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.