Title
Supreme Court
Guidelines on National Cultural Treasures Declaration
Law
Nm Office Order No. 2012-35
Decision Date
Jan 20, 2012
A Philippine law aims to preserve and protect the nation's historical and cultural heritage resources by establishing policies and procedures for the declaration and delisting of significant cultural properties, as well as providing guidelines for their conservation and dealings.

Law Summary

Scope and Coverage

  • Guidelines apply to both intangible and tangible cultural properties, including movable and immovable items.
  • National Museum's responsibilities include collections in categories: Fine Arts, Archaeological, Anthropological, Botanical, Geological, Zoological, and Astronomical.

Objectives

  • Establish policies and procedures for declaring and delisting NCTs and ICPs.
  • Provide guidelines for dealings, conservation, and disposition to protect government interests and cultural heritage.

Definitions

  • Archaeological Materials: fossils, artifacts, antiques, cultural, geological, botanical, zoological materials from various locations.
  • Antique: cultural property locally found, approx. 100 years old, with ceased production.
  • Artifacts: human-made items representing past eras.
  • Cultural Property: all human creative products revealing identity, including religious and educational sites; tangible/intangible, movable/immovable.
  • Ecofacts: culturally important organic materials not modified by man.
  • Grades of Cultural Property: Rank I (NCT), II (ICP), III (other listed properties).
  • Intangible Cultural Property: peoples' learned processes and manifestations crucial for sustainability.
  • NCT: unique, outstanding cultural properties officially declared.
  • ICP: cultural properties with exceptional cultural, artistic, historical, or scientific significance.
  • Others include natural history specimens, relics, and traditional ethnographic materials.

Grades of Cultural Property

  • Grade I: National Cultural Treasure; highest significance.
  • Grade II: Important Cultural Property; high significance.
  • Grade III: Other cultural properties listed in the registry.

Procedures for Declaration and Delisting

  • National Museum (NM) identifies potential NCTs and ICPs.
  • Owners or concerned parties may request declaration.
  • Local government units require formal resolutions.
  • Petitioners must commit to maintenance and preservation.
  • Evaluation criteria include cultural significance, age, authenticity, and exceptional examples in various categories.
  • Data on sources and acquisition must be provided.
  • Dossiers are sent to National Commission for Culture and the Arts (NCCA) for public hearings.
  • Stakeholders may file support or opposition.
  • Panel of experts evaluates and decides classification.
  • Coordination with National Historical Commission for historical value.
  • Decisions affirmations, public notification, appeal processes outlined.
  • Grounds for delisting include new evidence, misrepresentation, unauthorized changes, or severe damage.
  • All NCTs and ICPs included in the Philippine Registry of Cultural Property.
  • Declarations formalized via Memorandum of Agreement.
  • Public declaration and marker unveiling conducted.

Dealings of NCTs and ICPs

  • NM has right of first refusal to purchase NCTs.
  • Sales and transfers of Grade I and II properties require NM clearance.
  • Export of such properties allowed only with NM permit and for exhibition or scientific study, with return obligations.
  • Grade III properties require export permits.

Privileges of NCTs and ICPs

  • Priority government funding for protection, conservation, restoration.
  • Government incentives encourage private conservation support.
  • Priority protection during conflicts, disasters, or exceptional events.
  • ICPs may also receive government funding.

Certification and Marker Installation

  • Certificates issued as documentary evidence.
  • Heritage markers installed on immovable properties.
  • Certificates in English; markers in Filipino; local language translations possible.
  • NM covers marker costs unless otherwise requested.
  • Markers made of cast iron with specified dimensions and seal.
  • Installation standards and public unveiling procedures defined.
  • Markers are government property and protected against vandalism.
  • Removal or transfer requires written NM authorization; replacement markers issued if lost.

Conservation of NCTs and ICPs

  • NM to prioritize technical assistance for conservation/restoration.
  • Interventions require NM approval and must adhere to international conservation standards.
  • Shared responsibility between NM, government units, and private parties encouraged.
  • Immovable properties not to be significantly altered except to prevent destruction.

Miscellaneous Provisions

  • Separability Clause ensures validity of remaining provisions if any is invalidated.
  • Repealing Clause nullifies inconsistent rules.
  • Effective 15 days after registration with the National Administrative Register.

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