Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1078

Introduced by: HON. “KUYA” JOSE ANT:

OR. S

EXPLANATORY NOTE

This bill seeks to establish a Department for the Culture and the Arts and to strengthen national
endowment for culture and the arts. The creation of a department is needed in order to be assured
of an empowered agency that will adequately support the preservation, enrichment, and dynamic
evolution of a Filipino national culture

It is one of our declared State Policies, as provided by Section 17, Article II of the Constitution, to
give priority to the arts and culture. To this effect, in 1987, then President Corazon C. Aquino
penned Executive Order No. 118 creating the Presidential Commission on Culture and Arts. Then,
in 1992, Republic Act 7356 was enacted into law creating the National Commission for Culture
and the Arts (NCCA). To further boost the NCCA, Republic Act No. 10066 (National Cultural
Heritage Act of 2009) became a law on March 26, 2010. This Act provided for the Protection and
Conservation of the National Cultural Heritage, and for the strengthening of the National
Commission for Culture and the Arts (NCCA) and its Affiliated Cultural Agencies.

‘The NCCA and its attached agencies are functioning but their powers and resources are simply not
enough considering the gargantuan task of preserving, enriching, and ensuring the dynamic
evolution of the Filipino culture. As a matter of fact, there is a noted decline in the number of
practitioners of pottery of the performers of folk dances and of weavers of local fabrics based on
the data gathered by the NCCA.

Our future is bleak if we have no past to guide us since it is often said that history is the best
teacher.


Itis admitted that similar measures have been made in the past with no success. There is no harm
in trying once more since the preservation of the Filipino culture may be as very challenging
endeavor but the rewards would be invaluable to the present and future generations.

In view of the foregoing, approval of this bill is earnestly sought.

“KUYA” JOSE ANTONIO R. SY-ALVARADOA
Representative
First District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1078

Introduced by: “KUYA” JOSE ANTONIO R. SY-ALVARADO.

AN ACT ESTABLISHING THE DEPARTMENT FOR CULTURE AND THE ARTS,
STRENGTHENING THE NATIONAL ENDOWMENT FOR CULTURE AND THE
ARTS, AND FOR OTHER PURPOSES

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

Section 1. Title. This Act shall be known as the “Department of Culture and the Arts Act.”

Section 2. Declaration of Policy. It is hereby declared the policy of the State to give priority to
the culture and the arts to foster patriotism and nationalism, accelerate social
progress and promote total human liberation and development. It shall foster the
preservation, enrichment, and dynamic evolution of a Filipino national culture
based on the principle of unity in diversity in a climate of free artistic and
intellectual expression.

Section 3. The Department of Culture and the Arts. To carry out the policies and purposes of this
Act, the National Commission for Culture and the Arts is hereby reorganized into
the Department for Culture and the Arts, hereinafter referred to as the Department,
in accordance with the provisions of this Act

Section 4. Powers and Functions of the Department. In furtherance of the objectives of this Act,
the Department shall continue to exercise the powers and functions of the National
Commission for the Culture and the Arts in addition to the powers and functions as,
herein provided.

Section 5. Organization. The Department shall consist of the Department Proper and all its
attached agencies and corporations.

Section 6. Department Proper. The Department Proper shall consist of the existing staff services
as provided for under Republic Act 7356 which are hereby transformed into the following offices:


(a) Office of the Secretary. The office of the Secretary shall consist of the Secretary and his
Immediate staff.

(b) Office of the Undersecretaries. The Secretary shall be assisted by five (5) Undersecretaries,
one (1) on the Arts, one (1) on Cultural Heritage, one (1) on Cultural Dissemination, one
(1) on Cultural Communities and the Traditional Arts, and one (1) International Linkages
and two (2) career Assistant Secretaries

Section 7. Head of Department. ‘The Head of the Department hereinafter referred to as the
Secretary shall be appointed by the President subject to confirmation of the Commission on
Appointments. The Secretary must have distinguished track record and long-standing commitment
to the culture and arts.

Section 8. General Powers, Term of Office and Functions of the Secretary. The authority and
responsibility for the exercise of the Department's powers and functions shall be vested in the
Secretary, who shall hold office at the pleasure of the President and shall receive the compensation,
allowances and other emoluments to which heads of departments are entitled.

Section 9. Specific Duties and Functions of the Secretary. Except for Section 13.b., in addition
to his powers and functions as provided in Republic Act 7356, the Secretary as Department head
shall have the following powers and functions:

(a) Prepare and submit periodic reports, including an Annual Report on the Growth and
Expenditure of the National Endowment for the Arts, including but not limited to the
Sponsorship of distinguished arts and students and artists for further scholarship and
training abroad, and such other reports as the President and Congress may require;

Further, the Secretary is required to ensure the artistic integrity and independence of
cultural agencies under its administration, including but not limited to the Cultural Center
of the Philippines, particularly in the conferment of the Gawad ng Manlilikha ng Bayan
Award, the Orden ng Gawad Pambansang Alagad ng Sining and all other organizational
awards it administers, and in safeguarding the academic freedom of the Philippine High
School of the Arts-an attached agency of the Cultural Center of the Philippines, including
but not limited to the selection of its arts scholars for state patronage.

Section 10. The office of the Undersecretaries. The Department shall oversee the operation and
maintenance of the National Committees as stated under Republic Act 7356 under the following
Offices of the Undersecretaries.

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

(b) Office of the Undersecretary on the Arts, which shall cover but will not be limited to the
following areas; literary arts, visual arts, architecture, dramatic arts, broadcast arts, musical
arts, dance and film;


(©) Office of the Undersecretary on Cultural Dissemination, which shall cover but will not be
limited to the following areas: language and translation, cultural events, cultural education
and information;

(d) Office of the Undersecretary on Cultural Communities and Traditional Arts, which shall
cover but will not be limited to the following areas: Agta culture and art; cultures and arts
of Northern cultural communities, Southern cultural communities, Muslim cultural
communities and lowland cultural communities.

(©) Office of the Undersecretary in International Linkages which shall be responsible for
coordinating efforts with other relevant government agencies, primarily the Department of
Foreign Affairs in the realm of cultural diplomacy with other countries.

Section 11. Local, Provincial or Regional Councils. The Department may establish or coordinate
with local, provincial or regional government or non-government councils/groups to promote,
develop, and implement programs and plans of the Department.

Section 12. The National Academy of Culture and the Arts, The chairpersons of the National
Committees shall form the National Academy of Culture and the Arts.

Section 13. Attached Agencies and Corporations. The Cultural Center of the Philippines, the
National Museum, the National Library of the Philippines, the National Historical Commission of,
the Philippines, the National Archives of the Philippines, the Komisyon sa Wikang Filipino, the
Film Development Council of the Philippines, and the Movie and Television Review and
Classification Board are hereby placed under the supervision of the Department, but shall continue
to operate under their respective charters insofar as they are not inconsistent with this Act. Their
annual budget shall be included in the budget of the Department to be submitted to Congress for
approval.

The secretary shall, in a concurrent capacity, be the ex officio chairman of the respective boards
of the Cultural Center of the Philippines, the National Museum, the National Library of the
Philippines, the National Historical Commission of the Philippines, the National Archives of the
Philippines, the Komisyon sa Wikang Filipino, the Film Development Council of the Philippines,
and the Movie and Television Review and Classification Board.

Section 14. The National Endowment for Culture and the Arts. For the first five years of
implementation of this Act, the amount of two hundred million pesos (P200,000,000.00) shall be
infused to the existing National Endowment for the Culture and the Arts which shall be taken from
the annual General Appropriation passed by the Congress. Provided, the use of the earnings of the
said Endowment shall include but not be limited to the patronage of renowned arts scholars and
artists for further training and studies abroad and the promotion of the country’s indigenous culture
in other parts of the world.


Section 15. Commissioner of the National Commission for Culture and the Arts on Holdover
Capacity. — The incumbent Commissioner of the National Commission for Culture and the Arts
on holdover capacity until such time when a new Secretary shall have been appointed by the
President and confirmed by the Commission on Appointments.

Section 16. Transitory Provisions. All the personnel, properties, assets and liabilities of the
National Commission for Culture and the Arts created by Republic Act 7356, are hereby
transferred to the Department as its successor-in-interest.

Within six (6) months after the first meeting of the Department, it shall harmonize the policies of
the cultural agencies referred to, but not limited to, those enumerated in Section 13 of this Act,
with those of the Department as the overall policy-making and coordinating body. If merited, it
shall recommend the abolition, merger, union of existing offices and agencies consistent with the
objectives and provisions of Executive Order No. 266 series of 2005.

Section 17. Implementing Rules and Regulations. Within ninety (90) days from his appointment,
the Secretary shall promulgate rules and regulations necessary to ensure the effective
implementation of this Act.

Section 18. Separability Clause. If any portion or provisions of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions not
affected thereby.

Section 19. Repealing Clause. All laws, decrees, executive orders, rules and regulations, and other
issuances or parts thereof which are inconsistent with this Act hereby repealed, amended or
modified accordingly. The provisions of Republic Act 7356 shall remain valid insofar as they are
not inconsistent with the proyisions of this Act.

s Act take effect after fifteen (15) days following its publication in two
rs of general circulation.