Question & AnswerQ&A (Republic Act No. 9105)
Republic Act No. 9105 is known as the "Art Forgery Act of 2001."
The State's policy is to protect, conserve, develop and promote the nation's cultural heritage, artistic creations, and resources.
Art forgery is committed when a person or entity affixes a forged signature on fine art, counterfeits an original signature with intent to deceive, sells or circulates forged works, or imitates art with intent to deceive as to authenticity.
It refers to all original works like paintings, sculptures, drawings, graphic and photographic works, and sculpture casts, excluding mass-produced works intended for commercial use.
Any person or entity that sells or deals in works of fine art for profit or gain, including art galleries, art brokers, and agents.
It is composed of three members appointed by the National Museum Board of Trustees from a list submitted by the Search Committee.
They verify and certify original works of fine art, issue certificates, accept registrations, collect fees, investigate violations, promulgate rules, and impose fines related to the Act.
Members must be Filipino citizens, at least 35 years old, possess proven competence and integrity, and have training or experience in art conservation, connoisseurship, art history, or visual arts.
Members are appointed for two years and may serve no more than two consecutive terms.
The committee includes the Executive Director of the National Museum, a Commissioner of NCCA, president of the Philippine Association of Art Galleries, a National Artist for Visual Arts, two deans of fine arts schools, and the president of the Artists Association of the Philippines.
Penalties include imprisonment from six years and one day to twelve years and fines ranging from P50,000 to P500,000. Corporations’ officers responsible are also penalized, and art dealers face license revocation.
An appropriation of Fifty million pesos (P50,000,000) was allocated from the Organizational Adjustment Fund for equipment, supplies, and expertise related to this law's implementation.
The Board of Trustees of the National Museum is responsible for promulgating the implementing rules and regulations.
The rest of the provisions remain in full force and effect, as stated in the Separability Clause.
It took effect fifteen days after its publication in the Official Gazette or in at least two national newspapers of general circulation.