QuestionsQuestions (NM OFFICE ORDER NO. 2012-35)
The Office Order is issued pursuant to Section 6 of Republic Act No. 4846 (as amended by P.D. No. 374), and the National Museum Act of 1998 (R.A. No. 8492). It also cites Sections 4, 7, and 8 of Article III and Section 23 of Article VI of R.A. No. 10066 (National Cultural Heritage Act of 2009).
It emphasizes the constitutional policy to promote and popularize the nation’s historical and cultural heritage, and the state policy to preserve and protect National Cultural Treasures (NCTs) and Important Cultural Properties (ICPs), safeguarding their intrinsic value.
It covers both intangible and tangible cultural properties, including both movable and immovable cultural properties.
“Cultural Property” includes products of human creativity revealing identity, including churches, mosques and other places of religious worship, schools, and natural history specimens and sites, whether public or privately owned, movable or immovable, and tangible or intangible.
An NCT is a unique cultural property found locally with outstanding historical, cultural, artistic and/or scientific value highly significant to the country and officially declared as such by the National Museum. An ICP has exceptional cultural, artistic, historical and/or scientific significance to the Philippines as determined by the National Museum.
Grade I is National Cultural Treasure (highest significance). Grade II is Important Cultural Property (high significance). Grade III refers to cultural properties outside Grades I and II listed in the National Museum Registry of Cultural Property.
Owners of cultural property and other individuals, organizations, and institutions may request the National Museum to declare cultural property as NCT or ICP.
A Sanguniang Bayan Resolution requesting the National Museum to declare a significant cultural property as NCT and/or ICP is required.
It requires petitioners to submit a written commitment to shared responsibility in the maintenance, preservation, and protection of the cultural property.
Examples include: (1) masterpiece of Filipino creativity; (2) unique or exceptional testimony to Philippine cultural tradition; (3) outstanding example of building/architectural/technological ensemble or landscape illustrating significant stages in Philippine history; (4) association with events, living traditions, beliefs, or outstanding art/literary works; (5) buildings/structures at least 50 years old with reasonable integrity/authenticity; (6) superlative natural phenomenon or exceptional natural beauty; among others.
The CPD and a representative from the concerned division fill up official forms for intangible and tangible cultural properties (movable and immovable), referenced as Annexes A, B, and C.
The National Museum sends the dossiers through the appropriate office of the National Commission for Culture and the Arts (NCCA). The NCCA then sends notices of hearing to the owner and stakeholders.
Stakeholders, including LGUs, local culture and arts councils, local tourism councils, NGOs for conservation, and schools, may be allowed to file support or opposition to the petition. CPD representatives and representatives from the concerned division participate actively in the hearings.
After deliberation, the panel issues a resolution and the NM Director IV affirms or negates it (possibly through a referendum). The declaration becomes final and binding 30 days from the date of declaration. Within those 30 days, an owner may file a written motion for reconsideration; if denied, further appeal may be made to the Chairman of the NM Board of Trustees (with two expert members) or to the Chairman of the NCCA, and the decision is final and binding.
Grounds include: (1) new evidence/substantial proof the property does not merit the outstanding significance; (2) misrepresentation by the owner/administrator/custodian; (3) reconstruction/restoration without NM approval; (4) unwarranted intervention/damage/degradation destroying authenticity/integrity or untenable restoration; (5) NCTs declared by law may be delisted unless revoked or amended by a specific act from the Office of the President or legislature.
They shall not be sold, resold, or taken out of the country without first securing clearance from the National Museum. Ownership cannot change except by inheritance or a sale duly approved by the National Museum, and they may not be taken out of the country even for inheritance or sale purposes.
All intervention works and measures for conservation of NCTs and ICPs must be undertaken only upon prior approval of the National Museum, which supervises the same. Approved methods and materials must strictly adhere to accepted international conservation standards.
A heritage marker is placed on the immovable cultural property. The NM bears marker fabrication cost. The marker is government property and cannot be removed, altered, or destroyed without written authority from the NM Director. It must not be removed from original site/structure or transferred without prior written permission; vandalism/violation may lead to criminal liability. The replacement of a lost marker must retain the Republic seal, original installation year, and installing agency.