Title
Supreme Court
Philippine History and NHCP Law
Law
Republic Act No. 10086
Decision Date
May 12, 2010
Republic Act No. 10086 strengthens nationalism through Philippine history by changing the name of the National Historical Institute to the National Historical Commission of the Philippines, which is responsible for conserving, promoting, and resolving controversies related to the nation's historical and cultural heritage.

Law Summary

Declaration of Policy

  • State policy to conserve, promote, and popularize the nation's historical and cultural heritage.
  • Artistic and historic wealth are national cultural treasures under state protection.
  • The state aims to strengthen nationalism, love of country, respect for heroes, and pride through Philippine history.
  • Emphasizes the importance of national and local history in daily life.
  • Prioritizes both historical research and the popularization of history to build national identity unified by shared history.

Definition of Terms

  • Built heritage: Architectural and engineering structures of historical and cultural significance.
  • Classified: Structures/sites listed in the NHCP's National Registry not falling under the five main categories.
  • Conservation: Measures to maintain cultural significance including preservation, restoration, reconstruction.
  • Documentation: Permanent recording of NHCP research and activities.
  • Heritage houses: Houses of ancestry of notable historical and cultural value as declared by NHCP.
  • Historic site: Places with important historical significance.
  • Historical street name: Existing for at least fifty years.
  • History: Study and record of past people, places, and events.
  • History museum: Place with relics and resources for public appreciation and education.
  • Historical research: Scholarly investigation of past events and places.
  • Historical writing: Scholarly documentation of past.
  • National historical landmarks, monuments, shrines: Sites, structures memorializing significant history.
  • National registry: Record of all historic sites and structures.
  • Preservation: Activities preventing damage or deterioration of cultural property.
  • Restoration: Technical intervention to return cultural property to original state.

Renaming of the National Historical Institute

  • National Historical Institute (NHI) renamed to National Historical Commission of the Philippines (NHCP).
  • NHCP is an independent agency attached to the National Commission for Culture and the Arts (NCAA).

General Mandate

  • NHCP is the primary agency responsible for official Philippine history.
  • Authority over factual matters of Philippine history.
  • Conduct research on national and local history.
  • Develop educational materials and programs to popularize history.
  • Implement conservation and protection of historical movable and immovable objects.
  • Manage and administer shrines, monuments, sites, and landmarks.
  • Resolve historical controversies or issues.

The Board

  • NHCP governed by a nine-member Board to formulate and implement policies.

Powers and Functions of the Board

  • Conduct and encourage historical research.
  • Acquire historical documents and properties.
  • Determine preservation and restoration of heritage sites.
  • Approve declarations of historic places and heritage houses.
  • Prescribe commemoration of historical events.
  • Initiate and promote popularization programs including school curriculum integration.
  • Resolve historical disputes with finality.
  • Enforce Flag Law and other relevant laws.
  • Receive donations, grants, and endowments.
  • Develop consortium agreements linking agencies and entities.
  • Regulate preservation activities.
  • Generate funds and collect reasonable fees.
  • Approve grants, create committees, and deputize individuals.
  • Conduct public hearings and inspections on historical issues.
  • Approve annual budget for NHCP.
  • Appoint Deputy Executive Directors.
  • Exercise oversight of NHCP administration.

Composition of the Board

  • Chairperson and five distinguished historians from private sector appointed by the President.
  • Regular members vote on research and academic matters.
  • Ex officio members: Directors/Executive Directors of National Library, National Museum, National Archives, and NHCP.

Qualifications of Regular Members

  • Natural-born Filipino, at least 35 years old, good moral character, distinguished in Philippine history.
  • Published recognized academic works.

Term of Office of Regular Members

  • Four-year terms with first appointees having staggered terms (2 for 4 years, 2 for 3 years, 1 for 2 years).
  • Maximum of two consecutive terms.
  • No temporary or acting appointments.

Election and Term of Chairman

  • Chairman elected from regular members by all Board members.
  • Chairman serves 3-year term, maximum two consecutive terms.

Functions of the Chairman

  • Head of NHCP; represents and acts for the Board.
  • Provides leadership and advises President and Congress on Philippine history.
  • Presides over Board meetings and proposes agenda.
  • Oversees Executive Director and Deputies.
  • Represents NHCP in various official capacities.

Executive Director

  • Appointed by the President, rank equivalent to bureau director.

Functions of the Executive Director

  • Implements Board-approved policies and programs.
  • Manages day-to-day NHCP operations.
  • Represents NHCP in authorized meetings.
  • Performs other assigned functions.

Deputy Executive Directors

  • Two deputies: one for Administration, one for Programs and Projects.
  • Appointed by the Board.

Qualifications for Executive and Deputy Executive Directors

  • Natural-born Filipino, good moral character, college degree.
  • At least 5 years government management experience for Executive Director, 3 years for Deputies.
  • Deputies must have Career Executive Service Officer eligibility.

Delegation of Authority

  • Executive Director may delegate authorities to Deputies in writing with specified responsibilities and duration.

Reorganization of NHCP

  • Board may reorganize NHCP staff and structure within 120 days.
  • NHI employees subsumed into NHCP with possible position upgrades.
  • Early retirement options per government guidelines.

Historic Sites and Structures Documentation Center

  • Established within NHCP, replacing the Survey and Documentation Section.
  • Tasks: survey, documentation, and recommendations for historic declarations.
  • Maintains the National Registry of Historic Sites and Structures.

Local Historical Committees Network (LHCN)

  • Network of local historical bodies for monitoring, coordination, and support.
  • Collects, documents, popularizes, conserves, restores historical materials.
  • Records oral histories of localities.

Materials Research Conservation Division

  • Former Materials Research Conservation Center renamed.
  • Provides consultancy on preservation/restoration to collectors.
  • Conducts scientific research to update preservation techniques.
  • Establishes international linkages for scientific preservation.

Tax Exemptions

  • NHCP income exempt from all taxes.
  • Donations to NHCP exempt from donor's tax and deductible.
  • Importation of conservation-related materials exempt from customs duties.

Revolving Fund

  • NHCP income (up to P1 million) from fees, services, donations used to support projects.
  • Excess funds remitted to National Treasury.

Funding

  • Implementation funded through the annual General Appropriations Act.

Transitory Provisions

  • Incumbent NHI officials serve for one year or until new appointments.
  • All NHI assets, contracts, and employees transferred to NHCP.
  • Existing contracts remain effective unless modified.
  • Employees absorbed based on merit; separation benefits for affected personnel.

Implementing Rules and Regulations

  • To be promulgated within 90 days in consultation with relevant agencies.

Separability Clause

  • Invalidity of any provision does not affect other provisions.

Repealing Clause

  • Contradictory provisions in prior laws, decrees, and rules repealed or modified.

Effectivity

  • Law takes effect 15 days after publication in two newspapers of general circulation.

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