Title
Supreme Court
Guidelines on National Cultural Treasures Declaration
Law
Nm Office Order No. 2012-35
Decision Date
Jan 20, 2012
A Philippine law aims to preserve and protect the nation's historical and cultural heritage resources by establishing policies and procedures for the declaration and delisting of significant cultural properties, as well as providing guidelines for their conservation and dealings.

Q&A (NM OFFICE ORDER NO. 2012-35)

The State shall promote and popularize the nation's historical and cultural heritage resources and preserve and protect National Cultural Treasures and Important Cultural Properties to safeguard their intrinsic value.

They cover intangible and tangible cultural properties, including both movable and immovable cultural properties across various collections such as fine arts, archaeological, anthropological, botanical, geological, zoological, and astronomical.

An NCT is a unique cultural property found in the Philippines possessing outstanding historical, cultural, artistic, and/or scientific value, highly significant and important to the country, and officially declared as such by the National Museum.

NCTs have the highest significance (Grade I) with outstanding value to the nation, while ICPs have exceptional cultural, artistic, historical, or scientific significance but are classified as Grade II.

Grounds include new evidence proving it does not merit outstanding significance, misrepresentation by the owner, unauthorized reconstruction or restoration, severe damage diminishing authenticity, and for NCTs declared by law, only delisted by a specific act from the President or legislature.

The National Museum identifies cultural properties, allows petitions from owners or LGUs (with Sanguniang Bayan resolution if LGU), conducts assessment based on criteria, hears stakeholders’ inputs via NCCA, has a panel of experts evaluate, and then declares with an affirmed resolution by the NM Director.

Owners of the cultural property, individuals, organizations, institutions, or Local Government Units through a Sanguniang Bayan Resolution.

They receive priority government funding for protection, conservation and restoration, incentives for private support, utmost priority protection during armed conflict and natural disasters, and may receive government funding as ICPs.

Such properties cannot be sold, resold, or taken out of the country without clearance from the National Museum; change of ownership is only allowed by inheritance or sale approved by NM, and taking out of the country requires an export permit from NM only for exhibition or scientific study and must be returned immediately.

The NM must follow standards such as the Venice Charter (International Charter for Conservation and Restoration of Monuments and Sites), Washington Charter (Charter on the Conservation of Historic Towns and Urban Areas), Nara Document on Authenticity, American Institute for Conservation Code of Ethics, and other universally accepted conservation standards.


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