Law Summary
Declaration of Policy
- The State aims to protect, conserve, develop, and promote the nation’s cultural heritage, artistic creations, and resources.
Definition of Key Terms
- Art Forgery: Includes affixing forged signatures on artworks, counterfeiting signatures to deceive buyers or the public, selling artworks with forged signatures, and reproducing works to deceive on authenticity.
- Work of Fine Art: Original artworks such as paintings, sculptures, drawings, graphic and photographic works, and sculpture casts, excluding mass-produced commercial works.
- Art Dealer: Any person or entity that sells or deals in works of fine art for profit, including galleries, brokers, and agents.
Creation and Composition of the Art Authentication Panel
- Establishes the Art Authentication Panel, replacing the previous experts panel under R.A. No. 4846.
- The Panel consists of three members appointed by the National Museum Board of Trustees from a list submitted by a Search Committee.
Functions of the Art Authentication Panel
- Designate Art Consultants for specific authentication sessions.
- Verify and certify works of fine art as original, issuing certificates.
- Register original artworks submitted by authors.
- Impose and collect fees related to authentication and registration.
- Investigate violations of the Act and recommend prosecution.
- Promulgate rules and regulations and impose fines or sanctions.
- Perform any necessary acts to implement the Act.
Qualifications for Panel Members
- Must be Filipino citizens, at least 35 years old at appointment.
- Should possess competence, integrity, probity, and independence of mind.
- Must hold a degree or have equivalent training or experience in art conservation, connoisseurship, art history, or visual arts.
Terms of Office for Panel Members
- Members serve two-year terms.
- A member may serve no more than two consecutive terms.
- Appointment to vacancies is only for the unexpired term and counts as one term.
Establishment and Composition of the Search Committee
- The National Museum Board of Trustees shall constitute a Search Committee comprising:
- Executive Director of the National Museum (chairperson)
- A Commissioner of the National Commission for Culture and the Arts (NCCA)
- President of the Philippine Association of Art Galleries
- Any National Artist for Visual Arts
- Two deans of reputable fine arts schools
- President of the Artists Association of the Philippines
Functions of the Search Committee
- Submit six names to the Board for Panel selection.
- Maintain and update a list of Art Consultants, categorized by expertise.
Compensation
- Members of the Panel, Search Committee, and Art Consultants are entitled to per diems as per existing rules.
Penalties for Art Forgery
- Imprisonment from 6 years and 1 day to 12 years.
- Fines ranging between Fifty Thousand Pesos (P50,000) and Five Hundred Thousand Pesos (P500,000).
- If committed by corporations or judicial entities, penalties apply to the chief executive officer or responsible officials.
- If committed by art dealers or gallery owners/operators, automatic revocation of their license to operate, in addition to penalties.
Appropriations
- An initial allocation of Fifty Million Pesos (P50,000,000) from the Organizational Adjustment Fund for equipment, supplies, and expertise.
- Future funds for the Act’s enforcement to be included in the General Appropriations Act.
- Fees collected by the Panel retained by the National Museum to augment its budget, disbursable with Board approval.
Implementing Rules and Regulations
- The National Museum Board of Trustees is empowered to issue necessary rules and regulations for implementing the Act.
Separability Clause
- Invalidity or unconstitutionality of any provision does not affect the remaining provisions, which remain in full force.
Repealing Clause
- All laws, executive orders, decrees, rules, or regulations inconsistent with this Act are repealed, amended, or modified accordingly.
Effectivity Clause
- The Act takes effect fifteen (15) days after publication in the Official Gazette or in at least two national newspapers of general circulation.