QuestionsQuestions (Republic Act No. 4846)
The State’s policy is to preserve and protect the cultural properties of the nation and safeguard their intrinsic value.
They include old buildings, monuments, shrines, documents, and objects that may be classified as antiques, relics, artifacts, landmarks, anthropological/historical sites, and natural history specimens of cultural, historical, anthropological, or scientific value—covering physical, anthropological, archaeological, ethnographical materials; meteorites/tektites; historical objects and manuscripts; household/agricultural implements; personal adornment; works of art (painting, sculpture, etc.); and industrial/commercial art items (furniture, pottery, metals, coins, flags, arms/armor, etc.); and vehicles/ships/boats (in whole or part).
Cultural treasures are cultural properties segregated and designated as cultural treasures through the procedure in Section 7. Panels of experts study properties and designate which should be cultural treasures, subject to notice, hearing opportunity, and appeals.
A cultural property is an antique if it is one hundred (100) years or more in age (or even less) but its production has ceased such that it has become or is becoming rare.
Relics are cultural properties, as a whole or in fragments, left behind after destruction/decay of other parts and intimately associated with important beliefs, practices, customs, traditions, periods, and/or personages.
Artifacts are articles that are products of human skills or workmanship, especially simple products of primitive arts or industry representing an area or period.
They are live or preserved specimens of plants and animals, fossils, rocks, and minerals. Only types, presently irreplaceable specimens, and those in danger of extinction are embraced.
Type is a specimen selected as the best representative of a kind/class of objects. For natural history, it is the individual specimen used as the basis of description establishing the species, following nomenclature rules.
Implementation is by the National Museum. The Director must undertake a census, keep records of ownership/location/condition, maintain an up-to-date register, require private collectors/owners and schools to register collections, and report new acquisitions, sales, or transfers.
The Director convenes panels of three competent men in relevant specialized fields. After study and deliberation, they decide which cultural properties in their field should be designated as cultural treasures.
If privately owned, the owner must be notified at least 15 days before designation, invited to attend deliberations, and given chance to be heard. The panel must decide within a week after deliberation. Reconsideration may be sought within 30 days from decision date. If no request is filed within 30 days, designation becomes final and executory. If reconsideration is denied, the owner may appeal to another panel chaired by the Secretary of Education with two experts appointed by the President; that decision is final and binding.
Only the type and the five best duplicates for each kind/class may be designated as cultural treasures. The remainder, if any, remain cultural properties.
Ownership cannot change except by inheritance without prior notification and Museum notations. Cultural treasures may not be taken out of the country for inheritance.
Only with a written permit from the Director. Purposes allowed are cultural exchange programs or scientific scrutiny, with immediate return after exhibition/study. The Director must require adequate insurance against loss/damage and ensure proper accompaniment/protection.
It is unlawful to export or cause export of any cultural properties defined in Section 3 without a written permit from the Director of the National Museum. In granting/withholding the permit, Section 7’s procedure must be satisfied.
A prior written authority from the Director is required. Excavations must be supervised by an archaeologist certified by the Director or another competent person approved by the Director. Upon completion, a detailed report describing methods/techniques, findings, and a catalog of materials found must be deposited with the Museum, following accepted archaeological practices. If buried cultural property is struck, excavation must be suspended and reported immediately; the Director investigates and insures proper/safe removal with owner’s knowledge and consent, and suspension cannot be lifted without the Director’s approval.
Restorations, reconstructions, and preservation of government historical buildings, shrines, landmarks, monuments, and sites designated as cultural treasures must be undertaken with Museum advice and supervision.
Investments certified by the Director for purchasing cultural properties or supporting scientific/cultural expeditions/explorations/excavations for gathering data and bringing hidden cultural properties to light are deductible from income tax returns. If a collector sells cultural properties allowed under the Act, proceeds are considered income and taxable. The Government has a first option to buy such cultural properties when placed on sale.