Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17° Congress

First Regular S

HOUSE BILL NO,

Introduced by: HON. JOSE ANTONIO R. SY-ALVARADO.

EXPLANATORY NOTE

is 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

It is 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 6 a very
challenging endeavor but the rewards would be invaluable to the pr jenerations,

In view of the foregoing, approval of this bill is camnestly soughy

JOSE ANTONIO R. SY-ALVARADO


SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES
HB. No. 4884

Introduced by Hon. 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 the 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.”

SEC, 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.

SEC. 3. The Department of Culture and the Arts. To carry out the po

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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.

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SEC. 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 Culture and the Arts in addition to

the powers and functions as herein provided.

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

SEC, 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.

SEC. 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 the arts,

SEC. 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.
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SEC. 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 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 thé 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.

SEC. 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;


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(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;

(c) 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;

(a) 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.

(e) Office of the Undersecretary on 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

SEC. 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.

SEC, 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.

SEC. 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
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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.

SEC. 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 Culture and the Arts which shall be taken from the annual General
Appropriations passed by 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.

SEC. 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 shall perform the functions of the
Secretary 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.

SEC. 16, Transitory Provisions. - All the personnel, properties, assets and

liabilities of the National Commission for Culture and the Arts created by
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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. 366 series
of 2005.

SEC. 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.

SEC. 18. Separability Clause. - If any portion or provision of this Act is
declared unconstitutional, the same shall not effect the validity and effectivity

of the other provisions not affected thereby.

SEC. 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 provisions of this Act.

SEC. 20. Effectivity. - This Act shall take effect after fifteen (15) days

following its publicatiorfin two (2) national newspapers of general circulation.

Approved,