Title
Amendments to Cultural Properties Protection
Law
Presidential Decree No. 374
Decision Date
Jan 10, 1974
An amendment to the Cultural Properties Preservation and Protection Act aims to address the issues of cultural relics being excavated and passed into private hands, and strengthen the preservation and protection of cultural properties in the Philippines through stricter regulations and registration processes.
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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.

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