Philippine History and NHCP Law

Policy and intent

Section 2 declares State policy to conserve, promote and popularize the nation’s historical and cultural heritage and resources.
Section 2 recognizes that, under the Constitution, the country’s artistic and historic wealth constitutes the cultural treasure of the nation under protection of the State, which may regulate its disposition.
Section 2 directs the State to strengthen people’s nationalism by reinforcing the importance of Philippine national and local history in daily life to raise social consciousness, reinvigorate government support for historical research, and sustain and enhance programs for protecting and conserving historical relics and memorabilia, monuments, sites, and other historical resources.
Section 2 mandates utmost priority for both historical research and popularization of history to build a Philippine national identity based on unity and pride in diversity through a common history.

Core definitions

Section 3 defines “Built heritage” as architectural and engineering structures such as bridges, government buildings, houses of ancestry and worship, traditional dwellings, technological and industrial complexes and their settings, and landscapes with notable historical and cultural significance.
Section 3 defines “Classified” structures and sites as those marked and listed as such and recorded in the National Registry of Historic Sites and Structures, and not falling under any of five (5) categories: National Shrines, National Monuments, National Landmarks, Heritage Houses, and Historic Sites.
Section 3 defines “Conservation” as all processes and measures maintaining the cultural significance of a cultural property, including physical, social, or legal preservation, restoration, reconstruction, protection, adaptation, or any combination.
Section 3 defines “Documentation” as recording in a permanent format information derived from research, conservation and other activities of the National Historical Commission of the Philippines (NHCP).
Section 3 defines “Heritage houses”, “Historic site”, “History”, “History museum”, “Historical research”, and “Historical writing” in terms of NHCP recognition and/or subject-matter scope.
Section 3 defines categories and registry terms including “National historical landmarks”, “National historical monuments”, “National historical shrines”, and “National registry of historic sites and structures” as NHCP documentation and records; it also defines “Philippine history” and preservation concepts including “Preservation” and “Restoration.”
Section 3 defines “Historical street name” as a street name existing for at least fifty (50) years.

Renaming and creation of NHCP

Section 4 changes the nomenclature of the National Historical Institute (NHI) (established pursuant to Presidential Decree No. 1, series of 1972) to the National Historical Commission of the Philippines (NHCP).
Section 4 provides that the NHCP is an independent agency attached to the National Commission for Culture and the Arts (NCCA).
Section 19 authorizes the Board to reorganize the former NHI structure to carry out the NHCP’s expanded mandate.
Section 26 transfers to the NHCP all assets, fixed and movable, and all contracts, records and documents relative to NHI operations.
Section 26 provides continuity for existing engagements by stating that all agreements and contracts entered into by the NHI remain in full force and effect unless terminated, modified, or amended by the NHCP.
Section 26 provides absorption of personnel by the NHCP on a basis of merit and fitness, with separation benefits for employees separated due to abolition of divisions.

NHCP mandate and governance

Section 5 makes the NHCP the primary government agency responsible for history and grants it authority to determine all factual matters relating to official Philippine history.
Section 5 requires NHCP to: conduct and support research; develop educational materials; implement historical educational activities for popularization; disseminate information regarding historical events, dates, places and personages; and undertake restoration, conservation and protection of historical movable and immovable objects.
Section 5 mandates NHCP to manage, maintain, and administer national shrines, monuments, historical sites, edifices and landmarks of significant historico-cultural value.
Section 5 empowers NHCP to actively engage in settling or resolving controversies or issues relative to historical personages, places, dates and events.
Section 6 provides NHCP is governed by a nine (9)-member Board.
Section 7 vests the Board with enumerated powers and functions covering research, acquisition, designation and approvals, commemoration, factual issue resolution, enforcement of Republic Act No. 8491, program development, donations, consortium agreements, regulation, fundraising, fees, committees/deputations, public hearings and ocular inspections, budgeting approval, appointment of deputy executives, and oversight of operations.

Board powers, voting, and public inquiries

Section 7 empowers the Board to conduct and encourage research pertaining to Philippine national and local history.
Section 7 authorizes the Board to acquire important historical documents, collections, memorabilia and other objects with significant historical value.
Section 7 empowers the Board to acquire real property, buildings and other structures for preserving, restoring and conserving their significant historical value.
Section 7 directs the Board to determine the manner of identification, maintenance, restoration, conservation and preservation of historical sites, shrines, structures and monuments.
Section 7 requires Board approval for the declaration of historic structures and edifices such as national shrines, monuments and landmarks or heritage houses.
Section 7 authorizes the Board to prescribe commemoration methods for significant events and to initiate, in cooperation with government or private entities, programs for popularization, including integration into the school curriculum.
Section 7 grants the Board authority to discuss and resolve, with finality, issues or conflicts on Philippine history.
Section 7 mandates the Board to implement and enforce Republic Act No. 8491 (Flag Law) and other special laws where NHCP is designated as implementing body.
Section 7 allows the Board to secure and receive donations, grants and endowments, to develop and implement consortium agreements, and to regulate activities pertaining to the preservation, restoration and conservation of historical property or resources.
Section 7 requires the Board to generate funds from government or private sources, local or international, for programs and projects.
Section 7 requires NHCP to collect reasonable fees for use, sale or rent of its resources and entrance fees to shrines and landmarks under NHCP jurisdiction.
Section 7 authorizes the Board to approve grants, create committees, or deputize individuals for NHCP projects.
Section 7 requires the Board to conduct public hearings and ocular inspections or initiate factual investigations for the purpose of declaring official historical dates, places, personages and events.
Section 7 requires the Board to approve NHCP’s annual budget before it is presented to the Department of Budget and Management (DBM) and Congress.
Section 7 empowers the Board to appoint the Deputy Executive Directors and to exercise oversight over the NHCP’s administrative operations.

Board composition and eligibility limits

Section 8 provides that the Board is headed by a Chairperson and consists of five (5) distinguished historians from the private sector as regular members, appointed by the President.
Section 8 provides that only regular members can vote on matters relating to historical research and similar academic concerns.
Section 8 designates ex officio members as: the Director of the National Library of the Philippines, the Director of the National Museum, the Executive Director of the National Archives of the Philippines, and the Executive Director of the NHCP.
Section 9 requires regular members to be natural-born citizens, at least thirty-five (35) years of age, of good moral character, distinguished in Philippine history, and with published works in Philippine history and other academic fields recognized by scholars and the reading public.
Section 10 provides regular members serve a term of four (4) years, with staggered first appointments: two (2) full terms of four (4) years, two (2) terms of three (3) years, and one (1) term of two (2) years.
Section 10 prohibits regular members from serving more than two (2) consecutive terms.
Section 10 limits appointments to vacancies as only for the unexpired portion of the predecessor’s term and prohibits appointment or designation in any temporary or acting capacity.
Section 11 requires the Board to elect the Chairperson from among regular members, with participation by all Board members.
Section 12 sets the Chairperson’s term at three (3) years and limits the Chairperson to not more than two (2) consecutive terms.

NHCP leadership offices and qualifications

Section 13 provides that the Chairman represents and acts for the Board in all matters pertaining to the NHCP.
Section 13 requires the Chairman to provide leadership, advise the President and Congress on matters relating to Philippine history, preside over Board meetings, propose Board meeting agendas, and exercise oversight over the Executive Director and Deputy Executive Directors to ensure Board implementation.
Section 13 requires the Chairman to represent the NHCP on official matters, including representation in the Board of the NCCA and other agencies where the NHCP head sits.
Section 14 provides that the Executive Director is appointed by the President and has a rank equivalent to a bureau director.
Section 15 requires the Executive Director to implement Board policies and programs; administer day-to-day operations; represent the NHCP in authorized or delegated meetings; and perform other functions assigned by the Board.
Section 16 provides for two Deputy Executive Directors: one for Administration and one for Programs and Projects; they are appointed by the Board.
Section 17 sets qualification requirements: for the Executive Director and Deputy Executive Directors—natural-born citizen, good moral character, holder of any four (4)-year college degree, and relevant management experience (Executive Director: at least five (5) years managing a government agency; Deputy Executive Directors: three (3) years experience), and CESO eligibility only for the Deputy Executive Director position.
Section 18 vests in the Executive Director responsibility for day-to-day operations and allows delegation of authority to Deputy Executive Directors, but only through a written delegation that names the specific officer, states duties and responsibilities, specifies the period of delegated authority, and vests sufficient authority.

Reorganization, centers, networks, and research

Section 19 authorizes the Board, within one hundred twenty (120) days from the effectivity of this Act, to reorganize the former NHI structure, including staffing patterns, to execute the NHCP’s expanded mandate.
Section 19 provides that employees of the NHI are subsumed in the NHCP and, when qualified, are upgraded to analogous positions; employees opting for early retirement receive benefits under existing DBM guidelines.
Section 20 requires establishment of a Historic Sites and Structures Documentation Center (HSSDC) within the NHCP to replace the existing Survey and Documentation Section.
Section 20 tasks the HSSDC with undertaking survey, identification, documentation and recommendation for Board declaration of historic structures and edifices, and with maintaining the National Registry of Historic Sites and Structures.
Section 21 provides that the agency’s historical society affiliations work constitutes the Local Historical Committees Network (LHCN).
Section 21 mandates the LHCN to monitor, coordinate, support, and—upon Board approval—affiliate local historical bodies engaged in collecting, documenting, popularizing, conserving, restoring and preserving extant historical materials; it also requires recording of oral histories of towns, cities, provinces, regions and peoples.
Section 22 renames the Materials Research Conservation Center to Materials Research Conservation Division (MRCD).
Section 22 requires the MRCD, aside from regular functions, to provide consultancy services to collectors of valuable historical objects to ensure preservation/restoration/conservation techniques follow accepted international standards; to enrich and update restoration and preservation knowledge through scientific research; and to establish linkages between the Philippines and international bodies engaged in scientific preservation of historical and cultural objects.

Tax treatment, funding, and revolving fund rules

Section 23 exempts NHCP from all taxes on its income.
Section 23 provides that donations to NHCP are exempt from the donor’s tax and are considered allowable deductions from gross income for the donor’s income tax computation under Republic Act No. 8424 (National Internal Revenue Code of 1997, as amended).
Section 23 exempts importation of scientific, philosophical, historical and cultural books, supplies and materials for use in NHCP conservation or preservation work, when duly certified by the Board, from customs duties.
Section 24 establishes a revolving fund consisting of NHCP income not exceeding PHP 1,000,000.00 derived from publications, park entrance fees and donations, rendering technical services, conferences and workshops, and similar income.
Section 24 provides the revolving fund augments projects where the income was derived, subject to government auditing rules and regulations.
Section 24 requires that proceeds in excess of PHP 1,000,000.00 are remitted to the National Treasury and accrue to the General Fund.
Section 25 requires that the amount necessary for effective implementation of the Act be included in the annual General Appropriations Act.

Transitory provisions, implementing rules, and continuity

Section 26 requires incumbent NHI leadership—Chairman, Executive Director, and Deputy Executive Directors—to continue in their respective capacities as NHCP for one (1) year after effectivity or until a new Chairman and Executive Director are appointed by the President and two (2) new Deputy Executive Directors are appointed by the Board.
Section 26 transfers all NHI operational assets, fixed and movable, and all contracts, records and documents to the NHCP.
Section 26 states that NHI agreements and contracts remain fully effective unless terminated, modified, or amended by the NHCP.
Section 26 provides that NHI officials and employees are absorbed by the NHCP on merit and fitness; employees separated due to abolition of divisions receive retirement and separation benefits under existing laws.
Section 27 requires the NHCP, in consultation with other government agencies mentioned in the Act, to promulgate implementing rules and regulations within ninety (90) days after effectivity.
Section 19, Section 20, Section 21, and Section 22 operationalize the NHCP’s expanded organizational and functional structure through specified timelines and structural changes.

Separability, repeal, and related legal enforcement

Section 28 provides a separability rule: invalidity or unconstitutionality of any provision does not affect the validity and effectivity of other provisions.
Section 29 provides for repeal or modification of inconsistent laws, decrees, executive orders and rules and regulations, and specifically repeals or modifies pertinent provisions of Presidential Decree No. 1, series of 1972 to the extent of inconsistency with the Act.
Section 7 requires the NHCP Board to implement and enforce Republic Act No. 8491 (Flag Law) and other special laws where NHCP is designated as implementing body.