108 OG No.

26, 3149 (June 25, 2012)

[ NCCA IMPLEMENTING RULES AND

REGULATIONS OF Republic Act No. 10066,
June 25, 2012 ]
AN ACT PROVIDING FOR THE PROTECTION AND
CONSERVATION OF THE NATIONAL CULTURAL HERITAGE,
STRENGTHENING THE NATIONAL COMMISSION FOR
CULTURE AND THE ARTS (NCAA) AND ITS AFFILIATED
CULTURAL AGENCIES, AND FOR OTHER PURPOSES

Rule I
TITLE, PURPOSE AND
CONSTRUCTION

SECTION 1. Short Title. - These rules shall be known as the "Implementing Rules
and Regulations of Republic Act No. 10066 otherwise known as the National
Cultural Heritage Act of 2009"

Sec. 2. Purpose. - These Rules are promulgated to prescribe the procedures and
guidelines for the implementation of RA No. 10066 in order to facilitate compliance
therewith and to achieve the objectives thereof.

Sec. 3. Construction. - These Rules shall be construed and applied in accordance

with, and in furtherance of the policies and objectives of the law. In case of conflict
or ambiguity, which may arise in the implementation of these Rules, the National
Commission for Culture and the Arts shall issue the necessary clarification. In case
of doubt, the same shall be construed liberally and in favor of the Constitutional
directives to foster preservation, enrichment and dynamic evolution of a Filipino
culture.

Rule II
DECLARATION OF POLICIES
AND OBJECTIVES

Sec. 4. Declaration of Policies.—In line with the Constitution, the following

policies shall guide these rules:
Section 4.1. The State shall foster the preservation, enrichment, and
dynamic evolution of a Filipino national culture based on the principle of unity
in diversity in a climate of free artistic and intellectual expression (Sec. 14,
Art. XIV Constitution)

Section 4.2. Arts and letters shall enjoy the patronage of the State. The
State shall conserve, promote, and popularize the nation's historical and
cultural heritage and resources, as well as artistic creations. (Sec. 15, supra)

Section 4.3. 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. (Sec. 16, supra)

Section 4.4. The State shall recognize, respect, and protect the rights of
 indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies, (sec. 17, supra)
Sec 5. Objectives.—In pursuit of cultural preservation as a strategy for
maintaining Filipino identity, these rules shall pursue the following objectives:
Section 5.1. Protect, preserve, conserve and promote the nation's cultural
heritage, its property and histories, and safeguard the ethnicity of local
communities;

Section 5.2. Establish and strengthen cultural institutions; and,

Section 5.3. 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.

Rule III
DEFINITION OF TERMS

Sec 6. Definition of Terms.—for purposes of this Act, the following terms shall be
defined as follows:

(a) "Adaptive Re-use" shall refer 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 refer to any place where studies of specific ethno-
linguistic groups are undertaken, the properties of which are of value to cultural
heritage.

(c) "Antique" shall refer to a cultural property found locally which is one hundred (100)
years in age, more or less, the production of which has ceased.

(d) "Archeological Area" shall refer to any place whether above or underground,
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) "Archive" or "archives" shall refer to public and private records in any format which
have been selected for permanent preservation because of their evidential, historical
information 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 refer to architectural and engineering structures, such as but not
limited to bridges, government buildings, ancestral houses, places of worship,
traditional dwellings, military installations, train stations, lighthouses, small ports, city
and streetscapes, educational technological and industrial complexes, and their settings,
and landscapes with notable historical and cultural significance.

(g) "Collector" shall refer 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 refer to all the processes and measures of maintaining the
cultural significance of a cultural property, including but not limited to, preservation,
restoration, reconstruction, protection, adaptative re-use or any combination thereof.

(j) "Cultural agencies" shall refer to any of the following national government agencies
with their specific areas of responsibility: National Museum (cultural property), the
National Library (books); National Historical Commission of the Philippines
(Philippine history), the National Archives of the Philippines (documents), the Cultural
Center of the Philippines (culture and the arts) and Komisyon ng Wikang Filipino
(language).

(k) "Cultural Education" shall refer to the teaching ahd 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 primarily engaged 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 architecture and sites or human activity
[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 and 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, archeological, artistic,

geographical areas, center district, and settings that are culturally significant to the
country, as declared by the National Museum and/or the National Historical
Commission of the Philippines.

(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 Commission of the Philippines.

(t) "Historical Monuments" shall refer to structures that honor illustrious persons or
commemorate events of historical value as declared by the National Historical
Commission of the Philippines.

(u) "Historical Shrines" shall refer to historical sites or structures hallowed and revered
for their history or association as declared by the National Historical Commission of the
Philippines.
(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, the National Historical Commission of the
Philippines, the National Library of the Philippines and/or the National Archives of the
Philippines.

(x) "Incunabula" printed works produced by the native press when the art of printing in a
particular country or locality is still in infancy. In the Philippines, historians and
bibliographers often refers to the years 1593 to 1640 our incunabula period.

(y) "Intangible Cultural Heritage" shall refer to the practices, representations,

expressions, knowledge, skills, as well as instruments, objects and artifacts associated
therewith, that communities, groups and individuals recognize as part of their cultural
heritage, such as: (1) oral traditions, usages, customs, languages and other expressions;
(2) performing arts; (3) social practices, religious rites, rituals, culinary traditions and
festive events; (4) knowledge and practices concerning nature and the universe,
worship and (5) traditional craftsmanship.

(z) "Intangible cultural property" shall refer to the peoples' learned processes along with
knowledge, skills and creativity that inform and are developed by them, the products
and other manifestations that they create and the resources, spaces and pother aspects of
social and natural Context necessary for their sustainability.

(aa) "Language" refers to the codes use and symbols used by a particular speech
community in both written and spoken form to facilitate the conduct of any
discourse that contributes to the smooth functioning of society.

(bb) "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.

(cc) "Manuscripts" works prepared by hand including handwritten or typescript

drafts of the publication papers or works not otherwise in multiple copies.

(dd) "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.

(ee) "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 officially declared as
such by the pertinent cultural agency.

(ff) "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.

(gg) "Natural Property of Cultural Significance" shall refer to areas possessing

 outstanding ecosystems with flora and fauna with national scientific importance
under the National Integrated Protected Areas System.

(hh) "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 Philippine Registry of Cultural
Property (PRECUP).

(ii) "Pre-history" refers to the period of human existence and activities before the
introduction of the forms of writing.

(jj) "Presidential Papers/ Collections" contains published and unpublished

collection on Philippine presidency from Emilio Aguinaldo to present. It also
includes photographs, books collections, manuscripts, personal papers and
records as well as digital resources.

(kk) "Rarebooks" all Filipiniana books printed or publish before 1945. It also
includes original manuscripts, exceptional collections, and other publications of
historical importance.

(ll) "Records" recorded information produced or received in the initiation, conduct

or completion of an institutional or individual activity and that comprises content,
context and structure sufficient to provide evidence of the activity.

(mm) "Registry" shall refer to the Philippine Registry of Cultural Property (PRECUP),
which is the registry of all cultural property of the country deemed significant to
cultural heritage.

(nn) "Restoration" shall refer to the action taken or the technical intervention to
correct deterioration and alterations.

(oo) "Special Collections" materials, within a library, which are "special" in nature
which are typically stored because they are unusually valuable, rare, and unique.
It also includes rare books, archives, and collected manuscripts.

(pp) "Tangible cultural property" shall refer to cultural property with historical,
archival, anthropological, archeological, artistic, and/or architectural value and
with exceptional or traditional production, whether of Philippine origin or not,
including antiques and natural history specimens with significant value.

Rule IV
CULTURAL PROPERTY

Sec. 7. Categories. - The Cultural Property of the country whether public or

privately owned, movable or immovable, and tangible or intangible shall be
categorized as follows:

The following shall be declared as Grade I level:

(a) World Heritage Sites;

(b) National Cultural Treasures;

(c) National Historical Landmarks;

(d) National Historical Shrines; and,

 (e) National Historical Monuments.
The following shall be declared as Grade II level:
(a) Important Cultural Properties;

Section 7.1. Grade III cultural property. — All other cultural property in
the Registry of Cultural Property not declared as Grades I or II shall be Grade
III cultural property deemed Important Cultural Property, unless otherwise
delisted.

Section 7.2. Uncategorized property.— Undeclared property not falling

under the presumption of Important Cultural Property, but contains
characteristics that will qualify them as such shall be registered in the
Philippine Registry of Cultural Property.
Sec. 8. 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:
Section 8.1. Works by a Manlilikha ng Bayan.— Works by deceased
Manlilikha ng Bayan awardees shall be considered Important Cultural
Property, unless declared or its presumption removed by the Commission.

Section 8.2. Works by National Artists.—Works by deceased National

Artists shall be considered Important Cultural Property, unless declared or its
presumption removed by the Commission.

Section 8.3. Archeological, traditional, ethnographic material.—

Unless declared or its presumption removed by the National Museum, all
archeological and traditional ethnographic materials shall be considered
Important Cultural Property.

Section 8.4. Works and Structures.—Unless declared or its presumption

removed by the National Historical Commission of the Philippines, works of
national heroes, movable or immovable structures marked by the NHCP or
any of its predecessor agencies or structures at least fifty (50) years old,
shall be considered Important Cultural Property.

Section 8.5. Archival materials or documents.— Unless declared or its

presumption removed by the National Archives, archival materials or
documents at least fifty (50) years old shall be considered Important Cultural
Property.

Section 8.6. Rarebooks and Incunabula.—Unless declared or its

presumption removed by the National Library of the Philippines, rarebooks,
special collections, and incunabula shall be considered Important Cultural
Property.
Sec. 9. World Heritage Sites (WHS). — The Commission, together with either
the National Museum or the NHCP 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 9.1. Standards of conservation for World Heritage Sites.— The
WHS shall be subject to the highest standards of conservation and
management prescribed by the WH Convention, its Operational Guidelines
and the WH Convention, its Operational Guidelines and the WH Committee,
to ensure the safeguarding and sustainability of its Outstanding Universal
Values over time. In no manner shall the Outstanding Universal Value, its
authenticity and integrity be allowed to be compromised.

Section 9.2. Monitoring of World Heritage Sites.—The Commission shall

 continuously monitor the condition of the sites and shall, with the National
Museum and the NHCP as appropriate, collaborate with the site managers
and the Local Government Units where the WHS is located to ensure the
safeguarding of the Outstanding Universal Value, the integrity and
authenticity of the WHS.

Section 9.3. Referral to penal provisions.—Should an agency, local or

otherwise, fail to ensure the authenticity and integrity of the WHS, the
Commission shall enforce the penal provisions of this Act.

Section 9.4. Conservation Management Plan.—The Commission shall

ensure that all WHS have a Conservation Management Plan. This
Management Plan shall be prepared according to the requirements of WH
Convention and its Operational Guidelines and shall contain provisions for
protection, management and conservation of the WHS including cartographic
materials that clearly show its boundaries and allowed zones for protection.

The Management Plan shall be implemented by all sectors involved in the

conservation, management and protection of the WHS including other non-
government stakeholders of the property.

The Conservation Management Plan shall be subject to regular evaluation

and review by the Commission.

Section 9.5.Technical assistance. — The Commission, the National

Museum or the NHCP, as appropriate, may provide technical assistance to
stakeholders and local government units with property in the tentative list for
the preparation of the necessary documents and dossier required for
inscription in the UNESCO World Heritage List.
Sec. 10. Privileges of 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) Incentives 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 World Heritage Sites, National Cultural
Treasures or National Historical Landmarks, sites or monuments shall be given utmost
priority protection by the Government.

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

Sec. 11. Procedure for Declaration, De-Listing and Lifting of National

Cultural Treasures, Important Cultural Property or Property Deemed
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:
Section 11.1. Filing of the petition. — A declaration or a lifting of cultural
property as National Cultural Treasure or Important Cultural Property shall
 commence upon the filing of a verified petition by the owner, stakeholder or
any interested person with the Commission, which shall issue temporary
remedies, if necessary to protect a site prior to declaration, after which it
shall refer the matter to the appropriate cultural agency.

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;

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

The petitioner/stake-holder shall give their answer within fifteen (15) days
upon receipt of any position paper. Thereafter, no further submissions shall
be allowed.

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 11.2. Filing fees.—The Commission may charge a fee for petitions.
Sec. 12. Right of First Refusal on the Sale of National Cultural Treasures,
Important Cultural Properties, National Historical Landmarks, declared
sites and structures. - The appropriate cultural agency shall be given the right of
first refusal in the purchase of cultural property 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 12.1. Notice in writing.—Any owner of a National Cultural
Treasure shall notify in writing the appropriate cultural agency when it has an
agreement to sell said National Cultural Treasure and the terms and
considerations thereof.

Section 12.2. Period for Exercise of the Right — The owner shall give
the appropriate cultural agency ninety (90) days from notice in which to
match the consideration for the purchase of the said National Cultural
property.
Sec. 13. Licensing of Dealers of Cultural Property. — All dealers of cultural
properties shall secure a license to operate as such from the National Museum. The
National Museum shall continue the licensing of dealers, agents and exporters of
cultural properties as well as the renewal of their licenses pursuant to the existing
rules and regulations.

All agents of dealers and exporters of cultural properties shall also secure a license
from the National Museum in accordance with the existing policies of the National
Museum.

SeC. 14. 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, particularly the National Museum in the case of a Permit
to Export.. In case the property shall be taken out of the country, it shall solely be
for the purpose of scientific scrutiny or exhibit, repair, visual arts cleaning and
restoration, except for those cultural property that are considered fine arts, works
of National Artists other than for Architecture, and those works that have been
produced by living Manlilikha ng Bayan awardees and artifacts, archeological,
traditional and ethnographic materials classified as Grade III.

(a) Sale or Resale of Cultural Property - The sale or resale of a cultural

property, subject to the right of first refusal in Section 12 hereof shall also require
the following:

1. National Cultural Treasures shall not change ownership, except by

inheritance or by sale duly approved by the concerned cultural agency;
provided, however, that it may not be taken out of the country for reasons of
inheritance or sale.

2. National Cultural Treasures may be taken out of the country only with a
written permit from the concerned cultural agency and only for purposes of
exhibition or for scientific scrutiny but shall be returned immediately after
such exhibition or study; provided, however, that necessary safeguards have
been duly complied with, as required by the concerned cultural agency.

(b) Purposes for which a Cultural Property Grade I and II may be taken out
of the country - In case the property shall be taken out of the country, it shall
solely be for the purpose of scientific scrutiny or exhibit, and shall meet the
following requirements:

1. The applicant must execute an affidavit that the cultural property is not for
sale and will guarantee its return to the country after its event;

2. To guarantee such return, the said cultural property shall be covered by a

surety bond amounting to 100% of the appraised value. The surety bond
shall be issued by a reputable insurance company;

3. In case the exhibit of the cultural property is extended, prior approval by the
National Museum shall be secured;

4. The bond shall be forfeited when the National Museum is not informed of its
extension.

No licensed agent, dealer or exporter shall engage in the sale of cultural

properties not duly stamped or marked by the National Museum or concerned
agency;

Cultural properties in transit within the Philippines shall be covered by a

conduction invoice by the seller thereof indicating his Residence Certificate
and Tax Account Number;

Within one hundred and twenty (120) days after the approval of these rules
and regulations all cultural properties placed on sale shall be duly registered
and stamped by the National Museum or concerned agency;

Transfer, change of ownership or sale of National Cultural Treasure and

Important Cultural Properties shall be reported to the Commission or the
concerned agency by the transferee within thirty (30) days from the
conclusion of such transaction.

(c) Intangible cultural property.—The Commission shall monitor and administer

the protection of intangible cultural property. The material recordings of intangible
property shall be closely monitored. Recordings of intangibles save for indigenous
design shall require written permits from the Commission when taken out of the
country.
 Rule V
HERITAGE ZONES / DISTRICTS

Sec. 15. Designation of Heritage Zones. - The National Historical Commission of

the Philippines, the National Museum, in consultation with 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.
Section15.1. Declared Heritage Zones. — shall be subject to the
environmental impact assessment laws, rules and regulations of the DENR
and shall henceforth be considered a culturally sensitive area for purposes of
complying with the requisites of the said laws, rules and regulations.

Section 15.2. Petition for declaration of Heritage Zones. — Local

government units may apply with the NHCP or National Museum for the
designation of a heritage zone in its jurisdiction.
Sec. 16. Maintenance of Heritage Zones. — A Heritage Zone shall be
maintained by the local government unit concerned, in close coordination with the
appropriate cultural agency. The local government unit having jurisdiction over a
declared Heritage Zone shall have 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 Commission of the Philippines; and,

(c) Local government units shall document and sustain all socio-cultural practices such as
but not g 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.

Rule VI
REGISTRATION AND CONSERVATION
OF CULTURAL PROPERTY

Sec. 17. 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.
Section 17.1. Inventory by Cultural Agencies. - All cultural agencies
concerned shall individually maintain and come up with an inventory,
evaluation and documentation of all cultural property they have declared and
shall submit the same to the Commission.

Section 17.2. Annotation of Titles of Immovable Cultural Properties -

For property declared as Immovable Cultural Property, the appropriate
cultural agency shall, after registration, give a copy of the said property to
the Registry of Deeds having jurisdiction over the said property, for
annotation on the land titles covering said immovable property.

Section 17.3. Inventory by LGUs - 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.
 Section 17.4. Confidentiality - 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 17.5. Public Accessibility - The Commission shall maintain a

separate list for the public stating the categories and cultural properties
thereunder for public access that will not indicate ownership and location of
such cultural properties.
Sec. 18. Conservation of Cultural Property.—All intervention works and
measures on conservatfon of National Cultural Treasures, Important Cultural
Property, as well as National Historical Landmarks, sites, monuments, and
structures previously marked by the National Museum and/or the National Historical
Commission of the Philippines 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.

Sec. 19. 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 within their jurisdiction. 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.

Sec. 20. 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.

(a) The exemption shall be guided with the following principles:

1. Natural History specimens are organisms and objects (live or preserved) that
are collected or studied in the Philippines. This can include collections that
are donated or given as exchange that can promote and develop the nation's
rich natural and cultural heritage of the Filipino People;

2. The National Museum shall be exempt from applying for permits pertinent to
collection and transport within the Philippines. Such research / collection
activities shall be accompanied by a Travel Order and Authority to Collect
duly signed by the Director of the National Museum or his duly authorized
representative.
 3. Collection, either of whole specimens or derivatives (such as parts, tissue
samples, or genetic samples), shall be allowed only for the establishment of
reference collection and / or taxonomic study.

4. The National Museum shall inform the Department of Environment and

Natural Resources and the National Commission on Indigenous People for
the collection of terrestrial species. It shall inform the Department of
Agriculture for the collection of aquatic/marine species.

5. The local officials from the barangays to municipal and or city government
officers shall also be informed of the collection. The Palawan Council for
Sustainable Development (PCSD) shall be likewise be notified in case the
collections is conducted in Palawan.

6. All holotype specimens of fossils, plants and animals collected in Philippine

territory shall be deposited in the National Museum. However, all other types
of specimens such as paratypes, neotypes, etc. need not necessarily be
deposited at the National Museum chiefly for safety and security reasons.

7. All government agencies as well as private entities involved in research in

natural history shall submit the list of holotypes with their corresponding
information to the National Museum one hundred and twenty (120) days
after the approval of these Rules. The transfer of holotypes shall be done
upon request by the National Museum.

8. All holotypes of fossils, plants and animals are classified as Important

Cultural Property while specimens belonging to endangered species; and
irreplaceable specimens such as fossils, and specimens that are 100 years
old or more are classified as Cultural Property Grade II. Holotypes may be
declared National Cultural Treasures.

9. The Permit to Export any specimens under the category of cultural property
shall be issued by the National Museum. Likewise, the National Museum shall
issue the Certificate of Non-Coverage for all other natural history specimens.

10. Natural history specimens collected in the Philippines by the National

Museum acquired through exchange and collaborative work, donation, gift
and purchase shall be deposited in the National Museum.

(b) Natural History specimens can be accessed by the public following the rules and
regulations on the access to museum collections and data.

(c) To establish linkages with researchers and scientists from local and foreign
institutions, the National Museum shall designate them as National Museum
Research Associates in conformity with its own guidelines.

Sec. 21. 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:
(a) Public access to the property;

(b) Value of the encumbrance;

(c) Duration of the servitude of the property;

(d) Restriction of the right of the owner or occupant to perform acts on or

 near the place;

(e) Maintenance and management of the property;

(f) Provision of financial assistance for the conservation of the property;

(g) Provision of financial assistance for the conservation of the property;

and,

(h) 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.

Sec. 22. National Inventory of Intangible Cultural Heritage. - The appropriate

cultural agency shall closely collaborate with the UNESCO National Commission of
the Philippines in the implementation of the provisions-of the UNESCO conventions
to which the Philippines is a signatory. 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. This inventory shall be included
in the registry.

Sec. 23. Immovable National Cultural Treasures. - Immovable National

Cultural Treasures and important cultural properties or declared structures 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.

Sec. 24. 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.

Sec. 25. 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
Commission of the Philippines, 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 Commission of the Philippines may direct the local government
units to restore their original names, also after due hearing.

Rule VII
REGULATING THE EXPORT, TRANSIT,
IMPORT AND REPATRIATION OF
CULTURAL PROPERTY

Sec. 26. Export of Cultural Property. - Whoever desires to export cultural

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

(a) Authorization from the Commission through the appropriate cultural agencies;
 (b) Application for export permit shall be submitted thirty (30) days before the intended
export from the Philippines; and,

(c) 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.

Sec. 27. 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-a-vis all other
contracting States. Any compensation and costs shall be carried by the Philippine
government subject to reimbursement and liability by the person who caused the
illegal importation.
Section 27.1. International agreements.— 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:

(a) The scope of the agreement must be cultural property of significant

importance to the cultural heritage of the contracting States;

(b) The cultural property must be subject to the existing export

policies for the purpose of protecting cultural heritage; and,

(c) The contracting States shall grant reciprocal rights.

Rule VIII
POWERS OF THE COMMISSION/
CULTURAL AGENCIES

Sec. 28. 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.

Sec. 29. 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.

Sec. 30. 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 30.1. Coordination by the Commission. — The Commission shall
coordinate the conduct of inspection by experts from the National Museum
and/ or the National Historical Commission of the Philippines on buildings and
built environment declared as National Cultural Treasures and Important
Cultural Properties and shall be responsible for deputizing law enforcement
agents if necessary to enforce the visitorial power. Such inspections may be
made in consonance with the required periodic monitoring of the such sites
to determine their current condition, to address concerns of stakeholders on
the property or to determine if the property is in danger or has actually been
altered, demolished, or suffers neglect or deterioration.

Section 30.2. World Heritage Sites.— The periodic monitoring of World

Heritage Sites shall be in accordance with the recommended operational
guidelines set by the UNESCO. The periodic monitoring shall be undertaken
by the Commission using experts from the National Museum or National
Historical Commission of the Philippines or members of the appropriate
National Committee.

Section 30.3. Intangible cultural properties. - The Commission shall

periodically monitor on site intangible cultural property and may therefore
enter into communities to fulfill that purpose, subject to jurisdiction of
government agencies such as National Museum and National Commission for
Indigenous Peoples.
Sec. 31. 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 the provision of the act.
Section 31.1. Other instances of deputization.—The Commission at the
request of the National Museum, shall coordinate the deputization of the
Philippine National Police or the Armed Forces of the Philippines in relation to
the protection of known or newly discovered archeological sites.
Sec. 32. 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.

Sec. 33. Anthropological Research and Archaeological Exploration /

Excavation.
Section 33.1. Regulation and control of foreign and local research,
data and specimen gathering, archeological exploration and
excavation, treasure hunting and accidental discoveries. —The
National Museum with respect to cultural/ archaeological/ anthropological
matters, and the National Historical Commission of the Philippines, with
respect to historical matters, shall regulate and control all anthropological
research conducted by foreigners; and all archaeological excavation or
exploration. Pursuant to the foregoing, the National Museums and/or the
NHCP shall deputize other agencies to protect archaeological and
anthropological sites. It shall be guided by the following rules:

1. All cultural property found in terrestrial and / or underwater archaeological

sites belong to the State.

2. No terrestrial and/or underwater archaeological explorations and

excavations for the purposes of obtaining materials and data of cultural
value shall be undertaken without written authority and direct site
supervision bv archaeologists and/or representatives of the National
Museum;

3. All anthropological researches, for the purpose of obtaining materials and

data of cultural value and where the principal proponent is a foreign national
shall be undertaken only with the authority and supervision of the National
Museum or the National Historical Commission of the Philippines.
Anthropological research by Philippine nationals, especially members of the
indigenous communities shall be encouraged;

4. All surveys, exploration and excavation or diggings of archaeological or

historical sites, whether in government or private property for the purpose of
obtaining materials of cultural and historical value shall be undertaken only
by the National Museum or any other, institutions authorized by National
Museum; Provided however, the archaeological project of any institution shall
be subject to Permit System being imposed by the National Museum and
shall be subject to inspection and monitoring at any time by an authorized
representative of National Museum.

5. The National Museum is the sole institution that issue Permit to Conduct
Archaeological Exploration and Excavation and shall continue the issuance of
such permits pursuant to existing guidelines of the agency.

6. The National Museum shall formulate mechanisms in the granting of

permit to conduct anthropological researches by foreign national. Only
foreign anthropologists with a valid researcher's visit (visa) shall be allowed
to conduct anthropological studies.

7. Special Authority to conduct anthropological researches shall be granted to

foreigner who are designated as National Museum Research Associates.

8. All local anthropologists shall inform the National Museum pertinent to

their research in declared anthropological reservations.

9. Archaeological or anthropological materials presumed as important cultural

property shall be allowed to leave the country only upon proper evaluation
and written permission of the National Museum or the National Historical
Commission of the Philippines;

10. All explorations and excavations undertaken wherein the caves, rock
shelters and their vicinities may have been used in the prehistoric past by
man either for habitation, religious and/ or sacred and burial purposes all
over the country, shall be under the direct jurisdiction and supervision of
archaeologists and/or other experts of National Museum; The National
Museum shall be responsible in the management and protection of caves
assessed with cultural, paleontological and archaeological values in
collaboration with the Regional Cave Committee.
11. The National Museum and the National Historical Commission of the
Philippines shall participate actively in the National Cave Committee and
Regional Cave Committees throughout the country to ensure that caves with
cultural and historical values are preserved and protected.

12. All mining activities inside caves, rock shelters and any such other areas
shall require a written permit and clearance from the National Museum. An
appropriate prior inspection by representatives of the National Museum,
funded by the company applying for a mining right, shall be required to
ensure that no archaeological materials are present and, possibly, destroyed;

13. Archaeological Impact Assessment must be incorporated as one of the

prerequisite for the issuance of Environmental Clearance Certificates which
should be undertaken ahead of time prior to the start of the construction
project.

14. The Regional Cave Committees shall inform the National Museum on the
proposed mining activity to be undertaken in caves; In coordination with the
company that applied for mining right, the National Museum shall conduct
test excavation in caves, rockshelters or any other such areas to ensure that
no archaeological material is present.

15. The report on test excavation shall be submitted by the National Museum
to the Department of Environment and Natural Resources. When the area
has no archaeological significance, the National Museum shall issue a
clearance which is a prerequisite requirement before the issuance of mining
permit;

16. If the cave, rock shelter or similar areas yield archaeol-ogical and or
historical objects, no clearance shall be issued and the site will be under the
management of the National Museum and or National Historical Commission
of the Philippines;

17. During the mining operation, the National Museum shall periodically
dispatch personnel to assess the ongoing activities in caves, rock shelters
and other similar areas;

18. All treasure hunting permits and licenses shall be issued by the National
Museum, which shall formulate the rules and regulations to adequately
control, regulate and monitor all applicants for such undertakings; and for
this purpose, guidelines shall be adopted by the the National Museum, as the
lead agency in collaboration with the Department of Environment and Natural
Resources through the Mines and Geo-Sciences Bureau which shall form part
of these Rules;

19. The provisions of these Rules on explorations and excavations of

terrestrial and underwater archaeological sites shall supersede all local,
municipal, regional and autonomous regional governments' resolutions and
ordinances.

20. The discoverer shall report the said cultural or historical property to the
Commission or to the concerned agency; activities leading to the non-
reporting of sites shall be considered physical interventions on
archaeologicals or historical site and shall be penalized accordingly.

21. When the presence of any cultural or historical property is discovered,

the National Museum or the National Historical Commission of the
Philippines which may act through the Commission shall immediately
suspend all activities that will affect the site and shall immediately notify the
local government unit having jurisdiction of the place where the discovery
was made. The local government unit shall promptly adopt measures to
protect and safeguard the integrity of the cultural property so discovered and
within five (5) days from the discovery shall report the same to the
appropriate agency. The suspension of these activities shall be lifted only
upon the written authority of the National Museum or the National Historical
Commission of the Philippines and only after the systematic recovery of the
archaeological materials. Such activities may include agricultural and
engineering works, mineral and marine explorations;

22. All excavations in private property done by institutions other than

concerned agency shall be undertaken only with the written consent of the
owner(s) of the site and with the supervision of the qualified archaeologists
or of such other persons who in the opinion of the concerned agency is
competent to supervise the work;

23. All archaeological excavations done by other institutions shall be

monitored by the representatives of the National Museum; The supervisor of
an archaeological project shall be required by the concerned cultural agency
to submit at any time a report on the progress of the project. The supervisor
of an archaeological project shall, within 30 days upon the completion of the
excavation or diggings, deposit with the concerned agency a catalogue of all
the materials found thereon and description of archaeological context in
accordance with the accepted archaeological practices.

24. After the analysis, all cultural and historical materials recovered from the
excavations shall be turned over to the National Museum. Supported with a
Memorandum of Agreement, authorized educational institutions or
organizations may have a share of the collections provided that the objects
shall be used for educational and research purposes. Only artifacts that are
categorized as Cultural Property Grade III can be shared.

Section 33.2. Sharing of discovered materials.— Sharing of the

collection as part of the deaccessioning policy of the National Museum or for
a long term loan shall be subject to the pertinent guidelines of the National
Museum.

Section 33.3. Fees.— All institutions authorized by the National Museum to

explore, excavate, collect or conduct research, shall pay fees approved by
the Director of the National Museum.

Section 33.4. Incentives.— The Commission, upon the recommendation

of the National Museum, shall provide incentives for persons who discover
and report heretofore unknown archaeological sites, in accordance with these
Rules.

Section 33.5. Environmental Impact Assessment.— Any government or

nongovernment infrastructure project or architectural site development shall
include anthropological, archaeological, historical and heritage site
conservation concerns in their Environmental Impact Assessment System.

Prior to the issuance of Environmental Clearance Certificate, Archaeological

Impact Assessment is a requirement in areas declared as Heritage Zones and
in known or newly discovered archeological sites. In the event that an
archeological site is discovered on a project which had received a clearance,
all earth moving activities shall cease immediately, subject to an assessment
by the National Museum.
 Section 33.6. National Museum shall establish guidelines for the verification
and inspection of land and underwater archaeological sites which shall form
part of these Rules.
Rule IX
ROLE OF CULTURAL AGENCIES

Sec. 34. Responsibilities of Cultural Agencies for Designation of Cultural

Property. - The cultural agencies, in conformity with their respective charters, shall
define and delineate their respective areas of responsibility with respect to cultural
property. These areas shall be subject to periodic re-assessment whenever
necessary.
Section 34.1. The Commission as administrator of RA 10066.—The
commission will administer and execute the provisions of this Act not
otherwise assigned to particular cultural agencies and any and all acts to be
referred or delegated by the cultural agencies.

Section 34.2. The Cultural Agencies.—For purposes of this Act, the

following shall be the responsibilities of cultural agencies in the categorization
of cultural property:

(a) The Cultural Center of the Philippines (CCP) shall be responsible for
significant cultural property pertaining to the performing arts;

(b) The National Archives of the Philippines (NAP) shall be responsible

for significant archival records and materials;

(c) The National Library of the Philippines (NLP) shall be responsible for
rare and significant contemporary books, manuscripts such as, but not
limited to, presidential papers, periodicals, newspapers, singly or in
collection, and libraries and electronic records;

(d) The National Historical Commission of the Philippines (NHCP) shall

be responsible for significant movable and immovable cultural property that
pertains to Philippine history; heroes and the conservation of historical
artifacts;

(e) The National Museum (NM) shall be responsible for significant

movable and immovable cultural and natural property pertaining to
collections of fine arts, architectural arts and built heritage, archaeology,
anthropology, botany, geology, zoology and astronomy, including its
conservation aspect;

(f) The Komisyon sa Wikang Filipino (KWF) shall be responsible for the
dissemination, development, and the promotion of the Filipino national
language and the conservation of vernacular languages.
Sec. 35. Institutional Linkages of the National Cultural Agencies.— The
cultural agencies and other national government agencies, as listed below, shall
consult, coordinate and work closely with the Commission in the implementation of
their respective programs/projects in the context of this Act. Furthermore, the
Commission may link up with other agencies and institutions, as it may deem
appropriate, as a way of dealing with conservation on a holistic manner.

(a) The Department of Tourism, and its attached agencies, which shall be responsible for
cultural education among tourism services, and protection of cultural property
supplemental to the jurisdiction of the cultural agencies as defined in this Act. The
implementation and creation of a tourism master plan shall be consistent with this Act;

(b) The Intramuros Administration which shall be responsible for the restoration and
 administration of the development in Intramuros;

(c) The National Parks Development Committee as an attached agency of the

Department of Tourism, which shall be responsible in supervising the development
(beautification, preservation and maintenance) of Quezon Memorial, Fort Santiago,
Luneta, Paco Park, Pook ni Maria Makiling and other national parks and satellite
projects;

(d) The Department of Education which shall be responsible in instituting the

governance of basic education act, and the conservation and restoration of its built
heritage such as the significant Gabaldon School buildings as determined by the
National Historical Commission of the Philippines;

(e) The Department of Public Works and Highways which shall be responsible in
undertaking major infrastructure projects specifically in the planning, design,
construction, and maintenance of national roads and bridges as they impact on
heritage structures or aspects of heritage conservation;

(f) The National Commission on Indigenous Peoples in behalf of the country's

indigenous cultural communities, which shall coordinate with the national agencies on
matters pertaining to Cultural Property under its jurisdiction;

(g)
The Department of Environment and Natural Resources which shall be responsible
for the establishment and management of the National Integrated Protected Areas
System and the conservation of wildlife resources, including cave and cave resources
and which shall coordinate with the National Commission on Indigenous peoples, the
conservation of natural resources that are cultural sanctuaries of indigenous peoples;

(h) The Department of the Interior and Local Government which shall coordinate with
the national cultural agencies on matters pertaining to Cultural Properties under its
jurisdiction, and ensure that the provisions of this Act is properly executed by the local
government unit;

(i) The Office of the Muslim Affairs which shall coordinate with the national cultural
agencies on matters pertaining to Cultural Property under its jurisdiction;

(j) The UNESCO National Commission of the Philippines which shall be responsible
for providing the liaison between the cultural agencies of the Philippines and
UNESCO as well as assist the national cultural agencies in implementing the
agreements and conventions adopted by the UNESCO of which the Philippines has
ratified or is in the process of ratification;

(k) The Housing and Land Use Regulatory Board which shall coordinate with the local
government units and the Commission on matters pertaining to the establishment and
maintenance of Heritage Zones;

(l) The Autonomous Regional Government in Muslim Mindanao and the Cordillera
Administrative Region which shall coordinate with the national cultural Agencies on
matters pertaining to Cultural Property under their respective jurisdictions; and,

(m) The Office of the Special Envoy on Transnational Crimes, which shall have the
oversight and operational capacity to go after illicitly trafficked and stolen cultural
treasures.
Sec. 36. Incorporation of Cultural Property Programs in Local Government
Units Budgets. - The local government units are encouraged to incorporate
programs and budgets for the conservation and preservation of Cultural Property in
their environmental, educational and cultural activities. The Commission may
provide expert advice in the conduct of the local government's cultural activities.

Sec. 37. Training Programs. - The Commission, in coordination with the

appropriate cultural agencies shall provide general training programs on
conservation to the local government units which have established cultural heritage
programs and projects in their localities.

Rule X
CULTURAL PROPERTY INCENTIVES
PROGRAM

Sec. 38. Tax Exemption on Donations. - All donations in any form to the
Commission and its affiliated cultural agencies shall be exempt from the donor's tax
and the same shall be considered as allowable deduction from the gross income in
the computation of the income tax of the donor, in accordance with the provisions
of the National Internal Revenue Code of 1997, as amended, subject to the
issuance of the appropriate rules thereon by the Bureau of Internal Revenue.

Sec. 39. National Heritage Resource Assistance Program. - The Commission

may provide financial assistance in the form of a grant to historic, archaeological,
architectural, artistic organizations for conservation or research on cultural
property. No grant made pursuant to this Act shall be treated as taxable income.

Sec. 40. Awards and Citations. - To encourage preservation of the national

heritage, the Commission shall establish an annual conservation recognition
program under which monetary prizes, awards and citations will be given by the
President of the Philippines, upon the recommendation of the Commission, for
special achievements and important contributions and services in the area of
heritage preservation and conservation efforts

(a) The Annual Heritage Conservation Recognition Program shall be staged during the
annual Heritage Month Celebrations to honor outstanding achievements in the field of
heritage preservation and conservation.

(b) In its first year of implementation, the Annual Heritage Conservation Recognition
Program shall cover feats and accomplishments within the two immediately preceding
years of living individuals and existing organizations.

(c) The Commission shall adopt applicable parameters of the NCCA Gawad Alab ng
Haraya including General Nomination Rules and Requirements, and Criteria for
Selection.

(d) Subject to the Commission's discretion and determination, winners of the Annual
Heritage Conservation Recognition Program Awards shall be accorded citations and
monetary prizes

Rule XI
CULTURAL EDUCATION

Sec. 41. Incorporation of National Cultural Treasures and Important

Cultural Properties in the Basic Education System. - Within one (1) year from
the effectivity of this Act, the Department of Education in coordination with the
Commission's Philippine Cultural Education Program 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 Cultural Property shall likewise be incorporated into the
formal, alternative, and informal education by the provincial and local governments.

Sec. 42. Cultural Heritage Education Program. - Within one (1) year from the
effectivity of this Act, the Department of Education, the Technical Education and
Skills Development Authority and the Commission on higher Education in
consultation with the Commission shall set forth in its teaching programs
nationwide the following cultural heritage education programs with emphasis at the
provincial, city and municipal levels:

(a) Protection, conservation and preservation of cultural heritage properties;

(b) Instructional materials in print, film and broadcast media on the cultural and historical
significance of cultural properties; and,

(c) Visitation, public accessibility and information dissemination on designated local

cultural properties.

Section 43. Public Accessibility. - Access to national historical landmarks,

monuments and sites, whether designated as National Cultural Treasure, Important
Cultural Property by the general public for visitation and information, and by
government representatives for inspection, shall not be hindered except on
reasonable cause. Fees, as prescribed by the cultural agency concerned, may in
appropriate cases be charged to defray cost of conservation, inclusive of general
maintenance and upkeep. In the case of privately owned monuments and sites, the
National Historical Commission of the Philippines or the National Museum shall
arrange with the owners the schedules of visits and regular inspection.

Specimens shall be available for study by bona fide students, researchers and other
interested persons under the supervision of authorized staff and following policies
on the access to collection and data of concerned agency.

Published research data and relevant information shall be shared with the public

Entrance fees shall be charged in National Museum's archaeological sites and

branch museums.

Rule XII
CULTURAL HERITAGE WORKERS'
INCENTIVES PROGRAM

Sec. 44. Cultural Heritage Workers' Incentives. - The national cultural

agencies, in coordination with the Commission on Higher Education shall initiate
scholarships, educational training programs, and other measures to protect the
well-being of curators, conservators, authenticators and valuators/appraisers of
cultural property. Such cultural workers shall be given grants, incentives and
scholarships upon the endorsement by the head of the appropriate cultural agency.

(a) Program for Cultural Heritage Workers. Within ninety (90) days from the
effectivity of this Act, the Commission through the cultural agencies concerned shall
come up with the following:

1) An active Roster of Authenticators and Valuators/ Appraisers;

 2) An education and training plan for conservators, authenticators, valuators /
appraisers, and other conservation related workers; and,

3) A general training plan on conservation for local government units.

(b) Application of Scientific Career Merit System. Cultural heritage workers in the Civil
Service with a Doctorate, Master of Science, or Master of Arts Degree in fields related
to cultural heritage promotion and conservation, shall be given the rank and benefits of
Scientists, subject to qualifying standards equivalent to those prescribed in the
scientific career merit system of the government.

A cultural heritage worker involved in science and technology in the government

agencies shall be eligible for the benefits under Republic Act 8439 or the Magna
Carta for Scientists, Engineers, Researchers and other S&T Personnel in
Government. The Commission shall likewise establish a merit award system for
non-civil service cultural heritage workers.

Rule XII
SENTRO RIZAL

Sec. 45. Purpose and General Coverage.—These Implementing Rules and

Regulations for the Sentro Rizal are promulgated pursuant to Sections 38, 42, 43,
44, 45, 46, 47 and 51 of Republic Act 10066. It shall cover the functions of the
Sentro Rizal, the participation of various government agencies and appropriations.

Sec. 46. Statement of Policy. — It is the policy of the State to promote, and
popularize the nation's historical and cultural heritage and resources, as well as
artistic creations and to ensure equal access to cultural opportunities through the
educational system, public or private cultural entities and community cultural
centers, and other public venues. (Art. XIV, Sees. 15 and 18, 1987 Constitution)

Sec. 47. Construction.—The Implementing Rules and Regulations for the Sentro
Rizal shall be liberally construed in order to carry the national policy of promoting
Philippine culture particularly among overseas Filipinos.

Sec. 48. Sentro Rizal. — The National Commission for Culture and the Arts shall
establish the Sentro Rizal to be located in its main office.

Sec. 49. Offices and Branches.— Thereafter the NCCA shall establish offices or
branches of the Sentro Rizal in countries where there are children of overseas
Filipino workers who need to be educated about their roots, as well as in developed
countries where there are large Filipino communities.

Sec. 50. Overseas Locations. — The overseas offices or branches of the Sentro
Rizal are to be located as follows:

(a) In countries where there are children of overseas Filipino workers who need to be
educated about their roots, the office or branch shall be located in the Philippine
embassy or consulate nearest the areas where most of the families of said children are
located.

(b) In developed countries where there are large Filipino communities, the Sentro Rizal
may be located in privately owned buildings or offices and may be run by local
Filipino expatriates or former Filipino citizens.

Sec. 51. Functions of the Sentro Rizal offices or branches.— The Sentro Rizal
office or branch shall, among others, have the following functions:
 (a) Be repositories, inter alia, of the following materials on Philippine art, culture and
language: books, digital video discs, compact discs, films, magazines, artworks,
tourism promotion materials, information materials. All these shall be made available
to the public both Filipino and foreign.

(b) Organize cultural events and activities for Filipinos, especially for children overseas,
hold fora on indigenous traditions and practices alonn with cultural heritage campaigns
for Philippine heritage promotions abroad. The branches and offices shall duly report
these activities to the Sentro Rizal on a quarterly basis

(c) Coordinate the activities of visiting artists and performing groups from the Philippines
to ensure maximum participation and community impact.

(d) Offer Filipino language courses, their study and appreciation thereof, for children and
adults, as well as exhibits, small concerts, poetry reading and Philippine cuisine
lessons.

Sec. 52. Participation of Government Agencies.— The pertinent government

agencies shall have the following participations:

(a) The Department of Tourism as well as the Department of Education, National

Commission for Culture and the Arts, Commission for Higher Education, the National
Historical Commission of the Philippines, National Museum of the Philippines,
National Archives of the Philippines, the National Library of the Philippines, the
Komisyon ng Wikang Filipino, and the Cultural Center of the Philippines shall provide
information materials to the Sentro Rizal branches overseas.

(b) In the same manner the Department of Trade and Industry willalso provide trade and
investment materials.

(c) The Department of Education, in coordination with the Commission's Philippine

Cultural Education Program shall formulate the cultural heritage education programs
for overseas Filipinos to be incorporated into the formal, alternative and informal
education, with emphasis on the protection, conservation and preservation of cultural
heritage property.

(d) The Commission for Filipinos Overseas (CFO) shall work as the partner agency for the
NCCA and may assist the latter in establishing or operating or may itself operate
Sentro Rizal in any of the schools falling under its oversight functions.

Sec. 53. The Sentro Rizal Secretariat.— The Sentro Rizal shall be under the
office of the NCCA Chairman who shall set its staffing and with due consultation
with the NCCA Board, set its yearly budget.

Sec. 54. Separability Clause.—If any clause, sentence, section or provision of

these rules is held or declared unconstitutional, or invalid by a competent court, the
remaining parts of these Implementing Rules and Regulations shall not be affected
thereby.

Sec. 55. Repealing and Amending Clause. — All Rules and Regulations and
resolutions of the NCAA Board inconsistent with or contrary to the provisions of
these Implementing Rules and Regulations, are hereby repealed or modified
accordingly.

Sec. 56. Effectivity. - These rules and regulations shall take effect immediately
after publication in two newspapers of general circulation or in the Official
Gazetter, whichever takes place sooner. A copy of these Rules shall be deposited in
the National Administrative Register.

Source: Supreme Court E-Library

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