AN ACT CREATING THE NATIONAL COMMISSION ON CULTURE AND PROVIDING FUNDS THEREFOR.

Case Overview and Summary

Summary of Republic Act No. 4165
An Act Creating the National Commission on Culture and Providing Funds Therefor

Establishment of the National Commission on Culture
• The National Commission on Culture is created to implement the Constitutional provision that arts and letters shall be under the patronage of the state. (Section 1)
• The Commission shall be composed of a Commissioner and 14 members appointed by the President of the Philippines with the consent of the Commission on Appointments. (Section 1)
• The members shall represent different forms of Philippine arts and letters, including music, drama, painting, sculpture, literature, and dance, with two representatives each. The remaining two members shall represent the public known for their love and devotion to arts and letters. (Section 1)
• The Commissioner shall serve as the chairman and executive officer of the Commission for a term of 6 years with a compensation of ₱9,000 per annum. (Section 1)
• The members of the Commission shall serve for a term of 6 years and receive a per diem of ₱50 for actual attendance at meetings, not exceeding ₱500 per month. (Section 1)
• After serving a full term, the Commissioner or members shall not be reappointed for 3 years, and there shall be no holdover in case of vacancy. (Section 1)
• The Commission shall be under the supervision of the President of the Philippines for administrative purposes. (Section 1)

Powers and Functions of the Commission
• Establish an integrated and coordinated national policy on culture. (Section 2.1)
• Coordinate the activities of all cultural groups. (Section 2.2)
• Formulate and implement a national cultural development and promotion program. (Section 2.3)
• Promote and encourage foreign cultural exchanges to enhance the international prestige of the Philippines. (Section 2.4)
• Provide scholarships and travel grants to deserving talents in arts and letters. (Section 2.5)
• Receive and accept donations and other conveyances of funds, materials, or services for its general use or administrative purposes. (Section 2.6)
• Regulate, manage, or provide for the sending abroad of local artists for exhibitions and performances. (Section 2.7)
• Regulate, manage, or promote the entry of foreign artists into the country for exhibitions and performances. (Section 2.8)
• Extend recognition and accreditation to art and cultural groups. (Section 2.9)
• Extend short-term loans to legitimate cultural groups undertaking cultural activities, under terms and conditions set by the Commission. (Section 2.10)
• Develop an intensified awareness of Philippine culture and its historical and contemporary implications, emphasizing assimilated and creative expressions. (Section 2.11)
• Awaken a new consciousness and orientation towards Philippine culture, emphasizing the search for knowledge, appreciation of the creative, native, and indigenous elements. (Section 2.12)
• Stimulate interest in cultural pursuits and activities among the people, cultivate public appreciation of Philippine arts, encourage original literary and artistic production, create opportunities for self-expression, and fill popular cultural needs. (Section 2.13)
• Arrange or encourage the organization of periodic competitions, exhibitions, and performances in different parts of the country for public benefit and discovery of talents. (Section 2.14)
• Organize a program of research and training, and establish workshops for the revival of traditional or distinctively Philippine arts and crafts, and provide training and facilities for amateurs and professionals. (Section 2.15)
• Call upon different government agencies for assistance and service as required. (Section 2.16)
• Promulgate necessary rules and regulations to carry out the objectives of the Act. (Section 2.17)

Administrative and Research Staff
• The Commission shall be authorized to organize an administrative and research staff, headed by an executive secretary. (Section 3)
• The Commission shall fix the qualifications, requirements, and corresponding salaries for the positions created. (Section 3)
• The executive secretary shall be appointed by the Commission upon nomination by the Chairman, and the rest of the personnel shall be appointed by the Chairman, subject to the approval of the Commission. (Section 3)
• Not more than 30% of the funds available to the Commission at the time of preparing the annual budget shall be devoted to administrative purposes. (Section 3)

Implementation of Programs
• Within 3 months of being constituted and staffed, the Commission shall prepare, adopt, and implement a short-range program of activities responsive to immediate needs and in support of existing programs. (Section 4)
• Within 6 months, the Commission shall prepare a long-range program covering at least 3 years, subject to annual review and revision. (Section 4)
• The Commission shall enlist the cooperation of other institutions, assign cultural projects and missions, make available necessary funds, and provide supervision and close liaison. (Section 5)

Funding and Appropriations
• ₱1,500,000 is appropriated from the National Treasury to enable the Commission to carry out its functions. (Section 6)
• Public funds appropriated under Republic Act No. 1370 and Republic Act No. 3042 as aid to the Music Promotion Foundation are transferred to the Commission, with ₱200,000 continuing to be appropriated as aid to the foundation. (Section 7)
• ₱200,000 appropriated under Republic Act No. 3042 as aid to Filipino cultural groups engaged in the study and dissemination of Filipino folk arts, music, and dances shall now include music, drama, painting, sculpture, dance, and literature, limited to necessary transportation and subsistence expenses. (Section 7)
• Donations, contributions, subsidies, or aid made to the Commission shall be considered allowable deductions on the income of donors or givers for income tax purposes. (Section 8)
• 5% of the total annual collections of all taxes on amusement is set aside and appropriated for the yearly maintenance and support of the Commission. (Section 9)

Repealing Clause and Separability Clause
• All laws, executive orders, rules, and regulations contrary to the provisions of this Act are repealed. (Section 10)
• If any part or section of this Act is declared unconstitutional, such declaration shall not invalidate the other provisions. (Section 11)

Effectivity
• This Act shall take effect upon its approval. (Section 12)