Question & AnswerQ&A (NATIONAL COMMISSION FOR CULTURE AND THE ARTS)
The purpose is to establish procedures and guidelines for removing the presumption of Important Cultural Property on works of National Artists for Visual Arts to facilitate compliance with Sections 8 of Article 3 and 23 of Article VI of Republic Act No. 10066 (National Cultural Heritage Act of 2009) for the issuance of a permanent export permit.
The policy covers works of National Artists for Visual Arts that are considered as presumed Important Cultural Property as defined in Section 5 of Republic Act No. 10066.
Important Cultural Property refers to a cultural property having exceptional cultural, artistic, and historical significance to the Philippines, as determined by the National Museum.
National Artists of the Philippines are Filipinos conferred with the Order of National Artists by the Republic of the Philippines in recognition of their significant contributions to the development of Philippine art.
Artwork refers to an aesthetic physical item or artistic creation, principally tangible, portable, movable forms of visual art, including pieces regarded as art in its widest sense.
The owner or authorized representative must submit a petition form accompanied by required documents like colored photos of the artwork, micro photo of the artist's signature, provenance, and a certificate of authenticity, duly notarized.
Documents required include colored photos of the artwork, photos of the front, back, and sides of the artwork, notarized provenance, and a certificate of authenticity issued by the National Artist, estate executor, reputable experts, or the National Museum.
A fee of two thousand pesos (Php 2,000) is required for petition processing. This fee covers only processing and does not guarantee that the petition will be granted.
The Commission's Cultural Heritage Section (CHS) officer checks for document completeness, notifies petitioner of deficiencies, posts the petition publicly and electronically for 15 days to invite opposition, and then requests expert assessment.
At least three independent experts specializing in the concerned National Artist's works assess the artwork's national significance, based on historical, aesthetic, scientific, technical, social, and/or spiritual values that unify the nation as per R.A. 10066.
The Board reviews the assessments and public inputs, then may grant or deny the removal of the presumption of Important Cultural Property, issuing a certification and resolution if granted.
The artwork remains declared as Important Cultural Property, and any adverse claimant may file a motion for reconsideration with the Office of the President within 15 days.
The policy takes effect fifteen calendar days after its full publication in the Official Gazette and two daily newspapers of general circulation in the Philippines, whichever occurs sooner.