Scope and Coverage
- These guidelines regulate the categorization and dealings (including export, transit, import, and repatriation) of archaeological and traditional ethnographic materials.
- The objective is to protect cultural property as per Republic Act No. 10066 (National Cultural Heritage Act of 2009).
Objectives
- To rationalize the system of categorizing archaeological and traditional ethnographic materials.
- To establish guidelines for dealings and disposition of cultural property that safeguard the Government's interests and preserve Filipino cultural heritage.
Definition of Terms
- Provides precise definitions for terms including archaeological materials, antiques, artifacts, cultural property, ecofacts, various Chinese dynasties relevant to classification, grades of cultural property, intangible and tangible cultural property, traditional ethnographic materials, and periods in Philippine and Chinese history.
- Important distinctions include:
- Archaeological materials: fossils, artifacts, relics, antiques, geological and biological materials depicting culturally relevant historic events.
- Antique: Cultural property around 100 years old.
- Important Cultural Property (ICP) and National Cultural Treasure (NCT) defined by intrinsic cultural, artistic, historical, or scientific value.
- Traditional ethnographic materials: Tangible cultural items made and used by Philippine ethno-linguistic groups; commercial replicas excluded.
Categories of Archaeological and Traditional Ethnographic Materials
- Grade I: National Cultural Treasure - highest significance with criteria defined by the National Museum.
- Grade II: Important Cultural Property - high significance as defined by National Museum.
- Grade III: Other listed cultural properties registered in National Museum Data Bank.
Classification Criteria
- Grade I (NCT): Materials with outstanding national significance and officially declared by the National Museum with Panel of Experts' support.
- Grade II (ICP): Includes archaeological items from specific historic periods (e.g., Paleolithic, Neolithic, Metal Age, certain Chinese Dynasties), and ethnographic materials at least 100 years old with cultural significance.
- Grade III: Other archaeological and ethnographic materials (at least 50 years old) with cultural significance and documentation.
Dealings of Archaeological and Traditional Ethnographic Materials
- The National Museum holds the right of first refusal to purchase materials declared National Cultural Treasures.
- Sale, resale, and export of Grade I and II materials prohibited without clearance from the National Museum.
- Ownership changes of Grade I and II only allowed by inheritance or sale, both subject to approval; export only permitted for exhibitions or scientific study with safeguards and immediate return.
- Grade III materials can be exported with a National Museum Permit.
Separability Clause
- If any provision is declared unconstitutional or invalid by a court, remaining provisions remain effective.
Repealing and Amending Clause
- This guideline amends or revokes inconsistent prior orders, rules, and regulations.
Effectivity
- The guidelines take effect 15 days after publication in a newspaper of general circulation and registration with the National Administrative Register.