withdraw a structure from the 
Register, after deliberation, subject to the standards in Section 9 of this Act. 


SEC. 16. App/icabi/ity. - This law shall be applicable to all registered 
works, whether owned or possessed by the government of private persons. 
SEC. 17. Repealing Clause. - All laws, rules, regulations and other 
issuance or parts thereof which are inconsistent with this Act are hereby repealed 
or modified accordingly; 
SEC. 18. Effecfivity. This Act shall take effect immediately upon its 
approval. 
Approved,