Law Summary
Minimum Requirements for Gallery Accreditation
- Location: Must be in a commercial district with a formal atmosphere and dedicated fixed space exclusively for gallery use.
- Maintenance: Cleanliness must be maintained; artworks properly lighted and labeled; facility secured.
- Membership: Required membership with the National Commission on Culture and the Arts (NCCA) - Committee on Independent Art Galleries (CIAG).
- Reception: Knowledgeable staff to assist patrons; curator present during exhibitions; guest logbook maintained.
- Parking: Adequate parking provided unless location constraints apply.
- Fire Safety: Fire-fighting facilities compliant with the Fire Code of the Philippines must be installed.
Operational Prohibitions and Responsibilities
- Prohibits animals/pets within premises.
- Gambling, drunkenness, and disorderly conduct banned in the gallery and its immediate vicinity.
- Operators must prevent immoral or illegal activities within the premises by known or suspected individuals and report to authorities.
- Authenticity of artworks must be verified; acquisitions must comply with laws.
Application Process for Accreditation
- Application must be filed in duplicate by gallery operators (partnership, corporation, or others).
- Supporting documents include corporate documents, permits, personnel lists with valid visas, past financial statements (if applicable), proof of at least three exhibitions annually, NCCA-CIAG membership proof, and other requirements as prescribed.
Inspection and Evaluation for Accreditation
- Department forms a three-person inspection team (two Department reps, one NCCA representative).
- Ocular inspection to verify compliance with standards, using a checklist.
- Observations by applicant recorded and a copy of the checklist provided.
- Inspection report submitted within five days.
Issuance and Validity of Accreditation
- Certificate issued upon satisfactory compliance.
- Valid for one year unless revoked or canceled earlier.
- Annual accreditation fee of PHP 220.00.
Renewal of Accreditation
- Renewal required before expiration.
- Renewal supported by updated permits, amended incorporation documents, personnel changes, current financial statements, proof of exhibitions, NCCA-CIAG good standing certificate, and other documents.
Supervision and Compliance Monitoring
- Certificate must be displayed prominently.
- Accreditation is non-transferable.
- Department may conduct periodic inspections for compliance.
- Defects or deficiencies must be corrected within a reasonable timeframe.
- Failure to comply may result in revocation of accreditation.
Grounds for Cancellation of Accreditation
- False statements or fraud in the application process.
- Failure to maintain accreditation standards.
- Violation of rules, orders, or decisions by the Department or other government agencies.
- Acts detrimental to the tourism industry.
Miscellaneous Provisions
- Separability clause ensures that invalidation of part of the rules does not affect the whole.
- Repeals inconsistent prior rules and regulations related to tourism establishments.
- Rules take effect immediately upon promulgation.