What the Law Implements and Changes
- Republic Act No. 11961 amends Republic Act No. 10066 (Section 1).
- Republic Act No. 10066 is reaffirmed as the National Cultural Heritage Act of 2009, and its provisions are revised to strengthen conservation and protection through cultural mapping and enhanced cultural heritage education.
- Republic Act No. 11961 creates and strengthens mechanisms in cultural property governance, particularly cultural mapping and cultural heritage education.
Core Definitions and Coverage Rules
- Section 3 defines key terms used for cultural property and natural property of cultural significance, including:
- “Cultural mapping” as the identification, recording, and use of cultural resources of communities through systematic discovery, documentation, analysis, interpretation, presentation, and sharing of related information (Section 3).
- “Cultural property” as all products of human creativity revealing identity, whether owned publicly or privately, movable or immovable, tangible or intangible (Section 3).
- “Conservation” as all processes and measures maintaining cultural significance, including preservation, restoration, reconstruction, protection, adaptation, or any combination (Section 3).
- “Conservation Management Plan (CMP)” as the main guiding document for conservation and management of immovable cultural properties stating what is significant and what policies and actions must retain that significance (Section 3).
- “Adaptive reuse” as the use of buildings, other built structures, and sites for purposes other than originally intended to conserve the site, engineering integrity, and authenticity of design (Section 3).
- Section 3 further establishes extensive category-specific definitions, including (among others) “Antique”, “Archaeological site”, “Archives”, “Built heritage”, “Heritage zone”, “Historic place names”, “Intangible cultural heritage”, “Intangible cultural property”, “Library”, “Museum”, “Natural heritage”, “UNESCO lists of intangible cultural heritage”, “World Heritage Sites (WHS)”, and “World Network of Biosphere Reserves.”
- Section 4 categorizes cultural property and natural property of cultural significance into Grade I, Grade II, and Grade III levels.
- Section 4(a) places Grade I Level properties within national-level priority categories, including “National cultural treasures,” “National historical shrines,” “National historical monuments,” “National historical landmarks,” and WHS and other cultural and natural heritage properties or elements inscribed or designated by international convention, expressly including UNESCO-related items and ASEAN heritage parks.
- Section 4(b) places Grade II Level properties including “Important cultural property and natural property of cultural significance,” “heritage zones,” “archaeological sites,” “heritage houses,” “historic sites,” “all Gabaldon school buildings,” “other marked structures,” and “heritage trees.”
- Section 4(c) places Grade III Level as all other cultural property and natural property of cultural significance in the Philippine Registry of Heritage.
Privileges and Grade I/II Declaration Procedure
- Section 7 grants privileges to all cultural properties declared as Grade I or Grade II Level, including:
- Priority government funding for protection, conservation, and restoration.
- Incentive for private support of conservation and restoration through the Commission’s Conservation Incentive Program for Grade I and Grade II properties.
- An official heritage marker placed by the pertinent cultural agency indicating the official designation.
- Priority government protection in times of armed conflict, natural disasters, and other exceptional events that endanger cultural heritage.
- Priority protection from modification or demolition due to all government projects, and government projects potentially affecting integrity must consult with the Commission at planning stages.
- Section 8 establishes the procedure for declaration and delisting of Grade I and Grade II Level cultural properties:
- A petition for declaration or delisting is filed with the Commission by the owner, stakeholder, or any interested person, and the Commission refers the matter to the appropriate cultural agency (Section 8(a)).
- The appropriate cultural agency, upon verification of suitability or prima facie sufficiency for delisting, sends a notice of hearing to the owner and stakeholders (Section 8(b)).
- Stakeholders (including LGUs, local culture and arts council, local tourism councils, nongovernment conservation organizations, and schools) may file position papers in support or opposition (Section 8(b)).
- The owner and stakeholders file their position paper within fifteen (15) days from receipt of the notice of hearing, with copy furnished to all parties; extensions may be allowed, but the extension period cannot exceed thirty (30) days (Section 8(c)).
- If the petition is not filed by the owner, the petitioner files a position paper within fifteen (15) days from receipt of the owner’s or any stakeholder’s position paper; thereafter, no further submissions are allowed (Section 8(d)).
- The appropriate cultural agency issues its written decision within a maximum of ninety (90) days from the deadline of submission of all position papers (Section 8(e)).
- Section 8 excludes delisting procedures from these hearing provisions when the cultural properties are covered and protected under existing laws.
Cultural Mapping System and Registry Duties
- Section 14 mandates that all cultural properties and natural properties of cultural significance be registered in the Philippine Registry of Heritage (Section 14).
- Section 14 requires confidentiality for information on private ownership of registered cultural properties and natural properties, consistent with Republic Act No. 10173 (Data Privacy Act of 2012).
- The Commission, through appropriate cultural agencies and LGUs, shall establish and maintain the Registry (Section 14).
- Section 14(a) requires cultural agencies to maintain inventories, evaluation, and documentation of declared cultural and natural properties by category, and submit these to the Commission.
- Section 14(a) further requires that after registration of Grade I or Grade II cultural property, the appropriate cultural agency must give due notice to the Registry of Deeds for annotation on the land titles.
- Section 14(b) requires LGUs to maintain inventories under their jurisdiction and furnish the Commission a copy.
- Section 14(c) requires continuous coordination among cultural agencies and LGUs for monitoring and updating inventories, and the Commission shall provide technical and financial assistance to LGUs for inventory and updating.
- Section 14(d) requires all government agencies and instrumentalities—including GOCCs and their subsidiaries and public educational institutions—to report ownership/possession and disposition of cultural and natural heritage items to the pertinent cultural agency and register them.
- Section 14(d) states that registration under this Act does not divest private collectors and owners of their possession and ownership after registration.
- Section 14(e) limits disclosure: information on registered cultural properties and natural properties owned by private individuals may be given only upon prior consent of the private owner.
- Section 14 provides that the Commission shall operate the Registry in the NCCA Portal Cultural Databank.
- Section 14 requires that inclusion of cultural properties and natural properties belonging to Indigenous cultural communities/Indigenous peoples (ICCs/IPs) is subject to prior consultation and Free, Prior and Informed Consent (FPIC) under Section 16 of the Act.
- Section 15 mandates that LGUs conduct a comprehensive cultural mapping of their jurisdiction, mobilizing partnerships with concerned government agencies and permitting assistance from NGOs, cultural organizations, and academic and private institutions, provided they follow Commission guidelines.
- Section 15 requires LGUs to submit all relevant data for registration in the Philippine Registry of Heritage for research, regulations, planning, and policy-making.
- Section 15 requires submission of results of cultural mapping projects to the Commission, with copies furnished to the National Archives of the Philippines (NAP) and the local archives for access and safekeeping.
- Section 15 directs LGU coordination with multiple agencies for cultural mapping, including CHED, DA, DepEd, DENR, DFA, DICT, DILG, DND, DPWH, DOST, DOT, DTI, FDCP, NCIP, UNACOM, BCPCH-BARMM, and PITAHC, with each assigned specific mapping-related functions.
- Section 16 guarantees ICCs/IPs the right to conduct comprehensive cultural mapping of their tangible and intangible heritage, whether or not located within ancestral lands/domains.
- Section 16 requires ICCs/IPs to coordinate with agencies listed under Section 15 in relation to those agencies’ mandates.
- Section 16 tasks the NCIP and the Commission to provide necessary regulations and to support ICCs/IPs with resources.
- Section 16 provides ICCs/IPs the right to determine whether their cultural map is entered in whole or in part into the Philippine Registry of Heritage.
- Section 17 creates a Cultural Mapping, Research, and Planning Division in the Commission, headed by a Division Chief, as the repository of cultural mapping outputs and cultural/arts research, facilitating technical assistance, capacity-building workshops, and coordination with LGUs and other sectors.
Mandatory Constraints on Renaming Historic Places
- Section 25 prohibits historic place names from being renamed by local legislation unless approved by the NHCP, and only after due hearing.
- Section 25 authorizes the NHCP to direct LGUs to restore original names of historic place names changed before the Act’s effectivity, only after due hearing.
Cultural Agencies Responsibilities and Coordination Links
- Section 34 requires cultural agencies to define and delineate their respective areas of responsibility regarding cultural mapping and the designation and registration of cultural properties, consistent with their charters and mandates.
- Section 34 assigns categorization responsibilities as follows:
- The Commission ensures proper implementation of laws protecting Philippine Cultural Heritage.
- The CCP handles significant cultural property pertaining to the performing arts.
- The NAP handles significant archival materials.
- The NLP handles rare and significant Philippine books and manuscripts, including presidential papers, periodicals, newspapers, collected singly or in collections, and libraries and electronic records.
- The NHCP handles significant movable and immovable cultural property pertaining to Philippine history, heroes, and conservation of historical artifacts.
- The NMP handles significant movable and immovable cultural and natural property pertaining to collections of fine arts, archaeology, anthropology, botany, geology, zoology, and astronomy, including conservation components.
- The KWF handles dissemination, development, promotion, and conservation of the Filipino national language and other Philippine languages and dialects.
- Section 35 requires the Commission and cultural agencies to consult, coordinate, and work closely with designated agencies for implementation, including:
- DOT and attached agencies for cultural education among tourism services and protection of cultural properties, with tourism master plans consistent with the Act.
- Intramuros Administration (IA) for restoration and administration within Intramuros.
- National Parks Development Committee (NPDC) for supervising development of Rizal Park, Paco Park, and assigned parks.
- DepEd for implementing Republic Act No. 10533 and conserving and restoring built heritage, including Gabaldon school buildings under Republic Act No. 11194.
- DPWH for infrastructure projects impacting heritage structures or heritage conservation aspects.
- NCIP for coordinating national agencies on cultural projects under its jurisdiction.
- DENR for establishing and managing the ENIPAS Act, conserving wildlife including caves and cave resources, monitoring Grade I and Grade II natural heritage, and coordinating with NCIP and UNACOM for specific natural heritage responsibilities.
- DILG for coordinating with national cultural agencies and ensuring LGU implementation.
- National Commission on Muslim Filipinos (NCMF) for coordinating on cultural properties under its jurisdiction.
- UNACOM as liaison with UNESCO and assisting cultural agencies and DENR in implementing UNESCO agreements ratified or being ratified.
- DHSUD for coordinating with LGUs and the Commission on heritage zones.
- BCPCH-BARMM and BARMM government for coordination relating to heritage zones and cultural properties.
- OSETC for oversight and operational capacity against illicitly trafficked and stolen cultural treasures.
- DFA for Sentros Rizal and consultation with NCCA as part of cultural diplomacy.
- FDCP for significant audiovisual materials related to film and broadcast arts.
Cultural Education Requirements in Schools
- Section 41 requires the DepEd, in coordination with the Commission, to formulate cultural heritage education programs for local and overseas Filipinos, incorporated into formal, alternative, and informal education with emphasis on protection, conservation, and preservation of cultural heritage property.
- Section 41 requires incorporation of the Philippine Registry of Heritage into formal, alternative, and informal education by provincial and local governments.
- Section 42 requires the DepEd, TESDA, and CHED, in consultation with the Commission, to integrate teaching of Philippine Cultural Heritage into curricula and ensure it is pursued by all schools across education modes and levels.
- Section 42 requires higher learning institutions to develop cultural heritage education competencies including:
- Protection, conservation, and preservation of cultural heritage properties, with skills training courses for traditional medical practices and medicinal formulations coordinated with PITAHC.
- Research and documentation of heritage in various platforms.
- Utilization of cultural heritage in interdisciplinary fields toward sustainable development, including tourism, agriculture, and creative industry, with music, sound, and audiovisual archiving coordinated with FDCP.
- Indigenous knowledge systems, skills, and practices through Schools of Living Traditions models with participation of ICCs/IPs and in conjunction with NCIP.
- Visitation, public accessibility, and information dissemination on designated local cultural properties.
- Music, sound, and audiovisual archiving in coordination with FDCP.
- Section 42 requires the DepEd and CHED, in coordination with the Commission, to develop an overall framework for cultural heritage competency at all levels of the education system and contextualize education content based on local cultural profiles.
- Section 42 requires the Commission, cooperating with DILG and the Civil Service Commission, to formulate cultural heritage appreciation programs to build capacity of government agencies and communities.
Funding, Oversight, and Implementing Rules
- Section 2 appropriates Five hundred million pesos (P500,000,000.00) to carry out the Act’s provisions from funds not otherwise appropriated and available in the National Treasury.
- Section 2 requires that thereafter, sums necessary for continued implementation be included in the annual General Appropriations Act.
- Section 3 creates a Joint Congressional Oversight Committee (JCOC) to oversee, monitor, and evaluate implementation.
- Section 3 provides the JCOC composition: five (5) members each from the Senate and the House of Representatives, with the Chairpersons of the Senate Committee on Culture and the Arts and the House Committee on Basic Education and Culture as Co-Chairpersons.
- Section 3 provides designation mechanics: the Senate President and the Speaker designate the other members from among the respective committee members, with one (1) member from the minority.
- Section 4 requires the Commission, within sixty (60) days from the effectivity of the Act, to promulgate necessary rules and regulations for proper implementation in coordination with concerned agencies.
Separability, Repeal, and Effectivity
- Section 5 provides separability: unconstitutional portions do not affect validity and effectivity of other unaffected provisions.
- Section 6 provides repeal and modification: all laws, presidential decrees, executive orders, and rules and regulations inconsistent with the Act are repealed or modified accordingly.
- Section 7 provides effectivity: the Act takes effect after fifteen (15) days following completion of publication in the Official gazette or in a newspaper of general circulation.