AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 4846, OTHERWISE KNOWN AS THE “CULTURAL PROPERTIES PRESERVATION AND PROTECTION ACT”

WHEREAS, the National Museum has the difficult task, under
existing laws and regulations, of preserving and protecting the cultural
properties of the nation;

WHEREAS, innumerable sites all over the country have since
been excavated for cultural relics, which have passed on to private
hands, representing priceless cultural treasure that properly belongs to
the Filipino people as their heritage;

WHEREAS, it is perhaps impossible now to find an area in the
Philippines, whether Government or private property, which has not been
disturbed by commercially-minded diggers and collectors, literally
destroying part of our historic past;

WHEREAS, because of this the Philippines has been charged as
incapable of preserving and protecting her cultural legacies;

WHEREAS, the commercialization of Philippine relics from the
contact period, the Neolithic Age, and the Paleolithic Age, has reached
a point perilously placing beyond reach of savants the study and
reconstruction of Philippine prehistory; and

WHEREAS, it is believed that more stringent regulation on
movement and a limited form of registration of important cultural
properties and of designated national cultural treasures is necessary,
and that regardless of the item, any cultural property exported or sold
locally must be registered with the National Museum to control the
deplorable situation regarding our national cultural properties and to
implement the Cultural Properties Law;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and General
Order No. 1, dated September 22, 1972, do hereby decree, order and make
as part of the law of the land the following:

SECTION 1. Sections 2 to 22 of Republic Act No. 4846 are
hereby amended to read as follows:

“SEC. 2. It is hereby declared to be the policy of the
State to preserve and protect the important cultural properties and
National Cultural Treasures of the nation and to safeguard their
intrinsic value.

“SEC. 3. “a. Cultural properties are old
buildings, monuments, shrines, documents, and objects which may be
classified as antiques, relics, or artifacts, landmarks, anthropological
and historical sites, and specimens of natural history which are of
cultural, historical, anthropological or scientific value and
significance to the nation; such as physical, anthropological,
archaeological and ethnographical materials, meteorites and tektites;
historical objects and manuscripts; household and agricultural
implements; decorative articles or personal adornment; works of art such
as paintings, sculptures, carvings, jewelry, music, architecture,
sketches, drawings, or illustrations in part or in whole; works of
industrial and commercial art such as furniture, pottery, ceramics,
wrought iron, gold, bronze, silver, wood or other heraldic items,
metals, coins, medals, badges, insignias, coats of arms, crests, Hags,
arms, and armor; vehicles or ships or boats in part or in whole.
“b. Cultural properties which have been singled out from among the
innumerable cultural properties as having exceptional historical and
cultural significance to the Philippines, but are not sufficiently
outstanding to merit the classification of ‘National Cultural Treasures’
are important cultural properties.
“c. A National Cultural Treasure is a unique object found
locally, possessing outstanding historical, cultural, artistic and/or
scientific value which is highly significant and important to this
country and nation.
“d. Antiques are cultural properties found locally which are
one hundred years or more in age or even less, but their production
having ceased, they have, therefore, become or are becoming rare.
“e. Relics are cultural properties which, either as a whole or
in fragments, are left behind after the destruction or decay of the rest
of its parts and which are intimately associated with important
beliefs, practices, customs and traditions, periods and personages.
“f. Artifacts are articles which are products of human skills
or workmanship, especially in the simple product of primitive arts or
industry representing past eras or periods.
“g. Natural History Specimens are live or preserved specimens
of plants and animals, fossils, rocks and minerals. Only types,
presently irreplaceable specimens, and those in danger of extinction
shall be embraced in this Act.
“h. Type as mentioned in Section seven-b in the context of this
Act is a specimen selected as the best to represent a kind or class of
objects consisting of any but almost identical individuals or pieces. In
the case of specimens of natural history, the type is the individual
specimen which was used as the basis of description establishing the
species, in accordance with the rules of nomenclature.
“i. A historical site is any place, province, city, town and/or
any location and structure which has played a significant and important
role in the history of our country and nation. Such significance and
importance may be cultural, political, sociological or historical.
“j. An archaeological site is any place which may be
underground or on the surface, underwater or at sea level which contains
fossils, artifacts and other cultural, geological, botanical,
zoological materials which depict and document evidences of
paleontological and prehistoric events.
“k. An anthropological area is any place where studies of
specific cultural groups are being or should be undertaken in the field
of anthropology. Anthropology in this case is descriptive,
interpretative and comparative study of all aspects of various cultural
linguistic groups including the collection and analysis of their
particular material culture.
“l. Collector is any person or institution who acquires
cultural properties and National Cultural Treasures for purposes other
than sale.
“m. Dealers are persons or enterprises who acquire cultural
properties for the purpose of engaging in the acquisition and resale of
the same.
“n. Exporters are dealers who engage in the business of
exporting cultural properties.
“o. For purposes of Republic Act No. 4846 government property covers all
lands and marine areas including those covered by licenses or special
permits and those owned or administered by government-owned or
-controlled corporations, institutions or agencies.

“SEC. 4. The National Museum, hereinafter referred to as
the Museum, shall be the agency of the Government which shall implement
the provisions of this Act.

“SEC. 5. The Director of the Museum, hereinafter referred
to as the Director, shall undertake a census of the important cultural
properties of the Philippines, keep a record of their ownership,
location, and condition, and maintain an up-to-date register of the
same. Private collectors and owners of important cultural properties and
public and private schools in possession of these items shall be
required to register their collections with the Museum when required by
the Director and to report to the same office when required by the
Director any new acquisitions, sales, or transfers thereof.

“SEC. 6. The Director is authorized to convene panels of
experts, as often as the need for their services may arise, each to be
composed of three competent men in the specialized fields of
anthropology, natural sciences, history and archives, fine arts,
philately and numismatics, and shrines and monuments, etc. Each panel
shall, after careful study and deliberation, decide which among the
cultural properties in their field of specialization shall be designated
as ‘National Cultural Treasures’ or ‘Important Cultural Properties.’
The Director is further authorized to convene panels of experts to
declassify designated ‘National Cultural Treasures.’

“The Director shall within ten (10) days of such action by the
panel transmit their decision and cause the designation-list to be
published in at least two (2) newspapers of general circulation. The
same procedure shall be followed in the declassification of important
cultural properties and national cultural treasures.

“SEC. 7. In the designation of a particular cultural
property as a ‘national cultural treasure/ the following procedure shall
be observed:

“a. Before the actual designation, the owner, if the property
is privately owned, shall be notified at least fifteen (15) days prior
to the intended designation, and he shall be invited to attend the
deliberation, and given a chance to be heard. Failure on the part of the
owner to attend the deliberation shall not bar the panel to render its
decision. Decision shall be given by the panel within a week after its
deliberation. In the event that the owner desires to seek
reconsideration of the designation made by the panel, he may do so
within thirty (30) days from the date that the decision has been
rendered. If no request for reconsideration is filed after this period,
the designation is then considered final and executory. Any request for
reconsideration filed within thirty (30) days and subsequently again
denied by the panel, may be further appealed to another panel
chairmanned by the Secretary of Education, with two (2) experts as
members appointed by the Secretary of Education. Their decision shall be
final and binding.
“b. Within each kind or class of objects, only the rare and unique
objects may be designated as ‘National Cultural Treasures.’ The
remainder, if any, shall be treated as cultural property.
“c. Designated ‘National Cultural Treasures’ shall be marked, described,
and photographed by the National Museum. The owner retains possession
of the same but the Museum shall keep a record containing such
information as: name of article, owner, period, source, location,
condition, description, photograph, identifying marks, approximate
value, and other pertinent data.

“SEC. 8. National Cultural Treasures shall not change
ownership, except by inheritance or sale approved by the Director of the
National Museum, without the prior notification to and notations made
by the Museum in the records. They may not be taken out of the country
for reasons of inheritance. Where there is no heir, National Cultural
Treasures shall revert to the National Museum or to any other state
museum.

“SEC. 9. National Cultural Treasures may be taken out of
the country only with written permit from the Director of the National
Museum, and only for the purpose of exchange programs or for scientific
scrutiny, but shall be returned immediately after such exhibition or
study: Provided, That the Director of the National Museum shall
require that the cultural treasures be adequately insured against loss
or damage by the owners thereof, and shall be properly accompanied by a
duly authorized representative of the National Museum and/or protected.

“SEC. 10. It shall be unlawful to export or to cause to
be taken out of the Philippines any of the cultural properties defined
in Section three of this Act, without previous registration of the
objects with the National Museum and a written permit from the Director
of the National Museum: Provided, however, That in the granting
or the withholding of the permit, the provisions of Section seven of
this Act shall have been satisfied.

“SEC. 11. No cultural property may be imported without an
official certification of exportation from the country of origin.

“SEC. 12. It shall be unlawful to explore, excavate, or
make diggings on archaeological or historical sites for the purpose of
obtaining materials of cultural or historical value without the prior
written authority from the Director of the National Museum. No
excavation or diggings shall be permitted without the supervision of an
archaeologist certified as such by the Director of the National Museum,
or of such other person who, in the opinion of the Director, is
competent to supervise the work, and who shall, upon completion of the
project, deposit with the Museum a catalogue of all the materials found
thereon, and a description of the archaeological context in accordance
with accepted archaeological practices. When excavators shall strike
upon any buried cultural property, the excavation shall be suspended and
the matter reported immediately to the Director of the National Museum
who shall take the appropriate steps to have the discovery investigated
and to insure the proper and safe removal thereof, with the knowledge
and consent of the owner. The suspension shall not be lifted until the
Director of the National Museum shall so allow it.

“All exploration, excavation, or diggings on government and
private property for archaeological or historical purposes shall be
undertaken only by the National Museum, or any institution duly
authorized by the Director of the National Museum.

“SEC. 13. All restorations, reconstructions, and
preservations of government historical buildings, shrines, landmarks,
monuments, and sites, which have been designated as ‘National Cultural
Treasures,’ and ‘important cultural properties’ shall only be undertaken
with the written permission of the Director of the National Museum who
shall designate the supervision of the same.

“SEC. 14. Any
donation or support by private individuals or institutions to the
National Museum, and any investment for the purchase of cultural
properties registered with the National Museum or for the support of
scientific and cultural expeditions, explorations, or excavations when
so certified by the Director of the National Museum, shall be tax-exempt
and deductible from the income tax returns of the individual or
institution.

“Donations of National Cultural Treasures and important cultural
properties to the National Museum or any accredited institution for
preservation for posterity, or of any monetary contribution to the
National Museum or any accredited institution for the purchase of
National Cultural Treasures and important cultural properties shall also
be deductible from the income tax returns: Provided, That such
donations are duly acknowledged and receipted by the recipient and
certified by the Director of the National Museum.

“SEC. 15. Any cultural property for sale as allowed under
this Act should be registered with the National Museum and the proceeds
thereof shall be considered as income and therefore subject to
taxation: Provided, however, That the Government shall be given
the first option for three (3) months to buy these cultural properties
when placed on sale.

“SEC. 16. All dealers of cultural properties shall secure
a license as a dealer in cultural properties from the Director of the
National Museum.

“SEC. 17. All dealers engaged in the business of
exporting cultural properties shall secure a license as exporter of
cultural properties from the Director of the National Museum.

“SEC. 18. The Director of the National Museum is hereby
empowered to promulgate rules and regulations for the implementation of
the provisions of this Act, which rules and regulations shall be given
the widest publicity and also shall be given directly to known
collectors, excavators, archaeologists, dealers, exporters and others
affected by this Act. Such rules and regulations shall be approved by
the Secretary of Education.

“SEC. 19. The Museum may collect fees for registrations,
licenses, inspections, certifications, authorizations, and permits in
compliance with the provisions of this Act: Provided, That the
objects or materials attempted to be concealed from registration or
those intended to be exported in violation of this Act shall be
confiscated and forfeited to the Government: Provided, further,
That if the violation is committed by a juridical person, the manager,
representative, director, agent, or employee of said juridical person
responsible for the act shall be liable to the penalties provided
herein.

“SEC. 20. Penal Provisions. — Any violation of the
provisions of this Act shall, upon conviction, subject the offender to a
fine of not more than ten thousand pesos (P10,000) or imprisonment for a
term of not more than two (2) years or both upon the discretion of the
court: Provided, That objects or materials attempted to be
concealed from registration or those intended to be exported or
excavated in violation of this Act shall be summarily confiscated and
forfeited to the National Museum: Provided, further, That if
the violation is committed by a juridical person, the manager,
representative, director, agent or employee of said juridical person
responsible for the act shall also be liable to the penalties provided
herein.

“SEC. 21. There shall be created a division of cultural
properties in the National Museum clothed with adequate police power to
prosecute violators of this Act.

“SEC. 22. The sum of one hundred thousand pesos
(P100,000.00) is hereby appropriated annually out of any funds in the
National Treasury, not otherwise appropriated, to carry out the
provisions of this Act.”

SEC. 2. Any provisions of existing law, rules and
regulations inconsistent with the provisions of this Decree are hereby
repealed and modified accordingly.

SEC. 3. This Decree shall take effect fifteen (15) days
after publication in the Official Gazette.

Done in the City of Manila, this 10th day of January, in the year
of Our Lord, nineteen hundred and seventy-four.