Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 1757

INTRODUCED BY

HON. CHRISTOPHER V.P. DE VENECIA, HON. FRANCISCO "KIKO" B. BENITEZ,
HON. KRISTINE SINGSON-MEEHAN, HON. CRISTAL L. BAGATSING, HON.
LOREN LEGARDA, HON. EVELINA G. ESCUDERO, HON. VILMA SANTOS-
RECTO,HON. DAN S. FERNANDEZ, HON. ROSE MARIE "BABY" J. ARENAS, HON.
DEOGRACIAS VICTOR "DV" B. SAVELLANO, HON. MANUEL T. SAGARBARRIA,
HON. VICTOR YAP, HON. SOL ARAGONES,HON. LIANDA B. BOLILIA, HON.
STRIKE B. REVILLA, HON. ANN K. HOFER, HON. ROSANNA "RIA" V. VERGARA,
HON. LUCY TORRES-GOMEZ, HON. WESLIE GATCHALIAN, HON. GERALDINE B.
ROMAN, HON. RUFUS B. RODRIGUEZ, HON. JUAN MIGUEL MACAPAGAL
ARROYO, HON. SHARON S. GARIN, HON. JERICHO JONAS B. NOGRALES, HON.
JOEY SARTE SALCEDA, HON. MARLYN "LEN" B. ALONTE, HON. STELLA LUZ A.
QUIMBO, HON. ALFRED D. VARGAS, HON. JOSE L. ATIENZA JR., HON. JOHN
MARVIN "YUL SERVO" C. NIETO, HON. SHAREE ANN TAN, HON. JOSE ENRIQUE
"JOET" S. GARCIA III, HON. FLORIDA “RIDA” P. ROBES, HON. EDWARD VERA
PEREZ MACEDA, HON. ANGELICA NATASHA CO, HON. JOSE CHRISTOPHER Y.
BELMONTE, HON. JOY MYRA S. TAMBUNTING, HON. LORENZ R. DEFENSOR

AN ACT
STRENGTHENING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS,
ITS COMPOSITION, FUNCTIONS, POWERS, AND MANDATE, AND FOR OTHER
PURPOSES.

EXPLANATORY NOTE

The National Commission for Culture and the Arts (NCA) is the overall policy-
making, coordinating, implementing and grants-giving government body for the
preservation, development and promotion of Philippine culture, arts and heritage.

In line with the Duterte administration’s 10-point socioeconomic agenda,
which includes among others the promotion of “science, technology, and the creative
arts to enhance innovation and creative capacity [of Filipinos] towards self-
sustaining, inclusive development,” and the shifting cultural landscape vis-a-vis the
charter of the NCCA which was institutionalized back in 1992, there is a need to
revisit Republic Act No. 7356 in order to 1) refresh, strengthen, and empower the
commission through the enhancement of its mandate, powers, and functions; 2)
improve and reorganize the NCCA to become more responsive in the implementation
of its cultural, heritage, and creative arts programs; and 3) provide support to the
development of creative arts industries as part of its overall cultural framework.


For the above cited reasons, the passage of the bill is urgently sought.

(N. FRANCISCO. )" B. BENITEZ

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7187

INTRODUCED BY

HON. CHRISTOPHER V.P. DE VENECIA, HON. FRANCISCO "KIKO" B. BENITEZ,
HON. KRISTINE SINGSON-MEEHAN, HON. CRISTAL L. BAGATSING, HON.
LOREN LEGARDA, HON. EVELINA G. ESCUDERO, HON. VILMA SANTOS-
RECTO,HON. DAN S. FERNANDEZ, HON. ROSE MARIE "BABY" J. ARENAS, HON.
DEOGRACIAS VICTOR "DV" B. SAVELLANO, HON. MANUEL T. SAGARBARRIA,
HON. VICTOR YAP, HON. SOL ARAGONES,HON. LIANDA B. BOLILIA, HON.
STRIKE B. REVILLA, HON. ANN K. HOFER, HON. ROSANNA "RIA" V. VERGARA,
HON. LUCY TORRES-GOMEZ, HON. WESLIE GATCHALIAN, HON. GERALDINE B.
ROMAN, HON. RUFUS B. RODRIGUEZ, HON. JUAN MIGUEL MACAPAGAL
ARROYO, HON. SHARON S. GARIN, HON. JERICHO JONAS B. NOGRALES, HON.
JOEY SARTE SALCEDA, HON. MARLYN "LEN" B. ALONTE, HON. STELLA LUZ A.
QUIMBO, HON. ALFRED D. VARGAS, HON. JOSE L. ATIENZA JR., HON. JOHN
MARVIN "YUL SERVO" C. NIETO, HON. SHAREE ANN TAN, HON. JOSE ENRIQUE
"JOET" S. GARCIA III, HON. FLORIDA “RIDA” P. ROBES, HON. EDWARD VERA
PEREZ MACEDA, HON. ANGELICA NATASHA CO, HON. JOSE CHRISTOPHER Y.
BELMONTE, HON. JOY MYRA S. TAMBUNTING, HON. LORENZ R. DEFENSOR

AN ACT
STRENGTHENING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS,
ITS COMPOSITION, FUNCTIONS, POWERS, AND MANDATE, AND FOR OTHER
PURPOSES.

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

SECTION 1. Short Title. - This Act shall be known as the “‘National Commission
‘for Culture and the Arts Act of 2020”

ARTICLE I
DECLARATION OF POLICY

SECTION 2. Declaration of Policy. — It is the policy of the state to preserve and
enrich the dynamic evolution of a Filipino national culture based on the principle of
unity in diversity in a climate of free artistic and intellectual expression. The State
recognizes that culture, being a critical component in nation-building, is a unifying,
humanizing, and modernizing instrument of any society, and the patrimony and
right of every citizen of the Philippines. Thus, the State shall ensure that cultural
education, as a right of every citizen, is inculcated in the development and education
of all Filipinos.


The State shall recognize, respect, and protect the rights of Indigenous as well
as Moro Cultural Communities to preserve and develop their cultures, traditions,
and institutions. It shall consider these rights in the formulation of national plans
and policies and ensure equal access to cultural opportunities through the
educational system, public or private cultural entities, scholarships, grants and
other incentives, and community cultural centers, and other public venues.
Furthermore, the State shall promote the national language of the country while
enhancing and respecting the linguistic diversity of the Philippines.

It is further declared the policy of the State that the arts and letters shall enjoy
the patronage of the State, and shall conserve, promote, and popularize the nation’s
historical and cultural heritage and resources, as well as artistic creations, the State
shall secure and improve the welfare of Filipino artists and cultural workers and
shall place any and all artistic and cultural works under the protection of the State
which may regulate its disposition.

Towards this end, the state shall create a national body which shall develop,
manage and be responsible for the implementation of policy, legislation and strategic
direction for the protection, regulation, preservation, development, management,
dissemination and promotion of the country’s culture, relative to the immense
national resources, patrimony and wealth engendered and amassed through
countless generations and centuries of distinctive Filipino ways of life and
experiences in specific natural and social environments that this represents, and to
facilitate the convergence of various agencies with cultural mandates and rationalize
their organizations and functions.

In view of the foregoing, the government shall also incorporate considerations
of culture in the formulation of appropriate and significant political and economic
policy that will better serve Filipinos and ensure that all Filipinos enjoy full cultural
rights, take full advantage of a dynamic cultural experience, and be inspired,
sustained by, draw from, contribute to, and celebrate the country’s culture.

SECTION 3. Definition of Terms. - For purposes of this Act, the following terms
shall be defined as follow:

a) “Conservation” shall refer to all process and measures of maintaining the
cultural significance of a cultural property, including but not limited to,
preservation, restoration, reconstruction, protection, adaptive re-use or any
combination thereof.

b) “Creative Art” shall refer to the expression or application of human creative
skill and imagination situated within society and history. Creative Arts
include, but is not limited to visual arts, performing arts, music, literature,
design, architecture, film and video, TV and radio, crafts, and advertising.

c) “Culture” shall refer to the set of distinctive spiritual, material, intellectual
and emotional features of society or a social group, that encompasses, not
only art and literature, but lifestyles, ways of living together, value systems,
traditions and beliefs.!

* Derived from the 2001 UNESCO definition of “Culture”


d) “Creative Arts Agencies” shall refer to any of the following national
government agencies within their specific areas of responsibility: Film
Development Council of the Philippines, National Book Development Board,
and National Council for Children’s Television, and other agencies which may
be established in the future, as attached to the National Commission for the
Culture and the Arts, which may have significant relation to Filipino creative
arts.

e) “Cultural Agencies” shall refer to any of the following national government
agencies with their specific areas of responsibility: Cultural Center of the
Philippines, Komisyon sa Wikang Filipino, National Museum of the
Philippines, the National Library of the Philippines, National Historical
Commission of the Philippines, the National Archives of the Philippines and
other agencies which may be established in the future, as attached to the
National Commission for Culture and the Arts, which may have significant
relation to Filipino culture and the arts.

f) “Cultural and Natural Heritage” shall refer to works of man or the combined
works of nature and man. It is the totality of cultural property preserved and
developed through time and passed on to posterity. It includes
archaeological sites which are of outstanding universal value from the
historical, aesthetic, ethnological or anthropological point of view.

g) “Cultural Education” shall refer to the teaching and learning of cultural
concepts and processes. Teaching may be in formal and informal set-up.

h) “Cultural Workers” shall refer to arts and culture practitioners whose
practice may include but not be limited to coordination, management,
research, scholarly work, training, education and advocacy work and has
holistic view on cultural work. 2?

i) “Cultural Property” shall refer to all natural or human creativity products
by which people and nation reveal their identity, including architecture and
sites or human activities and natural history specimens and sites, whether
public or privately owned, movable or immovable, and tangible or intangible.

j) “Grant” shall refer to a financial assistance/award given to eligible
individuals and organizations whose project proposals were selected through
a rigorous evaluation process based on merit such as quality and relevance
to the priorities of the grant-giving agency.

k) “History” shall refer to a written record of past events relating to Philippine
history.

1) “Intangible Cultural Heritage” shall refer to practices, representations,
expressions, knowledge, skills, as well as instruments, objects and artifacts
associated therewith, that communities, groups and individuals recognize as
part of their cultural heritage.

? Being a cultural worker especially in the 80s and 90s had connotations that services are rendered voluntarily.
Though this changed, commitment to cultural work is at the core of a cultural worker. The term was coined in
the 80s when the social and political condition had prompted the artists to do beyond the confines of their art
practice.


ARTICLE I
‘THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS

SECTION 4. Mandates. - The National Commission for Culture and the Arts is
hereby strengthened and shall be the overall policy and plan formulator, coordinator,
implementing and grants- giving agency for the preservation, safeguarding,
conservation, regulation, management, development, and promotion of the
Philippine culture, natural heritage, and creative arts.

In this regard, the Commission shall have the following mandates:

A) To safeguard, develop, and promote Indigenous Cultural Communities
and Moro culture and their various creative expressions;

B) To conserve, safeguard, and develop the Filipino historical and cultural
heritage;

C) To preserve and to integrate traditional culture and its various creative
expressions as a dynamic part of the national cultural mainstream;

D) To protect and promote Filipino cultural and artistic expressions;

E) To actively engage and support the development and promotion of the
Philippine creative arts;

F) To promote the welfare, ensure protection, and uphold the cultural and
artistic and intellectual property rights of the artists, cultural workers,
and the cultural and creative arts professionals;

G) To nurture artistic excellence, recognize outstanding works and
achievements, and ensure integrity of the creative outputs of artistic
creators and cultural workers. To ensure the widest dissemination of
the artistic and cultural products among the greatest number across
the country and overseas.

SECTION 5. Powers and Functions. - To carry out its mandates the Commission
shall exercise the following powers and functions:

A) Establish and strengthen the national cultural database and statistics in
aid of policy formulation and program development;

B) Assume and exercise all existing regulatory and quasi-judicial functions
established under Republic Act No. 10066, or “The National Cultural
Heritage Act of 2009;” and, Republic Act No. 10086 or “Strengthening
Peoples’ Nationalism Through Philippine History Act;” Republic Act No.
9105 or Art Forgery Act of 2001, all authority and responsibilities relative
to National Cultural Treasures and Important Cultural Properties, as
provided by Presidential Decree No. 260; Republic Act No. 4846 as
amended by Presidential Decree 374 and Republic Act No. 8492; and all
regulatory functions transferred to the National Commission for Culture
and the Arts through Republic Act No. 11333 or “National Museum of the
Philippines Act”;


Q
D)

E)

F)

G)

H)

Support and monitor the development and promotion of the cultural,
artistic and creative industries of the country;

Provide administrative supervision to the Philippine High School for the
Creative Arts System, in partnership with the Department of Education;

Set-up a system of networking and coordination with and among all
existing government agencies for the effective implementation of plans and
strategies in compliance with this act;

Coordinate with the local government units in their cultural planning and
implementation as well as monitor their compliance to RA No. 10066;

Exercise administrative supervision over the cultural agencies and devise
cooperative and collaborative partnership in pursuit of the Commission’s
mandate and objectives;

Coordinate with creative arts agencies and devise cooperative and
collaborative partnerships in pursuit of the Commission’s mandate and
objectives.

SECTION 6. Board of Trustees. - The Commission shall be governed by a Board of
Trustees, hereinafter referred to as the “Board”, which shall be composed of the
following members:

A) A Chairperson, who shall be the Chief Executive Officer of the
Commission;

B)

An Undersecretary of the Department of Education;

Cc)

An Undersecretary of the Department of Tourism;

D)

An Undersecretary of the Department of Trade and Industry;
E) An Undersecretary of the Department of Foreign Affairs;

F) An Undersecretary of the Department of Labor and Employment (or
the President of the Creative Economy Council of the Philippines);

G)

‘The Chairperson of the National Commission on Indigenous Peoples

H)

Six (6) cultural workers, professional artists, and creative industry
practitioners from the private sector, representing each of the
different general areas of:

a.) Cultural Heritage Preservation
b.) Cultural Communities

c.) Cultural Heritage Education

d.) Indigenous and Traditional Arts

e.) Performing, Literary, And Allied Arts
f) Creative Industries


SECTION 7. Powers and Functions of the Board of Trustees. — The exercise of
the corporate powers of the Commission is hereby vested exclusively in the Board of

Provided that the six (6) representatives from the private sector
shalll have at least five (5) years’ experience in their respective fields;
provided further that at least three (3) will hail from the academe;
and the other three (3) will be representatives from the business
sector in their respective fields. All of whom are known to be
persons of integrity and probity. They shall be appointed by the
President from the list of recommendations of the Board. The
members from said various sectors shall have a term of three (3)
years, renewable for another three (3) years, and shall not be eligible
for reappointment.

‘Trustees (the Board).

The Board shall have the following specific powers and duties in addition to its
general powers of administration and the exercise of all the powers granted to the
board of directors of a corporation under Section 35 of Republic Act No. 11232,

otherwise known as the Revised Corporation Code of the Philippines:

a)

b)

dq)

Formulate, implement, monitor, and evaluate national policies, plans,
programs, and guidelines for the protection, preservation, safeguarding,
regulation, development, management, dissemination and promotion of
culture and the arts to ensure overall consistency, effectiveness, efficiency,
and conformity with the policies of the State articulated in the Constitution
as well as in this Act and other pertinent laws and issuances;

Strengthen and make visible and accessible the NCCA’s services by
establishing regional offices;

Receive and accept donations and other conveyances including funds,
materials, and services, by gratuitous title;

Administer the endowment funds established under Section 20 of Republic
Act No. 7356, The Law Creating the National Commission for culture and
the Arts;” and Section 50 of Republic Act No. 10066, which are herein
consolidated into a single National Endowment Fund for Culture and Arts
(NEFCA) that shall continue to be sourced and augmented;

Formulate policies and guidelines to ensure the efficient operation of the
Metropolitan Theatre;

Create Regional Culture and Arts Councils and/or advisory committees,
as may be necessary, which shall provide expert and technical advice to
the Commission;

To formulate policies on personnel organization, appointment, promotion,
retention/renewal of contracts, fixing of their compensations, subject to
the Compensation and Position Classification System, removal for just
cause, rewards, incentives and other conditions of employment for the
members of the Secretariat;


h) To approve appointments made and contracts entered into by the Chief
Executive Officer in connection with the hiring and employment of the
members of the Secretariat office.

i) To receive, in trust, legacies, gifts, and donations of real and personal
property of all kinds and to administer the same for the benefit of the
Philippine culture and creative arts.

j) To establish the criteria for the selection, qualification and conferral of
awards on culture and arts, such as, but not limited to, the Order of
National Artists, Order of National Living Treasures, National Cultural
Heritage Award, Dangal ng Haraya, Ani ng Dangal and others as it may
establish in support of its mandate;

k) To enact rules and regulations not contrary to law as may be necessary to
carry out the purposes and functions of the Commission; and

}) To perform any and all other acts incident to or required by virtue of its
creation or as may be assigned or transferred by the President of the
Philippines in accordance with law

SECTION 8. Term of Office and Compensation. ~The Chairperson, who shall also
be the Chief Executive Officer as provided in Sec. 10 of this Act, shall be appointed
by the President of the Philippines and shall serve for a term of six (6) years and may
not be reappointed.

‘The Non-Ex-Officio members of the Commission shall likewise be appointed
by the President of the Philippines and shall serve for a term of three (3) years, but
shall not serve for more than two (2) consecutive terms.

Should the Chairperson and/or the non-ex-officio members fail to complete
their respective terms, their successors shall only be appointed to serve the
unexpired portion of the term. Provided, that such appointment shall not be
considered as a full term.

The Chairperson shall have the same rank, salary, and privileges as those of
a Department Secretary and shall be subject to the qualifications prescribed in this
Act.

Non Ex-officio members of the Commission shall receive representation, travel
and other allowances following the rates of a Salary Grade 10.

SECTION 9. Removal from Office. - The President, upon recommendation of the
Board, may remove the Chairperson and the non-ex-officio members before the end
of their respective terms, for cause and after observance of the proper due process
required by pertinent laws.


ARTICLE Il
‘THE ORGANIZATIONAL STRUCTURE OF THE COMMISSION

SECTION 10. Head of Agency and Management of the Commission. - The
Chairperson shall also be the Chief Executive Officer (CEO) of the Commission. The
Chairperson shall be a natural-born citizen of the Republic of the Philippines, a
person of proven administrative proficiency, independence, knowledgeable of the
different aspects of Filipino culture and heritage and the creative arts. The
Chairperson shall have at least ten (10) years of experience in Filipino culture and
heritage and the creative arts, and must be fully committed to their promotion and
development. As head of the Commission the Chairperson shall have administrative
supervision and control over the members of the Secretariat and the safekeep of
properties of the Commission.

SECTION 11. The Executive Director. - The Executive Director shall be
responsible for the administrative and day-to-day operations of the Commission and
shall have the same rank, salary and privileges as that of an Undersecretary and
shall be appointed by the President upon recommendation of the Board; provided,
no person shall be appointed as Executive Director unless he/she possesses the
qualifications: a Filipino citizen, of good moral character and of unquestionable
integrity, and a degree holder in public administration, management, culture and
arts, or law: provided, further, that no member of the Board shall simultaneously
serve as Executive Director.

The Executive Director shall be assisted by three (3) deputy executive
directors, namely: Deputy Executive Director for Administration and Finance,
Deputy Executive for Operations, and Deputy Executive Director for Policy and
Legislative Affairs, and each shall have the same rank, salary and privileges as that
ofan Assistant Secretary and shall be appointed by the Board upon recommendation
of the Executive Director with qualifications as prescribed by the Civil Service
Commission (CSC).

The Deputy Executive Director for Operations shall be responsible for the
supervision of the bureaus and regional offices while the Deputy Executive Director
for Administration and Finance shall be responsive for all the staff offices and
services of the Commission, and the Deputy Executive Director for Policy and
Legislative Affairs shall be responsible for liaising with Congress and other policy-
making bodies in the areas of policy.

SECTION 12. Bureaus. - The Bureaus of the Commission shall consist of the of the
following:
A) Bureau of Human and Cultural Resource Development

a. Division on Artists and Cultural Workers’ Rights and Welfare - shall
serve as the primary office responsible for the accreditation of artists,
creative workers, guilds and other such organizations. It shall also
endeavor to connect accredited entities with government programs
such as but not limited to social protection, livelihood programs,
capacity building programs, scholarships, grants, healthcare,
marketing and promotional programs, and other programs.

'b. Division on the Indigenous Cultural Communities and Moro People and
their Culture - shall safeguard, preserve and promote the Indigenous


and Moro cultural traditions and their arts, and ensure all research
efforts, tourism programs, and other activities affecting these cultural
communities are nurtured.

c. Awards and Recognition Division - shall be responsible for extending
recognition of outstanding achievements and initiatives through
awards, grants and service to artists, cultural workers, creative
industry professionals, groups and institutions which contribute
significantly to Filipino’s cultural legacy. It shall administer the various
existing awards of the NCA, including the National Performing Arts
Companies Act. Further, it shall ensure the promotion of the awardees
and the documentation, archiving and registry of their works and
provide opportunities for transfer/ sharing of knowledge through arts
residency programs and other mechanisms.

B) Bureau of Arts

a. Arts Division - shall responsible for the continuing and balance
development of various creative expressions to include but not limited
to the following architecture and the allied arts, cinema and media arts,
dance, dramatic arts, music, literary arts, visual arts, and culinary
arts. Further, it shall provide opportunities of continued training of
artists as well as development of audience and patronage for Filipino
artists and their works.

C) Bureau of Cultural and Natural Heritage Properties

a. Cultural Properties Protection and Regulation Division - shall enforce
laws on the protection and regulation of cultural and natural heritage
properties, facilitate the declaration of significant cultural and natural
heritage properties, and regulate the use, exploration, movement, sale,
or exportation of said properties.

b. Cultural and Natural Heritage Properties Registration Division — shall be
responsible for maintaining the Philippine Registry of Cultural and
Natural Heritage Property established by virtue of Republic Act 10066
and in enforcing the provisions under Article V of the same law.

¢. Intangible Cultural Heritage Safeguard Division — shall identify,
research, and document the intangible cultural heritage (ICH) of the
country; Preserve and collate the information into the Philippine
Registry of Cultural Property (PRECUP)}; Assist in the processing and
facilitation of the declaration of significant intangible cultural
properties in the national and international setting; Promote and
ensure the continued safeguarding of ICH; Enhance the public's
understanding and awareness of the country’s ICH through programs
and activities such as but not limited to lectures, exhibitions, seminars,
demonstrations, workshops, and publications.

D) Bureau of Cultural Education and Promotion

a. Cultural Research and Education Division - shall support and
undertake scholarly research into and documentation of Philippine
culture and the arts as well as the significant cultural movements as
well as undertake a systematic collection of statistical and other data


which reflects the state of cultural conditions in the country to serve as.
essential quantitative and qualitative basis for formulating cultural
policies, especially database and statistics of artists, cultural and
creative industry professionals. Further, in coordination with
Department of Education, Commission on Higher Education and the
Technical Education and Skills Development Authority shall establish
and develop an intensified arts education program at all levels of the
educational system, public and private, to ensure meaningful arts,
culture and creative industry integration across the school curriculum
and provide all types of educational programs and activities.

b, Communications, Information and Promotion Division ~ shall be in-
charge of ensuring the widest dissemination of artistic and cultural
products among the greatest number across the country and overseas;
and promote the popularization of information about artistic and
cultural achievements and programs.

cc, Sentro Rizal and International Cultural Affairs Division - shall be
responsible for international cultural exchanges and promotions,
liaison and cooperation with Ministries of Culture, international
cultural agencies, organizations, and other representatives of foreign
governments, including Philippine Foreign Service Posts in
coordination with the Department of Foreign Affairs.

Each of these Bureaus shall be headed by a Bureau Director. The Bureau Director
shall be appointed by the Board upon recommendation of the Chairperson.

SECTION 13. Services. — The Services of the Commission shall consist of the
following:

a) Policy and Planning Division - The Division shall be responsible for the
development and implementation of the policies and plans of the Commission
for the preservation, safeguarding, conservation, development and promotion
of Philippine culture, arts and creative arts.

b) Administrative Division - shall be responsible for the planning and
implementation of comprehensive range of administrative services which
support office operations. These services encompass the areas of assets,
properties and facilities management, efficient procurement, systems and
information management, storage and distribution of supplies, records and
archives management, library services.

©} Human Resource Division — shall be responsible for the administrative,
personnel management and general services, including recruitment,
monitoring of personnel attendance and payroll preparation, preparation of
documents needed for retirement of Officers and members of the Secretariat;
undertake liaison services with other government and non-government
agencies on matters relating to the Secretariat areas of functional interest;
provide career development and training services to the Secretariat; conduct
of personnel performance evaluation; responsible for preparation of reports
relative to activities, efficiencies and deficiencies involving discipline, details,
assignments and other related matters affecting personnel.

d) Finance Management Division - shall be responsible for the day to day financial
management, budgetary and accounting services, cashiering services,


h)

supervision of the control, financial records, distribution and allocation of
funds for operations and services of the Commission, coordinate with the
NEFCA for the funding of the grants and its administrative and logistical
financial requirements.

Legal Affairs Division — the Division shall be responsible of the legal affairs and
matters of the Commission, including providing assistance to the artists and
cultural workers for the protection of their intellectual property rights, and
establishing and maintaining regular coordination with Congress for the
passage of legislative measures, and other related functions as may be
assigned or delegated by the Chairperson.

Grants Management Division - the Grants Office shall facilitate all grants-
related matters for the development, protection, preservation and
dissemination of Philippine culture and the arts; ensure broad access on the
grants, especially by the regions; and ensure appropriate grants review
guidelines and processes, provided, that, the Commission shall be the deciding
body in awarding the grants to applicants.

Grants and Program Monitoring and Evaluation Division — shall be responsible
for the assessment of the performance of grants, programs, projects set up by
the NCCA utilizing predetermined monitoring and evaluation (M&E) measures
to ascertain their merits. With the goal of improving current and future
management of outputs, outcomes and impacts, M&E will enable the NCCA to
use evidence-based results for future decisions.

Furthermore, the division shall ensure the conduct of monitoring as
continuous assessment of an ongoing implementation of a program or project
to determine the progress or delay of activities, and evaluation of its efficiency,
effectiveness, and impact of activities in the light of specified objectives

Inter-Agency Affairs Division - the Division shall be responsible for
coordination of the plans, activities and other concerns of the different
attached agencies and institutions and other partner agencies, institutions
and organizations.

i. Cultural Agencies and Inter-Agencies Cooperation Office - the Cultural
Agencies and Inter-Agencies Coordination Office shall be responsible for
coordination with the national cultural agencies, including but not
limited to the Cultural Center of The Philippines, the National Historical
Commission of The Philippines, the National Museum of the
Philippines, the National Library of the Philippines, Komisyon sa
Wikang Filipino, National Archives of The Philippines, and with other
agencies and departments of the national government, including, but
not limited to, agencies that pertain to the creative arts;

ii, Local Government Unit Cultural Liaison Office - the Local Government
Unit Liaison Office shall determine the baseline data on the status of
local culture and arts councils, existing local culture and arts councils’
programs and projects, quantitative and qualitative assessment of
current and past NCCA projects and programs funded through grants
to the local government units and/or for activities that benefitted local
government units, determine key indicators for successful local
institutionalization of culture and arts policies and programs, and
conduct awareness campaigns for local government units;


SECTION 14. The Regional Culture and Arts Councils. — The Regional Culture
and Arts Councils shall perform the following functions:

A) Assess the general conditions of regional arts, culture, and creative
industries, and propose approaches, including policies and programs that
may be adopted by the Commission;

B) Serve as a forum for the discussion of matters affecting the various areas
of the cultural sector, anchored on the strengthening of linkages, the
exchange of information, and the formulation of coherent guidelines and
policies;

C) Initiate, formulate, and advocate a coordinated and common stand on
significant cultural issues or concerns of the region; and

D) Perform any other advisory function as may be deemed by the
Commission.

‘The Regional Cultural and Arts Council shall be composed of members from the
private sector who are in the fields such as but not limited to architecture, cinema,
dance, dramatic arts, literary arts, music, visual arts, archives, art galleries,
museums, historical research, monuments and sites, libraries, cultural education,
language, communication, design, culinary arts. They shall also include
representatives from the Indigenous Cultural Communities and the Moro People
within the region.

The Regional Culture and Arts Councils shall be grouped into major geographic
clusters of National Capital Region, Luzon, Visayas and Mindanao. The Councils
shall hold office in the NCCA Regional Office. Each cluster shall be headed by a
Commissioner as representative to the NCCA Board.

ARTICLE IV
THE REGIONAL OFFICES OF THE COMMISSION

SECTION 15. Regional Offices. - The board is hereby authorized to establish,
operate and maintain and establish Regional Offices as it may deem necessary.

Each Regional Office shall be headed by a Regional Director, who may be assisted by
one (1) Assistant Regional Director. The Regional Director and Assistant Regional
Director shall be appointed by the Board upon the recommendation of the Executive
Director. Provided, that they shall be persons recognized as an accomplished
manager, advocate, scholar or practitioner in fields of endeavor related to Philippine
culture in the region, or any suitably qualified person in the manner provided for by
law for Career Executive Service Officers of the same rank.

It may also establish satellite, extension or field offices when and wherever necessary,
particularly in locations where significant cultural and heritage properties and
concerns are identified to exist, and to support the operations, programs and projects
of its attached and other concerned agencies and institutions. A Regional Cluster
Office shall have, within its administrative region, the following functions:

A) Implement laws, policies, plans, programs, rules and regulations of the
Commission or agency in the Regional area;

B) Undertake research and gather data on local culture and arts trends and other
relevant cultural and artistic information;


C) Cause to establish and/or coordinate with the local culture and arts councils
(as far as the city and municipal level) to engage participation of local artists
and cultural workers;

D) Coordinate with regional offices of other departments, bureaus and agencies
in the area;

E) Coordinate with local government units in the area;

F) Make recommendations to the Executive Director on all matters relating to
culture and arts in the region; and,

G) Perform such other functions as may be provided by law.

SECTION 16. Duties of a Regional Director. - The Regional Director shall
perform duties and functions as may be provided by law or further delegated by the
head of agency or other proper authorities concerned.

ARTICLE V
THE METROPOLITAN THEATER

SECTION 17. The Metropolitan Theater. - The Board shall ensure the efficient
operation of the Metropolitan Theater and therefore will be in charge of planning
and implementation. It shall be empowered to receive grants, donations and retain
income generated by the use of the theater. The Commission will establish a
‘Theater Operations Division or an independent body to operationalize the plan. The
Theater shall be headed by a Theater Manager with the same rank, salary and
privileges as that of a Director III and shall be appointed by the Commission upon
recommendation of the Executive Director, provided, no person shall be appointed
as Theater Manager unless he/she possesses the qualifications as prescribed by
the Commission.

ARTICLE VI
‘THE ATTACHED AGENCIES AND INSTITUTIONS

SECTION 18. Attached Agencies and Institutions. - The following cultural
agencies and institutions shall be attached to the Commission:

A) The National Museum of the Philippines
B) The National Historical Commission of the Philippines
C) The National Archives of the Philippines

D) The National Library of the Philippines

E) Cultural Center of the Philippines

F) Komisyon sa Wikang Filipino

G) Film Development Council of the Philippines

H) National Book Development Board

1) National Council for Children’s Television

While the above agencies and institutions shall continue to operate and function
in accordance with their respective charters or laws, they shall periodically report to


the Commission on the progress of their programs and projects. The Commission
shall devise such cooperative and collaborative arrangement and working
relationship with the attached agencies to ensure their involvement and participation
as active partners of the Commission in the pursuit of its mandate and objectives
under this Act.

ARTICLE VII
NATIONAL ENDOWMENT FUND FOR CULTURE AND THE ARTS

SECTION 19. The National Endowment Fund for Culture and Arts. - The
existing National Endowment Fund for Culture and Arts as provided in Section 20
of Republic Act 7356 and the National Endowment for Culture and the Arts
provided in Section 50 of Republic Act 10066 shall be consolidated into a single
National Endowment Fund for Culture and the Arts (the Fund). The Fund shall
continue to be utilized exclusively for Philippine art and cultural programs, projects
and activities that the Board may approve in furtherance of the Commission’s
mandate.

a) The contribution of the Fund shall be from the ten percent (10%) of the
travel tax collection, the share to be taken from the annual allotment of
the travel tax given to the Tourism Infrastructure and Enterprise Zone
Authority.

b) Government corporations are hereby authorized to give grants to the Fund
but not to exceed fifteen percent (15%) of their unimpaired surplus;

c) The Commission may generate funds through donations, fund-raising
activities and other conveyances including funds, materials, property and
services, by gratuitous title;

d) For the sound and judicious management of the Fund, the Board shall
appoint a reputable government-accredited investment institution as Fund
Manager, subject to guidelines promulgated by the Commission;

¢) The Board shall prepare implementing guidelines and decision-making
mechanisms, subject to the following:

i. unless otherwise stipulated by the private donor, only earnings of
private contributions shall be used;

ii, no part of the seed capital of the Fund, including earnings, thereof,
shall be used to underwrite overhead expenses for administration;

iii, not more than twenty percent (20%) of the Government's annual
contribution to the Fund shall be devoted to administrative
functions of the Commission; at least ten percent (10%) shall be
earmarked as part of the fund's capital, and the balance shall be
used for its programs and projects;

iv. The Board shall organize a NEFCA office to be headed by a
Comptroller or Financial Management Director appointed by the
Commission and directly responsible and accountable to the same
and shall be responsible for the sound, judicious and efficient


management and investment of the Fund;

v. There shall be an external auditor to perform an annual audit of its
performance;

The Fund shall be exempt from pre-audit by the Commission on
Audit.

ARTICLE VU
RETENTION OF INCOME AND DISPOSITION OF DONATED FUNDS

SECTION 20. Retention of Income and Disposition of Funds. ~The Commission
is hereby authorized to retain the entirety of its income from all sources of its
operations, and to expend the same for any purpose in benefit of the Commission as
may be authorized by the Board, in accordance with this Act and other laws pertinent
to the Commission and any special provisions as may be provided for in the General
Appropriations Act for any given fiscal year. Such income shall be placed in a
dedicated National Endowment Fund for Culture and the Arts, and may accumulate
for disbursement in future fiscal years.

ARTICLE IX
EXEMPTION FROM TAXES, DUTIES AND FEES AND CHARGES

SECTION 21. Exemption from Taxes, Duties, Fees, and Charges. - The
Commission shall be exempt from the payment of taxes, fees, and charges imposed
by the National government and its political subdivisions, agencies, and
instrumentalities.

All donations in any form to the Commission shall be exempt from the donor's tax
and the same shall be considered as allowable deduction from the gross income in
the computation of the income tax of the donor, in accordance with the provisions of
Republic Act No. 8424, otherwise known as the “National Internal Revenue Code of
1997”, as amended.

Importation of items, materials and goods of any kind, whether owned by, leased,
donated or loaned to the Commission, for the implementation, performance or
execution of its mandate shall be exempt from customs and duties; Provided, such
items, materials and goods shall be imported under the name of the Commission;
Provided further, the Commission shall be in possession of such imported items,
materials and goods for five (5) years or for the duration of the loan or lease, whichever

is appropriate.

ARTICLE X
FINAL PROVISIONS

SECTION 22. Appropriations. - The amount necessary to cover the initial
implementation of this Act shall be charged against the appropriation of the
Commission under the General Appropriations Act. Thereafter, such sums as may be
necessary for its continued implementation shall be included in the annual General
Appropriations Act.

SECTION 23. Reorganization. - Within one hundred twenty (120) days from the
effectivity of this Act, the Board shall reorganize the structure of the Commission,
including its staffing pattern in order to carry out the functions pursuant to the


expanded mandate and functions of the Commission.

The preparation and approval of the said new organizational structure and staffing
pattern shall, as far as practicable, respect and ensure the security of tenure and
seniority rights of the current employees of the Commission.

The existing organizational structure and staffing pattern of the Commission shall
be amended to integrate the provisions of this Act: Provided, such amendments in
the organizational structure and staffing pattern of the Commission shall be in
accordance with Republic Act No. 6656, or the “Government Reorganization Law.”

SECTION 24. Transitory Provisions. - All assets, fixed, real and movable, and all
contracts, records, and documents relative to the operations of the Commission shall
remain under the control and disposition of the Commission for utilization in
accordance with its mandate.

SECTION 25. Implementing Rules and Regulations. - The Commission, in
consultation with other agencies mentioned in this Act, shall promulgate its
implementing rules and government regulations within ninety (90) days after the
effectivity of this Act.

SECTION 26. Separability Clause. - Any portion or provision of this Act that may
be declared 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

SECTION 27. Repealing Clause. - All laws decrees, orders, issuances, rules and
regulations which are inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SECTION 28. Effectivity Clause. - This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in two (2) national newspapers of general
circulation.

Approved,