Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session
273
H.B.No.

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

We have recently witnessed controversial, even sensational cases of art forgeries. Since
art belongs to that realm which is within the purview of what we call ‘intellectual property’, theft
of art is one of the most difficult to prosecute or even ascertain.

This bill aims to give more exacting definitions to the crime of art forgery. This would
eliminate much confusion as it clearly spells out the specific act that would constitute art forgery,

This bill also seeks to create an Art Authentication Board composed of a Chairman and
four members which shall authenticate the works of art so as to ascertain their originality. It shall
have the authority to certify works of art for registration as mandated by the intellectual property
law.

What this bill would seek to accomplish is to erase most of the vagueness,
misinterpretations and loopholes that have plagued cases of art forgeries for years.

In view of the foregoing, approval of this bill is earnestly requested
)
7)
JUAN EDGARDO “SONNY’"MANGARA

Representative
Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

H.B.No.

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
DEFINING THE CRIME OF ART FORGERY, PROVIDING PENALTIES
THEREOFAND CREATING THE ART AUTHENTICATION BOARD AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. This Act shall be known as the “Art Forgeries Act of 2010”

SEC. 2. Declaration of Policy. It is hereby declared the policy of the state to protect,
conserve, develop and promote, the nation’s cultural heritage, artistic creations and resources.

SEC. 3. Definition of Terms.

a) “Work of Art” - all original works of art like paintings, sculpture, drawings, and art
work produced in multiples such as graphic and photographic works and sculpture
casts, but shall not include works intended to be mass-produced for commercial
use.

b) “Art Dealer” - any person or entity who sells or otherwise deals in works of fine art
for profit or gain, such as art galleries, art brokers and agents.

SEC. 4. Art Forgeries. Art forgeries are committed by any person or entity who
commits any of the following acts:

a) Affixing or causing to appear an usurped or forged signature or sign on any work of
fine art:

») Counterfeiting or imitating any original signature or sign, with intent to deceive the
Public or the buyer as to the authorship of a work of art;

©) Selling, or circulating any work of fine art bearing forged or usurped signatures or
signs;

4) Imitating or reproducing any work of fine art with intent to deceive the public or the
buyer as to the authenticity of the work

SEC. §. Art Authentication Board. There is hereby created a Board, to be known as
the Art Authentication Board, composed of .a Chairman and four (4) members, who shall be
appointed by the President of the Philippines in consultation with the Presidential Commission


on, Culture and Arts. A majority of the Board shall constitute a quorum to do business. The
Board shall decide by a majority vote of all its members. In case only three (3) members are
present, the vote must be unanimous. Members of the Board shall each be entitled to a per
diem and transportation allowances of Five Hundred Pesos (P500.00) for each Board meeting
actually attended by them, but not to exceed Five Thousand Pesos (P5,000.00) a month.

SEC. 6. Qualification. The Chairman and the Members of the Board must be citizens of
the Philippines, at least twenty five (25) years of age on the day of their appointment, of proven
competence, integrity, probity and independence of mind, and holders of a Degree or equivalent
training and experience in art conversation, art history, or visual arts.

SEC. 7. Tenure of Office. The Chairman and the members shall be appointed by the
President for a term of three (3) years. Appointment to any vacancy shall be only for the
unexpired term of the predecessor.

SEC. 8. Prohibition. No member shall directly or indirectly engage in any business
dealing with work of fine art such as, but not limited to, art galleries and art dealerships.

SEC. 9. Powers and Functions of the Board. The Board shall have the following
powers and functions:

a) To verify and certify as original any work of fine art submitted to it for authentication,
and to issue the corresponding certificates of authentication;

b) Upon proper verification, to accept for registration of all original works of fine art
submitted by the creator or author;

©) To impose and collect authentication and registration fees, and other appropriate
fees as it may prescribe;

d) To accredit art galleries and art dealers subject to the rules and regulations
prescribed by the Board;

e) To initiate investigation and recommend prosecution of all persons who may have
violated the provisions of this Act;

f) To promulgate rules and regulations for the proper implementation of the provisions
of this Act;

9) To impose fines and sanctions for violation of its rules and regulations;

h) To perform such other acts as may be necessary to carry out the objectives and
purposes of this Act.

SEC. 10. Penalties. Any person who commits any of the acts enumerated in Section 4
of this Act shall be punished with imprisonment of not less than six (6) years nor more than
twelve (12) years and a fine of not less than Five Thousand Pesos (P5,000.00) nor more than
Fifty Thousand Pesos (P50,000.00).


If the acts are committed by a corporation, partnership, or any other judicial entity, the
penalty provided herein shall be imposed on its chief executive officer and/or other officials
responsible therefor. If the acts are committed by the art dealers or the owners or operators of
art galleries, they shall suffer, in addition to the penalties provided, the automatic revocation of
their license to operate such.

SEC. 11. Transfer of Functions. All existing offices performing exclusively the same
functions and powers as the Board are hereby abolished, and their powers, functions, funds,
appropriations, records, equipment and other properties shall be transferred to the Board.
Personnel of said abolished offices shall as far as practicable be absorbed by the Board. For
those who may be separated from the service by reason of the implementation of this Act., they
shall be entitled to separation benefits provided for by existing laws. The panel of experts
created under Republic Act 4846, as amended by Presidential Decree No. 374, shall continue to
exist for the sole purpose of authenticating works of art to be donated to the national Museum

SEC. 12. Appropriation. For the operations of the Board, there is hereby appropriated
the sum of Five Million Pesos (P5,000,000.00) annually which shall form part of the budget of
the Office of the President.

SEC. 13. Separability Clause. If any part or provision of this Act shall be held
unconstitutional or invalid other provisions hereof which are not affected thereby shall continue
to be in full force and effect.

SEC. 14. Repealing Clause. All laws, executive orders, decrees, rules and regulations
or parts thereof, contrary to or inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SEC. 15. Effectivity Clause. Thus Act shall take effect after fifteen (15) days following
its publication in the official Gazette or in at least two (2) national newspapers of general
circulation.

Approved,