Title
Supreme Court
Creation of the National Commission for Culture and Arts
Law
Republic Act No. 7356
Decision Date
Apr 3, 1992
Republic Act No. 7356 establishes the National Commission for Culture and the Arts (NCCA) in the Philippines, empowering it to coordinate cultural agencies, administer the National Endowment Fund for Culture and the Arts, and support traditional arts and cultural communities, while also granting exemptions and privileges to the NCCA and facilitating the transfer of personnel and assets.

Law Summary

Establishment and Organization of the Commission

  • Creation of the National Commission for Culture and the Arts (NCCA) as an independent agency.
  • NCCA is tasked to formulate policies, coordinate programs of cultural agencies, administer the National Endowment Fund for Culture and Arts (NEFCA), and preserve Filipino cultural heritage.
  • The Commission reports annually to the President and Congress.

Composition and Membership

  • Membership includes government officials from education, tourism, legislative committees, and heads of cultural agencies.
  • Private sector representatives from three Subcommissions (Cultural Heritage, Arts, Cultural Dissemination) are elected by committee chairpersons.
  • The Chairman of the Commission is elected internally.
  • Non-ex officio members serve 3-year terms, renewable once; receive per diem and travel reimbursements.
  • Ex officio members receive representation and travel allowances.
  • Commissioners cannot obtain financial aid from the Commission during their term and for one year thereafter.

Mandate and Functions

  • Formulate and implement policies promoting pluralistic culture and artistic freedom.
  • Provide financial and economic assistance to cultural workers.
  • Decentralize cultural opportunities by establishing local culture and arts centers.
  • Recognize and protect intellectual and artistic rights and welfare of artists.
  • Support research and adoption of Philippine artistic traditions.
  • Adopt legislations for protecting intellectual properties of Filipino artists.
  • Promote recovery and conservation of cultural artifacts and endangered skills.
  • Support museums, libraries, archives, and preservation of historical monuments.
  • Foster scholarly research and documentation of culture from the Filipino perspective.
  • Integrate cultural education in schools and public programs.
  • Conduct international cultural exchanges and training for cultural workers.
  • Ensure standards of excellence in cultural activities.

Powers and Operational Structure

  • Establish regional and local cultural councils for wide participation.
  • Create committees and coordinate with government and non-government institutions.
  • Generate and administer funds, accept donations, and prepare budgets.
  • Advise the President on cultural matters and create rules to implement the Act.
  • Regulate activities harmful to cultural heritage preservation.

Secretariat and Subcommissions

  • Secretariat headed by an Executive Director manages day-to-day operations.
  • Three subcommissions cover Cultural Heritage (libraries, museums, historical research), the Arts (literary, visual, performing arts), Cultural Dissemination (language, cultural education), and Cultural Communities and Traditional Arts.

Coordination with National Cultural Agencies

  • Coordinate with existing agencies such as the Cultural Center of the Philippines, National Museum, National Library, and others.
  • Agencies continue to operate under existing charters but align policies with the Commission.

Program Plans

  • Short-range and long-range (three-year) development programs to be formulated and coordinated with related agencies and councils.
  • Programs reviewed and updated annually.

National Endowment Fund for Culture and Arts (NEFCA)

  • Initially capitalized with P100 million seed money from PAGCOR and other government contributions.
  • Additional funding from travel tax collection and private donations.
  • Fund used exclusively for cultural programs; grant awards only from interest income.
  • Strict management and audit procedures; Fund exempt from pre-audit.

Tax Exemptions and Revolving Fund

  • Commission is exempt from taxes and duties on income and necessary materials.
  • Proceeds from cultural items sales create a revolving fund capped at P500,000; excess remitted to National Treasury.

Transitory and Miscellaneous Provisions

  • Transfer of assets and personnel from the former Presidential Commission on Culture and Arts to the NCCA.
  • Harmonization of policies among cultural agencies within one year.
  • Compliance with notice or consent requirements to protect third parties.
  • Severability clause to uphold remaining provisions if part is deemed unconstitutional.
  • Repeal of inconsistent laws.
  • Immediate effectivity upon approval.

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