Definitions of Cultural Properties and Related Terms
- Cultural Properties include old buildings, monuments, shrines, documents, antiques, relics, artifacts, landmarks, anthropological and historical sites, natural history specimens.
- Important Cultural Properties have exceptional historical and cultural significance, not quite National Cultural Treasures.
- National Cultural Treasures are unique, highly significant objects with outstanding historical, cultural, artistic, or scientific value.
- Antiques: cultural properties 100+ years old or rare due to discontinued production.
- Relics: remnants intimately associated with important customs, traditions, or personages.
- Artifacts: human workmanship representing past eras.
- Natural History Specimens: irreplaceable or endangered plants, animals, fossils, rocks, minerals.
- Historical, Archaeological, Anthropological sites defined by cultural, historical relevance.
- Collectors, Dealers, Exporters defined by their roles in acquisition and sale.
- Government property covers all lands, marine areas owned or administered by the government or its entities.
National Museum's Role and Responsibilities
- National Museum is the government agency responsible for implementing the Act.
- Director of the Museum must undertake a census and keep records of important cultural properties, including ownership, location, condition.
- Private collectors, owners, schools must register and report acquisitions, sales, or transfers when required.
Designation and Classification Procedures
- Director can convene expert panels to designate or declassify National Cultural Treasures and Important Cultural Properties.
- Panels decide by specialized fields (anthropology, natural sciences, history, arts, etc.).
- Decisions published in newspapers for public information.
- Procedures ensure owner notification and right to be heard prior to designation.
- Owners can seek reconsideration and appeal decisions.
- Only rare and unique objects within a class qualify as National Cultural Treasures.
- Designated treasures marked, described, photographed, and documented by the Museum; owners retain possession.
Ownership and Transfer Restrictions of National Cultural Treasures
- Ownership changes only by inheritance or sale approved by Museum Director.
- National Cultural Treasures cannot be taken out of the country through inheritance.
- Without heirs, treasures revert to the National Museum or state museums.
Export and Import Controls
- Export of cultural properties requires prior registration and permit from the Museum Director.
- Export permit granted only after satisfying designation procedures.
- Importation requires official certification of export from country of origin.
- Unlawful export without registration and permit is penalized.
Excavation and Exploration Restrictions
- Exploration/excavation on archaeological or historical sites prohibited without written authority from Museum Director.
- Excavations must be supervised by certified archaeologists or competent persons approved by Museum.
- Catalogues and reports of findings must be deposited with the Museum.
- Discovery of buried cultural property mandates suspension of excavation and notification to Museum.
- Only Museum or authorized institutions may conduct such activities on any property.
Preservation, Restoration, and Reconstruction Regulation
- Restoration of designated historical buildings and sites requires written permission and supervision by Museum Director.
Tax Incentives for Donations and Support
- Donations to the Museum or accredited institutions for preservation or expedition support are tax-exempt.
- Contributions for purchase of cultural properties are tax-deductible upon certification.
Registration and Sale of Cultural Properties
- Cultural properties for sale must be registered with the Museum.
- Proceeds from sales subject to income taxation.
- Government has the first option to buy during a 3-month period when cultural properties are placed for sale.
Licensing and Regulation of Dealers and Exporters
- Dealers and exporters of cultural properties must secure licenses from the Museum Director.
Rulemaking and Implementation
- Museum Director empowered to issue rules and regulations consistent with the Act.
- Rules must be publicly disseminated and approved by the Secretary of Education.
Fees, Confiscation, and Enforcement
- Museum may collect fees related to registrations, licenses, permits.
- Cultural properties concealed from registration or exported illegally are confiscated and forfeited to the Government.
- Liability extends to responsible persons within juridical entities in case of violations.
Penal Provisions
- Violations subject to fines up to P10,000, imprisonment up to 2 years, or both.
- Confiscation of cultural objects involved in violations.
- Liability for offenses committed by juridical persons extends to responsible officers or employees.
Creation of Cultural Properties Division with Police Powers
- Establishes a division within the National Museum with authority to prosecute violators.
Appropriation for Implementation
- An annual appropriation of P100,000 from the National Treasury provided to support implementation.
Repeal and Effectivity
- Provisions inconsistent with this decree are repealed or modified accordingly.
- The decree takes effect 15 days after publication in the Official Gazette.