Title
Supreme Court
Amendment of RA 10066 on Cultural Heritage
Law
Republic Act No. 11961
Decision Date
Aug 24, 2023
Republic Act No. 11961 strengthens the conservation and protection of Philippine cultural heritage by establishing principles and policies, providing incentives, regulating the movement of cultural property, integrating cultural heritage education, and establishing oversight and funding mechanisms.

Law Summary

Definitions of Key Terms

  • Adaptive reuse: Using historic buildings for new purposes while preserving integrity.
  • Anthropological and archaeological sites: Locations important for cultural and historical research.
  • Antique: Cultural properties over 100 years old.
  • Built heritage: Historic architectural and engineering structures.
  • Cultural property: Products of human creativity representing identity, including movable and immovable, tangible and intangible items.
  • Cultural mapping: Systematic identification and documentation of community cultural resources.
  • Heritage zones and heritage houses: Geographical areas and ancestral houses with cultural significance.
  • National cultural treasures and important cultural properties: Categories of cultural assets with exceptional significance.
  • Intangible cultural heritage: Practices, expressions, knowledge, and skills identified as cultural heritage.
  • Various cultural agencies identified with respective responsibilities.

Categorization of Cultural and Natural Properties

  • Grade I: National cultural treasures, historic sites, World Heritage Sites, and other international heritage recognitions.
  • Grade II: Important cultural properties, heritage zones, archaeological sites, heritage houses, and marked structures.
  • Grade III: Other local cultural properties listed in the Philippine Registry of Heritage.

Privileges for Grade I and II Cultural Properties

  • Priority government funding for protection and restoration.
  • Incentives for private conservation support.
  • Official heritage markers.
  • Priority protection during armed conflict and disasters.
  • Protection against government projects’ adverse impacts with mandatory consultation.

Declaration and Delisting Procedures

  • Petition initiated by owner, stakeholders or interested persons.
  • Verification and notice of hearing by cultural agencies.
  • Opportunity for stakeholders and owners to file position papers.
  • Decision by appropriate cultural agency within 90 days.
  • Exemption for properties protected under other laws.

Registration and Preservation of Heritage Properties

  • Mandatory registration of all cultural and natural properties of cultural significance in the Philippine Registry of Heritage.
  • Philippine Registry of Heritage maintains confidentiality of private ownership information.
  • Cultural agencies and local government units (LGUs) to maintain inventories and coordinate updates.
  • Private owners retain ownership after registration; consent required before information disclosure.

Mandated Cultural Mapping by LGUs and ICC/IPs

  • LGUs to conduct comprehensive cultural mapping with partnerships from relevant government agencies, NGOs, academic and private institutions.
  • Required submission of data to the Philippine Registry of Heritage.
  • Detailed coordination with various national agencies per sector (e.g., education, agriculture, environment, tourism, health).
  • Indigenous cultural communities/Indigenous peoples (ICCs/IPs) empowered to conduct their own cultural mapping.
  • Free, prior, and informed consent (FPIC) required for data inclusion concerning ICCs/IPs.

Creation of Cultural Mapping, Research, and Planning Division

  • Division within the National Commission for Culture and the Arts (NCCA) to manage cultural mapping outputs.
  • Provides technical assistance and facilitates coordination among LGUs and communities.

Protection of Historic Place Names

  • Renaming historic place names requires approval from the National Historical Commission of the Philippines (NHCP) following due hearing.
  • Restoration of original names may be directed by NHCP for names changed prior to this Act.

Powers of the Commission

  • Authority to issue cease and desist orders and compulsory repair orders.
  • Visitorial powers over cultural properties.
  • Capacity to deputize other government agencies and recover cultural property.
  • Supervision of anthropological and archaeological research.

Roles and Responsibilities of Cultural Agencies

  • Defined jurisdiction for cultural mapping, designation, and registration of cultural properties.
  • Coordination with other government agencies such as the Department of Tourism, Department of Education, DENR, NCIP, and others for holistic heritage conservation.
  • Support for the conservation of various cultural assets including performing arts, archives, libraries, historical monuments, and natural heritage.

Cultural Property Incentive Programs and Education

  • Implementation of tax exemptions on donations and national heritage resource assistance.
  • Awards and citations for cultural heritage efforts.
  • Integration of national cultural treasures and important cultural properties into basic and higher education curricula.
  • Development of cultural heritage competencies focusing on protection, research, utilization, and indigenous knowledge.
  • Coordination with education and cultural agencies to promote cultural heritage appreciation at all educational levels.

Budget Appropriations and Oversight

  • Initial funding appropriation of 500 million pesos.
  • Inclusion in annual General Appropriations for continued implementation.
  • Creation of a Joint Congressional Oversight Committee to monitor implementation.

Implementing Rules, Separability, Repealing Clauses, and Effectivity

  • Rules and regulations to be promulgated within 60 days of effectivity.
  • Unconstitutional provisions do not affect other sections.
  • Repeal or modification of inconsistent laws and regulations.
  • Effectivity after 15 days following publication.

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