Title
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.
guidelines
declaration
delisting

Legal basis and state policy

  • The Order is issued pursuant to Section 6 of the Cultural Properties Preservation and Protection Act (Republic Act No. 4846 as amended by P.D. No. 374).
  • The Order is also anchored on Presidential Decree 260 and the National Museum Act of 1998 (Republic Act No. 8492).
  • The Order is additionally based on Sections 4, 7, and 8 of Article III and Section 23 of Article VI of Republic Act No. 10066 (National Cultural Heritage Act of 2009).
  • The declared policy is to preserve and protect National Cultural Treasures and Important Cultural Properties, safeguard their intrinsic value, and promote understanding of national history and culture (Section 1).

Scope, coverage, and cultural property types

  • These Guidelines govern the declaration of intangible and tangible cultural properties, including both movable and immovable cultural properties (Section 2).
  • The National Museum’s responsibility includes categories of cultural collections and properties, including Fine Arts, Archaeological, Anthropological, Botanical, Geological, Zoological, and Astronomical collections (Section 2).
  • Fine Arts collection includes built heritage with artistic, aesthetic, architectural, technological, cultural, social and spiritual or religious significance; paintings, sculptures, works of arts, and other objects classified as antiques (Section 2).
  • Archaeological collection covers artifacts, ecofacts and features (Section 2).
  • Astronomical collection covers any extraterrestrial objects that may fall in the Philippines (Section 2).

Definitions and grades of cultural properties

  • “Cultural Property” covers all products of human creativity by which a people and a nation reveal their identity, including churches, mosques and other places of religious worship, schools, natural history specimens and sites, whether public or privately-owned, movable or immovable, and tangible or intangible (Section 4.4).
  • “National Cultural Treasure (NCT)” is a unique cultural property found locally with outstanding historical, cultural, artistic and/or scientific value that is highly significant and important to the country and nation, and officially declared as such by the National Museum (Section 4.9).
  • “Important Cultural Property (ICP)” is a cultural property with exceptional cultural, artistic, historical and/or scientific significance to the Philippines, determined by the National Museum (Section 4.7).
  • “Intangible Cultural Property” refers to peoples’ learned processes and the knowledge, skills, and creativity that inform and are developed by them, the products and manifestations they create, and the resources, spaces, and other aspects of social and natural context necessary for sustainability (Section 4.8).
  • “Antique” refers to a local cultural property one hundred (100) years in age, more or less, whose production has ceased (Section 4.2).
  • “Archaeological materials” include fossils, artifacts, relics, antiques, and other cultural, geological, botanical, zoological materials collected from any place (above or underground, underwater or at sea level) that depict and document culturally relevant paleontological, prehistoric and/or historic events (Section 4.1).
  • “Ecofacts” are organic materials from archaeological sites (such as bones, shells and plant remains) with cultural significance but not modified by man (Section 4.5).
  • “Tangible Cultural Property” covers cultural properties with historical, archival, anthropological, archaeological, artistic and architectural value, including antiques and natural history specimens with significant value (Section 4.13).
  • “Traditional Ethnographic Materials” are tangible cultural materials made and used by ethnolinguistic groups of the Philippines; replicas made for commercial purposes are not classified as cultural property (Section 4.14).
  • The Guidelines classify cultural properties by level of significance into:
    • Grade I: National Cultural Treasure (NCT) with highest significance (Section 5.1).
    • Grade II: Important Cultural Property (ICP) of high significance (Section 5.2).
    • Grade III: other cultural properties outside Grades I and II listed in the National Museum Registry of Cultural Property (Section 5.3).
  • “Nationally significant” includes historical, aesthetic, scientific, technical, social and/or spiritual values that unify the nation through pride in common identities and national patrimony (Section 4.10).

Declaration and delisting procedures

  • The National Museum (NM) through its Cultural Properties Division (CPD), coordinating with the concerned division, identifies cultural property that are potential NCTs and ICPs (Section 6.1).
  • Owners and other individuals, organizations, and institutions may request the NM to declare cultural properties as NCT or ICP (Section 6.2).
  • For a local government unit, a Sanguniang Bayan Resolution requesting NM to declare a significant cultural property as NCT and/or ICP is required (Section 6.3).
  • Petitioners must submit a written commitment to shared responsibility in maintenance, preservation, and protection of the significant cultural property (Section 6.4).
  • The CPD and a representative from the concerned division conduct an initial and/or ocular assessment and evaluation using criteria that include:
    • Representing a masterpiece of Filipino creativity (Section 6.5.1).
    • Bearing a unique or at least exceptional testimony to Philippine cultural tradition (extinct or extant) (Section 6.5.2).
    • Being an outstanding example of type of building, architectural or technological ensemble or landscape illustrating significant stages of Philippine history (Section 6.5.3).
    • Being an outstanding example of traditional human settlement representative of a culture or human interaction with the environment (Section 6.5.4).
    • Being associated with events or living traditions with ideas or beliefs, with artistic and literary works of outstanding or highly exceptional significance (Section 6.5.5).
    • For buildings and structures: at least 50 years old, reasonably intact 70% authentic, interiors preserved with most original furnishings, and architecture an excellent representation of artistic style or technique (Section 6.5.6).
    • Containing superlative natural phenomenon or areas of exceptional natural beauty and aesthetic importance (Section 6.5.7).
    • Representing major stages of Philippine geological history or events (Section 6.5.8).
    • Representing significant ecological and biological processes (Section 6.5.9).
    • Containing the most important and significant natural habitat for in-situ conservation of biological diversity (Section 6.5.10).
    • Being plants and animals classified as holotype specimens (Section 6.5.11).
  • The CPD personnel and the concerned-division representative complete the official forms for intangible and tangible cultural properties (movable and immovable) (Annexes A, B, C) (Section 6.6).
  • If criteria are met, owners or administrators must provide pertinent data on source, date of acquisition, and other matters relative to the property (Section 6.7).
  • After verification, NM sends compiled dossiers to the National Commission for Culture and the Arts (NCCA) through its appropriate office (Section 6.8).
  • The NCCA sends notices of hearing to the owner and stakeholders; stakeholders may file support or opposition to the petition, and CPD and the concerned-division representatives actively participate in the hearings (Section 6.9).
  • NM receives the hearing results from NCCA for appropriate action (Section 6.10).
  • NM’s Director convenes a panel of experts, as needed, to evaluate and designate proper classification (Section 6.11).
  • The Panel of Experts consists of at least three competent persons in specialized fields including anthropology, natural sciences, history and archives, fine arts, philately and numismatics, or shrines and monuments, duly designated by the Director IV (Section 6.12).
  • If the cultural property has outstanding historical value, NM coordinates with the National Historical Commission of the Philippines; this may include joint declarations (Section 6.13).
  • The panel issues a resolution on declaration; the Director IV affirms or negates it, which may be done through a referendum (Section 6.14).
  • Fifteen (15) days before the panel meeting, the owner is invited to attend deliberation and be given a chance to be heard; failure to attend does not bar the panel from deciding (Section 6.15).
  • The declaration affirmed by the Director IV becomes final and binding thirty (30) days from the declaration date (Section 6.16).
  • Within thirty (30) days from the declaration date, the owner may file a written motion for reconsideration with the panel; if denied, further appeal is allowed to the Chairman of the NM Board of Trustees with two experts as members or to the Chairman of the NCCA, and the decision is final and binding (Section 6.16).
  • The period when a motion for reconsideration or appeal is pending stays the finality period (Section 6.17).
  • Delisting or declassification procedures follow the same preceding structure (Section 6.18).
  • Delisting grounds are:
    • New evidence and substantial proof that the NCT and/or ICP does not merit outstanding significance and recognition (Section 6.18.1).
    • Misrepresentation by the owner, administrator, or custodian (Section 6.18.2).
    • Reconstruction and restoration works undertaken without NM approval (Section 6.18.3).
    • Unwarranted intervention, damage, and degradation severe enough to diminish or destroy authenticity or integrity; restoration introduced found untenable (Section 6.18.4).
    • NCTs declared by law (Presidential Decrees and Presidential Proclamations) may be delisted unless revoked or amended by a specific act from the Office of the President or legislature (Section 6.18.5).
  • All NCTs and ICPs must be included in the Philippine Registry of Cultural Property (Section 6.19).
  • Declarations are covered by a Memorandum of Agreement between NM and the administrator of the NCT and/or ICP detailing agreed powers, obligations, and limitations on maintenance and use (Section 6.20).
  • A public declaration must be conducted before unveiling the NCT/ICP marker; NM provides the owner/administrator/custodian an original copy of the resolution and declaration in an official certificate folder with NM logo, with color maroon and logo gold (Appendices D, E, and F) (Section 6.21).

Dealings, privileges, certificates, and markers

  • NM has the right of first refusal in the purchase of cultural properties declared as NCTs; NM must appropriate funds annually or use donated funds for this purpose (Section 7.1).
  • No cultural properties in Grades I and II may be sold, resold, or taken out of the country without first securing clearance from NM (Section 7.2).
  • Cultural properties in Grades I and II may not change ownership except by inheritance or by sale duly approved by NM, and they may not be taken out of the country for inheritance or sale (Section 7.3).
  • Cultural properties in Grades I and II may be taken out of the country only with a Permit to export from NM, only for exhibition or scientific scrutiny, and must be returned immediately after such exhibition or study, subject to required safeguards by the concerned cultural agency (Section 7.4).
  • Cultural properties in Grade III may be taken out of the country only with a Permit to Export from NM (Section 7.5).
  • NCTs receive:
    • Priority government funding for protection, conservation and restoration (Section 8.1).
    • Incentives for private support through the Commission’s Conservation Incentive Program for National Cultural Treasures (Section 8.2).
    • Utmost priority protection by the Government in times of armed conflict, natural disasters, and other exceptional events that endanger cultural heritage (Section 8.3).
  • ICPs may receive government funding for protection, conservation, and restoration (Section 8.4).
  • NM must issue a certificate of declaration for all movable and immovable cultural properties declared as NCTs and ICPs as documentary evidence of significance (Section 9.1).
  • An immovable heritage marker must be placed on the immovable cultural property identified as NCT and/or ICP (Section 9.2).
  • The official certificate is written in English, while the NCT and ICP markers are written in Filipino (Section 9.3).
  • NM bears the cost of marker fabrication (Section 9.4).
  • Upon request, markers may be written in a local language or dialect, but fabrication cost is borne by the requesting party (Section 9.5).
  • NM coordinates with the Komisyon ng Wikang Pambansa for translation of marker text into Filipino and local languages/dialects (Section 9.6).
  • The NCT/ICP marker is cast iron with a molded text plate/panel embossed with the declaration; dimensions are 24 inches (height) and 18 inches (width) (Section 9.7).
  • The Republic seal and the year of the marker appear at the top of the marker (Section 9.8).
  • The marker is installed at eye level inside the building where it can be best viewed by the public, or on a separate pedestal at an appropriate location (Section 9.9).
  • The unveiling is conducted with the significant event or upon request of the administrator/owner, and the administrator/owner prepares a program to commemorate the unveiling in coordination with NM (Section 9.10).
  • The official certificate and NCT/ICP markers are reflected in Appendices G and H (Section 9.10).
  • For joint declarations, the NHCP Heritage marker may include text designating the cultural property as a National Cultural Treasure (Section 9.11).
  • The marker is government property and may not be removed, altered, or destroyed without written authority from the Director of NM; anyone who vandalizes the marker or violates this rule is charged criminally in keeping with law (Section 9.12).
  • The marker must not be removed from the original site or structure, nor transferred to another site or location, without prior written permission from the NM Director (Section 9.13).
  • If a marker is lost, NM must fabricate a replacement that retains the Republic seal, the year of original installation, and the original installing agency (Section 9.14).

Conservation requirements and international standards

  • NM prioritizes technical assistance projects based on urgency of the need for conservation or restoration (Section 10.1).
  • Technical assistance by the Restoration and Engineering Division and/or Chemistry and Conservation Laboratory Division consists of feasibility studies, architectural and structural technical plans, and other technical drawings (Section 10.2).
  • Intervention works and measures on conservation of NCTs and ICPs may be undertaken only with prior approval of NM, and NM supervises the conservation (Section 10.3).
  • NM approves only methods and materials that strictly adhere to accepted international conservation standards (Section 10.4).
  • NM must comply with international conservation principles including:
    • Venice Charter (1946 / 1981) (Section 10.4.1).
    • Washington Charter (1987) (Section 10.4.2).
    • Nara Document on Authenticity (Section 10.4.3).
    • Code of Ethics of the American Institute for Conservation of Historic and Artistic Works (Section 10.4.4).
    • Other universally accepted standards of conservation (Section 10.4.5).
  • The shared-responsibility principle between NM and concerned government units or private parties is encouraged for maintenance, conservation, and restoration, including raising public awareness (Section 10.5).
  • Immovable NCTs and ICPs must not be relocated, rebuilt, defaced, or otherwise changed in a manner that destroys their dignity and authenticity, except to save them from destruction due to natural causes (Section 10.6).

Separability, amendment, and effectivity rules

  • If any provision is held unconstitutional or invalid by a competent court, the remaining provisions continue in force as if the invalid provision had never been incorporated (Section 11).
  • The Guidelines amend and/or revoke other orders, rules and regulations inconsistent with these Guidelines (Section 12).
  • The effectivity is fifteen (15) days after registration with the Office of the National Administrative Register (Section 13).

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms