REPUBLIC ACT 9105 April 14, 2001
AN ACT DEFINING THE CRIME OF ART FORGERY, PROVIDING PENALTIES, AND INSTITUTIONALIZING THE MECHANISM FOR ART AUTHENTICATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled:
Section 1. Short Title - This act shall be known as the "Art Forgery Act of 2001."
Section 2. Declaration of Policy - It is hereby declared the policy of the State to protect, conserve, develop and promote the nation's cultural heritage, artistic creations and resources.
Section 3. Definition of Terms - For purposes of this Act, the following terms or phrases used herein shall mean or be understood as follows:
(a) Art forgery is committed by any person or entity who commits any of the following acts:
(1) Affixing or causing to appear a usurped or forged signature or sign on any work of fine art;
(2) Counterfeiting or imitating any original signature or sign, with the intent to deceive the public or the buyer as...
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Republic Acts
AN ACT DEFINING THE CRIME OF ART FORGERY
Republic Act No. 9105
Summary of Republic Act 9105 (Art Forgery Act of 2001)
Declaration of Policy (Section 2)
- Protect, conserve, develop and promote the nation's cultural heritage, artistic creations and resources.
Definition of Terms (Section 3)
- Art forgery: (1) Affixing forged signature on artwork, (2) Counterfeiting signatures with intent to deceive, (3) Selling artwork with forged signatures, (4) Imitating artwork with intent to deceive.
- Work of fine art: Original paintings, sculptures, drawings, and artwork produced in multiples like graphic and photographic works and sculpture casts, excluding mass-produced commercial works.
- Art dealer: Any person or entity selling works of fine art for profit or gain.
Art Authentication Panel (Sections 4, 6, 7)
- Replaces the panel of experts for fine arts under R.A. No. 4846.
- Composed of 3 members appointed by the National Museum Board of Trustees from a list submitted by the Search Committee.
- Qualifications: Filipino citizen, at least 35 years old, competent, with integrity, and degree/experience in art conservation, connoisseurship, art history or visual arts.
- Term: 2 years, maximum of 2 consecutive terms.
Functions of the Art Authentication Panel (Section 5)
- Verify and certify original works of fine art, and issue authentication certificates.
- Accept registration of original works submitted by the author.
- Impose and collect authentication, registration, and other fees.
- Initiate investigation and recommend prosecution for violations.
- Promulgate rules and regulations, impose fines and sanctions.
- Perform other necessary acts to carry out the provisions of the Act.
Search Committee for the Panel (Sections 8, 9)
- Constituted by the National Museum Board of Trustees.
- Composed of: Executive Director of National Museum (Chairperson), NCCA Commissioner, President of Philippine Association of Art Galleries, National Artist for Visual Arts, 2 deans of reputable fine arts schools, and President of Artists Association of the Philippines.
- Functions: (1) Submit list of 6 names for Panel members, (2) Maintain list of Art Consultants (recognized experts) for the Panel.
Penalties (Section 11)
- Imprisonment of 6 years and 1 day to 12 years, and fine of P50,000 to P500,000 for committing art forgery acts.
- For corporations/entities, penalty imposed on chief executive and responsible officials.
- For art dealers/gallery owners, automatic revocation of license in addition to penalties.
Appropriations (Section 12)
- P50,000,000 appropriated from the Organizational Adjustment Fund for implementation.
- Subsequent funding to be included in the General Appropriation Act.
- Amounts collected by the Panel shall be retained by the National Museum to augment appropriations.
Implementing Rules and Regulations (Section 13)
- To be promulgated by the National Museum Board of Trustees.
Separability Clause (Section 14)
Repealing Clause (Section 15)
Effectivity Clause (Section 16)
Declaration of Policy (Section 2)
- Protect, conserve, develop and promote the nation's cultural heritage, artistic creations and resources.
Definition of Terms (Section 3)
- Art forgery: (1) Affixing forged signature on artwork, (2) Counterfeiting signatures with intent to deceive, (3) Selling artwork with forged signatures, (4) Imitating artwork with intent to deceive.
- Work of fine art: Original paintings, sculptures, drawings, and artwork produced in multiples like graphic and photographic works and sculpture casts, excluding mass-produced commercial works.
- Art dealer: Any person or entity selling works of fine art for profit or gain.
Art Authentication Panel (Sections 4, 6, 7)
- Replaces the panel of experts for fine arts under R.A. No. 4846.
- Composed of 3 members appointed by the National Museum Board of Trustees from a list submitted by the Search Committee.
- Qualifications: Filipino citizen, at least 35 years old, competent, with integrity, and degree/experience in art conservation, connoisseurship, art history or visual arts.
- Term: 2 years, maximum of 2 consecutive terms.
Functions of the Art Authentication Panel (Section 5)
- Verify and certify original works of fine art, and issue authentication certificates.
- Accept registration of original works submitted by the author.
- Impose and collect authentication, registration, and other fees.
- Initiate investigation and recommend prosecution for violations.
- Promulgate rules and regulations, impose fines and sanctions.
- Perform other necessary acts to carry out the provisions of the Act.
Search Committee for the Panel (Sections 8, 9)
- Constituted by the National Museum Board of Trustees.
- Composed of: Executive Director of National Museum (Chairperson), NCCA Commissioner, President of Philippine Association of Art Galleries, National Artist for Visual Arts, 2 deans of reputable fine arts schools, and President of Artists Association of the Philippines.
- Functions: (1) Submit list of 6 names for Panel members, (2) Maintain list of Art Consultants (recognized experts) for the Panel.
Penalties (Section 11)
- Imprisonment of 6 years and 1 day to 12 years, and fine of P50,000 to P500,000 for committing art forgery acts.
- For corporations/entities, penalty imposed on chief executive and responsible officials.
- For art dealers/gallery owners, automatic revocation of license in addition to penalties.
Appropriations (Section 12)
- P50,000,000 appropriated from the Organizational Adjustment Fund for implementation.
- Subsequent funding to be included in the General Appropriation Act.
- Amounts collected by the Panel shall be retained by the National Museum to augment appropriations.
Implementing Rules and Regulations (Section 13)
- To be promulgated by the National Museum Board of Trustees.
Separability Clause (Section 14)
Repealing Clause (Section 15)
Effectivity Clause (Section 16)