Title
Amended IRR of RA 7356 on NCCA and Cultural Arts
Law
Ncca
Decision Date
Oct 11, 2007
Republic Act No. 7356 establishes the National Commission for Culture and the Arts (NCCA) to promote and conserve Filipino culture and arts, outlining its organizational structure, functions, and the establishment of the National Endowment Fund for Culture and the Arts (NEFCA) to support cultural programs.
A

National Identity and Filipino National Culture

  • Culture reflects and shapes national identity through the people's values, beliefs, and aspirations.
  • The Filipino national culture must be evolved, promoted, and conserved to mirror economic, social, and political life.

Characteristics of Filipino National Culture

  • Independent: Free from inhibiting political/economic structures.
  • Equitable: Ensures equal cultural opportunities for marginalized sectors.
  • Dynamic: Develops alongside scientific and social changes domestically and internationally.
  • Progressive: Develops Filipino potential as active social agents.
  • Humanistic: Upholds freedom and creativity of the human spirit.

People-Centric Cultural Development

  • National culture to be evolved by Filipinos based on ancestral wisdom.
  • Policies are required to be pluralistic, democratic, non-partisan, liberative (decolonizing Filipino psyche), and nationalistic.

Culture Promotion and Preservation

  • Artistic and cultural works promoted widely, including education and media dissemination.
  • Preservation of Filipino cultural heritage and artifacts is a civic duty.

Creation and Mandate of the NCCA

  • The NCCA formulates and implements cultural policies, coordinates affiliated cultural agencies, administers the National Endowment Fund for Culture and the Arts (NEFCA), and promotes artistic freedom and heritage preservation.

Composition and Terms of the NCCA

  • Membership includes ex-officio government officials and private sector representatives.
  • Non-ex-officio members serve three-year terms.
  • Members cannot receive grants during their term but may apply one year after term ends.

Principles Guiding NCCA Policies

  • Encourage freedom of expression, eliminate censorship harmful to culture.
  • Provide financial support and social security to artists.
  • Promote decentralization, recognition, and protection of intellectual property.
  • Support research and legislative advocacy to protect cultural and artistic rights.

Preservation and Promotion of Historical and Cultural Heritage

  • Calls for conservation of cultural artifacts, endangered skills, monuments, museums, scholarly research, and audiovisual documentation.

Dissemination of Arts and Culture

  • Development of culture and arts education;
  • Support for cultural programs and events;
  • Promotion of translation programs and international cultural exchanges;
  • Collaboration with various government and private sectors.

Preservation and Integration of Traditional Culture

  • Support apprenticeship, cultural research, and ensure benefits accrue to cultural communities.
  • Legislative advocacy and continuous training of cultural workers.

Ensuring Standards of Excellence

  • Promote continuous discourse on Philippine cultural norms through symposia and publications.

Powers and Functions of the NCCA

  • Policy formulation, coordination, grant administration, network facilitation, resource generation.
  • Establish Secretariat led by an Executive Director.
  • Enforce cultural laws and prosecute damaging activities.
  • Delegate decision-making as necessary.

Organizational Units of the NCCA

  • Subcommissions covering Cultural Communities and Traditional Arts, Cultural Heritage, the Arts, Cultural Dissemination.
  • National Committees and Executive Councils.
  • National Advisory Board (NAB).
  • Secretariat for administration.

Leadership: Chairperson of the NCCA

  • Elected from Commission members for a maximum of two consecutive three-year terms.
  • Removable for cause including ethical breaches and crimes involving moral turpitude.
  • Responsibilities include leadership, presiding over meetings, advising the President, and representing the Commission.
  • No honorarium; reimbursement for expenses permitted.

Commissioners

  • Attend meetings to formulate policies, approve projects and budgets.
  • One vote per Commissioner; representatives may vote if authorized in writing.
  • Non-ex-officio members receive per diem and travel reimbursements.

Meetings and Procedures

  • Regular monthly meetings; special meetings with proper notice.
  • Quorum defined as majority attendance.
  • Referendum permitted for urgent matters with subsequent confirmation.
  • Parliamentary procedural rules may be adopted.

Secretariat

  • Provides administrative and technical support.
  • Assists in planning, reporting, grant processing, and monitoring.
  • Executive Director appointed by the Commission, supervises operations.
  • Qualifications aligned with government director-level standards.

Subcommissions

  • Four main Subcommissions overseeing respective National Committees in distinct cultural areas.
  • Functions include assessment, coordination, harmonization of policies.
  • Leadership elected for three-year terms, removable for cause.
  • Meetings held regularly with quorum and proper Secretariat presence.

National Advisory Board (NAB)

  • Composed of National Committees' Heads.
  • Functions in assessment, coordination, mediation, policy advocacy.
  • Quarterly meetings with quorum and referendum procedures.

National Committees

  • Composed of artists, cultural workers, and recognized individuals.
  • Membership includes individual, institutional (public and private), and ethno-linguistic representatives.
  • Qualifications include citizenship, expertise, organizational affiliation, and capacity to represent sector.
  • Functions as communication channels, project facilitators, and membership expanders.
  • Meetings every three years or as needed.

Executive Council of the National Committees

  • Working group of thirteen elected members managing committee affairs.
  • Responsibilities include policy formulation, planning, evaluation, advocacy, and networking.
  • Officers elected for three-year terms; attendance mandatory with replacement policies.
  • Removal possible for violations or ethical breaches.

Local, Provincial, and Regional Culture and Arts Councils

  • May be established or coordinated with to implement Commission programs locally.
  • Encouraged to propose policies promoting arts and cultural heritage.

Coordination with National Cultural Agencies

  • Aligns efforts with Cultural Center of the Philippines, National Historical Institute, National Museum, National Library, Komisyon sa Wikang Filipino, and Records Management Agencies.
  • Agencies operate under respective charters.

National Endowment Fund for Culture and the Arts (NEFCA)

  • Fund established exclusively for cultural programs and projects nationwide.
  • Seed capital from PAGCOR and travel tax collections; no grants from principal capital except earnings.
  • Contributions deductible for income tax purposes.
  • Managed by a government-accredited investment institution.
  • Clear guidelines on fund use, administration, audits, and exemption from COA pre-audit.

Tax and Duty Exemptions

  • Commission exempt from income and duty obligations.
  • Materials necessary for Filipino artists and not locally produced are tax/duty-free.
  • Formal agreements to facilitate implementation with appropriate government agencies.

Revolving Fund

  • Income up to P500,000 from cultural item sales retained for production costs; excess remitted to the National Treasury.

Conflict of Interest

  • Officers and employees must avoid situations impairing impartiality.
  • Members must disclose direct or indirect interests in projects and abstain from related decisions.
  • Commission reviews potential conflicts and may waive provisions if justified.

Amendments, Repealing, and Effectivity

  • Amendments require consultation and must align with the Act.
  • Previous inconsistent rules repealed.
  • Separability clause ensures invalid provisions do not nullify the remainder.
  • Rules effective 15 days after publication.

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