Title
Amended IRR of RA 7356 on NCCA and Cultural Arts
Law
Ncca
Decision Date
Oct 11, 2007
Republic Act No. 7356 establishes the National Commission for Culture and the Arts (NCCA) to promote and conserve Filipino culture and arts, outlining its organizational structure, functions, and the establishment of the National Endowment Fund for Culture and the Arts (NEFCA) to support cultural programs.
A

Q&A (NCCA)

The rules shall be known as the "Amended Implementing Rules and Regulations of 2007 of Republic Act No. 7356 entitled, An Act creating the National Commission for Culture and the Arts, Establishing a National Endowment Fund for Culture and the Arts, and for other Purposes."

Culture is a manifestation of the freedom of belief and of expression, and is a human right to be accorded due respect and allowed to flourish.

The NCCA is created to formulate policies for the development of culture and arts; implement these policies in coordination with affiliated agencies; coordinate programs of these agencies; administer the National Endowment Fund for Culture and Arts; encourage artistic creation within artistic freedom; develop and promote Filipino national culture and arts; and preserve Filipino cultural heritage.

The Commission is composed of undersecretaries from the Department of Education Culture and Sports, Department of Tourism; chairs of education and culture committees from both houses of Congress; heads of cultural agencies like Cultural Center of the Philippines, National Historical Institute, National Museum, National Library, Institute of Philippine Languages, Records Management and Archives Office; Executive Director of NCCA; head of the Subcommission on Cultural Communities and Traditional Arts; and three representatives from the private sector elected by the heads of national committees within respective subcommissions.

They have a term of three years reckoned from July 1, 1992.

Members shall not be eligible for any grant or financial aid from the Commission as individuals during their term. However, one year after their term expires, they may compete for grants and awards on the same level as other artists.

The Commission is mandated to formulate and implement policies and plans for culture and arts development according to the principles on culture stated in Rule 1.

The NCCA shall formulate policies, coordinate government cultural agencies, create committees, generate resources, accept donations, administer the National Endowment Fund for Culture and Arts, submit annual budgets, advise the President on cultural matters, regulate activities inimical to cultural heritage, investigate violations, and promulgate rules necessary to implement RA 7356.

NEFCA is a fund established exclusively for Philippine arts and cultural programs nationwide. It is funded by seed capital from PAGCOR, a portion of travel tax collections, grants from government corporations, and private donations. The fund is managed by a reputable government-accredited investment institution and administered by the Commission.

An applicant must be a Filipino citizen of legal age and good standing, have substantial interest, experience or service in the sector, achieved high expertise in the concerned committee, be a certified member or head of an accredited organization, have a broad grasp of Philippine culture especially the specific sector, be able to represent NCCA or the sector, have networking capabilities, and be willing to devote sufficient time and effort to committee work.

The Chairperson may be removed for culpable violation of NCCA rules or the Implementing Rules and Regulations, culpable violation of the NCCA Code of Ethics, conviction by final judgment for violation of the Code of Conduct and Ethical Standards for Public Officials and Employees, or conviction by final judgment of a crime involving moral turpitude, subject to due process and a two-thirds vote of the Commission.

The Commission shall meet at least once a month at a place and time approved by a majority of members.

The NCCA is composed of Subcommissions, National Committees, National Advisory Board, and the Secretariat.

The Executive Director heads the Secretariat, administers day-to-day operations, ensures implementation of Commission resolutions, formalizes grants with Memoranda of Agreement, and provides administrative support to the Commission and bodies attached thereto.

The Commission can provide financial and economic assistance such as subsidies, artist funds, and social security to promote cultural development and protect artists and cultural workers, while ensuring artistic freedom and encouraging research and artistic creation as per Section 13.

Each Commissioner has one vote. Representatives attending in lieu of Commissioners may vote only if authorized in writing by the Commissioner they represent.

No, the Chairperson cannot serve for more than two consecutive three-year terms. Filling up an unexpired term counts as a full term.

The NCCA can regulate activities inimical to the preservation and conservation of national cultural heritage, investigate such activities with other government agencies, prosecute violations, and recommend legislative or executive measures.

The NCCA is exempt from all income and duty obligations. Materials necessary for Filipino artists that are not locally produced shall be tax or duty-free.


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