Title
Strengthening the National Museum of the Philippines
Law
Republic Act No. 11333
Decision Date
Apr 26, 2019
Republic Act No. 11333 strengthens the National Museum of the Philippines by renaming it, enhancing its mandate for cultural preservation and education, and establishing a comprehensive National Museum Complex in Manila dedicated to the nation's heritage and Dr. Jose Rizal.

Policy, renaming, and institutional mandate

  • Section 2 declares the policy of the State to pursue and support the cultural development of the Filipino people through the preservation, enrichment, and dynamic evolution of Filipino national culture, based on the principle of unity in diversity in a climate of free artistic and intellectual expression.
  • Section 3 renames the National Museum as the “National Museum of the Philippines” or, in Filipino, “Pambansang Museo ng Pilipinas.”
  • Section 3 provides that the shortened name “National Museum” or “Pambansang Museo” shall exclusively refer to the same agency, and its use in any manner or part of any name within the Philippines is reserved exclusively to the agency.
  • Section 4 establishes the National Museum as the primary State institution for the management and development of museums and collections of national scope or significance in arts, cultural heritage, and natural history.
  • Section 4 requires the National Museum to protect, preserve, study, and promote the national patrimony for the benefit of current and future generations, and to support education and social progress and contribute to economic development through tourism and educational, scientific, cultural, and leisure services and industries.
  • Section 4 mandates the National Museum to be a permanent institution in the service of the entire national community, accessible to the public, and not intended for profit.
  • Section 4 directs coordination for important historical documents, collections, memorabilia, and other historically significant objects with the National Historical Commission of the Philippines, National Library of the Philippines, and National Archives of the Philippines.

Functions and major museum development roles

  • Section 4(a) requires the National Museum to document, acquire, preserve, exhibit, and foster scholarly study and public appreciation of works of art, specimens, and cultural and historical artifacts representative of or unique to Filipino artistic and cultural heritage and the natural history of the Philippines, including their significance to the nation.
  • Section 4(b) requires the National Museum to establish, manage, and develop the National Museum Complex at Rizal Park, Manila, and to promote principles of universal access; it also requires coordination with the National Historical Commission of the Philippines to operate historical museums and shrines in various parts of the country.
  • Section 4(c) requires the National Museum to manage and develop national collections of the Republic of the Philippines in arts, cultural heritage, and natural history.
  • Section 4(d) requires the National Museum to carry out permanent research programs combining integrated laboratory and field work in biodiversity, geological history, human origins, pre-historical and historical archaeology, maritime and underwater cultural heritage, ethnology, art history, immovable, movable and intangible cultural properties, and similar or associated fields.
  • Section 4(e) requires dissemination of technical and museological skills and support for museum development in the country.
  • Section 4(f) requires extending technical assistance in the preservation and restoration of cultural properties of national significance.
  • Section 4(g) authorizes other functions characteristic of public collecting and research museum institutions of similar mandate and national scope, in line with prevailing international principles and best practices.
  • Section 5 designates the National Museum as a trust of the government attached solely for budgetary coordination and related purposes to the Department of Education, and classifies it as a National Government Agency primarily for administrative purposes.

Permanent site, preservation, and national dedication

  • Section 6 sets the permanent and exclusive site of the National Museum in the whole Executive House, also known as the former Congress or Legislative Building, together with the former Department of Finance Building and former Department of Tourism (originally Agriculture and Commerce Building) at Agrifina Circle in Rizal Park in the City of Manila.
  • Section 6 includes in the National Museum Complex the existing building of the National Planetarium located in Rizal Park and operated by the National Museum since 1975, together with its lot as presently delineated.
  • Section 6 deems the aforementioned buildings and associated lands appropriated to the National Museum.
  • Section 6 requires that the record of the description of the site and lands, or a certified copy by the Director-General, be received as evidence in all courts for the extent and boundaries of the lands appropriated.
  • Section 7 requires preservation of the former Session Halls of the House of Representatives and the Senate in the former Legislative Building as a tribute to the legacy of Philippine legislators and as historical sites of democracy and freedom.
  • Section 8 dedicates the National Museum Complex (as part of Rizal Park in Manila) to Dr. Jose Rizal, and requires imbibing his life, work, martyrdom, and memory in the National Museum’s public operations and activities throughout the National Museum Complex across history and literature, anthropology, fine arts, architecture, and natural sciences, among others.
  • Section 9 requires the National Museum to develop the National Museum Complex within and adjacent to Rizal Park and other identified areas with reference to the Burnham Plan for Manila of 1905, including institutional exigencies for exhibition and public spaces above and below ground.

Master plan and development approvals

  • Section 9 requires implementation of a design for a large public plaza and park fronting the former Legislative Building, integrating it with Intramuros as a National Cultural Treasure and exposing features of the walls and former moat.
  • Section 9 assigns the National Museum primary responsibility for preservation of the Gomburza Monument by Solomon Saprid opposite the former Legislative Building and the Sentinel of Freedom, or Lapu-Lapu Monument, by Juan Sajid Imao in Agrifina Circle of Rizal Park, and requires maintaining or enhancing their centrality and prominence in their vicinities during development.
  • Section 9 requires formulation of a Master Plan within one (1) year after the effectivity of the Act, if none yet exists.
  • Section 9 requires Board approval of the Master Plan and financing through proceeds from its Endowment Fund and other allowable sources of funds consistent with existing laws.
  • Section 9 prohibits development within the National Museum Complex area, or development that directly affects it, without approval of the National Museum.
  • Section 9 authorizes the National Museum to enter into appropriate public-private partnerships for property development and management to further implement the Master Plan, consistent with pertinent laws, rules, and regulations.
  • Section 9 requires strongest appropriate support from National Government agencies with jurisdiction over concerned properties, structures, and utilities, and from the government of the City of Manila, for programmed and systematic implementation of the approved Master Plan.

Governance: Board, trustees, and officers

  • Section 12 establishes a Board of Trustees to govern the National Museum with powers including representation and mobilization of private and public sector support for the National Museum’s mission and aims.
  • Section 12 requires the Board to serve as appointing authority for the Head of Agency and Agency Management.
  • Section 12 grants the Board general oversight over operations and performance through the Head of Agency and Agency Management.
  • Section 12 authorizes the Board to approve strategic policies, goals, and directions, and any special projects and programs, for implementation through the Head of Agency and Agency Management.
  • Section 12(e) authorizes the Board to administer the National Museum Endowment Fund, National Museum Donations Fund, and National Museum Income Fund as provided in the Act.
  • Section 12(f) empowers the Board to consider and appropriately dispose of appeals regarding administrative decisions of the Head of Agency when appropriate under pertinent laws and issuances.
  • Section 13 sets Board composition at fifteen (15) members: eight (8) private sector representatives and seven (7) ex officio government officials.
  • Section 14 provides that private sector Board members are appointed by the President for a term of four (4) years and are eligible for reappointment to succeeding four (4) year terms based on merit and performance.
  • Section 14 provides holdover authority for private sector trustees when reappointment or replacement has not yet been made by the President, continuing full authority except when the member is unwilling to serve or the President declares the position vacant.
  • Section 14 prohibits private sector Board members from designating any proxy to act on their behalf on any matter concerning the Museum.
  • Section 15 requires Board meetings with quorum constituted by the presence of a majority of all incumbent members.
  • Section 15 provides that Board members serve without compensation, but private sector trustees receive honoraria for attendance and all members may receive allowances and reimbursement of expenses for travel and participation, subject to certification by the Director-General and approval of the Board Chairperson.

Internal organization and staffing ranks

  • Section 15 requires the Board to establish an Executive Committee composed of five (5) members: the Chairperson, the Director-General, and three (3) Board members; actions require ratification by referendum or by the next meeting within thirty (30) days whichever is sooner by quorum.
  • Section 15 authorizes the Board to constitute other committees, retain paid or pro bono consultants, and establish advisory boards with honoraria, allowances, and reimbursable travel expenses subject to certification and approval.
  • Section 15 designates the President of the Philippines as Patron and Honorary Chairperson of the Board.
  • Section 15 authorizes the adoption of an Official Seal and adoption of bylaws, rules, and regulations necessary to administer Board functions under the Act and other pertinent laws, rules, and regulations.
  • Section 16 provides that the National Museum is headed by a Director-General with the rank and emoluments of an Undersecretary, assisted by two (2) Deputy Directors-General: one for Museums and one for Administration, each with the rank and emoluments of an Assistant Secretary.
  • Section 16 requires management and supervision of central and regional museums and satellite offices by the Director-General and Deputy Directors-General, with assistance of seven (7) Directors and any Assistant Directors, with defined Director positions for specific museum regions and functions.
  • Section 16 requires National Museum officials to be Philippine citizens with proven track records, appropriate knowledge, and demonstrable commitment to the mission and aims, and to pass qualification standards established by the Board in coordination with the Civil Service Commission.
  • Section 17 provides that the Director-General, Deputy Directors-General, Directors, and Assistant Directors are appointed by the Board for a term of four (4) years, eligible for reappointment for succeeding four-year terms based on merit and performance, and that vacancy appointments cover only the unexpired portion of the term.
  • Section 17 automatically upgrades the incumbent Director and two (2) Assistant Directors, if any, to Director-General and Deputy Directors-General provided herein and grants a term of one (1) year before the Board reviews performance for possible reappointment.
  • Section 18 grants free admission to the general public to all public museums and national historical shrines and landmarks, subject to capacity and availability determined by the National Museum or the National Historical Commission of the Philippines, and allows fees for special activities, programs, or temporary exhibitions upon approval of the pertinent Head of Agency.

Funds, taxes, admissions, and internal controls

  • Section 19 authorizes the National Museum to retain the entirety of its income from all sources nationwide and overseas and to expend it for purposes in benefit of the National Museum as authorized by the Board in accordance with the Act and other laws pertinent to the Museum, including provisions in the General Appropriations Act for the fiscal year.
  • Section 19 requires that retained income be placed in a dedicated National Museum Income Fund, and permits accumulation for future fiscal year disbursement when not expended within the fiscal year generated.
  • Section 19 abolishes the existing Revolving Fund and requires its balance transfer to the National Museum Income Fund.
  • Section 19 requires donations covered by legally executed deeds of donation to be placed in a dedicated National Museum Donations Fund and disbursed according to deed terms, or otherwise for any purpose in benefit of the National Museum as authorized by the Board where no specific purposes are stipulated.
  • Section 19 authorizes acceptance of anonymous monetary donations from visitors in Philippine or foreign currency, treating them as voluntary gratuities credited to the Donations Fund.
  • Section 19 requires that anonymous donations may be solicited through recommended amounts formulated and approved by the Board and accepted through donation boxes or authorized persons, with handling and accounting subject to rules in agreement with the Commission on Audit within six (6) months after the Act’s effectivity.
  • Section 19 provides that retained income and anonymous donations and donation deed-covered amounts without specified purpose are applied to purchase capital assets for the National Museum’s benefit, including real properties and movable assets such as equipment and collections items, subject to Board authorization and existing budgeting, accounting, and auditing rules.
  • Section 20 renames the existing Museum Endowment Fund as the National Museum Endowment Fund and defines its sourcing: P250,000,000 annual net earnings of the Philippine Charity Sweepstakes Office from lotto operation and P250,000,000 from the annual net earnings of the Philippine Amusement and Gaming Corporation.
  • Section 20 requires the Philippine Charity Sweepstakes Office and Philippine Amusement and Gaming Corporation to continue remitting required contributions payable within five (5) years after the effectivity of the Act, taking into account past remittances.
  • Section 20 requires the Board to administer the Endowment Fund and allows appointment of professional fund managers to manage and invest the Fund on its behalf, with rules similar to those for relevant government financial institutions agreed among the National Museum, the Department of Finance, and other concerned agencies.
  • Section 20 requires that donations and bequests be explicitly executed for the purpose and, once credited, become part of the Fund principal; only the interest may be expended by the Board, which may transfer amounts to a corresponding special projects account disbursed through the Head of Agency.
  • Section 21 exempts the National Museum from payment of taxes, fees, and charges imposed by the National Government and its political subdivisions, agencies, and instrumentalities.
  • Section 21 exempts all donations in any form to the National Museum from the donor’s tax and deems them allowable deductions from gross income for the donor’s income tax computation under Republic Act No. 8424, the “National Internal Revenue Code of 1997,” as amended.
  • Section 21 exempts importation of scientific, philosophical, historical, and cultural books, supplies, and materials for use in conservation and preservation work of the National Museum from customs duties.
  • Section 28 requires establishment of an internal audit unit within the National Museum organization.

Admissions, collection procurement, and commercial operations

  • Section 18 mandates free admission to the general public to public museums and national historical shrines and landmarks, subject to capacity and availability.
  • Section 18 allows fees for special activities, programs, or temporary exhibitions upon approval of the pertinent Head of Agency.
  • Section 22 exempts procurement of unique, special, and/or original collection items—charged to allowed funding sources and authorized by the Head of Agency with Board concurrence—from applicable laws, rules, and regulations on government procurement.
  • Section 22 allows procurement by direct negotiation with owners or duly designated agents or representatives, requiring a written and signed quotation addressed to the National Museum by the owner or agent.
  • Section 22(b) requires a certification by the Head of Agency stating the item’s appropriate significance to the National Museum and importance to Filipino heritage and patrimony, the negotiated price is reasonable and fair, no conflicts of interest exist as defined by prevailing laws and rules, and the item was not illegally acquired or trafficked.
  • Section 22(c) requires for items above One million pesos (P 1,000,000) or its foreign currency equivalent in price that the Head of Agency recommends in writing to the Board resolution for approval in principle; items at or below that amount may be procured by sole authority of the Head of Agency provided there is no splitting as defined in procurement laws.
  • Section 22(d) requires Board resolution approving in principle the purchase and authorizing the Head of Agency to sign the Deed of Sale and other transaction documents for items above P1,000,000 or its foreign currency equivalent.
  • Section 22(e) requires a Bids and Awards Committee resolution verifying document production where applicable, certifying availability of funds, and authorizing issuance of a Notice of Award for signature of the Head of Agency.
  • Section 22(f) requires that after Notice of Award, execution of Deed of Sale by the Head of Agency occurs, then issuance of Notice to Proceed authorizes processing of payment; signed Notice to Proceed by the Head of Agency authorizes payment in Philippine or foreign currency, with receipt acknowledged by official receipt or legal equivalent.
  • Section 22(g) mandates payment for collections items made under this provision gross of deductions for tax, while placing responsibility on the owner (or agent) to pay direct and indirect taxes owed to Philippine and foreign authorities from the sale under applicable laws.
  • Section 22(h) requires posting certified true copies of the documents in a designated public place and on the official website for at least six (6) months, and transmission to specified agencies including Commission on Audit (through resident auditor), Department of Budget and Management, Government Procurement Policy Board, Bureau of Internal Revenue, and Bureau of Customs when imported from abroad.
  • Section 23 authorizes procurement of unique, special, and/or original items through bidding at public auction, including online public auction, in special cases approved by Board resolution.
  • Section 23 requires the Board to predetermine for each item an appropriate price ceiling based on fair market valuation, exclusive of commissions, fees, charges, taxes, and other associated expenses.
  • Section 23 requires the National Museum’s interest in the item to be made known to the public auction management so that it discloses or announces it to all parties registered to observe or participate.
  • Section 23 establishes a right of first refusal in favor of the National Museum when authorized by the Board; the National Museum may match the highest bid within seven (7) days by written notice to auction management.
  • Section 23 provides that violations by auction management of the right of first refusal that demonstrably caused failure of the National Museum to acquire the item for the National Government result in a fine equal to the highest bid paid to the National Treasury through the National Museum, and allow the National Museum to file charges in the appropriate court for other legal penalties under existing laws.
  • Section 25 authorizes commercial operations, with proceeds credited to the National Museum Income Fund, including:
    • rental of dedicated areas for external events with terms and conditions under a fee schedule approved by the Board;
    • lease of dedicated areas for commercial establishments through public bidding with preference to nonprofit organizations supportive of the mandate for a term up to five (5) years per contract;
    • lease of dedicated areas for vehicular parking through public bidding to qualified firms for a term up to five (5) years per contract; and
    • production and/or licensing of official merchandise through public bidding with preference to nonprofit organizations supportive of the mandate for a term up to five (5) years per contract.
  • Section 25 authorizes outsourcing through public bidding of all general, non-museological property management operations (including security and maintenance) for National Museum real properties, particularly the National Museum Complex in Rizal Park, Manila, for up to five (5) years per contract, funded by general appropriations each year.

Collections held in trust; de-accessioning; internal governance

  • Section 24 requires registration with the National Museum and inclusion in a general inventory and catalogue of National Government collections of movable cultural properties owned by the National Government that fall within coverage under Republic Act No. 10066 and this Act, particularly works of fine and applied art, archaeological and historical artifacts, relics of built heritage, and ethnographic materials of national significance.
  • Section 24 requires production and publication of the inventory and catalogue within three (3) years after the Act’s effectivity and annual updating thereafter to incorporate changes reported by concerned agencies.
  • Section 24 provides that such National Government collections are held in trust for the Filipino people and shall not be alienated or otherwise disposed of without National Museum approval consistent with de-accessioning policies under the Act.
  • Section 24 authorizes the National Museum to request transfer or loan of any such National Government collections and any item pertaining thereto for protection, preservation, study, or public exhibition, and requires agencies of the National Government to give highest consideration and to offer for transfer or loan items they possess to support those purposes.
  • Section 27 authorizes the National Museum to provide for a de-accessioning policy regarding its collections except where restricted by terms of donations or prevailing laws.
  • Section 27 requires Board approval for the de-accessioning of any accessioned item in every case.
  • Section 26 requires training and development programs for personnel, subject to approval of the Director-General for official time training or study in the Philippines or abroad based on needs of service.
  • Section 26 requires the Board to establish a system of monetary incentives for superior performance and milestones of professional development for management, administrative, and technical personnel, subject to approval of the Department of Budget and Management and, where applicable, the Civil Service Commission.

Procurement exceptions, auctions, and regulatory transfers

  • Section 30 requires transfer of all regulatory functions of the National Museum under listed laws—Republic Act No. 4846, Presidential Decree No. 260, Presidential Decree No. 374, Presidential Decree No. 1109, Republic Act No. 8492, Republic Act No. 9105, Republic Act No. 10066, and all other laws and issuances amending or citing as legal basis the same—to the National Commission for Culture and the Arts.
  • Section 30 requires effecting the transfer within two (2) years after the Act’s effectivity.
  • Section 30 requires establishing in the National Commission for Culture and the Arts necessary plantilla positions and organizational units in coordination with the Department of Budget and Management, including an additional position of Deputy Executive Director to manage the transferred functions.
  • Section 30 enjoins the National Museum to provide all technical and expert assistance within its mandated competencies as the National Commission for Culture and the Arts may require to execute the regulatory functions.
  • Section 30 sets the policy that the National Museum is not mandated to engage in regulatory function except that prescribed in Section 24 for National Government collections, and instead focuses on developing itself as premier museum institution and repository for areas provided by the Act and other laws.

Organizational expansion and appropriations

  • Section 10 identifies the National Museum’s central museums as the existing:
    • National Museum of Fine Arts,
    • National Museum of Anthropology,
    • National Museum of Natural History, and
    • National Planetarium.
  • Section 10 requires the National Museum to take steps toward establishing central museums dedicated to archaeology, maritime and underwater cultural heritage, architectural arts and built heritage, and political and social history, and to establish an institute for professional education, training and development in museology and allied fields, and a conservation center for movable cultural properties of national significance.
  • Section 11 requires the National Museum to maintain existing regional, area, and site museums and satellite offices and to take steps toward establishing a regional museum and satellite office in each administrative region beyond the National Capital Region, plus area and site museums and offices where necessary.
  • Section 11 requires coordination of the regional network with the National Historical Commission for Culture and other relevant cultural agencies to prevent institutional duplication.
  • Section 11 requires selection of specific sites for new museums and satellite offices based on geography, population distribution, administrative efficiency, outstanding national artistic, cultural and natural heritage significance, and educational, environmental, and tourism considerations.
  • Section 31 requires initial implementation costs of the Act to be charged against the National Museum’s appropriation under the current General Appropriations Act, and subsequent funding to be included in annual General Appropriations Acts.

Reorganization, separability, repeals, and effectivity

  • Section 29 authorizes the Board to propose reorganization of the National Museum or changes to its organizational structure or staffing pattern subject to approval by the Department of Budget and Management and the Civil Service Commission, except as covered by Sections 16 and 17.
  • Section 32 provides a separability clause: if any provision is held invalid or unconstitutional, the remaining provisions remain in full force and effect.
  • Section 33 repeals Republic Act No. 8492 and repeals or amends other laws and issuances to the extent inconsistent with Republic Act No. 11333.
  • Section 34 again provides the fifteen (15) days publication-and-effectivity rule.

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