Law Summary
Government Reorganization and Role of NHI
- Presidential Decree No. 1 (September 24, 1972) reorganized the government and assigned the NHI responsibility for the preservation and restoration of various historic sites and buildings.
Issue of Unauthorized Alterations
- Instances have occurred where private individuals and entities altered, repaired, or modified historic edifices without prior written permission from the NHI.
- Such unauthorized actions led to the alteration of the original architectural and historical features of these edifices.
Importance of Safeguarding Cultural Heritage
- The unauthorized modifications undermine governmental efforts, particularly those of the NHI, to preserve the nation’s cultural heritage.
- Protecting the improvements made by the NHI in conserving national shrines and other important historic structures is essential.
- Preventing careless and unscientific modifications to original features of historic sites is a key concern.
Prohibition of Unauthorized Modifications (Section 5)
- A new Section 5 is added to PD No. 260 expressly prohibiting any modification, alteration, repair, or destruction of the original features of:
- National shrines
- Monuments
- Landmarks
- Other important historic edifices
- Such actions require prior written permission from the Chairman of the NHI.
Penalties for Violation
- Any person violating this prohibition faces:
- Imprisonment for not less than one year and not more than five years, or
- A fine ranging from one thousand pesos to ten thousand pesos, or
- Both imprisonment and fine, at the discretion of the court or tribunal.
Technical Amendments
- Sections 5 and 6 of the original PD No. 260 are renumbered as Sections 6 and 7 to accommodate the insertion of the new Section 5.
Effectivity
- The amendments take effect immediately upon enactment.
Presidential Authority
- The decree was promulgated under the constitutional powers vested in the President of the Philippines, specifically by President Ferdinand E. Marcos.
This decree strengthens legal protection for nationally recognized historic sites by criminalizing unauthorized changes to their original features, reinforcing the role of the NHI in cultural heritage preservation, and prescribing penalties to enforce compliance.