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قوانين الفلبين

An Act to Amend National Cultural Heritage Act of 2009

صدر في 2023-08-24 · النص بتاريخ 2026-10-01

القانون العام والإرشادات الرسمية منشورة بوصفها أبحاثاً. ليست مشورة قانونية أو ضريبية أو مالية.

البحث نفسه مكتوب بالإنجليزية. العناوين والوسوم مترجمة؛ أما النتائج والاقتباسات فغير مترجمة.

عن هذا القانون

اللغة
English
النوع
لائحة
الدولة
الفلبين
الموضوعات
Wild species and ecosystems, General
الكلمات المفتاحية
cultural heritage, education, Indigenous Peoples, traditional knowledge/indigenous knowledge, protected area

أين تقرؤه

    لا يوجد رابط مصدر مسجل لهذا القانون.

النص

نص القانون نفسه، مادةً مادة، كما هو محفوظ. لكل مادة رابطها.

  1. "ARTICLE I materials are kept and preserved; or an orgaruzat10n or agency, also known as archival agency, or part PRINCIPLES AND POLICIES thereof whose primary responsibility is to appraise, arrange, describe, conserve, promote, and make SEC. 2. Declaration of Principles and archival materials available for reference and Policies. - X X X. " research;

  2. "ARTICLE II (f) 'ASEAN heritage parks' shall refer to protected areas recognized by ASEAN to be of high DEFINITION OF TERMS conservation importance, preserving in total a complete spectrum of representative ecosystems of the SEC. 3. Definition of Terms. - For purI?oses of ASEAN Region. They are established to generate this Act, the following terms shall be defmed as greater awareness, pride, appreciation, enjoyment and follows: conservation of ASEAN's rich natural heritage, through a regional network of representative (a) 'Adaptive reuse' shall refer to the utilization protected areas, and to generate greater collaboration of buildings, other built structures, and_sites of value among the ASEAN member states in preserving for purposes other t~an those for which they w~re their shared natural heritage; originally intended, m or~er to conserve t!l~ site, their engineering integrity and authenticity of (g) 'Built heritage' shall refer to architectural design; and engineering structures such as, but not limited to, bridges, government buildings, houses of ancestry, (b) 'Anthropological site' ~hall refe~ to _aD:y traditional dwellings, quartels, train stations, location where studies of specific ethnolinguistic lighthouses, small ports, educational, technological, groups are undertaken and whose_ properties and industrial complexes, and their settings and contribute to the nation's cultuxal heritage; landscapes with notable historical and cultural significance; (c) 'Antique' shall refer to a cultural property found locally which is at least one hundred (100) (h) 'Collector' shall refer to any person who or years old, the production of which has ceased; institution that acquires cultural property for purposes other than sale; (d) 'Archaeological _site' s~all refer to any location containing fossils, artifacts, and ot_her (i) 'Commission', when used singly, shall refer cultural, geological, botanical, and zoological to the National Commission for Culture and the Arts materials that depict and document culturally (NCCA); relevant paleontological, prehistoric, or historic events, whether above or belowground, underwater, or at sea G) 'Conservation' shall refer to all processes and level, as declared by law or the pertinent cultural measures for maintaining the cultural significance agency or agencies; of a cultural property, including, but not limited to, preservation, restoration, reconstruction, protection, (e) 'Archives' shall refer to public and private adaptation, or any combination thereof; records in any format that have been_ sele~ted _for permanent preservation _because of their evidential, (k) 'Conservation Management Plan (CMP)' historical, and .informational value; also known as shall refer to the main guiding document for the 4 5 conservation and management of immovable cultural (s) 'Dealers' shall refer to natural or juridical properties. It states what is significant about a place persons who acquire cultural property for the purpose and consequently what policies and actions are of engaging in the acquisition and disposition of appropriate which enable that significance to be the same; retained in its future use and development; (t) 'Gabaldon school buildings' shall refer to (1) 'Cultw:al agencies' shall refer to the following school buildings designed by American Architect national government agencies: the NCCA; National William Parsons and funded through Act No. 1801 Museum of the Philippines (NMP); National Library authored by Assemblyman Isaura Gabaldon; of the Philippines (NLP); National Historical Commission of the Philippines (NHCP); National (u) 'Global geoparks' shall refer to single, Archives of the Philippines (NAP); Cultural Center unified geographical areas where sites and landscapes of the Philippines (CCP) and Komisyon sa Wikang considered by UNESCO of international geological Filipino (KWF); significance, managed with a holistic concept of protection, education, and sustainable development; (m) 'Cultural education' shall refer to the teaching and learning of cultural concepts and (v) 'Heritage houses' shall refer to houses of processes; ancestry of notable historical, cultural, social, architectural, and artistic value and significance, as (n) 'Cultural heritage' shall refer to the totality declared by the NHCP; of cultural property that has been preserved and developed over time and passed on to future (w) 'Heritage trees' shall refer to trees that generations; share common and extensive histories with the people with whom and places in which they are (o) 'Cultural heritage worker' shall refer to an found, as determined by the pertinent cultural individual engaged in cultural heritage work; agency or agencies; (p) 'Cultural institution' shall refer to entities (x) 'Heritage zone' shall refer to historical, primarily engaged in cultural work; anthropological, archaeological, and artistic geographical areas and settings that are culturally (q) 'Cultural mapping' shall refer to the significant to the nation and declared as such by law identification, recording, and use of cultural resources or the pertinent cultural agency or agencies; of communities. It is a systematic set of activities and methodological processes for discovering, (y) 'Historic place names' shall refer to a place documenting, analyzing, interpreting, presenting, and name that has been in existence for at least fifty sharing information related to people, communities, (50) years and has become historic over time; societies, places, and their material products, practices, and narratives; (z) 'Historic site' shall refer to a place declared by the NHCP to have important historic significance; (r) 'Cultural property' shall refer to all products of human creativity by which a people and a nation (aa) 'History' shall refer to a written account reveal their identity, including churches, mosques of past events in Philippine history; and other places of religious worship, schools, and natural history specimens and sites, whether owned (bb) 'Important cultural property' shall refer to publicly or privately, movable or immovable, or a cultmal property that has exceptional culttu·al, tangible or intangible; artistic, and historical significance to the Philippines, and has been officially declared as such by law or the pertinent cultural agency or agencies; 6 7 (cc) 'Intangible cultural heritage' shall refer to (ii) 'National cultural treasure' shall refer to a the practices, representations, expressions, knowledge, unique cultural property found -locally possessing and skills, and the instruments, objects, and artifacts outstanding historical, cultural, artistic, and/or associated therewith that communities, groups, and scientific value, is highly significant and important individuals recognize as part of their cultural to the country and nation, and has been officially heritage, such as: (1) oral traditions, languages, and declared as such by law or the pertinent cultural expressions; (2) performing arts; (3) social practices, agency or agencies; rituals, and festive events; (4) knowledge and practices concerning nature and the' universe; (jj) 'National historical landmarks' shall refer (5) traditional craftsmanship; and (6) customary to sites or structures that are associated with events systems for justice and child welfare; or achievements significant to Philippine history, as declared as such by law or the NHCP; (dd) 'Intangible cultural property' shall refer to peoples' learned processes, along with the knowledge, (klc) 'National historical monuments' shall refer skills, and creativity informed and developed by to structures that honor illustrious persons or them, the products created, and the resources, commemorate events of historical value, as declared spaces, and other aspects of social and natural as such by law or the NHCP; context that are necessary for sustainability; (11)'National historical shrines' shall refer to (ee) 'Library' shall refer to an institution where historic sites or structures hallowed and revered for the collection of books, manuscripts, computerized their history or association, as declared as such by information, and other materials is organized to law or the NHCP; provide physical, bibliographic, and/or intellectual access to the public, with a librarian who is trained (mm) 'Nationally significant' shall refer to to provide services and programs related to the historical, aesthetic, scientific, technical, social, information needs of its clientele; and/or spiritual values that unify the nation by a deep sense of pride in their diverse yet common (ff) 'Marked structure' shall refer to sites with identities, cultural heritage, and national patrimony; a marker from a cultural agency; (nn) 'Natural heritage' shall refer to flora and (gg) 'Memory of the World Register' shall refer fauna, physical, geological, and physiographical to documentary heritage inscribed by UNESCO formations of the environment, whether terrestrial, because of its international significance and its wetland, or marine, and the ecosystem with which outstanding universal value. This includes particular communities have had long-term documentary heritage listed in the International relationships; Register, Memory of the World Committee for Asia and the Pacific Regional Register, and National (oo) 'Natural property of cultural significance' Register. Inscription in these registers publicly shall refer to natural heritage property of cultural affirms the significance of the documentary heritage, significance for its tangible or intangible cultural makes it better known and allows for greater access heritage, whether or not covered by the Expanded to it, thereby facilitating research, education, National Integrated Protected Areas System entertainment, and preservation over time; (ENIPAS) Act of 2018 (Republic Act No. 11038) or by other environmental laws; (hh) 'Museum' shall refer to a permanent institution that researches, acquires, preserves, (pp) 'NCCA Portal Cultural Databank' shall communicates, and exhibits material evidence of refer to the specific domain in the Commission's humans and their envixonment for educational and online database where digitized cultural maps are recreational purposes; lodged for public information, scientific research, and 8 9 academic purposes. It includes the Philippine Registry (ww) 'Wetlands of international importance or of Heritage; Ramsar Sites' shall refer to representative, rare or unique wetlands, or wetlands that are important for (qq) 'Prehistory' shall refer to the period of conserving biological diversity that are recognized by human history preceding the introduction of the the Ramsar Convention on Wetlands in its list of forms of writing; wetlands of international importance on account of their international significance in terms of ecology, (rr) 'Reconstruction' shall refer to returning a botany, zoology, limnology or hydrology; cultural property, or a portion thereof, to a known earlier state by adding new materials, forms, (xx) 'World Heritage Sites (WHS)' shall refer to methodologies, and technology. This shall include: cultural and natural heritage properties considered (1) re-creation, or the in situ creation of a presumed to be of outstanding universal value to humanity that earlier state based on surviving evidence from the are inscribed in the UNESCO World Heritage List. place and other sites, and on deductions derived from State parties recognize their duty of ensuring the such evidence using new materials; and identification, protection, conservation, presentation, (2) replication, or the construction of a copy; and transmission of these properties to future generations and will do all it can to this end, to the (ss) 'Registry' shall refer to the Philippine utmost of its own financial, artistic, scientific and Registry of Heritage which is a repository of the technical resources; listings, documentations, and statements of significance of all cultural properties of the country (yy) 'World Heritage Tentative List' shall refer deemed locally and nationally significant; to the inventory of properties submitted to UNESCO which each State party intends to consider for (tt) 'Restoration' shall refer to the repair of a nomination to the World Heritage List; and cultural property to its original condition using appropriate materials, methodologies, forms, and (zz) 'World Network of Biosphere Reserves' technology; shall refer to the list of terrestrials, marine, and coastal ecosystems considered by UNESCO to be of (uu) 'Tangible cultural property' shall refer to world significance. Biosphere reserves are learning a cultural property with historical, archival, places for sustainable development and sites for anthropological, archaeological, artistic, and testing interdisciplinary approaches to understanding architectural value, and with exceptional or and managing changes and interactions between traditional production, whether of Philippine origin social and ecological systems, including conflict or not, including antiques and natural history prevention and management of biodiversity." specimens with significant value;

  3. "ARTICLE III (vv) 'UNESCO lists of intangible cultural heritage' shall refer to the (1) representative list of CULTURALPROPERTYAND NATURAL ·I the intangible cultural heritage of humanity and PROPERTY OF CULTURALSIGNIFICANCE I (2) list of intangible cultural heritage in need of uxgent safeguarding. Intangible heritage elements in SEC. 4. Categories. - The cultural property and ,II the lists include representations, expressions, natural property of cultural significance of the knowledge, and skills, and the instruments, objects, country shall be categorized as follows: artifacts and cultural spaces associated therewith that UNESCO recognizes to be of international (a) Grade I Level: National cultural treasures; significance; national historical shrines; national historical monuments; national historical landmarks; and WHS and other cultural and natural heritage properties , ' 10 11 or elements inscribed or designated by international property must consult with the Commission at the conventions including, but not limited to, UNESCO • planning stages. lists of intangible cultural heritage, Memory of the World, World Network of Biosphere Reserves, global SEC. 8. Procedure for Declaration or Delisting geoparks, wetlands of international importance, and of Grade I and Grade II Level Cultural Properties. ASEAN Heritage Parks; - The procedure in declaring as well as in delisting a cultural property as a Grade I or Grade II Level (b) Grade II Level: Important cultural property cultural property shall be as follows: and natural property of cultural significance; heritage zones; archeological sites; heritage houses; historic (a) A declaration or a delisting of a cultural sites; all Gabaldon school buildings; other marked property shall commence upon the filing of a petition structures; and heritage trees; and by the owner, stakeholder, or any interested person, with the Commission, which shall refer the matter (c) Grade III Level: All other cultural property to the appropriate cultural agency; and natural property of cultural significance in the Philippine Registry of Heritage. (b) Upon verificat1on of the suitability of the property as a Grade I or Grade II Level cultural SEC. 5. Cultural Property Considered Important property or the prima f acie sufficiency of the Cultural Property. - x x x. argument for its delisting, the cultural agency concerned shall send a notice of hearing to the owner SEC. 6. World Heritage Sites. - x x x. and stakeholders. Stakeholders, including, but not limited to, local government units (LGUs), local SEC. 7. Privileges for Cultural Property. - All culture and arts council, local tourism councils, cultural properties declared as Grade I or Grade II nongovernment conservation organizations, and Level shall be entitled to the following privileges: schools, may be allowed to file their position papers in support or in opposition to the petition; (a) Priority government funding for protection, conservation, and restoration; (c) The owner and the stakeholders shall file their position paper within fifteen (15) days from (b) Incentive for private support of conservation receipt of the notice of hearing, furnishing all the and restoration through the Commission's parties, including the appropriate cultural agency, Conservation Incentive Program for Grade I and with a copy of such position paper. Extensions may Grade II Level cultural properties; be allowed, but in no case shall the extension period exceed more than thirty (30) days; (c) An official heritage marker to be placed by the pertinent cultural agency indicating the official (d) In cases where the petition was not filed by designation of the cultural property; the owner, the petitioner shall file his or her own position paper within fifteen (15) days from receipt (d) Priority government protection for all Grade of the owner's or any stakeholder's position paper. I or Grade II Level cultural properties in times of Thereafter, no further submissions shall be allowed; armed conflict, natural disasters, and other and exceptional events that endanger the cultural heritage of the country; and (e) The appropriate cultural agency shall have a maximum of ninety (90) days from the deadline (e) Priority protection from modification or of the submission of all the position papers within demolition resulting from all government projects. which to render its decision, in writing, on the Government projects that may potentially affect the application. integrity of any Grade I or Grade II Level cultural 12 13 The above provisions shall not apply to the Commission. For cultural property declared as Grade delisting of cultural properties which are covered and I or Grade II Level, the appropriate cultural agency protected under existing laws. shall, after registration, give due notice to the concerned Registry of Deeds for annotation on the SEC. 9. Right of First Refusal on the Sale of land titles pertaining to the same; National Cultural Treasures. - x x x. (b) LGUs shall likewise maintain an inventory SEC. 10. Licensing of Dealers of Cultural of cultural property and natural properties of cultural Property. - x x x. significance under their jurisdiction and shall furnish the Commission a copy of the same; SEC. 11. Dealings of Cultural Property. - xx x." (c) The cultural agencies and LGUs concerned

  4. "ARTICLE IV shall continuously coordinate in monitoring and updating their respective cultural property and HERITAGE ZONES natural properties of cultural significance inventories. The Commission shall provide LGUs with technical SEC. 12. Designation of Heritage Zones. - x x x. and financial assistance for the inventory and updating of locally and nationally declared cultural SEC. 13. Maintenance of Heritage Zones. - x x x." properties and natural properties of cultural significance and tangible and intangible heritage;

  5. "ARTICLE V (d) All government agencies and instrumentalities, REGISTRATION AND PRESERVATION OF CULTURAL government-owned and/or -controlled corporations and PROPERTY AND NATURAL PROPERTY OF CULTURAL their subsidiaries, including public educational SIGNIFICANCE institutions, shall report their ownership and/or possession, and disposition of such items to the SEC. 14. Establishment and Maintenance of a pertinent cultural agency and shall register such Philippine Registry of Heritage. - All cultural properties; and properties and natural properties of cultural significance shall be registered in the Philippine (e) Private collectors and owners of cultural Registry of Heritage. Information regarding private property and natural properties of cultural ownership of registered cultural properties and significance shall register such properties. The natural properties of cultural significance shall private collectors and owners of cultural property and remain confidential in accordance with Republic Act natural properties of cultural significance shall not No. 10173 or 'The Data Privacy Act of 2012'. be divested of their possession and ownership thereof even after registration of said property as herein The Commission, through the appropriate required. cultural agencies and LGUs, shall establish and maintain this Registry. The guidelines in the Information on registered cultural properties registration of cultural property and natural and natural properties of cultural significance owned properties of cultural significance are as follows: by private individuals shall remain confidential and may be given only upon prior consent of the private (a) All cultural agencies concerned shall owner. individually maintain an inventory, evaluation and documentation of all cultural properties and n~tural The Commission shall operate the Registry in properties of cultural significance declared according the NCCA portal cultural databank. to their category and shall submit the same to the 14 15 The inclusion in the Registry of the cultural (c) Department of Education (DepEd) for the properties and natural properties of cultural institution of cultural awareness in basic education; significance belonging to the indigenous cultural capacity-building program for teachers in mapping communities or indigenous peoples (ICCs/IPs) shall the heritage resources of local communities and be subject to prior consultation with ICCs/IPs and cultural pedagogy; and localization and to their free, prior and informed consent (FPIC) as contextualization of educational material and content provided in Section 16 of this Act. based on a locality's cultural profile to cultivate awareness and pride in a community's cultural SEC. 15. Cultural Mapping by LG[Js. - LGUs identity; are hereby mandated to conduct a comprehensive cultural mapping of their areas of jurisdiction. They (d) Department of Environment and Natural shall mobilize and establish partnerships with Resources (DENR) for the inventory of national parks concerned government agencies to ensure the prompt and areas that are habitats of endemic species and and effective implementation of the provision of this unique biodiversity; enforcement for the protection Act. They may seek assistance from nongovernment and conservation of natural heritage sites; research organizations, cultural organizations, and academic on the ecosystem services of the environment to the and private institutions in undertaking cultural lives of the people; and promotion of the concept of mapping activities: Provided, That said institutions cultural landscape for sustainable development; adhere to the guidelines set forth by the Commission. All relevant data must be submitted for registration (e) Department of Foreign Affairs (DFA) for the in the Philippine Registry of Heritage for purposes enhancement of Philippine cultural diplomacy, of research, regulation, planning, and pol.icy-making participation in the conventions and programs of of the Commission, among others. UNESCO and other international organizations; and tapping possible technical assistance from bilateral The results of cultural mapping projects shall and multilateral partners; be submitted to the Commission and copies thereof shall be furnished to the NAP and the community's (f) Department of Information and local archives for access and safekeeping. Communications Technology (DICT) for the development of information and communications LGUs shall coordinate with the Commis'sion technology suitable for improving public access, and with cultural organizations ·and agencies for the resource sharing, and dissemination of cultural conduct of cultural mapping, including the following: heritage information; (a) Commission on Higher Education (CHED) (g) Department of the Interior and Local for the institution of cultural awareness in state Government (DILG) for the promotion among local universities and colleges and the strengthening of governments of the value of preserving the country's their research programs and culture, heritage, arts, heritage sites and zones through the provision of and history courses that impact on community capacity-building programs for local chief executives development; and sanggunian members on culture-based governance; (b) Department of Agriculture (DA) for the documentation of heritage crops, products, (h) Department of National Defense (DND) for technologies, agricultural heritage systems, and food building awareness on Philippine culture, heritage, sources that sustain the local indigenous and history as basis for conflict settlement; the communities, and inventory of natural and institution of a culture-based approach in the trauma non-traditional fibers and their processes and counseling process; and documentation of utilization; resiliency-related activities of communities during disasters and calamities; I 16 17 r (i) Department of Public Works and Highways resolution and decision-making mechanisms, social (DPWH) for building awareness on cultural heritage organization and kinship, economy and technology, sensitivity, and institution of guidelines for its spiritual beliefs and rituals, life cycle customs and programs as they impact heritage zones and sites; traditions, material culture, medicinal knowledge and sciences, indigenous climate change mitigation and (j) Department of Science and Technology adaptation, and other attributes of their ethnicity, (DOST) for application of research in conservation of life situations, and worldviews on the materials and structures; inventory on natural interrelationships with the Creator, land and resources of dyes; traditional textiles and apparel environment, and other people, utilization of cultural materials, designs, techniques, processes and heritage resources and activities for the empowerment machines; and the conduct of pertinent research on of ICCs/IPs; and for the integration of indigenous and development of innovations for the country's {t, knowledge systems, skills and practices in the textile . ind us try; national development agenda. (k) Department of Tourism (DOT) for the In all cases where cultural mapping activity formulation and implementation of tourism affects ancestral domain, the ICC/IP concerned shall development plans, culture-based programs and be consulted in accordance with existing laws, rules creative industry-based programs for tourism sites, and regulations and Section 16 of this Act; in compliance with Republic Act No. 11904 or the Philippine Creative Industries Development Act, and (o) UNESCO National Commission of the National and World Heritage-declared sites, and Philippines (UNACOM) of the DFA for the capacity-building programs designed to develop monitoring of properties in the World Heritage List, cultural sensitivity and competence in the tourism World Heritage Tentative List, lists of intangible sector; cultural heritage, World Network of Biosphere Reserves, and global geoparks; (1) Department of Trade and Industry (DTI) for the inventory and development of cultural (p) Bangsamoro Commission for the heritage-based products, creative industry-based goods Preservation of Cultural Heritage - Bangsamoro and services, and entrepreneurship programs, and the Autonomous Region in Muslim Mindanao adoption of culturally-sensitive trade fairs and (BCPCH-BARMM) for the history, culture, arts promotion programs; traditions, and the rich cultural heritage of the Bangsamoro people and the non-Moro indigenous (m) Film Development Council of the Philippines peoples of the BARMM; and (FDCP) for the protection, preservation, and digitalization of film negatives and prints, (q) Philippine Institute of Traditional and audiovisual content and elements and non-film Alternative Health Care (PITAHC) of the Department archival materials, including story outlines, I of Health for the research, documentation, and screenplays, sets, photos, posters, and documents on the creation and distribution of cinematic works; ~ inventory of Philippine traditional medicine and practices in health; and for the research on and i further development of traditional herbal medicine (n) National Commission on Indigenous Peoples and herbal products. (NCIP) for the provision of support for IP-driven documentation, inventory, and publication of all SEC. 16. Cultural Mapping by ICCslIPs. information about the origin and history of ICCs/IPs, ICCs/IPs shall, in the exercise of their rights to settlement patterns and ancestral domains, population self-governance, empowerment, and cultural integrity, and social diaspora, governance and political systems have every right to conduct a comprehensive cultural including customary laws, indigenous political mapping of their tangible and intangible heritage, structures, justice and peace pact systems, conflict whether or not located within their ancestral I 18 lands/domains. They may seek assistance from nongovernment organizations, cultural organizations, spaces shall not be allowed to be renamed by a local legislation, unless approved by the NHCP, and only 19 academic and private institutions in the undertaking after due hearing on the matter. Furthermore, for of cultural mapping activities. ICCs/IPs shall changes of names done to historic place names prior coordinate with the agencies listed in Section 15 of to the effectivity of this Act, the NHCP may direct this Act in relation to their respective mandates. The the LGUs to restore their original names after NCIP and the Commission shall provide necessary due hearing." regulations to govern these activities and shall support ICCs/IPs by providing necessary resources. T The ICCs/IPs shall also have every right to determine "ARTICLE VI whether their cultural map shall be entered in whole or in part into the Philippine Registry of Heritage. I .... REGULATING THE EXPORT, TRANSIT, IMPORT AND I REPATRIATION OF CULTURAL PROPERTY SEC. 17. Cultural Mapping, Research, and Planning Division. - There shall be_ cre3:t~~ a SEC. 26. Export of Cultural Property.- x x x. Cultural Mapping, Research, and Planmng D1v1s1on in the Commission which shall be headed by a SEC. 27. Repatriation Claims and Agreements. - Division Chief. The office shall be the repository of X XX." the cultural mapping outputs and other cultural and arts-related research and shall facilitate the conduct "ARTICLE VII of technical assistance and capacity-building workshop and coordination with LGUs and other POWERS OF THE COMMISSION sectors and communities in need of such. SEC. 28. Power to Issue a Cease and Desist SEC. 18. Conservation of Cultural Property. Order. - x x x. X X X. SEC. 29. Power to Issue Compulsory Repair SEC. 19. Documentation and Preservation of Order. - x x x. Traditional and Contemporary Arts. - x x x. SEC. 30. Visitorial Powers. - x x x. SEC. 20. Systematic Research in Natural History. - x x x. SEC. 31. Power to Deputize Other Government Agencies. - x x x. SEC. 21. Heritage Agreements. - x x x. SEC. 32. Power to Recover Cultural Properties. - SEC. 22. National Inventory of Intangible X XX. Culturnl Heritage. - x x x. SEC. 33. Anthropological Research and ' SEC. 23. Immovable National Cultural Archaeological Exploration/Excavation. - x x x." Treasures. - x x x. l "ARTICLE VIII SEC. 24. Indigenous Properties. - x x x. ROLE OF CULTURAL AGENCIES SEC. 25. Renaming of Historic Place Names. - Historic place names such as, but not limited to, SEC. 34. Responsibilities of Cultural Agencies geographic names, streets, parks, buildings, shrines, for Designation of Cultural Property. - The cultural landmarks, monuments, sites, and other public agencies, in accordance with their respective charte:;rs 21 20 and mandates, shall define and delineate their other agencies and institutions, as it may deem respective areas of responsibility with respect to appropriate, as a holistic approach to conservation: cultural mapping and the designation and registration of cultural properties. (a) The DOT and its attached agencies, which shall be responsible for cultural education among For purposes of this Act, the following cultural tourism services and protection of cultural properties agencies shall be responsible for the categorization in addition to the jurisdiction of the cultural of cultural property: agencies as defined by this Act. The formulation and implementation of a tourism master plan shall be (a) The Commission, as a cultural agency, shall consistent with the provisions of this Act; be responsible for ensuring the proper implementation of all laws protecting Philippine Cultural Heritage; (b) The Intramuros Administration (IA), which shall be responsible for the restoration and (b) The CCP shall be responsible for significant ad.ministration of the development within Intramuros; cultural property pertaining to the performing arts; (c) The National Parks Development Committee (c) The NAP shall be responsible for significant (NPDC) as an attached agency of the DOT, which archival materials; shall be responsible for supervising the development (beautification, preservation, and maintenance) of (d) The NLP shall be responsible for rare and Rizal Park, Paco Park, and other parks that may significant Philippine books, and manuscripts such be assigned to it; as, but not limited to, presidential papers, periodicals, newspapers, singly or in the collection, and libraries (d) The DepEd, which shall be responsible for and electronic records; implementing the Enhanced Basic Education Act (Republic Act No. 10533) and the conservation and (e) The NHCP shall be· responsible for restoration of its built heritage, including the significant movable and immovable cultural property significant Gabaldon school buildings as governed by that pertains to Philippine history, heroes, and the the provisions under the Gabaldon School Buildings conservation of historical artifacts; Conservation Act (Republic Act No. 11194); (f) The NMP shall be responsible for significant (e) The DPWH, which shall be responsible for movable and •immovable cultural and natural undertaking major infrastructure projects specifically property pertaining to collections of fine arts, in the planning, design, construction, and archaeology, anthropology, botany, geology, zoology maintenance of national roads and bridges as they and astronomy, including its conservation impact on heritage structures or aspects of heritage component; and conservation; (g) The KWF shall be responsible for the (f) The NCIP on behalf of the country's dissemination, development, promotion, and indigenous cultural comm unities, which shall conservation of the Filipino national language and coordinate with the national agencies on matters other Philippine languages and dialects. pertaining to cultural properties under its jurisdiction; SEC. 35. Institutional Linlwges of the National Cultural Agencies. - The Commission and the other (g) The DENR, which shall be responsible for cultural agencies shall consult, coordinate, and work the establishment and management of the ENIPAS closely in the implementation of their respective Act, the conservation of wildlife resources, including programs and projects with the agencies listed below. cave and cave resources, the monitoring of Grade I Furthermore, the Commission may link up with and Grade II Level natural heritage, and shall 22 23 coordinate with the (1) NCIP for the conservat~on of (o) The FDCP, which shall be responsible for natural resources that are cultural sanctuaries of significant Philippine audiovisual materials, especially indigenous peoples, and (2) the UNACOM for natural those pertaining to film and the broadcast arts. heritage included in the World Heritage List, World II Heritage Tentative List, World Network of B10sphere SEC. 36. Incorporation of Cultural Property Reserves, and global geoparks; Programs in Local Government Units' Budgets. - X X X. (h) The DILG, which shall coordinate with the I national cultural agencies on matters pertammg to cultural properties under its jurisdi.c~ion and e_nsure proper implementation of the provis10ns of this Act by LGUs; (i) The National Commission on 1'4uslim Filipinos (NCMF), which shall coordmate ~i~h the 'T I SEC. 37. Training Programs. - x x x."

  6. "ARTICLE IX CULTURAL PROPERTY INCENTIVE PROGRAM SEC. 38. Tax Exemption on Donations. - x x x. national cultural agencies on matters pertammg to cultural properties under its jurisdiction; SEC. 39. National Heritage Resource Assistance Program. - x x x. (j) The UNA COM, which shall ~ct as the liaison between the cultural agencies of the Philippines (for cultural heritage) or the DENR (for SEC. 40. Awards and Citations. - x x x." natural heritage) and the UNESCO and assist t}:ie "ARTICLE X national cultural agencies and the DENR m implementing the agreements and convent10ns CULTURAL EDUCATION adopted by the UNESCO which the. Philippines has ratified or is in the process of ratifymg; SEC. 41. Incorporation of National Cultural (k) The Department of Human Settlements and Treasiires and Important Cultural Property in the Urban Development (DHSUD), which shall Basic Education System. - The DepEd, in coordinate with the LGUs and the Commission on coordination with the Commission, shall formulate matters pertaining to the establishment and the cultural heritage education programs both for maintenance of heritage zones; local and overseas Filipinos to be incorporated into the formal, alternative, and informal education, with 0.) The Government of the BARMM, which shall emphasis on the protection, conservation, and coordinate with the national cultural agencies on preservation of cultural heritage property. matters pertaining to cultural properties under its jurisdictions; The Philippine Registry of Heritage shall Wrnwise be incorporated into the formal, alternative, (m) The Office of the Special Envoy on and informal education by the provincial and local Transnational Crimes (OSETC), which shall have the governments. oversight and operational capacity to go after illicitly trafficked and stolen cultural treasures; SEC. 42. Cultural Heritage Education Program. - (n) The DFA, which shall be responsible for the i The DepEd, the Technical Education and Skills Development Authority, and the CHED, in Sentros Rizal and shall consult with the NCCA as consultation with the Commission, shall integrate part of their cultural diplomacy program; and into their respective curricula the teaching of Philippine Cultural Heritage, and ensure that the same is earnestly pursued by all schools and at all 24 25 cul.tural heritage .appreciation programs designed to education modes and levels. In particular, higher bmld the capacity of government agencies and learning institutions shall focus on developing the communities." following cultural heritage education competencies among students: SEC. 2. Appropriations. - The initial amount of Five hundred million pesos (P500,000,000.00) necessary to cany out (a) Protection, conservation and preservation of cultural heritage properties: Provided, That the the provisions of this Act shall be appropriated from the funds development and coordination of sk.ills training not otherwise appropriated and are available in the National courses for various forms of traditional medical Treasury. Thereafter, such sums as may be necessary for the practices and medicinal formulations shall be continued implementation of this Act shall be included in the coordinated with the PITAHC; 1 annual General Appropriations Act. (b) Research and documentation of heritage in T SEC. 3. Joint Congressional Oversight Committee. - various platforms; There is hereby created a Joint Congressional Oversight Committee (JCOC) to oversee, monitor, and evaluate the (c) Utilization of cultural heritage in implementation of this Act. The JCOC shall be composed of interdisciplinary fields towards sustainable five (5) members each from the Senate and the House of development in areas such as, but not limited to, tourism, agriculture, and creative industry: Provided, Representatives, with the Chairpersons of the Senate That music, sound, and audiovisual archiving shall Committee on Culture and the Arts and House Committee on be coordinated with the FDCP; Basic Education and Culture serving as Co-Chairpersons. The Senate President and the Speaker of the House of (d) Instructional materials in print, film, and Representatives shall designate the other four (4) members of broadcast media on the cultural and historical the JCOC from among the members of the Senate Committee significance of cultural properties; on Culture and the Arts and House Committee on Basic Education and Culture, respectively, one (1) member of which (e) Indigenous knowledge systems skills and shall be from the minority. practices through the appropriate Schools of Living I I Traditions models, with the participation of the ICCs/IPs and in conjunction with the NCIP; SEC. 4. Implementing Rules and Regulations. - Within sixty (60) days from the effectivity of this Act, the Commission (f) Visitation, public accessibility, and shall, in coordination with concerned agencies of the information dissemination on designated local cultural government, promulgate the necessary rules and regulations properties; and for the proper implementation of this Act. (g) Music, sound, and audiovisual archiving, in SEC. 5. Separability Clause. - Should any portion or coordination with the FDCP. provision of this Act be declared unconstitutional the same I shall not affect the validity and effectivity of the other portions I I The DepEd and the CHED shall, in i coordination with the Commission, develop the overall or provisions hereof not affected thereby. framework for cultural heritage competency at all ·r levels of the education system and ensure the l ·SEC. 6. Repealing Clause. - All other laws, presidential contextualization of education content and materials decrees, executive orders, and rules and regulations inconsistent based on local cultural profiles. with the provisions of this Act are hereby repealed or modified accordingly. The Commission shall, in cooperation with the DILG and the Civil Service Commission, formulate 26 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, ~ ROMUAL Speaker of the House I of Representatives 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. RE~ Secretary General House of Representatives Approved: 2023 2 ~ AUG ..' , '• FERDINAND ROMU LDEZ MARCOS JR. . p,es;dent o 1hePhWpp;ne, 0 mf ••• " ~ • • • .. . Ill -~ t ..,. , - Ill I ::.... ..... •-.: ..... ................. ------•---------- REPUBLIC OF THE PHILIPPINES I 111111111111111 IIII111111111 PBBH002731 Officeof the President MALACANANG RECORDS OFFICE - CERTIFl,,C?PY Affl. COM!POON fUROiJNO-EIW) ~ f-• 211_ >I),' PlRl:CTQR IV

An Act to Amend National Cultural Heritage Act of 2009 · Nelum