[ REPUBLIC ACT NO. 11961, August 24, 2023 ]
AN ACT STRENGTHENING THE CONSERVATION AND PROTECTION OF PHILIPPINE CULTURAL HERITAGE THROUGH CULTURAL MAPPING AND ENHANCED CULTURAL HERITAGE EDUCATION PROGRAM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10066, OTHERWISE KNOWN AS THE "NATIONAL CULTURAL HERITAGE ACT OF 2009"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Republic Act No. 10066, otherwise known as the "National Cultural Heritage Act of 2009," is hereby amended to read as follows:
"SECTION 1. Short Title. - x x x."
"ARTICLE I
PRINCIPLES AND POLICIES
SEC. 2. Definition of Principles and Policies. - x x x."
"ARTICLE II
DEFINITION OF TERMS
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall be defined as follows:
(a) 'Adaptive reuse' shall refer to the utilization of buildings, other built structures, and sites of value for purposes other than those for which they were originally intended, in order to conserve the site, their engineering integrity and authenticity of design;
(b) 'Anthropological site' shall refer to any location where studies of specific ethnolinguistic groups are undertaken and whose properties contribute to the nation's cultural heritage;
(c) 'Antique' shall refer to a cultural property found locally which is at least one hundred (100) years old, the production of which has ceased;
(d) 'Archaeological site' shall refer to any location containing fossils, artifacts, and other cultural, geological, botanical, and zoological materials, that depict and document culturally relevant paleontological, prehistoric, or historic events, whether above or below ground, underwater, or at sea level, as declared by law or the pertinent cultural agency or agencies'
(e) 'Archives' shall refer to public and private records in any format that have been selected for permanent preservation because of their evidential, historical, and informational value; also known as archival materials collections or archival holdings; a place (building/room/storage area) where archival materials are kept and preserved; or an organization or agency, also known as archival agency, or part thereof whose primary responsibility is to appraise, arrange, describe, conserve, promote and mate archival materials available for reference and research;
(f) 'ASEAN heritage parks' shall refer to protected areas recognized by ASEAN to be of high conservation importance, preserving in total a complete spectrum of representative ecosystems of the ASEAN Region. They are established to generate greater awareness, pride, appreciation, enjoyment and conservation of ASEAN's rich natural heritage, through a regional network of representative protected areas, and to generate greater collaboration among the ASEAN member states in preserving their shared natural heritage;
(g) 'Built heritage' shall refer to architectural and engineering structures such as, but not limited to, bridges, government buildings, houses of ancestry, traditional dwellings, quartels, train stations, lighthouses, small ports, educational, technological and industrial complexes, and their settings and landscape with notable historical and cultural significance;
(h) 'Collector' shall refer to any person who or institution that acquires cultural property for purposes other than sale;
(i) 'Commission', when used singly, shall refer to the National Commission for Culture and the Arts (NCCA);
(j) 'Conservation' shall refer to all processes and measures for maintaining the cultural significance of a cultural property, including but not limited to, preservation, restoration, reconstruction, protection, adaptation, or any combination thereof;
(k) 'Conservation Management Plan (CMP)' shall refer to the main guiding document for the conservation and management of immovable cultural properties. It states what is significant about a place and consequently what policies and actions are appropriate which enable that significance to be retained in its future use and development;
(l) 'Cultural agencies' shall refer to the following national government agencies: the NCCA; National Museum of the Philippines (NMP); National Library of the Philippines (NLP); National Historical Commission of the Philippines (NHCP); National Archives of the Philippines (NAP); Cultural Center of the Philippines (CCP) and Komisyon sa Wikang Filipino (KWF);
(m) 'Cultural education' shall refer to the teaching and learning of cultural concepts and processes;
(n) 'Cultural heritage' shall refer to the totality of cultural property that has been preserved and developed over time and passed on to future generations;
(o) 'Cultural heritage worker' shall refer to an individual engaged in cultural heritage work;
(p) 'Cultural institution' shall refer to entities primarily engaged in cultural work;
(q) 'Cultural mapping' shall refer to the identification, recording, and use of cultural resources of communities. It is a systematic set of activities and methodological processes for discovering, documenting, analyzing, interpreting, presenting, and sharing information related to people, communities, societies, places, and their material products, practices, and narratives;
(r) 'Cultural property' shall refer to all products of human creativity by which a people and a nation reveal their identity, including churches, mosques and other places of religious worship, schools, and natural history specimens and sites, whether owned publicly or privately, movable or immovable, or tangible or intangible;
(s) 'Dealers' shall refer to natural or juridical persons who acquire cultural property for the purpose of engaging in the acquisition and disposition of the same;
(t) 'Gabaldon school buildings' shall refer to school buildings designed by American Architect William Parsons and funded through Act No. 1801 authored by Assemblyman Isauro Gabaldon;
(u) 'Global geoparks' shall refer to single, unified geographical areas where sites and landscapes considered by UNESCO of international geological significance, managed with a holistic concept of protection, education, and sustainable development;
(v) 'Heritage houses' shall refer to houses of ancestry of notable historical, cultural, social, architectural, and artistic value and significance, as declared by the NHCP;
(w) 'Heritage trees' shall refer to trees that share common and extensive histories with the people with whom and place in which they are found, as determined by the pertinent cultural agency or agencies;
(x) 'Heritage zone' shall refer to historical, anthropological, archaeological, and artistic geographical areas and settings that are culturally significant to the national and declared as such by law or the pertinent cultural agency or agencies;
(y) 'Historic place names' shall refer to a place name that has been in existence for at least fifty (50) years and has become historic over time;
(z) 'Historic site' shall refer to a place declared by the NHCP to have important historic significance;
(aa) 'History' shall refer to a written account of past events in Philippine history;
(bb) 'Important cultural property' shall refer to a cultural property that has exceptional cultural, artistic, and historical significance to the Philippines, and has been officially declared as such by law or the pertinent cultural agency or agencies;
(cc) 'Intangible cultural heritage/' shall refer to the practices, representations, expressions, knowledge, and skills, and the instruments, objects, and artifacts associated therewith that communities, groups, and individuals recognize as part of their cultural heritage, such as: (1) oral traditions, languages, and expressions; (2) performing arts; (3) social practices, rituals, and festive events; (4) knowledge and practices concerning nature and the universe; (5) traditionally craftsmanship; and (6) customary systems for justice and child welfare;
(dd) 'Intangible cultural property' shall refer to peoples' learned processes, along with the knowledge, skills and creativity informed and developed by them, the products created, and the resources, spaces, and other aspects of social and natural context that are necessary for sustainability;
(ee) 'Library' shall refer to an institution where the collection of books, manuscripts, computerized information, and other materials is organized to provide physical, bibliographic, and/or intellectual access to the public, with a librarian who is trained to provide services and programs related to the information needs of its clientele;
(ff) 'Marked structure' shall refer to sites with a marker from a cultural agency;
(gg) 'Memory of the World Register' shall refer to documentary heritage inscribed by UNESCO because of its international significance and its outstanding universal value. This includes documentary universal value. This includes documentary heritage listed in the International Register, Memory of the World Committee for Asia and the Pacific Regional Register, and National Register. Inscription in these registers publicly affirms the significance of the documentary heritage, makes it better known and allows for greater access to it, thereby facilitating research, education, entertainment, and preservation over time;
(hh) 'Museum' shall refer to a permanent institution that researches, acquires, preserves, communicates, and exhibits material evidence of humans and their environment for educational and recreational purposes;
(ii) 'National cultural treasure' shall refer to a unique cultural property found locally possessing outstanding historical, cultural, artistic, and/or scientific value, is highly significant and important to the country and nation, and has been officially declared as such by law or the pertinent cultural agency or agencies;
(jj) 'National historical landmarks' shall refer to sites or structures that are associated with events or achievements significant to Philippine history, as declared as such by law or the NHCP;
(kk) 'National historical monuments' shall refer to structures that honor illustrious persons or commemorate events of historical value, as declared as such by law or the NHCP;
(ll) 'National historical shrines' shall refer to historic sties or structures hallowed and revered for their history or association, as declared as such by law or the NHCP;
(mm) 'Nationally significant' shall refer to historical, aesthetic, scientific, technical, social, and/or spiritual values that unify the nation by a deep sense of pride in their diverse yet common identities, cultural heritage, and national patrimony;
(nn) 'Natural heritage' shall refer to flora and fauna, physical, geological, and physiographical formations of the environment, whether terrestrial, wetland, or marine, and the ecosystem with which particular communities have had long-term relationships;
(oo) 'Natural property of cultural significance' shall refer to natural heritage property of cultural significance for its tangible or intangible cultural heritage, whether or not covered by the Expanded National Integrated Protected Areas System (ENIPAS) Act of 2018 (Republic Act No. 11038) or by other environmental laws;
(pp) 'NCCA Portal Cultural Databank' shall refer to the specific domain in the Commission's online database where digitized cultural maps are lodged for public information, scientific research, and academic purposes. It includes the Philippine Registry of Heritage;
(qq) 'Prehistory' shall refer to the period of human history preceding the introduction of the forms of writing;
(rr) 'Reconstruction' shall refer to returning a cultural property, or a portion thereof, to a known earlier state by adding new materials, forms, methodologies, and technology. This shall include: (1) re-creation, or the in situ creation of a presumed earlier state based on surviving evidence from the place and other sites, and on deductions derived from such evidence using new materials; and (2) replication, or the construction of a copy;
(ss) 'Registry' shall refer to the Philippine Registry of Heritage which is a repository of the listings, documentations, and statements of significance of all cultural properties of the country deemed locally and nationally significant;
(tt) 'Restoration' shall refer to the repair of a cultural property to its original condition using appropriate materials, methodologies, forms, and technology;
(uu) 'Tangible cultural property' shall refer to a cultural property with historical, archival, anthropological, archaeological, artistic, and architectural value, and with exceptional or traditional production, whether of Philippine origin or not, including antiques and natural history specimens with significant value;
(vv) 'UNESCO lists of intangible cultural heritage' shall refer to the (1) representative list of the intangible cultural heritage of humanity and (2) list of intangible cultural heritage in need of urgent safeguarding. Intangible heritage elements in the lists include representations, expressions, knowledge, and skills, and the instruments, objects, artifacts and cultural spaces associated therewith that UNESCO recognizes to be of international significance;
(ww) 'Wetlands of international importance or Ramsar Sites' shall refer to representative, rare or unique wetlands, or wetlands that are important for conserving biological diversity that are recognized by the Ramsar Convention on Wetlands in its list of wetlands of international importance on account of their international significance in terms of ecology, botany, zoology, limnology, or hydrology;
(xx) 'World Heritage Sites (WHS)' shall refer to cultural and natural heritage properties considered to be of outstanding universal value to humanity that are inscribed in the UNESCO World Heritage List. State parties recognize their duty of ensuring the identification protection, conservation, presentation, and transmission of these properties to future generations and will do all it can to this end, to the utmost of its own financial, artistic, scientific and technical resources;
(yy) 'World Heritage Tentative List' shall refer to the inventory of properties submitted to UNESCO which each State party intends to consider for nomination to the World Heritage List; and
(zz) 'World Network of Biosphere Reserves' shall refer to the list of terrestrials, marine, and coastal ecosystems considered by UNESCO to be of world significance. Biosphere reserves are learning places for sustainable development and sites for testing interdisciplinary approaches to understanding and managing changes and including conflict prevention and management of biodiversity."
"ARTICLE III
CULTURAL PROPERTY AND NATURAL
PROPERTY OF CULTURAL SIGNIFICANCE
SEC. 4. Categories. - The cultural property and natural property of cultural significance of the country shall be categorized as follows:
(a) Grade I Level: National cultural treasures; national historical shrines; national historical monuments; national historical landmarks; and WHS and other cultural and natural heritage properties or elements inscribed or designated by international convention including, but not limited to, UNESCO lists of intangible cultural heritage, Memory of the World, World Network of Biosphere Reserves, global geoparks, wetlands of international importance, and ASEAN heritage Parks;
(b) Grade II Level: Important cultural property and natural property of cultural significance; heritage zones; archaeological sites; heritage houses; historic sites; all Gabaldon school buildings; other marked structures; and heritage trees; and
(c) Grade III Level: All other cultural property and natural property of cultural, significance in the Philippine Registry of Heritage.
SEC. 5. Cultural Property Considered Important Cultural Property. - x x x
SEC. 6. World Heritage Sites.- x x x.
SEC. 7. Privileges for Cultural Property. - All cultural properties declared as Grade I or Grade II Level shall be entitled to the following privileges:
(a) Priority government funding for protection, conservation, and restoration;
(b) Incentive for private support of conservation and restoration through the Commission's Conservation Incentive Program for Grade I and Grade II Level cultural properties;
(c) An official heritage marker to be placed by the pertinent cultural agency indicating the official designation of the cultural property;
(d) Priority government protection for all Grade I or Grade II Level cultural properties in times of armed conflict, natural disasters, and other exceptional events that endanger the cultural heritage of the country; and
(e) Priority protection from modification or demolition resulting from all government projects. Government projects that may potentially affect the integrity of any Grade I or Grade II Level cultural property must consult with the Commission at the planning stages.
SEC. 8. Procedure for Declaration or Delisting of Grade I and Grade II Level Cultural Properties. - The procedure in declaring as well as in delisting a cultural property as a Grade I or Grade II Level cultural property shall be as follows:
(a) A declaration or a delisting of a cultural property shall commence upon the filing of a petition by the owner, stakeholder, or any interested person, with the Commission which shall refer the matter to the appropriate cultural agency;
(b) Upon verification of the suitability of the property as a Grade I or Grade II Level cultural property or the prima facie sufficiency of the argument for its delisting, the cultural agency concerned shall send a notice of hearing to the owner and stakeholders. Stakeholders, including, but not limited to, local government units (LGUs), local culture and arts council, local tourism councils, nongovernment conservation organizations, and schools, may be allowed to file their position papers in support or in opposition to the petition;
(c) The owner and the stakeholders shall file their position paper within fifteen (15) days from receipt of the notice of hearing, furnishing all the parties, including the appropriate cultural agency, with a copy of such position paper. Extensions may be allowed, but in no case shall the extension period exceed more than thirty (30) days;
(d) In cases where the petition was not filed by the owner, the petitioner shall file his or her own position paper within fifteen (15) days from receipt of the owner's or any stakeholder's position paper. Thereafter, no further submissions shall be allowed; and
(e) The appropriate cultural agency shall have a maximum of ninety (90) days from the deadline of the submission of all the position papers within which to render its decision, in writing, on the application.
The above provisions shall not apply to the delisting of cultural properties which are covered and protected under existing laws.
SEC. 9. Right of First Refusal on the Sale of National Cultural Treasures. - x x x.
SEC. 10. Licensing of Dealers of Cultural Property. - x x x.
SEC. 11. Dealings of Cultural Property. - x x x."
"ARTICLE IV
HERITAGE ZONES
SEC. 12. Designation of Heritage Zones. - x x x.
SEC. 13. Maintenance of Heritage Zones. - x x x."
"ARTICLE V
REGISTRATION AND PRESERVATION OF CULTURAL
PROPERTY AND NATURAL PROPERTY OF CULTURAL
SIGNIFICANCE
SEC. 14. Establishment and Maintenance of a Philippine Registry of Heritage. - All cultural properties and natural properties of cultural significance shall be registered in the Philippine Registry of Heritage. Information regarding private ownership of registered cultural properties and natural properties of cultural significance shall remain confidential in accordance with Republic Act No. 10173 of "The Data Privacy Act of 2012".
The Commission, through the appropriate cultural agencies and LGUs, shall establish and maintain this Registry. The guidelines in the registration of cultural property and natural properties of cultural significance are as follows:
(a) All cultural agencies concerned shall individually maintain an inventory, evaluation, and documentation of all cultural properties and natural properties of cultural significance declared according to their category and shall submit the same to the Commission. For cultural property declared as Grade I or Grade II Level, the appropriate cultural agency shall, after registration, give due notice to the concerned Registry of Deeds for annotation on the land titles pertaining to the same;
(b) LGUs shall likewise maintain an inventory of cultural property and natural properties of cultural significance under their jurisdiction and shall furnish the Commission a copy of the same;
(c) The cultural agencies and LGUs concerned shall continuously coordinate in monitoring and updating their respective cultural property and natural properties of cultural significance inventories. The Commission shall provide LGUs with technical and financial assistance for the inventory and updating of locally and nationally declared cultural properties and natural properties and natural properties of cultural significance and tangible and intangible heritage;
(d) All govenrment agencies and instrumentalities government-owned and/or -controlled corporations and their subsidiaries, including public educational institutions, shall report their ownership and/or possession, and disposition of such items to the pertinent cultural agency and shall register such properties; and
(e) Private collectors and owners of cultural property and natural properties of cultural significance shall register such properties. The private collectors and owners of cultural property and natural properties of cultural significance shall not be divested of their possession and ownership thereof even after registration of said property as herein required.
Information on registered cultural properties and natural properties of cultural significance owned by private individuals shall remain confidential and may be given only upon prior consent of the private owner.
The Commission shall operate the Registry in the NCCA portal cultural databank.
The inclusion in the Registry of the cultural properties and natural properties and natural properties of cultural significance belonging to the indigenous cultural communities or indigenous peoples (CCs/IPs) shall be subject to prior consultation with ICCs/IPs and to their free, prior and informed consent (FPIC) as provided in Section 16 of this Act.
SEC. 15. Cultural Mapping by LGUs. - LGUs are hereby mandated to conduct a comprehensive cultural mapping of their areas of jurisdiction. They shall mobilize and establish partnerships with concerned government agencies to ensure the prompt and effective implementation of the provision of this Act. They may seek assistance from nongovernment organizations, cultural organizations, and academic and private institutions in undertaking cultural mapping activities: Provided, That said institutions adhere to the guidelines set forth by the Commission. All relevant data must be submitted for registration in the Philippine Registry of Heritage for purpose of research, regulations, planning, and policy-making of the Commission, among other.
The results of cultural mapping projects shall be submitted to the Commission and copies thereof shall be furnished to the NAP and the community's local archives for access and safekeeping.
LGUs shall coordinate with the Commission and with cultural organizations and agencies for the conduct of cultural mapping, including the following:
(a) Commission on Higher Education (CHED) for the institution of cultural awareness in state universities and colleges and the strengthening of their research programs and culture, heritage, arts, and history courses that impact on community development;
(b) Department of Agriculture (DA) for the documentation of heritage crops, products, technologies, agricultural heritage systems, and food sources that sustain the local indigenous communities, and inventory of natural and non-traditional fibers and their processes and utilization;
(c) Department of Education (DepEd) for the institution of cultural awareness in basic education; capacity-building program for teachers in mapping the heritage resources of locl communities and cultural pedagogy; and localization and contextualization of educational material and content based on the locality's cultural profile to cultivate awareness and priced in a community's cultural identity;
(d) Department of Environment and Natural Resources (DENR) for the inventory of national parks and areas that are habitats of endemic species and unique biodiversity; enforcement for the protection and conservation of natural heritage sites; research on the ecosystem services of the environment to the lives of the people; and promotion of the concept of cultural landscape for sustainable development;
(e) Department of Foreign Affairs (DFA) for the enhancement of Philippine cultural diplomacy, participation in the conventions and programs of UNESCO possible technical assistance from bilateral and multilateral partners;
(f) Department of Information and Communications Technology (DICT) for the development of information and communications technology suitable for improving public access, resource sharing, and dissemination of cultural heritage information;
(g) Department of the Interior and Local Government (DILG) for the promotion among local governments of the value of preserving the country's heritage sites and zones through the provision of capacity-building programs for local chief executives and sanggunian members on culture-based governance;
(h) Department of National Defense (DND) for building awareness on Philippine culture, heritage, and history as basis for conflict settlement; the institution of a culture-based approach in the trauma counseling process; and documentation of resiliency-related activities of communities during disasters and calamities;
(i) Department of Public Works and Highways (DPWH) for building awareness on cultural heritage sensitivity, and institution of guidelines for its programs as they impact heritage zones and sites;
(j) Department of Science and Technology (DOST) for application of research in conservation of materials and structures; inventory on natural resources of dyes; traditional textiles and apparel materials, designs, techniques, processes and machines; and the conduct of pertinent research on and development of innovations for the country's textile industry;
(k) Department of Tourism (DOT) for the formulation and implementation of tourism development plan, culture-based programs and creative industry-based programs for tourism sites, in compliance with Republic Act No. 11904 or the Philippine Creative Industries Development Act, and National and World Heritage-declared sites, and capacity-building programs designed to develop cultural sensitivity and competence in the tourism sector;
(l) Department of Trade and Industry (DTI) for the inventory and development of cultural heritage-based products, creative industry-based goods and services, and entrepreneurship programs, and the adoption of culturally-sensitive trade fairs and promotion programs;
(m) Film Development Council of the Philippines (FDCP) for the protection, preservation, and digitalization of film negatives and prints, audiovisual content and elements and non-film archival materials, including story outlines, screenplays, sets, photos, posters, and documents on the creation and distribution of cinematic works;
(n) National Commission on Indigenous Peoples (NCIP) for the provision of support for IP-driven documentation, inventory, and publication of all information about the origin and history of ICCs/IPs, settlement patterns and ancestral domains, population and social diaspora, governance and political systems including customary laws, indigenous political structures, justice and peace pact systems, conflict resolution and decision-making mechanisms, social organization and kinship, economy and technology, spiritual beliefs and rituals, life cycle customs and traditions, material culture, medicinal knowledge and sciences, indigenous climate change mitigation and adaptation, and other attributes of their ethnicity, life situations, and worldviews on the interrelationships with the Creator, land and environment, and other people, utilization of cultural heritage resources and activities for the empowerment of ICCs/IPs; and for the integration of indigenous knowledge systems, skills and practices in the national development agenda.
In all cases where cultural mapping activity affects ancestral domain, the ICC/IP concerned shall be consulted in accordance with existing laws, rules and regulations and Section 16 of this Act;
(o) UNESCO National Commission of the Philippines (UNACOM) of the DFA for the monitoring of properties in the World Heritage List, World Heritage Tentative List, Lists of intangible cultural heritage, World Network of Biosphere Reserves, and global geoparks;
(p) Bangsamoro Commission for the Preservation of Cultural heritage - Bangsamoro Autonomous Region in Muslim Mindanao (BCPCH-BARMM) for the history, culture, arts traditions, and the rich cultural heritage of the Bangsamoro people and the non-Moro indigenous peoples of the BARMM; and
(q) Philippine Institute of Traditional and Alternative Health Care (PITAHC) of the Department of Health for the research, documentation, and inventory of Philippine traditional medicine and practices in health; and for the research on and further development of traditional herbal medicine and herbal products.
SEC. 16. Cultural Mapping by ICCs/IPs. - ICCs/IPs shall, in the exercise of their rights to self-governance, empowerment, and cultural integrity, have every right to conduct a comprehensive cultural mapping of their tangible and intangible heritage, whether or not located within their ancestral lands/domains. They may seek assistance from nongovernment organizations, cultural organizations, academic and private institutions in the undertaking of cultural mapping activities. ICCs/IPs shall coordinate with the agencies listed in Section 15 of this Act in relation to their respective mandates. The NCIP and the Commission shall provide necessary regulations to govern these activities and shall support ICCs/IPs by providing necessary resources. The ICCs/IPs shall also have every right to determine whether their cultural map shall be entered in whole or in part into the Philippine Registry of Heritage.
SEC. 17. Cultural Mapping, Research, and Planning Division. - There shall be created a Cultural Mapping, Research, and Planning Division in the Commission which shall be headed by a Division Chief. The office shall be the repository of the cultural mapping outputs and other cultural and arts-related research and shall facilitate the conduct of technical assistance and capacity-building workshops and coordination with LGUs and other sectors and communities in need of such.
SEC.18. Conservation of Cultural Property. - x x x.
SEC. 19. Documentation and Preservation of Traditional and Contemporary Arts. - x x x.
SEC. 20. Systematic Research in Natural History. - x x x.
SEC. 21. Heritage Agreements. - x x x.
SEC. 22. National Inventory of Intangible Cultural Heritage. - x x x.
SEC. 23. Immovable National Cultural Treasures. - x x x.
SEC. 24. Indigenous Properties. - x x x.
SEC. 25. Renaming of Historic Place Names. - Historic place names such as, but not limited to, geographic names, streets, parks, buildings, shrines, landmarks, monuments, sties, and other public spaces shall not be allowed to be renamed by a local legislation, unless approved by the NHCP, and only after due hearing on the matter. Furthermore, for changes of names done to historic place names prior to the effectivity of this Act, the NHCP may direct the LGUs to restore their original names after due hearing."
"ARTICLE VI
REGULATING THE EXPORT, TRANSIT, IMPORT AND
REPATRIATION OF CULTURAL PROPERTY
SEC. 26. Export of Cultural Property. - x x x.
SEC. 27. Repatriation Claims and Agreements. - x x x.
"ARTICLE VII
POWERS OF THE COMMISSION
SEC. 28. Power to Issue a Cease and Desist order. - x x x.
SEC. 29. Power to Issue Compulsory Repair Order. - x x x.
SEC. 30. Visitorial Powers. - x x x.
SEC. 31. Power to Deputize Other Government Agencies. - x x x.
SEC. 32. Power to Recover Cultural Properties. - x x x.
SEC. 33. Anthropological Research and Archaeological Exploration/Excavation. - x. x x."
"ARTICLE VIII
ROLE OF CULTURAL AGENCIES
SEC. 34. Responsibilities of Cultural Agencies for Designation of Cultural Property. - The cultural agencies, in accordance with their respective charters and mandates, shall define and delineate their respective areas of responsibility with respect to cultural mapping and the designation and registration of cultural properties.
For purposes of this Act, the following cultural agencies shall be responsible for the categorization of cultural property:
(a) The Commission, as a cultural agency, shall be responsible for ensuring the proper implementation of all laws protecting Philippine Cultural Heritage;
(b) The CCP shall be responsible for significant cultural property pertaining to the performing arts;
(c) The NAP shall be responsible for significant archival materials;
(d) The NLP shall be responsible for rare and significant Philippine books, and manuscripts such as, but not limited to presidential papers, periodicals, newspapers, singly or in the collection, and libraries and electronic records;
(e) The NHCP shall be responsible for significant movable and immovable cultural property that pertains to Philippine history, heroes, and the conservation of historical artifacts;
(f) The NMP shall be responsible for significant movable and immovable cultural and natural property pertaining to collections of fine arts, archaeology, anthropology, botany, geology, zoology and astronomy, including its conservation component; and
(g) The KWF shall be responsible for the dissemination, development, promotion, and conservation of the Filipino national language and other Philippine languages and dialects.
SEC. 35. Institutional Linkages of the National Cultural Agencies. - The Commission and the other cultural agencies shall consult, coordinate, and work closely in the implementation of their respective programs and projects with the agencies listed below. Furthermore, the Commission may link up with other agencies and institutions, as it may deem appropriate, as a holistic approach to conservation:
(a) The DOT and its attached agencies, which shall be responsible for cultural education among tourism services and protection of cultural properties in addition to the jurisdiction of the cultural agencies as defined by this Act. The formulation and implementation of a tourism master plan shall be consistent with the provisions of this Act.
(b) The Intramuros Administration (IA), which shall be responsible for the restoration and administration of the development within Intramuros;
(c) The National Parks Development Committee (NPDC) as an attached agency of the DOT, which shall be responsible for supervising the development (beautification, preservation, and maintenance) of Rizal Park, Paco Park, and other parks that may be assigned to it:
(d) The DepEd, which shall be responsible for implementing the Enhanced Basic Education Act (Republic Act No. 10533) and the conservation and restoration of its built heritage, including the significant Gabaldon school buildings as governed by the provisions under the Gabaldon School Buildings Conservation Act (Republic Act No. 11194);
(e) The DPWH, which shall be responsible for undertaking major infrastructure projects specifically in the planning, design construction, and maintenance of national roads and brudges as they impact on heritage structures or aspects of heritage conservation;
(f) The NCIP on behalf of the country's indigenous cultural communities, which shall coordinate with the national agencies on matters pertaining to cultural projects under its jurisdiction;
(g) The DENR, which shall be responsible for the establishment and management of the ENIPAS Act, the conservation of wildlife resources, including cave and cave resources, the monitoring of Grade I and Grade II Level natural heritage, and shall coordinate with the (1) NCIP for the conservation of natural resources that are cultural sanctuaries of indigenous peoples, and (2) the UNACOM for natural heritage included in the World Heritage List, World Heritage Tentative List, World Network of Biosphere Reserves, and global geoparks;
(h) The DILG, which shall coordinate with the national cultural agencies on matters pertaining to cultural properties under its jurisdiction and ensure proper implementation of the provisions of this Act by LGUs;
(i) The National Commission on Muslim Filipinos (NCMF), which shall coordinate with the national cultural agencies on matters pertaining to cultural properties under its jurisdiction;
(j) The UNACOM, which shall act as the liaison between the cultural agencies of the Philippines (for cultural heritage) or the DENR (for natural heritage) and the UNESCO and assist the national cultural agencies and the DENR in implementing the agreements and conventions adopted by the UNESCO which the Philippines has ratified or is in the process of ratifying;
(k) The Department of Human Settlements and Urban Development (DHSUD), which shall coordinate with the LGUs and the Commission on matters pertaining to the establishment and maintenance of heritage zones;
(l) The Government of the BARRM, which shall coordinate with the national cultural agencies on matters pertaining to the establishment and maintenance of heritage zones;
(l) The Government of the BARMM, which shall coordinate with the national cultural agencies on matters pertaining to cultural properties under its jurisdictions;
(m) The Office of the Special Envoy on Transnational Crimes (OSETC), which shall have the oversight and operational capacity to go after illicitly trafficked and stolen cultural treasures;
(n) The DFA, which shall be responsible for the Sentros Rizal and shall consult with the NCCA as part of their cultural diplomacy program; and
(o) The FDCP, which shall be responsible for significant Philippine audiovisual materials, especially those pertaining to film and the broadcast arts.
SEC. 36. Incorporation of Cultural Property Programs in Local Government Units' Budgets. - x x x.
SEC. 37. Training Programs. - x x x."
"ARTICLE IX
CULTURAL PROPERTY INCENTIVE PROGRAM
SEC. 38. Tax Exemption on Donations. - x x x.
SEC. 39. National Heritage Resource Assistance Program. - x x x.
SEC. 40. Awards and Citations. - x x x."
"ARTICLE X
CULTURAL EDUCATION
SEC. 41. Incorporation of National Cultural Treasures and Important Cultural Property in the Basic Education System. - The DepEd, in coordination with the Commission, shall formulate the cultural heritage education programs both for local and overseas Filipinos to be incorporated into the formal, alternative, and informal education, with emphasis on the protection, conservation, and preservation of cultural heritage property.
The Philippine Registry of Heritage shall likewise be incorporated into the formal, alternative, and informal education by the provincial and local governments.
SEC. 42. Cultural Heritage Education Program. - The DepEd, the technical Education and Skills Development Authority, and the CHEd, in consultation with the Commission, shall integrate into their respective curricula the teaching of Philippine Cultural Heritage, and ensure that the same is earnestly pursued by all schools and at all education modes and levels. In particular, higher learning institutions shall focus on developing the following cultural heritage education competencies among students:
(a) Protection, conservation and preservation of cultural heritage properties: Provided, That the development and coordination of skills training courses for various forms of traditional medical practices and medicinal formulations shall be coordinated with the PITAHC;
(b) Research and documentation of heritage in various platforms;
(c) Utilization of cultural heritage in interdisciplinary fields towards sustainable development in areas such as, but not limited to, tourism, agriculture, and creative industry: Provided, That music, sound and audiovisual archiving shall be coordinated with the FDCP;
(d) Indigenous knowledge systems skills and practices through the appropriate Schools of Living Traditions models, with the participation of the ICCs/IPs and in conjunction with the NCIP;
(f) Visitation, public accessibility, and information dissemination on designated local cultural properties; and
(g) Music, sound, and audiovisual archiving, in coordination with the FDCP.
The DepEd and the CHEd shall, in coordination with the Commission, develop the overall framework for cultural heritage competency at all levels of the education system and ensure the contextualization of education content and materials based on local cultural profiles.
The Commission shall, in cooperation with the DILG and the Civil Service Commission, formulate cultural heritage appreciation programs designed to build the capacity of govenrment agencies and communities.
SEC. 2. Appropriations. - The initial amount of Five hundred million pesos (P500,000,000.00) necessary to carry out the provisions of this Act shall be appropriated from the funds not otherwise appropriated and are available in the National Treasury. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.
SEC. 3. Joint Congressional Oversight Committee. - There is hereby created a Joint Congressional Oversight Committee (JCOC) to oversee, monitor, and evaluate the implementation of this Act. The JCOC shall be composed of five (5) members each from the Senate and the House of Representatives, with the Chairpersons of the Senate Committee on Culture and the Arts and the House Committee on Basic Education and Culture serving as Co-Chairpersons. The Senate President and the Speaker of the House of Representatives shall designate the other four (4) members of the JCOC from among the members of the Senate Committee on Culture and the Arts and House Committee on Basic Education and Culture, respectively, one (1) member of which shall be from the minority.
SEC. 4. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the Commission shall, in coordination with concerned agencies of the government, promulgate the necessary rules and regulations for the proper implementation of this Act.
SEC. 5. Separability Clause. - Should any portion or provision of this Act be declared unconstitutional, the same shall not affect the validity and effectivity of the other portions or provisions hereof not affected thereby.
SEC. 6. Repealing Clause. - All other laws, presidential decrees, executive orders, and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 7. Effectivity. - This Act shall take effect after fifteen (15) days following the completion of its publication in the Official gazette or in a newspaper of general circulation.
Approved:
(SGD.) FERDINAND MARTIN G. ROMUALDEZ | (SGD.) JUAN MIGUEL F. ZUBIRI |
Speaker of the House of Representatives | President of the Senate |
This Act, which is a consolidation of Senate Bill No. 1841 and House Bill No. 5110, was passed by the Senate of the Philippines and the House of Representatives on May 23, 2023 and May 24, 2023, respectively.
(SGD.) REGINALD S. VELASCO | (SGD.) RENATO N. BANTUG, JR. |
Secretary General House of Representatives | Secretary of the Senate |
Approved: 24 AUG 2023
(SGD.) FERDINAND ROMUALDEZ MARCOS JR. |
President of the Philippines |