Scope and Coverage
- Applies exclusively to works of National Artists for Visual Arts that are presumed to be ICP under Section 5 of RA 10066.
Construction and Interpretation
- Guidelines are to be construed in line with the law’s policies and objectives.
- The National Commission for Culture and the Arts (NCCA) will provide clarifications in case of conflicts or ambiguities.
- Guidelines should be interpreted liberally in favor of constitutional directives promoting preservation and cultural evolution.
Definitions of Key Terms
- Artwork: Tangible, portable visual arts objects; excludes broader works like literature or music.
- Cultural Heritage: Entire body of cultural property preserved and passed down through generations.
- Cultural Property: Products of human creativity revealing national identity, including both movable and immovable assets.
- Important Cultural Property (ICP): Cultural property with exceptional cultural, artistic, and historical significance as determined by the National Museum.
- National Artists of the Philippines: Filipinos conferred with the Order of National Artists recognizing their significant artistic contributions.
- Nationally Significant: Values that unify the nation through cultural pride and identity.
- Tangible Cultural Property: Physical objects with historical, artistic, or scientific value, including antiques.
Procedures for Removal of Presumption of ICP
- Filing the Petition:
- Owner or authorized representative submits a petition with required documents:
- Colored photos of artwork (front, back, signature)
- Notarized provenance
- Certificate of authenticity issued by the National Artist, estate executor, reputable experts, or National Museum.
- Owner or authorized representative submits a petition with required documents:
- Appraisal for Completeness:
- CHS officer reviews submitted documents for completeness.
- Petition is returned for completion if requirements are insufficient.
- Payment of Fees:
- Processing fee of PHP 2,000 is required.
- Payment receipt must accompany the petition.
- Posting of Petition:
- Physical and electronic posting for 15 calendar days to invite public opposition or claims.
- Expert Assessment:
- National Committees recommend at least three independent experts specialized in the artist’s work.
- Experts assess based on "national significance" criteria within 15 calendar days.
- CHS officer may inspect artwork personally.
- Recommendation Preparation:
- CHS officer prepares a memorandum with recommendations based on expert assessments and public feedback.
- Decision by Board of Commissioners (BOC):
- BOC grants or denies petition.
- If granted, issues certification and resolution endorsing permit issuance to the National Museum.
- Decision notified to the petitioner.
- Certification does not authenticate the artwork itself.
- If denied, the work remains ICP.
- Adverse claimants may file a motion for reconsideration to the Office of the President within 15 days.
Effectivity
- Policy takes effect 15 calendar days after publication in the Official Gazette and two national newspapers, whichever is earlier.
- Copies deposited with the National Administrative Register and the UP Law Center.