FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 .hi. -_! ' 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
During the past years, a number of pieces of art, even entire collections, 
which are priceless not only due to their market value but also and more so, due 
to their historical importance, have been acquired, directly or indirectly by the 
Government, its officials, agencies or instrumentalities with the use of public 
funds and without complying with the registration requirements. During these 
years, these priceless arts have been from one office to another so that today, 
their exact whereabouts could not easily be ascertained. It is necessary for the 
the protection and preservation of our country's historical cultural encouragement 
of private participation, that a search and general registration of these priceless 
cultural properties be made immediately. All historical pieces so located by the 
search committee in the possession of government offices of officials, must be 
duly authenticated and must be brought and displayed for the cultural enrichment 
of and appreciation by the Filipino people. 
This bill also seeks to fully protect historical pieces in the possession of or 
owned by private individuals or entities against illegitimate art dealers and 
exporters who do not hesitate to trade stolen or fake articles by providing for a 
system of registration and authentication by the Museum. 
Further, the bill introduces measures to ensure that the excavation of the 
cultural properties is undertaken by competent individuals and that the 
applications for permits to explore and excavate are done only by the proper 
scientific personnel. 
In view of the foregoing considerations early passage of this bill is 
earnestly sought. 
JI 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 ,!11!,- .”;! ;’ ’ , 
, 
. 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
i t % . , < ’  ~ ~ ~ ~ , i  
.,,. 
S E N A T E  
. , . ~ ,  
Senate Bill No. 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FORTY 
EIGHT HUNDRED AND FORTY SIX (4846), AS AMENDED OTHERWISE 
KNOWN AS THE 
“CULTURAL PROPERTIES PRESERVATION AND 
PROTECTION ACT” 
Be it enacted by the Senate and House of Represenfafives of the Philippines in 
Congress assembled: 
SECTION 1. Section 5 of Republic Act No. 4846, as amended, is hereby 
further amended to read as follows: 
“SEC. 5. The Director of the Museum, hereinafter referred to as the 
Director, shall undertake a census of the important cultural properties of 
the location, and condition and maintain an up-to-date register of the 
same. Private collectors and owners of important cultural properties [and 
public and private schools] INCLUDING THE GOVERNMENT, ITS 
BRANCHES, SUBDIVISIONS, AGENCIES AND INSTRUMENTALITIES, 
THEIR 
SUBSIDIARIES 
in 
possession of 
[these 
items], 
SAID 
PROPERTIES shall be required to register [their collections] THEM with 
the Museum [when required by the Director] WITH THIRTY (30) DAYS 
UPON THE APPROVAL OF THIS ACT and to the same office [when 
required by the Director] any new acquisitions, sale, or transfer thereof 
WITHIN FIFTEEN (15) DAYS FROM DATE THEREFROM. 
GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS AND 
SECTION 2. The same Act as amended, is hereby further amended by 
incorporating five (5) new sections after Section 5 to be known as Sec. 5-A, Sec. 
5-B, Sec. 5-C, Sec. 5-D and Sec. 5-E which shall read as follows: 
“SEC. 5-A. THE DIRECTOR SHALL UNDERTAKE OR CAUSE TO 
BE UNDERTAKEN, BY 
HIMSELF OR 
THROUGH 
HIS DULY 
AUTHORIZED REPRESENTATIVES WHO ARE KNOWN EXPERTS ON 
CULTURAL PROPERTIES A GENERAL SEARCH OF CULTURAL 
PROPERTIES NOT DULY REGISTERED WITH THE MUSEUM: 
PROVIDED, THAT IN THE EXERCISE OF ITS FUNCTIONS THE 
PROVISIONS OF SECTIONS 6 AND 7 HEREUNDER SHALL BE 
OBSERVED. NO PERSON ENGAGED, DIRECTLY OR INDIRECTLY IN 
CULTURAL PROPERTIES TRADING SHALL BE DEPUTIZED UNDER 
THIS SECTION. ANY CULTURAL PROPERTY SO LOCATED BY THE 
SEARCH COMMITTEE SHALL BE IMMEDIATELY BROUGHT TO THE 


MUSEUM, FOR REGISTRATION AND ENTRY INTO ITS RECORDS, AT 
THE EXPENSE OF THE OWNER. 
“SEC. 
5-B. 
PUBLIC OFFICIALS AND/OR 
GOVERNMENT 
OFFICES NOT ENGAGED PRIMARILY IN CULTURE AND ARTS SHALL 
NOT BE ALLOWED TO ACQUIRE A COLLECTION OF CULTURAL 
PROPERTIES USING PUBLIC FUNDS. SAID PUBLIC OFFICIALS 
AND/OR GOVERNMENT OFFICES MAY PURCHASE PHILIPPINE 
CULTURAL HERITAGE ITEMS, PROVIDED THERE IS PRIOR PERMIT 
ISSUED BY THE DIRECTOR AND SUBJECT TO REGISTRATION AS 
HEREINABOVE STATED. 
“SEC. 5-C. ALL CULTURAL PROPERTIES PRESENTLY IN THE 
POSSESSION OF THE GOVERNMENT, ITS AGENCIES AND 
CONTROLLED CORPORATIONS AND THEIR SUBSIDIARIES, SHALL 
BE PRESUMED TO HAVE BEEN ACQUIRED WITH THE USE OF 
PUBLIC FUNDS AND THEREFORE THEIR POSSESSION SUBJECT TO 
THE AUTHORITY OF THE DIRECTOR OF THE NATIONAL MUSEUM. 
INSTRUMENTALITIES, INCLUDING GOVERNMENT-OWNED AND 
“SEC. 
5-D. 
PRIVATE 
CULTURAL 
PROPERTIES 
DULY 
REGISTERED WITH THE MUSEUM SHALL BELONG TO THE PRIVATE 
OWNER BUT THE SAME SHALL FACILITATE THEIR DISPLAY AT THE 
NATIONAL MUSEUM OR IN SUCH OTHER PLACES AS THE 
DIRECTOR MAY DETERMINE, WHENEVER SPECIAL OCCASIONS OF 
NATIONAL INTEREST MAY SO REQUIRED: PROVIDED, THAT 
DURING SUCH DISPLAY, ADEQUATE INSURANCE COVERAGE 
AGAINST LOSS, DESTRUCTION AND DETERIORATION SHALL BE 
TAKEN BY THE MUSEUM IN FAVOR OF THE OWNER AND ACTUAL 
SECURITY AND PROTECTIVE MEASURES SHALL BE EMPLOYED BY 
THE GOVERNMENT, THROUGH THE NATIONAL MUSEUM, SHALL 
HELP, MAINTAIN, SECURE, PRESERVE AND RESTORE REGISTERED 
CULTURAL TREASURES AS THE NEED OF THE PRIVATE OWNER 
MAY REQUIRE: PROVIDED, THAT IN CASE OF THE INSURANCE 
REQUIREMENTS, THE 
MUSEUM SHALL AVAIL 
OF PRIVATE 
INSURANCE AGENCIES ACCEPTING NON-LIFE INSURANCE. 
SEC. 5-E. ANY CULTURAL PROPERTY TO BE REGISTERED 
WITH THE NATIONAL MUSEUM SHOULD HAVE ITS PROVENANCE 
VERIFIED. ONLY CULTURAL PROPERTIES WHOSE SOURCE ARE 
LEGAL CAN BE REGISTERED. LEGAL SOURCES, FOR THIS 
PURPOSE, MEANS THAT THEY COME FROM LEGAL EXCAVATIONS, 
TRADE AND EXCHANGE.” 
SECTION 3. Section 6 of Republic Act No. 4846, as amended, is hereby 
SEC. 6. The Director is authorized to convene panels of experts, as 
often as the need for their services may arise, each to be composed of 
three competent men in the specialized fields of anthropology, natural 
sciences, history and archives, fine arts, philately and numismatics and 
shrines 
and 
monuments, 
ETHNOGRAPHIC 
MATERIALS 
AND 
ARTIFACTS AND THE LIFE. Each panel shall, after careful study and 
liberation, AND AFTER DUE CONSULTATION WITH VARIOUS 
GROUPS AND/OR INDIVIDUALS KNOWN IN THE SPECIALIZED FIELD 
further amended to read as follows: 


TO WHICH THE ITEM OR ITEMS UNDER CONSIDERATION PERTAIN, 
decide which among the cultural properties in their field of specialization 
shall be designated as National Cultural Treasure or Important Cultural 
Properties. The Director is further authorized to convene panels of experts 
to declassify designated National Cultural Treasures. 
The Director shall within ten ( I O )  days of such action by the panel 
transmit their decision and cause the designation-list to be published in at 
least two (2) newspaper of general circulation. The same procedure shall 
be followed in the declassification of important cultural properties and 
national treasures. 
SEC 4. Section 7 of the same Act, as amended, is further amended to 
read as follows: 
(a) 
Before the actual designation, the owner of the property is 
privately-owned, shall be notified at least fifteen (15) days prior 
of the intended designation and shall be invited to attend the 
deliberation and given a chance to be heard. Failure on the 
part of the owner to attend the deliberation shall not bar the 
panel to render its deci8ion. Decision shall be given by the 
panel within a week after its deliberation. In the event that the 
owner desires to seek reconsideration of the designation made 
by the panel, he may do so within thirty (30) days from the date 
that the decision has been rendered. 
If no request for 
reconsideration is filed after this period, the designation is then 
considered final and executory. Any request for consideration 
filed by the panel, may be further appealed to [another panel 
chaired by the Secretary of Education, with two experts as 
members appointed by the Secretary of Education] THE 
DIRECTOR WHO SHALL THEN CONVENE ANOTHER PANEL 
OF FIVE (5) MEMBERS ALL OF WHOM SHALL BE KNOWN 
EXPERT IN THE SPECIALIZED FIELD INVOLVED COMING 
FROM THE FOLLOWING: TO WIT, PHILIPPINE HISTORICAL 
INSTITUTE, PCCA, ASSOCIATION OF PRIVATE MUSEUM 
AND/OR FOUNDATION, ASSOCIATION OF ART DEALERS 
AND ASSOCIATION OF ART GALLERIES. ART GALLERIES. 
Their decision shall be final and binding. 
HEADED BY HIM AS EX-OFFICIO CHAIRMAN COMPOSED 
Within each kind or class of objects, only the rare and unique 
objects may be designated as ”National Cultural Treasures.” 
The remainder, if any, shall be treated as cultural property. 
Designated “National Cultural Treasures” shall be adequately 
and properly marked, described and photographed by the 
National Museum. [The] PRIVATE owner retains ownership and 
possession of the same but the Museum shall keep a record 
containing such information as: name of article, owner, period, 
source, location, condition, description, photograph, identifying 
marks, approximate value and other pertinent data.” 
SEC. 5. Section 8 of the same Act, as amended, is hereby further 
amended to read as follows: 


SEC. 8. National Cultural Treasures shall not change ownership, 
except by inheritance or sale duly approved by the Director of the National 
Museum, without the prior notification to and notations made by the 
Museum in the records AND ONLY WHEN NATIONAL INTERESTS SO 
ALLOWS. They may not be taken out of the country for reasons of 
inheritance. Where there is no heir, [National Cultural Treasures shall 
revert to the National Museum or to any other state Museum]. THE 
NATIONAL MUSEUM SHALL ASSUME CUSTODIANSHIP OF THE 
NATIONAL CULTURAL TREASURE." 
SEC. 6. The same Act is further amended by inserting after Section 
12 thereof the following new sections, to be known as Sec. 12-A, Sec. 12- 
B, Sec. 12-C, Sec. 12-D, Sec. 12-E and Sec. 12-F which shall read as 
follows: 
SEC. 12-A. THE MAYOR AND THE CHIEF OF POLICE OF CITIES 
AND MUNICIPALITIES IN WHOSE TERRITORIAL JURISDICTION, A 
DISCOVERY OF ARCHAEOLOGICAL AND HISTORICAL ARTIFACTS IS 
MADE, SHALL REPORT TO THE NATIONAL MUSEUM SUCH 
DISCOVERY WITHIN FIFTEEN (15) DAYS AFTER HAVING OBTAINED 
KNOWLEDGE OF SUCH DISCOVERY. THE MAYOR SHALL DIRECT 
THE LOCAL POLICE TO PROTECT SUCH DISCOVERED SITES TO 
PREVENT ILLEGAL EXPLOITATION UNTIL SUCH TIME AS THE 
NATIONALMUSEUMHAVEASSUMEDCUSTODYANDCONTROLOF 
SUCH SITES. 
SEC. 12-8. THE NATIONAL MUSEUM IS HEREBY AUTHORIZED 
TO DEPUTIZE NATIONAL POLICE AUTHORITIES AND THE ARMED 
FORCES OF THE PHILIPPINES IN SPECIFIC LOCALITIES TO ASSIST 
IN THE PROTECTION OF IMPORTANT ARCHAEOLOGICAL SITES 
THAT ARE IN DANGER OF DESTRUCTION. 
SEC. 12-C. THE NATIONAL MUSUEM SHALL MONITOR AND 
REGULATE RESEARCHERS IN THE FIELD OF ARCHAEOLOGY AND 
ANTHROPOLOGY BY FOREIGN RESEARCHERS AND SCIENTISTS. 
FOREIGN ARCHAEOLOGISTS AND ANTHROPOLOGISTS SHALL 
OBTAIN PERMITS FROM THE NATIONAL MUSEUM TO CONDUCT 
RESEACH IN THESE FIELDS IN THE PHILIPPINES. THE NATIONAL 
MUSEUM SHALL INSTITUTE AND 
FORMULATE RULES AND 
REGULATIONS TO IMPLEMENT THIS PROVISION. 
SEC. 12-D. ALL CONSTRUCTIONS WHICH INVOLVE MASSIVE 
EARTH MOVING ACTIVITIES SHOULD PROCURE A CLEARANCE 
FROM 
THE 
NATIONAL 
MUSEUM 
TO 
ENSURE 
THAT 
NO 
ARCHAEOLOGICAL 
SITE 
WILL 
BE 
DAMAGED 
IN 
THE 
CONSTRUCTION. THE EXPENSES TO BE INCURRED IN THE 
SURVEY, IF NECESSARY, SHALL BE BORNE BY THE COMPANY OR 
ENTITY UNDERTAKING THE CONSTRUCTION. 
SEC. 12-E (A). THE NATIONAL MUSEUM MAY ISSUE A PERMIT 
TO EXPLORE FOR AN AREA NOT TO EXCEED THRITY (30) MINUTES 
OF LONGTITUDE AND THIRTY (30) MINUTES OF LATITUDE. 
(B) NO APPLICATION MAY BE GRANTED FOR MORE THAN 
TWO AREAS DESCRIBED IN ITEM (A) FOR EXPLORATION AT ANY 
ONE TIME. 


(C) PERMIT TO EXPLORE SHALL NOT OVERLAP WITH 
EXISTING PERMITS IN TERMS OF AREA COVERED. 
(D) PERMITS TO EXPLORE SHALL BE FOR A PERIOD OF ONE 
(1) YEAR ONLY, RENEWABLE FOR ANOTHER YEAR. 
SEC. 12-F. (A) PERMIT TO EXCAVATE SITES ARE TO BE 
GIVEN ONLY TO SPECIFIC SITES LOCATED BY GIVEN LATITUDES 
AND LONGTITUDES TO THE NEAREST DEGREE. 
(8) PERMITS TO EXCAVATE SHALL BE FOR A PERIOD OF ONE 
(1) YEAR AND RENEWABLE FOR ANOTHER YEAR. 
(C) NO APPLICANT MAY BE GIVEN FOR MORE THAN ONE (1) 
EXCAVATION PERMIT AT ANY GIVEN TIME. 
SEC. 7. Section 16 of the same Act, as amended, is hereby further 
amended to read as follows: 
"SEC. 16. All dealers AND/OR EXPORTERS of cultural properties 
shall secure a license as a dealer AND/OR EXPORTER in cultural 
properties from the Director of the National Museum. SAID DEALERS 
AND/OR EXPORTERS SHALL SUBMIT A QUARTERLY INVENTORY 
OF ITEMS CARRIED TOGETHER WITH A HISTORY OF EACH ITEM: 
PROVIDED, THAT FAILURE TO SUBMIT TWO (2) CONSECUTIVE 
REPORTS SHALL BE A GROUND FOR CANCELLATION OF LICENSE." 
SEC. 8. SEC. 18 of the same Act, as amended, is hereby further amended 
to read as follows: 
SEC. 18. The Director of the National Museum is hereby empowered to 
promulgate rules and regulations for the implementation of the provisions of this 
Act, which rules and regulations shall be given the widest publicity and also shall 
be given directly to known collectors, excavators, archaeologists, dealers, 
exporters and other affected by the Act. [such rules and regulations shall be 
approved by the Secretary of Education]. THE DIRECTOR IS HEREBY 
FURTHER EMPOWERED TO DEPUTIZE THE MILITARY, POLICE, CUSTOMS, 
IMMIGRATION 
AND 
DEPORTATION 
AND 
OTHER 
GOVERNMENT 
AGENCIES, PRIVATE MUSEUMSM FOUNDATIONS AND LIKE ENTITIES FOR 
THE FULL IMPLEMENTATION OF THIS ACT." 
SEC. 9. Section 19 of the same Act, as amended, is hereby amended to 
"SEC. 19. The Museum may collect fees for registration, licenses, 
inspections, certifications, authorization and permits in compliance with 
the provisions of this Act: Provided, That the objects of materials 
attempted [to be concealed from registration or those intended] to be 
exported in violation of this Act shall be confiscated and forfeited to the 
Government: Provided Further, That if the violation is committed by the 
juridical person, the manager, representative, director, agent or employee 
of said juridical person responsible for the Act shall be liable to the 
penalties provided herein." 
read as follows: 
SEC. I O .  Section 20 of the same Act, as amended, is hereby 
further amended to read as follows: 


“SEC. 20. [Penal Provisions] - Any violation of this Act shall, upon 
conviction, subject the offender to a fine of not [more than Ten Thousand 
Pesos] LESS THAN FIFTY THOUSAND PESOS (P50,OOO.OO) NOR 
MORE THAN TWO HUNDRED THOUSAND PESOS (P200,OOO.OO) or 
imprisonment for a term of [not more than two years] NOT LESS THAN 
TWO (2) YEARS NOR MORE THAN EIGHT (8) YEARS or both upon the 
discretion of the court: Provided, That objects or materials attempted [to 
be concealed from registration] or intended to be exported or excavated in 
violation of this Act shall be summarily confiscated and forfeited to the 
National Museum: 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 be liable to the 
penalties provided therein: PROVIDED, FURTHERMORE THAT IF THE 
VIOLATION IS COMMITTED BY A FOREIGN NATIONAL, SAID 
NATIONAL SHALL BE DEPORTED FORTHWITH AFTER HE HAD DULY 
SERVED HIS SENTENCE. 
SEC. 11. The sum of Ten Million Pesos (PlO,OOO,OOO.OO) is hereby 
appropriated out of any funds in the National Treasury, not otherwise 
appropriated, to carry out the provisions of this Act. 
SEC 12. All laws, rules and orders inconsistent with the provisions 
of this Act are hereby repealed or modified accordingly. 
publication in two (2) newspapers of general circulation. 
SEC 13. This Act shall take effect fifteen (15) days after its 
Approved,