AN ACT PROVIDING FOR THE PROTECTION AND CONSERVATION OF THE NATIONAL CULTURAL HERITAGE

Republic Act No. 10066

Summary of the National Cultural Heritage Act of 2009

Declaration of Principles and Policies (Section 2):
- Preserve, enrich and promote Filipino culture based on unity in diversity.
- Conserve, develop, promote and popularize historical and cultural heritage.
- Protect artistic and historic wealth as cultural treasure of the nation.

Definition of Terms (Section 3):
- Defines key terms like cultural property, heritage zones, intangible cultural heritage, etc.

Categories of Cultural Property (Section 4):
- National cultural treasures
- Important cultural property
- World heritage sites
- National historical shrines, monuments, and landmarks

Privileges for Cultural Property (Section 7):
- Priority government funding for protection, conservation, and restoration.
- Incentives for private support through Conservation Incentive Program.
- Official heritage marker indicating cultural property status.
- Priority protection during armed conflicts, natural disasters, etc.

Procedure for Declaration or Delisting (Section 8):
- Petition by owner, stakeholder, or interested person to NCCA.
- Verification by cultural agency and notice of hearing to stakeholders.
- Submission of position papers and resolution by cultural agency within 90 days.

Right of First Refusal on Sale (Section 9):
- Cultural agency has right of first refusal in purchase of national cultural property.

Licensing of Dealers (Section 10):
- Dealers must secure license and submit quarterly inventory.
- Cultural agencies can charge fees for licenses, inspections, etc.

Dealings of Cultural Property (Section 11):
- No sale, resale or export without clearance from cultural agency.

Heritage Zones (Sections 12-13):
- Designation of heritage zones by cultural agencies and HLURB.
- Maintenance by local government units, including adaptive reuse, appearance, and documentation.

Registration and Conservation (Sections 14-22):
- Establishment of Philippine Registry of Cultural Property within 3 years.
- Registration by government agencies, private collectors, and owners within 3 years.
- Conservation measures by cultural agencies adhering to international standards.
- Documentation and preservation of traditional and contemporary arts by local government units.
- Systematic research in natural history by National Museum.
- Heritage agreements between NCCA and private owners.
- National Inventory of Intangible Cultural Heritage.
- Regulations on immovable national cultural treasures and indigenous properties.
- Restrictions on renaming historical streets, buildings, etc.

Export and Repatriation (Sections 23-24):
- Requirements for export permit, including purpose, dates, and description.
- Repatriation claims and international agreements for illicitly exported property.

Powers of NCCA/Cultural Agencies (Sections 25-30):
- Issue cease and desist orders to protect cultural property.
- Issue compulsory repair orders for neglected private property.
- Inspection powers (visitorial powers) over cultural property.
- Deputize law enforcement agencies for enforcement.
- Recover and retrieve cultural properties from foreign entities.
- Regulate anthropological research, archaeological exploration, and excavation.

Responsibilities of Cultural Agencies (Sections 31-34):
- Delineation of responsibilities for different categories of cultural property.
- Institutional linkages with other government agencies for coordination.
- Encouragement of local government units to incorporate cultural programs.
- Provision of training programs on conservation.

Cultural Property Incentives Program (Sections 35-37):
- Tax exemption on donations to NCCA and cultural agencies.
- National Heritage Resource Assistance Program for financial assistance.
- Annual conservation recognition program with awards and citations.

Cultural Education (Sections 38-40):
- Incorporation of cultural heritage education in formal, alternative, and informal education within 1 year.
- Inclusion of Philippine Registry of Cultural Property in education programs.
- Public accessibility to national historical landmarks, monuments, and sites.

Cultural Heritage Workers' Incentives (Section 41):
- Scholarships, training programs, and measures to protect well-being of cultural workers.
- Application of scientific career merit system for cultural workers.
- Merit award system for non-civil service cultural workers.

Sentro Rizal (Sections 42-46):
- Creation of Sentro Rizal for promotion of Philippine arts, culture, and language worldwide.
- Overseas branches or offices as repositories and providers of materials.
- Coordination and supervision of Philippine schools for Filipino children overseas.
- Provision of services like language courses, exhibits, and cuisine lessons.
- Provision of tourism, trade, and investment materials by government agencies.

Penal Provisions (Sections 48-49):
- Prohibited acts like destruction, modification, excavation without permission, illicit export, etc.
- Penalties of fine not less than ₱200,000 or imprisonment not less than 10 years, or both.
- Confiscation and forfeiture of cultural property involved.
- Additional penalties for juridical persons, dealers, and aliens.
- Penalties for government officials failing to perform duties under deputization.
- Fines for non-registration of cultural property.

Endowment (Section 50):
- Establishment of National Endowment for Culture and the Arts with ₱500 million contribution from PAGCOR and/or General Appropriations over 5 years.

Final Provisions (Sections 51-54):
- Implementing rules and regulations to be promulgated within 90 days.
- Repealing of inconsistent laws and regulations.
- Separability clause.
- Effectivity clause 15 days after publication in newspapers.