Title
IRR of RA 7356 on National Culture Commission
Law
Ncca
Decision Date
Apr 2, 2004
The National Commission for Culture and the Arts (NCCA) is established to promote, preserve, and develop Filipino culture and arts through policies that ensure cultural sovereignty, equitable access, and the active participation of the people in cultural initiatives.
A

Establishment and Mandate of the NCCA

  • The National Commission for Culture and the Arts (NCCA) is tasked with policy formulation, implementation, and coordination for culture and arts development.
  • It administers the National Endowment Fund for Culture and the Arts (NEFCA).
  • Encourages artistic freedom, promotes national culture, and preserves cultural heritage.

Composition and Terms of the NCCA

  • Composed of government officials from culture-related departments and private sector representatives elected from cultural subcommissions.
  • Non-ex-officio members serve a three-year term; all members are ineligible for personal grants during tenure.

Mandates for Pluralistic Culture Development

  • Elimination of censorship harmful to cultural growth.
  • Financial assistance, decentralization of cultural opportunities, and recognizing artistic achievements.
  • Protecting rights and promoting welfare of artists and cultural workers.
  • Supporting research and legislation for cultural protection.
  • Fostering public-private partnerships.

Promotion and Preservation of Historical and Cultural Heritage

  • Conservation and retrieval of cultural artifacts and endangered skills.
  • Support for cultural monuments, museums, libraries, archives, and scholarly research.
  • Encouragement of cultural documentation, writing of history, and support of cultural events and programs.

Dissemination of Cultural Works

  • Integration of arts and culture education at all levels.
  • Supporting publication, exhibition, and performance of Filipino works.
  • International cultural exchange programs and translation initiatives.
  • Collecting cultural data to aid policy formulation.

Preservation of Traditional Culture

  • Support for apprenticeship and cultural arts centers.
  • Encouragement of cultural research and ensuring benefits to cultural communities.
  • Providing legislators with cultural information for laws.

Powers and Functions of the NCCA

  • Organize regional and local councils for culture and arts.
  • Establish secretariat and coordinate among government cultural agencies.
  • Generate and manage resources including grants administration.
  • Advise the President on cultural affairs and create special awards.
  • Regulate and investigate activities harmful to cultural heritage.
  • Delegate decision-making powers as appropriate.

NCCA Organizational Units

  • Composed of Subcommissions, National Committees, National Advisory Board, and Secretariat headed by an Executive Director.

Governance: The Chairperson

  • Elected by Commission members for a three-year term, with a maximum of two consecutive terms.
  • Grounds for removal include violations of rules, ethics, or conviction of crimes involving moral turpitude.
  • Has leadership and representational duties; no honorarium but reimbursed for expenses.

Role and Compensation of Commissioners

  • Participate in policy-making, projects approvals, and budget planning.
  • Each commissioner has one vote; representatives vote only with authorization.
  • Non-ex-officio members receive per diem and travel reimbursements; ex-officio members receive allowances accordingly.

Commission Meetings

  • Regular monthly meetings required; special meetings can be called with notice.
  • Quorum requires majority of members or their representatives.
  • Referendums permitted for urgent decisions needing majority approval.
  • May adopt internal procedural rules governing conduct and discipline.

Secretariat Functions

  • Provides administrative and technical support.
  • Assists in national cultural planning and monitors program implementation.
  • Prepares reports to President and Congress.
  • Executive Director appointed based on qualifications and commission approval.

Subcommissions

  • Four Subcommissions: Cultural Heritage, The Arts, Cultural Dissemination, Cultural Communities and Traditional Arts.
  • Responsible for assessments, coordination, and recommending actions to the Commission.
  • Have elected officers serving three-year terms.
  • Meetings require Secretariat presence; decisions may be made by referendum.
  • Grounds for removal include rule and ethics violations.

National Advisory Board

  • Consists of heads of National Committees.
  • Assesses culture and arts conditions; proposes policies and coordinates multi-subcommission programs.
  • Can mediate conflicts and serve as Grievance Board.
  • Quarterly regular meetings; special meetings on urgent request.
  • Decisions made with quorum; presiding officer votes only to break ties.

National Committees

  • Composed of recognized cultural practitioners and organizations.
  • Membership ensures representation from ethno-linguistic groups and regional organizations.
  • Individuals may only belong to one Committee.
  • Membership subject to qualification criteria including citizenship, expertise, and good standing.
  • Functions include communication, program facilitation, membership expansion, and election of Executive Councils.
  • General assembly or membership meetings every three years.

Executive Council (ExeCon)

  • Working group of each National Committee with 7-15 elected members.
  • Formulates rules, proposes policies, plans projects, evaluates grants and reports.
  • Identifies contributors and may initiate projects.
  • Officers serve three-year terms; absenteeism can trigger replacement.
  • Removal for violations of rules, ethics, or conviction of crimes.

Local Culture and Arts Councils

  • NCCA may establish or coordinate local/regional councils.
  • Councils encouraged to propose local cultural policies.

National Cultural Agencies Coordination

  • NCCA coordinates with Cultural Center of the Philippines, National Historical Institute, National Museum, National Library, Komisyon sa Wikang Filipino, and Records Management and Archives Office.
  • Agencies continue under respective charters but submit reports and recommendations to NCCA.

National Endowment Fund for Culture and the Arts (NEFCA)

  • Established with seed capital from PAGCOR and allocations from travel tax collections.
  • Government corporations may contribute up to 15% of their unimpaired surplus.
  • Private donations are tax-deductible.
  • Fund administered by NCCA with appointed fund manager and comptroller.
  • Use restricted mostly to programs/projects; administrative expenses capped.
  • Exempted from pre-audit by Commission on Audit.

Tax and Duty Exemption

  • NCCA income and essential materials for Filipino artists are exempt from taxes and duties.
  • Formal arrangements may be made with appropriate government agencies for enforcement.

Revolving Fund

  • Up to P500,000 income from sales of cultural items/publications constitutes a revolving fund for production costs; excess remitted to the General Fund.

Conflict of Interest

  • Secretariat members and NCCA community must avoid any conflict of interest in evaluation or approval of projects.
  • Must declare possible conflicts; Commission may waive rules at its discretion.

Amendments, Repealing, Separability, and Effectivity

  • Amendments may be adopted by the Commission after consultations.
  • Previous inconsistent rules are repealed.
  • Invalid provisions do not affect remaining provisions if separable.
  • Rules effective 15 days after publication.

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