REPUBLIC ACT NO.

10066

AN ACT

PROVIDING FOR THE PROTECTION AND CONSERVATION OF

THE NATIONAL CULTURAL HERITAGE, STRENGTHENING
THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS
(NCCA) AND ITS AFFILIATED CULTURAL AGENCIES, AND
FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the

“National Cultural Heritage Act of 2009.”

ARTICLE I

POLICIES AND PRINCIPLES

SECTION 2. Declaration of Principles and Policies. – Sections

14, 15, 16, and 17, Article XIV of the 1987 Constitution declare that
the State shall foster the preservation, enrichment, and dynamic
evolution of a Filipino culture based on the principle of unity in
diversity in a climate of free artistic and intellectual expression. The
Constitution likewise mandates the State to conserve, develop,
promote and popularize the nation’s historical and cultural heritage
and resources, as well as artistic creations. It further provides that,
all the country’s artistic and historic wealth constitutes the cultural
treasure of the nation and shall be under the protection of the
State, which may regulate its disposition.
In the pursuit of cultural preservation as a strategy for maintaining
Filipino identity, this Act shall pursue the following objectives:

(a) Protect, preserve, conserve and promote the nation’s

cultural heritage, its property and histories, and the ethnicity
of local communities;
(b) Establish and strengthen cultural institutions; and,
(c) Protect cultural workers and ensure their professional
development and well-being.

The State shall likewise endeavor to create a balanced

atmosphere where the historic past co-exists in harmony with
modern society. It shall approach the problem of conservation in an
integrated and holistic manner, cutting across all relevant
disciplines and technologies. The State shall further administer the
heritage resources in a spirit of stewardship for the inspiration and
benefit of the present and future generations.

ARTICLE II

DEFINITION OF TERMS

SECTION 3. Definition of Terms. – For purposes of this Act, the

following terms shall be defined as follows:

(a) “Adaptive Re-use” shall refers to the utilization of

buildings, other built-structures, and sites of value for
purposes other than that for which they were intended
originally, in order to conserve the site, their engineering
integrity and authenticity of design;
(b) “Anthropological Area” shall refers to any place
where studies of specific ethno-linguistic groups are
undertaken, the properties of which are of value to our
cultural heritage;
(c) “Antique” refers to a cultural property found locally
which is one hundred (100) years in age, more or less, the
production of which has ceased;
(d) “Archaeological Area” shall refers to any place,
whether above or under ground, underwater or at sea level,
containing fossils, artifacts, and other cultural, geological,
botanical, zoological materials which depict and document
culturally relevant paleontological, prehistoric and/or
historic events;
(e) “Archives” shall refer to public and private records in
any format which have been selected for permanent
preservation because of their evidential, historical
informational value; otherwise known as archival materials
collections or archival holdings; the place
(building/room/storage area) where archival materials are
kept and preserved; and an organization or agency or part
thereof whose main responsibility is to appraise, arrange,
describe, conserve, promote and make archival materials
available for reference and research, also known as
archival agency;
(f) “Built Heritage” shall refers 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 landscapes with notable historical and
cultural significance;
(g) “Collector” shall refers to any person who or institution
that acquires cultural property for purposes other than sale;
(h) “Commission” shall refer to the National Commission
for Culture and the Arts (NCCA);
(i) “Conservation” shall refers to all the processes and
measures of maintaining the cultural significance of a
cultural property, including but not limited to, preservation,
restoration, reconstruction, protection, adaptation or any
combination thereof;
(j) “Cultural agencies” shall refer to the following national
government agencies with their specific areas of
responsibility: National Museum (cultural property); the
National Library (books); National Historical Institute
(Philippine history); National Archives (documents); Cultural
Center of the Philippines (culture and the arts); and
Komisyon sa Wikang Filipino (language).
(k) “Cultural Education” shall refer to the teaching and
learning of cultural concepts and processes;
(l) “Cultural Heritage” shall refer to the totality of cultural
property preserved and developed through time and passed
on to posterity;
(m) “Cultural Heritage Worker” shall refer to an individual
undertaking cultural heritage work;
(n) “Cultural Institution” shall refer to entities engaged
primarily in cultural work;
(o) “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 public or privately-owned, movable or
immovable, and tangible or intangible;
(p) “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;
(q) “Heritage Zone” shall refer to historical, anthropological,
archaeological, artistic geographical areas and settings that
are culturally significant to the country, as declared by the
National Museum and/or the National Historical Institute.
(r) “History” shall refer to a written record of past events
relating to Philippine history;
(s) “Historical Landmarks” shall refer to sites or structures
that are associated with events or achievements significant
to Philippine history as declared by the National Historical
Institute;
(t) “Historical Monuments” shall refer to structures that
honor illustrious persons or commemorate events of
historical value as declared by the National Historical
Institute;
(u) “Historical Shrines” shall refer to historical sites or
structures hallowed and revered for their history or
association as declared by the National Historical Institute;
(v) “Historical Street Name” shall refer to a street name
which has been in existence for at least fifty (50) years and
over time has been considered historic;
(w) “Important Cultural Property (ICP)” shall refer to a
cultural property having exceptional cultural, artistic, and
historical significance to the Philippines, as shall be
determined by the National Museum and/or National
Historical Institute.
(x) “Intangible Cultural Heritage” shall refers to the
practices, representations, expressions, knowledge, skills -
as well as 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; and (5) traditional craftsmanship;
(y) “Intangible cultural property” shall refer to the peoples’
learned processes along with the knowledge, skills and
creativity that inform and are developed by them, the
products they create and the resources, spaces and other
aspects of social and natural context necessary for their
sustainability.
(z) “Library” shall refer to an institution where the collection
of books, manuscripts, computerized information, and other
materials are organized to provide physical, bibliographic,
and/or intellectual access to the public, with a librarian that is
trained to provide services and programs related to the
information needs of its clientele;
(aa) “Museum” shall refer to a permanent institution that
researches, acquires, conserves, communicates, and
exhibits the material evidence of humans and their
environment for purposes of education or leisure;
(bb) “National Cultural Treasure” shall refer to a unique
cultural property found locally, possessing outstanding
historical, cultural, artistic and/or scientific value which is
highly significant and important to the country and nation,
and officially declared as such by pertinent cultural agency;
(cc) “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 various
yet common identities, cultural heritage and national
patrimony.
(dd) “Natural Property of Cultural Significance” shall refer
to areas possessing outstanding ecosystem with flora and
fauna of national scientific importance under the National
Integrated Protected Areas System ;
(ee) “NCCA Portal Cultural Databank” refers to the specific
domain in the Commission’s intranet for cultural information
that is accessed only internally with control and
 confidentiality. It includes the registry of national cultural
property.
(ff) “Pre-history” shall refer to the period of human history
before the introduction of the forms of writing;
(gg) “Registry” shall refer to the Philippine Registry of
Cultural Property which is the registry of all cultural property
of the country deemed of significant importance to our
cultural heritage;
(hh) “Restoration” shall refer to the action taken or the
technical intervention to correct deterioration and alterations.
(ii) “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.

ARTICLE III

CULTURAL PROPERTY

SECTION 4. Categories. - The Cultural Property of the country

shall be categorized as follows:

(a) National Cultural Treasures;

(b) Important Cultural Property;

(c) World Heritage Sites;

(d) National historical shrine;

(e) National Historical Monument; and,

(f) National Historical Landmark;

SECTION 5. Cultural Property Considered Important Cultural

Property. -For purposes of protecting a cultural property against
exportation, modification or demolition, the following works shall be
considered Important Cultural Property, unless declared otherwise
by the pertinent cultural agency:

Unless declared by the Commission,

(a) Works by a Manlilikha ng Bayan;

(b) Works by a National Artist;

Unless declared by the National Museum,

(c) Archaeological and traditional ethnographic materials;

Unless declared by the National Historical Institute,

(d) Works of national heroes;

(e) Marked structure;

(f) Structures dating at least fifty (50) years old; and

Unless declared by the National Archives,

(g) Archival material/document dating at least fifty (50) years old.

The property owner may petition the appropriate cultural agency to

remove the presumption of important cultural property which shall
not be unreasonably withheld.

SECTION 6. World Heritage Sites (WHS). - The appropriate

cultural agency shall closely collaborate with United Nations
Educational Scientific and Cultural organization (UNESCO)
National Commission of the Philippines in ensuring the
conservation and management of world heritage sites of cultural
and mixed sites category, in the Philippines.

SECTION 7. Privileges for Cultural Property. - All cultural

properties declared as National Cultural Treasures and national
historical landmarks 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 National Cultural treasures;

(c) An official Heritage Marker placed by the cultural agency

concerned indicating that the immovable cultural property
has been identified as national cultural treasures; and/or
national historical landmarks, sites or monuments; and,

(d) In times of armed conflict, natural disasters, and other

exceptional events that endanger the cultural heritage of the
country, all National Cultural Treasures or national historical
landmarks, sites or monuments shall be given priority
protection by the Government.

All cultural properties declared as Important Cultural Property may

also receive government funding for its protection, conservation,
and restoration. An official Heritage Marker shall likewise be placed
on an immovable cultural property to identify the same as
important cultural property.

SECTION 8. Procedure for Declaration, or De-Listing of

National Cultural Treasures or Important Cultural Property. -
The procedure in declaring as well as in delisting a National
Cultural Property or an Important Cultural Property shall be as
follows:
 (a) A declaration or a delisting of a cultural property as a
National Cultural Treasure or an Important 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

national cultural treasure or an important cultural property, the
cultural agency concerned shall send notice of hearing to the
owner and stakeholders. Stakeholders, including but not
limited to local government units, local culture and arts council,
local tourism councils, non-government conservation
organizations, and schools, may be allowed to file their
support or opposition to the petition;

(c) The owner and/or other 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 such position paper. Extensions may be
allowed, but in no case shall it exceed more than thirty (30)
days; and

(d) The petitioner/stakeholder shall give their answer within

fifteen (15) days upon receipt of any position paper.
Thereafter, no further submissions shall be allowed.

(e) The appropriate cultural agency shall have a maximum of

ninety (90) days from the deadline of the submission of all the
answers within which to submit its resolutions and render its
decision on the application.

SECTION 9. Right of First Refusal on the Sale of National

Cultural Treasures (NCT). –

The appropriate cultural agency shall be given the right of first

refusal in the purchase of cultural properties declared as national
cultural treasures. Prior to the finality of the sale, the appropriate
cultural agency may likewise match any offer made for the
purchase of national cultural property.
SECTION 10. Licensing of Dealers of Cultural Property. - All
dealers of cultural property shall secure a license to operate as
such from the appropriate cultural agency concerned. They shall
submit a quarterly inventory of items carried, which shall include a
history of each item. Failure to submit two (2) consecutive
inventories shall be a ground for cancellation of the license. All
dealers of Cultural Property shall be subject to inspection of the
concerned cultural agencies.

The cultural agencies may charge and collect fees for registration
as well as for licenses, inspections, certifications, authorizations
and permits that they issue and undertake in connection with the
implementation of this Act. Funds generated from these
collections by cultural agencies shall be retained by the cultural
agency concerned for its operations.

SECTION 11. Dealings of Cultural Property. - No cultural

property shall be sold, resold, or taken out of the country without
first securing a clearance from the cultural agency concerned. In
case the property shall be taken out of the country, it shall solely
be for the purpose of scientific scrutiny or exhibit.

ARTICLE IV

HERITAGE ZONES

SECTION 12. Designation of Heritage Zones. - The National

Historical Institute and the National Museum in consultation with
the Commission and, the Housing and Land Use Regulatory Board
or other concerned agencies, shall designate Heritage Zones to
protect the historical and cultural integrity of a geographical area.
SECTION 13. Maintenance of Heritage Zones. - A Heritage Zone
shall be maintained by the local government unit concerned, in
accordance with the following guidelines:

(a) Implementation of adaptive re-use of cultural property;

(b) Appearance of streets, parks, monuments, buildings, and

natural bodies of water, canals, paths and Barangays within
a locality shall be maintained as close to their appearance at
the time the area was of most importance to Philippine
History as determined by the National Historical Institute;
and,

(c) Local government units shall document and sustain all

socio-cultural practices such as but not limited to traditional
celebrations, historical battles, recreation of customs, and
the re-enactment of battles and other local customs that are
unique to a locality.

ARTICLE V

REGISTRATION AND CONSERVATION OF CULTURAL

PROPERTY

SECTION 14. Establishment of a Philippine Registry of

Cultural Property (PRECUP). - All cultural property of the country
deemed important to cultural heritage shall be registered in the
Philippine Registry of Cultural Property.

The Commission, through the appropriate cultural agencies and

local government units, shall establish and maintain this Registry
within three (3) years from the effectivity of this Act. The guidelines
in the registration of cultural property are as follows:

All cultural agencies concerned shall individually maintain an

inventory, evaluation and documentation of all cultural
properties it has declared according to their category and shall
submit the same to the Commission. For cultural property
 declared as Immovable Cultural Property, the appropriate
cultural agency shall, after registration, give due notice to the
Registry of Deeds having jurisdiction for annotation on the land
titles pertaining to the same;

Local government units, through their cultural offices, shall

likewise maintain an inventory of cultural property under its
jurisdiction and shall furnish the Commission a copy of the
same;

Both cultural agencies concerned and local government units

shall continuously coordinate in making entries and in
monitoring the various cultural properties in their respective
inventory;

All government agencies and instrumentalities, government-

owned and/or controlled corporations and their subsidiaries,
including public and private educational institutions, shall
report their ownership and/or possession of such items to the
pertinent cultural agency and shall register such properties
within three (3) years from the effectivity of this Act;

Private collectors and owners of cultural property shall register

such properties, within three (3) years from the effectivity of
this Act. The private collectors and owners of cultural
property shall not be divested of their possession and
ownership thereof even after registration of said property as
herein required.

Information on registered cultural properties 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.

SECTION 15. Conservation of Cultural Property. – All

intervention works and measures on conservation of National
Cultural Treasures, Important Cultural Property, as well as national
historical landmarks, sites or monuments, and structures
previously marked by the National Museum and/or National
Historical Institute before the implementation of this Act shall be
undertaken only upon prior approval of the Commission through
the appropriate cultural agency which shall supervise the same.

The Commission shall approve only those methods and materials

that strictly adhere to the accepted international standards of
conservation.

SECTION 16. Documentation and Preservation of Traditional

and Contemporary Arts. - Local government units shall document
traditional and contemporary arts and crafts, including their
processes and makers, and sustain the sources of their raw
materials. The local government units shall encourage and sustain
traditional arts and crafts as active and viable sources of income
for the community.

The Commission, the Department of Trade and Industry, the

Department of Tourism and other government agencies involved
directly or indirectly in the production of goods shall assist the local
government units in protecting their traditional and contemporary
arts and crafts making them viable for current and future markets,
with a view to encouraging and promoting the unique heritage and
identities of the said communities.

The local government unit concerned shall submit an annual

inventory of these documentations to the Commission, which will
be included in the Philippine Registry of Cultural Property, as
established in Section 14 of this Act.

SECTION 17. Systematic Research in Natural History. - The

National Museum shall have the authority to collect, maintain and
develop the national reference collections of Philippine flora and
fauna, rocks and minerals through research and field collection of
specimens including Important Cultural Property within the
territorial jurisdiction of the Philippines. It shall be exempt from any
and all permit systems regulating the same.

The National Museum shall inform the Department of Environment

and Natural Resources and the Department of Agriculture of such
collection. All type of specimens collected in the Philippine territory
shall be deposited in the National Museum.

SECTION 18. Heritage Agreements. - The Commission, upon

advice of the concerned cultural agency, may enter into
agreements with private owners of cultural properties with regard
to the preservation of said properties.

Such agreement shall be in the form of a contract, and may

include such terms and conditions including, but not limited to:

Public access to the property;

Value of the encumbrance;

Duration of the servitude of the property;

Restriction of the right of the owner or occupant to perform acts

on or near the place;

Maintenance and management of the property;

Provision of financial assistance for the conservation of the

property;

Procedure for the resolution of any dispute arising out of the

agreement.

Such agreement should be annotated in the land title to bind future

owners and/or occupants of the immovable cultural property.
SECTION 19. National Inventory of Intangible Cultural
Heritage. – The appropriate cultural agency shall closely
collaborate with the UNESCO National Commission of the
Philippines in safeguarding intangible cultural heritage in the
Philippines. The Philippine Intangible Cultural Heritage Committee
established by the UNESCO National Commission of the
Philippines shall continue to take lead role in implementing the
provisions of the UNESCO Convention for the Safeguarding of the
Intangible Cultural heritage with particular attention to Article 11 to
15 of the said Convention.

SECTION 20. Immovable National Cultural Treasures. -

Immovable National Cultural Treasures shall not be relocated,
rebuilt, defaced or otherwise changed in a manner, which would
destroy the property's dignity and authenticity, except to save such
property from destruction due to natural causes.

The site referred to in this provision may only be moved after

securing a permit from the Commission or the appropriate cultural
agency.

SECTION 21. Indigenous properties. - The appropriate cultural

agency in consultation with the National Commission on
Indigenous Peoples shall establish a program and promulgate
regulations to assist indigenous people in preserving their
particular cultural and historical properties.

SECTION 22. Renaming of Historical Streets, Buildings

Designated as Cultural Treasure or Important Cultural
Property. - The names of historical streets, parks, buildings,
shrines, landmarks, monuments and sites designated as National
Cultural Treasures or Important Cultural Property shall not be
allowed to be re-named by a local or national legislation, unless
approved by the National Historical Institute, and only after due
hearing on the matter. Furthermore, for changes of names done to
historical streets, parks, buildings, shrines, landmarks,
monuments, and sites prior to the effectivity of this act, the
National Historical Institute may direct the local government units
to restore their original names, also after due hearing.

ARTICLE VI

REGULATING THE EXPORT, TRANSIT, IMPORT

AND REPATRIATION OF CULTURAL PROPERTY

SECTION 23. Export of Cultural Property. – Whoever desires

to export cultural property registered in the Philippine Registry of
Cultural Property shall adhere to the following requirements:

Authorization from the Commission through the appropriate

cultural agencies;

Application for export permit shall be submitted thirty (30) days

before the intended export from the Philippines; and

Application for export permit must include the following: (1) the
purpose of the temporary export; (2) the export date of the
cultural property; (3) the repatriation date of the cultural
property; (4) a description of the cultural property; and, (5)
the inventory of the cultural property in the Philippine
Registry of Cultural Property.

The grant of export permit shall be based on the following

conditions: (i) the cultural property is exported on a temporary
basis; and (ii) export of cultural property is necessary for scientific
scrutiny or exhibit.

SECTION 24. Repatriation Claims and Agreements. – Should

the cultural property registered in the Philippine Registry of
Cultural Property be illicitly exported from the country, the
Department of Foreign Affairs shall, upon the recommendation of
the appropriate cultural agency, claim the right of repatriation vis-à-
vis all other contracting States. Any compensation and costs shall
be carried by the Philippine government.

For the protection of cultural and foreign affairs interests and to

secure cultural heritage, the Philippines may conclude international
treaties with contracting States on the import and repatriation of
cultural property subject to the following conditions:

The scope of the agreement must be cultural property of

significant importance to the cultural heritage of the
contracting States;

The cultural property must be subject to the existing export

policies for the purpose of protecting cultural heritage; and,

The contracting States shall grant reciprocal rights.

ARTICLE VII

POWERS OF THE COMMISSION/CULTURAL AGENCIES

SECTION 25. Power to Issue a Cease and Desist Order. - When

the physical integrity of the national cultural treasures or important
cultural properties are found to be in danger of destruction or
significant alteration from its original state, the appropriate cultural
agency, shall immediately issue a Cease and Desist Order
suspending all activities that will affect the cultural property. The
local government unit which has the jurisdiction over the site where
the immovable cultural property is located shall report the same to
the appropriate cultural agency immediately upon discovery and
shall promptly adopt measures to secure the integrity of such
immovable cultural property. Thereafter, the appropriate cultural
agency shall give notice to the owner or occupant of the cultural
property and conduct hearing on the propriety of the issuance of
the Cease and Desist Order. The suspension of the activities shall
be lifted only upon the written authority of the appropriate cultural
agency after due notice and hearing involving interested parties
and stakeholders.

SECTION 26. Power to Issue Compulsory Repair Order. -

When a privately-owned heritage site cannot be maintained by the
owner or has fallen into disrepair thru neglect to such an extent
that it will lose its potential for conservation, the Commission,
through the appropriate cultural agency, may serve on the owner
or occupant of such property, an order to repair or maintain such
site. If the owner fails to comply with said order within thirty (30) to
forty-five (45) days, repairs may be undertaken by the appropriate
cultural agency for the account of the owner.

SECTION 27. Visitorial Powers. - The cultural agencies

concerned, through the Commission, are hereby given the power
to inspect National Cultural Treasures and Important Cultural
Properties, and national historical landmarks, sites or monuments
at any time to ensure the protection and integrity of such. They
may also inspect public or private collections or objects that may
be categorized as cultural property; Provided, That in the case of
private collections or objects, the prior written consent of the owner
shall be obtained.

SECTION 28. Power to Deputize Other Government Agencies.

– The cultural agencies concerned, as well as the Commission,
shall have the power to deputize the Philippine National Police, the
National Bureau of Investigation, the Armed Forces of the
Philippines, the Philippine Coast Guard, and other local or national
law enforcement agencies, including the Bureau of Fisheries’
agents, the Department of the Environment and Natural
Resources’ rangers, the Bureau of Customs and Immigrations
agents, members of the Office of the Special Envoy on
Transnational Crimes and other such agencies and their
successors in interest, to enforce the provisions of this Act and its
implementing rules and regulations. The said agencies shall
immediately detail their respective personnel to protect the cultural
items under the National Registry.

Failure to follow deputization order of the concerned cultural

agency as well as the Commission shall be penalized in
accordance with Section 49herein.

SECTION 29. Power to Recover Cultural Properties. – The

Commission is empowered to recover or retrieve cultural
properties which are under the custody of foreign nationals or
entities and to bring these properties back to Philippine custody.