QuestionsQuestions (Republic Act No. 11961)
RA No. 11961 is entitled an Act strengthening the conservation and protection of Philippine cultural heritage through cultural mapping and enhanced cultural heritage education program. It amends Republic Act No. 10066, the “National Cultural Heritage Act of 2009.”
It defines cultural mapping as the identification, recording, and use of cultural resources of communities through systematic activities and methodological processes for discovering, documenting, analyzing, interpreting, presenting, and sharing information about people, communities, societies, places, and their material products, practices, and narratives.
“Cultural property” broadly includes products of human creativity (movable/immovable, tangible/intangible) such as places of worship, schools, specimens and sites. “Intangible cultural heritage/intangible cultural property” refers to practices, representations, expressions, knowledge, skills, and associated instruments/objects/cultural spaces necessary for sustainability.
Grade I includes national cultural treasures, national historical shrines/monuments/landmarks, WHS and other properties/elements inscribed or designated by international convention (e.g., UNESCO intangible heritage, Memory of the World, biosphere reserves, global geoparks, Ramsar sites, ASEAN heritage parks). Grade II includes important cultural property and natural property of cultural significance, heritage zones, archaeological sites, heritage houses, historic sites, all Gabaldon school buildings, other marked structures, and heritage trees.
They include priority government funding for protection/conservation/restoration; incentives for private support via the Commission’s Conservation Incentive Program; an official heritage marker; priority government protection in armed conflict, natural disasters, and exceptional events; and priority protection from modification or demolition from government projects, subject to consultation with the Commission at the planning stage if potentially affected.
A petition is filed with the Commission. The appropriate cultural agency verifies suitability or prima facie sufficiency, then sends notice of hearing. Stakeholders may file position papers. The owner/stakeholders must submit position papers within 15 days (extensions allowed up to 30 days). If petitioner is not the owner, the petitioner files within 15 days after receipt of others’ position papers. No further submissions are allowed, and the cultural agency must decide in writing within a maximum of 90 days from the deadline of all submissions.
Information regarding private ownership remains confidential in accordance with Republic Act No. 10173 (Data Privacy Act of 2012). Access may be subject to rules and may be given only upon prior consent of the private owner (as stated for private collectors/owners).
LGUs must conduct a comprehensive cultural mapping of their jurisdiction, mobilize partnerships with concerned agencies, may seek assistance from NGOs/cultural/academic/private institutions (subject to Commission guidelines), and must submit results for registration in the Philippine Registry of Heritage. Copies must be furnished to the National Archives of the Philippines (NAP) and the community’s local archives for access and safekeeping.
LGUs coordinate with multiple departments and agencies (e.g., CHED, DA, DepEd, DENR, DFA/UNESCO-related functions, DICT, DILG, DND, DPWH, DOST, DOT, DTI, FDCP, NCIP, UNACOM, BCPCH-BARMM, PITAHC) to support documentation, inventory, research, capacity-building, education, enforcement, tourism-cultural planning, digitization/access, and other mandates relevant to cultural heritage mapping.
ICCs/IPs have every right to conduct comprehensive cultural mapping of their tangible and intangible heritage, whether or not located within ancestral lands/domains. They may seek assistance and coordinate with relevant agencies. They also have the right to determine whether their cultural map shall be entered in whole or in part into the Philippine Registry of Heritage.
Inclusion is subject to prior consultation with ICCs/IPs and to their free, prior and informed consent (FPIC), as provided in Section 16 of the Act.
It serves as the Commission’s office for repository of cultural mapping outputs and other cultural/arts-related research, and facilitates technical assistance, capacity-building workshops, and coordination with LGUs and other sectors/communities needing support.
Historic place names (geographic names, streets, parks, buildings, shrines, landmarks, monuments, sites, and other public spaces) cannot be renamed by local legislation unless approved by the NHCP and only after due hearing. For changes already made prior to the Act’s effectivity, the NHCP may direct LGUs to restore original names after due hearing.
The Commission ensures implementation of heritage laws; CCP for performing arts; NAP for significant archival materials; NLP for rare/significant Philippine books/manuscripts and library/electronic records; NHCP for significant movable and immovable cultural property related to Philippine history/heroes and conservation of historical artifacts; NMP for fine arts/archaeology/anthropology/botany/geology/zoology/astronomy collections and conservation component; and KWF for dissemination/development/promotion/conservation of Filipino national language and other Philippine languages.
The initial amount is Five hundred million pesos (PHP 500,000,000.00), appropriated from funds not otherwise appropriated and available in the National Treasury, to carry out the provisions of the Act.
Within sixty (60) days from the effectivity of the Act.