Thirteenth Congress of the Republic 
} 
Of the Philippines 
1 
First Regular Session 
1 
S E N A T  
S. No. 
Introduced by SenatorEdgardo J. Angara 
EXPLANATORY NOTE 
The Philippines is blessed with rich resources and heritage. It is sad to 
note that in spite of this comparative advantage, the Philippines’ share of the 
tourist market is negligible compared to its Asian neighbors. 
The eco-tourism we have aggressively promoted has suffered a backlash 
from negative publicity, brought about by security threats and recent kidnapping 
incidents of foreign nationals. We have forgotten that the Philippines has much 
to offer than beautiful beaches and resorts. 
It is time to present the rich cultural heritage of the country through the 
promotion and preservation of our cultural heritage sites. However, much of 
these important and irreplaceable structures have given way to modernization 
and commercialisation, and its rich repository of our culture is literally becoming a 
thing of the past. 
Present day conservation efforts of the government have been inadequate 
It is therefore imperative, 
to forestall the deterioration of this country’s heritage. 
to take serious action in preserving our cultural treasures. 
Bearing in mind existing realities of fiscal discipline and austerity 
measures being made by the government, preservation seems an ambitious and 
impractical proposition. What we fail to see is that by developing this aspect, we 
can tap new markets and create ripple-like opportunities that would generate 
income and employment for our people. 
More importantly, knowing our heritage would serve as an anchor amidst 
the chaos that modernization brings. By preserving our heritage, we keep our 
integrity as a people, for our heritage is a foundation upon which we can build our 
present, as well as our future. 
Heritage plays an important role in national 
destiny, only by knowing our collective strength as a people can we be prepared 
to meet by challenges posed by globalization. 
Investing in the preservation of our heritage would prevent cultural 
bankruptcy in the future. 
It is therefore in the public interest to preserve our 
heritage so that it’s vital legacy will be maintained and enriched for future 
generations. 
For these reasons, the immediate passage of this bill is earnestly sought. 
EDGARDO J. ANGARA 


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Thirteenth Congress of the Republic 
} 
Of the Philippines 
1 
‘04 J\JN 30 ““10 2 2  
First Regular Session 
1 
S E N A T E  
1089 
$1 
S. No. 
Introduced by Senator Edgardo J. Angara 
AN ACT 
TO PROMOTE THE PROTECTION AND CONSERVATION OF THE NATIONAL 
HERITAGE, THE CREATION OF A NATIONAL HERITAGE COMMISSION, 
AND PROVIDING PENALTIES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION I. 
Short Title - This Act may be cited as the “National Heritage 
Act of 2001 .” 
SEC. 2. Declaration of Policy - Pursuant to Article XIV, Section 15 of the 
Constitution, “the State shall conserve, promote and popularise the nation’s 
historical and cultural heritage and resources, as well as artistic creations.” 
Further, Article XIV, Section 16 provides that, “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.” 
Consonant with these principles, it is hereby declared to be the policy of 
the State to preserve, develop and administer the national heritage for the 
enhancement of our national identity. 
The State shall endeavor to create a balanced atmosphere where the 
historic past would coexist with modern society in harmony. 
It shall approach 
the problem of conservation in an integrated and holistic manner, cutting across 
all relevant disciplines and technologies. 
The State shall administer the heritage resources in a spirit of stewardship 
for the inspiration and benefit of the present and future generations. 
SEC. 3. Definition of terms - For purposes of this Act, the terms and phrases 
used shall mean or understood as follows: 
a. Cultural properties are old buildings, monuments, shrines, documents and 
objects which may be classified as antiques, relics or artefacts, landmarks, 
anthropological and historical sites, and specimens of natural history which 
are of cultural, historical, anthropological or scientific value and significance to 
the 
nation; such 
as 
physical, anthropological, archaeological and 
ethnographical materials, meteorites and tektites, historical objects and 
manuscripts; decorative articles or personal adornment, works of art such as 
paintings, sculptures, carvings, jewelry, music, architecture, sketches, 
drawings or illustrations in part or in whole; coins, medals, badges, insignias, 
coat of arms, vehicles or ships or boats in part or in whole; 
b. Cultural significance means aesthetic, architectural, historical, scientific, 
social, spiritual, linguistic or technological value; 


C. 
d. 
e. 
f. 
g. 
h. 
i. 
j. 
Heritage resources means any place or object of cultural significance 
Historical site is any place, province, city, town andlor any location and 
structure which has played a significant and important role in the history of the 
country and nation. Such significance and importance may be cultural, 
political, sociological or historical; 
Archaeological sifd is any place which may be underground or on the surface, 
underwater or at sea level, which contains fossils, artifacts and other chltural, 
geological, botanical, zoological materials which depict and document 
evidence of paleontological and pre-historic events; 
Anthropological area is any place where studies of specific cultural groups are 
being or should be undertaken in the field of anthropology. Anthropology in 
this case is descriptive, interpretative and comparative study of all aspects of 
various cultural linguistic groups, including the collection and analysis of their 
particular material culture; 
Conservation in relation to heritage resources includes protection, 
maintenance, preservation and sustainable use of places, or objects to 
safeguard their cultural significance; 
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Commission shall refer to the National Heritage Commission; 
Council shall refer to the Heritage Advisory Council; 
Dealers are persons or enterprises that acquire heritage properties for the 
purpose of engaging in the acquisition and resale of the same; 
SEC. 4. National Heritage Commission - There is hereby created a National 
Heritage Commission composed of the following; 
(a) \Secretary of Education Culture and Sports 
(b) Director of the National Historical Institute 
(c) President of the Cultural Center of the Philippines 
(d) Undersecretary of Tourism 
(e) Undersecretary of Interior and Local Government 
SEC. 5. Functions, Powers and Duties - To carry out its mandate, the 
Commission shall exercise the following functions, powers and duties: 
a) Establish national principles, standards and policy for the identification, 
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recording and management of heritage resources; 
b) Promulgate rules and regulations pertaining to conservation; 
c) Administer and coordinate funding of conservation projects; 
d) Acquire, lease or hold real property and personal property as it deems 
necessary in the fulfillment of its work; 


e) Sell and convey any real or personal property or interest therein, in excess of 
its needs; 
f) Adopt, issue, promulgate regulations pertaining to conservation, and 
preservation of heritage objects and sites; 
g) Participate and cooperate with other public and private agencies having 
mutual interests and purposes in programs intended to preserve and improve 
historic resources bf the State 
h) Enter into heritage agreements with private owners, pursuant to Section 11 of 
this Act: 
i) Expropriate private property in accordance with Section 19 of this Act; 
j) To sue and be sued; 
k) To have a seal; and 
I) 
To undertake other activities, necessary or convenient to enhance and 
achieve its objectives. 
All contributions of real or personal property made to the Commission 
whether by donation, devise, gift or bequest shall be free from all forms of taxes 
and shall be deductible in full from the income of the donor for the purpose of 
computing his income tax liability. Provided, that such donations are duly 
acknowledged and receipted. 
SEC. 6. The Heritage Advisory Council - The Heritage Advisory Council shall 
serve as an Advisory body to the Commission on issues covered by this Act and 
In other matters involving interests relating to cultural heritage. 
The members must be appointed taking into considerations their 
quqlifications or special expertise in fields relevant to heritage resources. It will 
consist of ten (10) members. 
The members of the council shall hold office for a period not exceeding 
three years and may be reappointed. No member may serve for more than two 
consecutive terms. 
SEC. 7. Functions of the Council - The functions of the Council shall be to: 
a. Propose policies and priorities for the identification, protection, preservation 
and enhancement 
of the national heritage, including monuments, 
archaeological objects, heritage objects, architectural heritage; 
b. Initiate, plan, undertake and supervise the restoration, upkeep and 
maintenance of heritage objects and sites in coordination with local 
government units, other government agencies, non-profit organizations and 
civil society; 
c. Identify record and manage significant heritage resources and keep 
permanent and up-to-date records of such work. It will promote the systematic 
identification and gecording of heritage resources; 


d. 
e. 
f. 
g. 
Coordinate the management of the heritage resources by all agencies of the 
State and other bodies, and monitor their activities to ensure that they comply 
with the national principles, standards and policy set forth; 
Promote training and education in fields related to the management of 
heritage resources; 
Undertake studies and research and make reports relating to conservation 
and preservation hatters; and 
Assist the Commission in the performance of its functions, powers and duties. 
SEC. 8. Meetings of the Council - The Council may meet as often as necessary, 
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but at least four (4) times a year. The members shall receive per diems in an 
amount to be determined by the Council, on meetings actually attended by them. 
SEC. 9. Quorum - A quorum for the meeting of the Council shall be a majority of 
its members. Any decision of the Council shall be taken by resolution of the 
majority of the members present, and in the event of a tie, the chairperson 
presiding shall have a casting vote in addition to his deliberative vote as a 
member of the Council 
SEC. 10. National Heritage Resource Assistance Program - The Commission, 
upon the recommendation of the Council, may provide financial assistance in the 
form of a grant or a loan to historic, archaeological, architectural, artistic 
organizations or for any purpose ancillary to those purposes. 
No grant made pursuant to this Act shall be treated as taxable income. 
The Council shall prescribe the procedures for applications for approval 
and granting of financial assistance and the criteria for the assessment of 
projects. 
v 
The Commission shall establish and maintain a program, upon approval of 
the Council, by which, it may ensure loans to finance any project for the 
preservation of a property included in the National Register. The Commission 
shall impose conditions it may deem necessary to ensure adequate protection of 
the financial interest of the Philippine government. 
SEC. 17. Preservation of religious edifices and sites - The Commission can 
assist in the preservation of religious edifices and sites, so long as it is secular in 
purpose and does not promote religion. 
SEC 12. Heritage agreements - The Commission, upon advice of the Council, 
may enter into agreements with private owners of properties with cultural 
significance with regard to the preservation of said property. Such agreement 
must be in the form of a binding contract, and may included such terms and 
conditions as the parties think fit such as, but not limited to: 
a) Public access to the property; 
b) Value of the easement; 
c) Duration of the sepitude on the property; 
d) Restriction of the fight of the owner or occupier to do certain acts or things on 
. or near the place; 


e) Maintenance and management of the place; 
f) Provision of financial assistance; 
g) Procedure for the resolution of any dispute arising out of the agreement. 
Such agreement would be considered as preservation easement and would 
attach and bind future'owners thereto. 
The extent of said interest would be considered as a charitable contribution 
and would be tax deductible for income tax purposes. 
SEC. 13, Compulsory repair order - When a privately-owned heritage site is 
being allowed by the owner to fall into disrepair, for the purpose of effecting or 
enabling its destruction or demolition or is neglected to such an extent that it will 
lose its potential for conservation, the Commission may serve on the owner of 
such property, an order to repair or maintain such site. If the owner fails to 
comply with said order, repairs may be undertaken by the Commission for the 
account of the owner. If said owner fails to reimburse the Commission, the 
property shall be forfeited in its favor. 
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SEC. 14. Declaration and Register of Protected Sites - For the purposes of the 
consolidation of information on heritage resources, the Commission shall 
undertake an intensive archival and historical research, to compile and maintain 
an inventory of the national heritage resources within three (3) years from the 
approval of this Act. 
' 
Towards this e'nd, the Commission is authorized to improve and expand the 
National Register kept by the National Museum pursuant to Rep. Act.. 4846 as 
amended by PD 374; 
The Commission shall by notice, publish in the Official Gazette or any 
nevspapers of general circulation declare an area to be protected zone and/or 
restricted area. 
SEC. 15. Upgrade of training - The Commission shall develop and make 
available to government agencies, local governments, private organizations, 
training in, or information concerning professional methods and techniques for 
the preservation of historic properties and the administration of the heritage 
preservation program of the government. 
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SEC. 16. indigenous properties - The Commission shall establish a program and 
promulgate regulations to assist indigenous people in preserving their particular 
historic properties. 
SEC. 17. Prohibited Acts - the following acts are prohibited, unless otherwise 
permitted by the Commission. 
a. It shall be unlawful to destroy, demolish, mutilate or damage any object of 
cultural heritage; 
b. It shall be unlawful for any person to modify, alter, repair, or destroy the 
original features of any national shrine, monument, landmark and other 
historic edifices declared and classified by the National Historical Institute as 
such, without the prior written permission from the Commission. This includes 


the security zone, extending five meters from the visible perimeter of the 
monument or site. 
c. It shall be unlawful to explore, excavate or undertake diggings or 
archaeological or historical sites for the purpose of obtaining materials of 
cultural historical value without the prior written authority form the 
Commission. No excavation or diggings shall be permitted without the 
supervision of a certified archaeologist. 
All restorations, reconstruction and preservations of government historical 
buildings, shrines, landmarks, monuments and sites which has been designated 
as national cultural treasures and important cultural properties shall be 
undertaken with the written permission of the Commission. Nothing in this Act 
shall be construed to include the buildings and premises of the Malacanang 
Palace, the Supreme Court, the House of Representatives and the Senate. 
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The heads of a government agency, local government unit, private entities 
must take into account the effect of any undertaking on any district, site, building 
or structure, or object that is included in the National Register. The head of said 
agency shall afford the Council a reasonable opportunity to comment on said 
undertaking. 
The Commission shall promulgate rules and guidelines for the grant of 
permits. Such rules and regulations shall be published in a newspaper of general 
circulation and shall be approved by the Secretary for Education, Culture and 
sports. 
The Commission has the full right to revoke the permit issued to the applicant 
for cause such as but not limited to a violation or inability of the permittee to 
comply with the terms and conditions of the permit or any part thereof. 
SEC. 18. Limitations - National heritage properties may be taken out of the 
cou'ntry only with a written permit secured from the Commission, only for the 
purpose of exchange programs or for scientific scrutiny, or exhibit. 
SEC. 19. Expropriatioh - The Commission may, on the advice of the Council, 
and after consultation, with the secretary of Finance, purchase or expropriate 
property for conservation or any other purpose under this Act, if it is for a public 
purpose or in the public interest. 
Owners or holders of rights of protected objects or sites that are 
expropriated are entitled to just compensation by the State for the financial loss 
incurred by virtue of the expropriation order. The owner of the property must be 
given a hearing before any property is expropriated. 
SEC. 20. Dealing or possessing a punishable act - The act of dealing in or 
possessing with intent to deal, any object of cultural significance, or any part 
thereof, or associated objects, unless authorized to do so, is punishable under 
this Act. 
SEC. 21. Awards and citations - To encourage preservation of the national 
heritage, the Commission shall establish annual conservation program under 
which monetary prizes, awards and citations will be given by the President of the 
Philippines, upon the recommendation of the Commission, for special 
achievements and important contributions and services in the area of heritage 
preservation and con $e rva tion efforts . 


SEC. 22. Penal Provisions - Any violations of the provision of this Act, upon 
conviction, subject the offender to a fine of not less than Two Hundred Thousand 
Pesos (P200,OOO.OO) or imprisonment for a term of not less than ten (IO) years 
or both upon the discretion of the Court. Provided, that any equipment, tools, 
paraphernalia used 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 manager, representative, director, agent or 
employee of said juridical person responsible for the act shall also be liable to the 
penalties provided heiein; Provided finally, that if the offender is an alien, he shall 
be under the custody of the Commission on Immigration and Deportation for the 
appropriate proceedings. 
SEC. 23. Appropriation - The sum of One Hundred Million Pesos 
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(1 00,000,000.00) is hereby appropriated annually from the General Fund, not 
otherwise appropriated by law, to carry out the provisions of this Act. 
SEC, 24. Repealing clause - Any provision of existing laws, rules, decrees and 
executive orders inconsistent with the provisions of this Act are hereby repealed 
and modified accordingly. 
SEC. 25. Separabilify clause - Any portion or provision of this Act that may be 
declare unconstitutional shall not have the effect of nullifying other portions or 
provisions hereof as long as such remaining provisions can still subsist and be 
given effect. 
SEC. 26. Effectivity clause - This Act shall take effect fifteen (15) days after 
publication in the Official Gazette or a newspaper of general circulation. 
Approved.