QuestionsQuestions (Republic Act No. 10066)
Republic Act No. 10066 is the “National Cultural Heritage Act of 2009.” It takes effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
RA 10066 seeks to: (1) protect, preserve, conserve and promote the nation’s cultural heritage, its property and histories, and the ethnicity of local communities; (2) establish and strengthen cultural institutions; and (3) protect cultural workers and ensure their professional development and well-being.
“Cultural property” includes all products of human creativity by which a people/nation reveal their identity—both movable/immovable, tangible/intangible, and whether public or privately-owned, including places of religious worship, schools, and natural history specimens and sites.
Cultural property is categorized as: (1) National cultural treasures; (2) Important cultural property; (3) World heritage sites; (4) National historical shrine; (5) National historical monument; and (6) National historical landmark.
Unless declared otherwise: works by a Manlilikha ng Bayan; works by a National Artist; archaeological and traditional ethnographic materials; works of national heroes; marked structure; structures dating at least fifty (50) years old; and archival material/document dating at least fifty (50) years old.
It begins with a petition filed with the Commission; the relevant cultural agency verifies suitability and sends notice of hearing to owners and stakeholders; stakeholders file position papers within 15 days (extensions allowed but not exceeding 30 days); petitioner answers within 15 days after receipt of position papers; thereafter, no further submissions; the agency must decide within a maximum of 90 days from the deadline of all answers.
Yes. Under Section 9, the appropriate cultural agency has the right of first refusal in the purchase of cultural properties declared as national cultural property, and may match any offer made prior to finality of the sale.
Dealers must secure a license to operate from the appropriate cultural agency, submit quarterly inventory of items (with history of each item), and failure to submit two (2) consecutive inventories is a ground for cancellation of the license. Dealers are also subject to inspection.
No cultural property may be sold, resold, or taken out of the country without first securing a clearance from the appropriate cultural agency. If taken out, it must be solely for scientific scrutiny or exhibit.
Heritage zones are historical, anthropological, archaeological, artistic geographical areas/settings that are culturally significant to the country. They are designated by the National Historical Institute and the National Museum, in consultation with the Commission and the Housing and Land Use Regulatory Board (or other concerned agencies).
The local government unit (LGU) concerned maintains the heritage zone. It must implement adaptive reuse, maintain the appearance of streets/parks/monuments/buildings/natural bodies of water/canals/paths/barangays as close as possible to their appearance when the area was of most importance (as determined by the National Historical Institute), and document and sustain sociocultural practices unique to the locality.
It is the registry of all cultural property of the country deemed of significant importance to cultural heritage. Information on registered cultural properties owned by private individuals remains confidential and may be given only upon prior consent of the private owner; the Commission operates the Registry in the NCCA portal cultural databank.
A person must obtain authorization from the Commission through the appropriate cultural agencies and apply for an export permit at least 30 days before intended export. The application must include purpose (temporary export), export date, repatriation date, description, and inventory. Export permit is granted only if it is temporary and necessary for scientific scrutiny or exhibit.
Cultural agencies may inspect national cultural treasures, important cultural properties, and national historical landmarks/sites/monuments at any time to ensure protection and integrity. For private collections/objects that may be categorized as cultural property, prior written consent of the owner is required.
All cultural properties found in terrestrial/underwater archaeological sites belong to the State; no terrestrial/underwater explorations/excavations for cultural materials/data without written authority and direct site supervision by National Museum representatives/archaeologists. Anthropological research with a foreign principal proponent requires authority and supervision by the National Museum or NHI; treasure hunting permits/licenses are issued by the National Museum.
(a) It is prohibited to destroy, demolish, mutilate or damage world heritage sites, national cultural treasures, important cultural property, archaeological/anthropological sites. (b) It is prohibited to explore, excavate, or dig for cultural-historical value without prior written authority from the National Museum, and no excavation/digging is allowed without supervision of a certified archaeologist.
Upon conviction, the offender faces a fine of not less than P200,000 or imprisonment of not less than ten (10) years, or both (court discretion). If a juridical person committed the act, responsible officers/agents may also be liable; if the offender is a dealer, there is automatic revocation of the license in addition to penalties. If the offender is an alien, the offender is placed in custody of the Bureau of Immigration and summarily deported after serving sentence.