Title
National Museum Act: Establishment and Goverce
Law
Republic Act No. 8492
Decision Date
Feb 12, 1998
The National Museum Act of 1998 establishes the National Museum as a separate institution under the Office of the President, outlining its objectives, functions, composition, and authority, as well as providing for its funding, staffing, and protection of museum property.
A

Declaration of Policy

  • State supports cultural development through preservation, enrichment, and evolution of Filipino national culture.
  • Emphasizes unity in diversity and free artistic and intellectual expression.

Conversion of the National Museum

  • National Museum converted into a government trust.
  • Detached from the Department of Education, Culture and Sports and National Commission for Culture and the Arts.
  • Budgetary placement under the Office of the President.
  • Permanent, community-serving, non-profit institution.
  • Mission includes acquiring, preserving, exhibiting, and fostering study of art, specimens, cultural and historical artifacts.

Permanent Home; Evidence of Title

  • Museum's permanent home is the National Museum Complex at Agrifina Circle, including former Executive House Building.
  • Title to site and buildings is deemed appropriated to the Museum.
  • Certified records of boundaries accepted as evidence in courts.

Preservation of the Senate Session Hall

  • Senate Session Hall preserved as a heritage symbol and relic of Philippine democracy.

Objectives

  • Educational: Disseminate knowledge and develop cultural heritage professionals.
  • Scientific: Conduct research in anthropology, archaeology, geology, paleontology, botany, zoology.
  • Cultural: Study and preserve national artistic and cultural heritage.

Duties and Functions

  • Acquire, preserve, exhibit cultural, historical, and natural materials.
  • Conduct scientific and archaeological research and maintain collections.
  • Document and catalog all holdings, moving to computerized records.
  • Regulate cultural property excavation, preservation, and export.
  • Enforce cultural property protection laws.
  • Manage archaeological excavations and site preservation.
  • Support research publication and scientific development.
  • Require research and documentation of ethnography and arts.
  • Maintain laboratories for scientific analysis and conservation.
  • Organize exhibitions and educational activities.
  • Secure grants and support regional/local museums.
  • Develop institutional linkages for research.

Board of Trustees

  • Governing body of the Museum, located in Manila.
  • Composed of Education Committee Chairmen of Senate and House, Chairperson of National Commission for Culture and the Arts, 7 private sector representatives including an artist, scientist, and historian.
  • Director of the Museum is ex officio member.
  • Board Chairman appointed by the President; President is Honorary Chairman.

Appointment of Trustees

  • Private representatives appointed by the President from NGO and business nominations.
  • Staggered terms: 4, 2, and 1 year.
  • Eligibility for one reappointment.
  • Vacancies filled only for unexpired term.

Board Organization and Powers

  • Elects 5 members as executive committee.
  • Quorum is 6 members.
  • Trustees serve without compensation except reimbursement.
  • Authorized to establish committees and adopt official seal.
  • Empowered to enact bylaws and rules including for acquisitions and fund management.

Director of the Museum

  • Appointed by the Board with two assistants.
  • Oversees overall operations and implements policies and programs.
  • Must have proven administrative competence and museum management knowledge.

Acting Director

  • Assistant Director may serve as Acting Director during vacancy or Director's inability.
  • Board may change designation as needed.

Director and Assistants' Salary and Removal

  • Salaries set by the Board.
  • Removal by Board if interests of the Museum so require.

Personnel Training and Development

  • Training programs to enhance staff capabilities.
  • Graduate studies allowed on official time for technical personnel, subject to service needs and approval.

Exhibition and Central Registry Units

  • Exhibition Unit to plan and execute quality exhibitions.
  • Central Registry Unit to document collections aiming for computerized records integration.

Supervision over Regional Museums

  • Branches with sufficient personnel or cultural value may be upgraded to regional museums.
  • Regional museums supervised by Director through Assistant Director.
  • Serve as local cultural information centers.

Reception and Arrangement of Specimens and Objects

  • Museum authorized to receive, classify, and arrange items.
  • Objects registered immediately on entry.
  • Inventory maintained and updated.
  • Transition from paper to computerized cataloging planned.

Laboratories and Facilities

  • Maintenance of adequate laboratories for conservation, preservation, and storage.

Protection of Museum Property

  • Public property protection laws apply to Museum lands, buildings, and properties.

Policing of Buildings and Authority to Deputize

  • Museum may designate special policemen among employees.
  • Power to deputize Police and Armed Forces for site protection and reporting.
  • Local authorities obligated to report archaeological site discoveries and prevent illegal exploitation.

Incentives for Discovery of Sites

  • Museum authorized to provide rewards for verified reports of archaeological, cultural, and historical sites.

Appropriation and Budget

  • Continues to receive annual budget from the National Government.
  • Detailed expenditure reports submitted annually to Congress.
  • Budget includes funds for art collection preservation.

Museum Endowment Fund

  • Established with P500 million from Philippine Charity Sweepstakes and PAGCOR earnings.
  • Remitted quarterly over three years.
  • Interest used for special projects; donations exempt from taxes.
  • Board manages investments and annual transfers for programs.

Disposal of Unappropriated Money

  • Trustees may dispose of accrued interest income not appropriated for Museum promotion.

Tax Exemptions

  • Exempt from import taxes on materials and equipment used for non-profit programs.
  • Donations and legacies exempt from donor's, estate and inheritance taxes.
  • Board evaluates donation valuations.

Revolving Fund

  • Income up to P2 million from sales and services forms revolving fund for Museum use.

Merit System and Salaries

  • Professional staff with graduate degrees granted rank and benefits like National Scientists.
  • Scientific personnel entitled to sabbatical leave.
  • Salaries exempt from civil service salary standardization.
  • Annual detailed salary report to Congress required.

Appointment and Compensation of Employees

  • Board employs necessary personnel.
  • May delegate appointments to Director.

Exemption from Attrition Law

  • Museum personnel not subject to attrition law.

Hiring Foreign Consultants

  • Museum may hire foreign consultants subject to Labor Code and laws.

Health Services

  • Museum provided with adequate healthcare services.

De-accessioning Policy

  • Museum allowed to institute a policy to upgrade collections through de-accessioning.

Admission Fees and Operating Hours

  • Authorized to charge admission fees.
  • Open on weekends and public holidays.

Special Budget and Audit Rules

  • Commission on Audit and Budget Department to draft special rules for Museum fiscal autonomy within 60 days.

Penalties

  • Violations of the Act penalized by imprisonment up to 2 years, fines up to P10,000, or both.

Reorganization

  • Museum may reorganize structure and staffing as approved by Board.
  • Existing personnel automatically reappointed unless opting for early retirement.

Repealing Clause

  • Repeals inconsistent laws including legislative acts and presidential decrees.

Separability Clause

  • Invalidation of any part does not affect the remainder of the Act.

Effectivity Clause

  • Act effective 15 days after publication in Official Gazette or newspapers.

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