SECTION 30. Anthropological Research and Archaeological Exploration/Excavation. –

(a)      The National Museum with respect to cultural/ archaeological/ anthropological matters, and the National historical Institute, with respect to historical anthropological matters, shall regulate and control all   anthropological research conducted by foreigners; and all archaeological excavation or exploration. Pursuant to the foregoing, the National Museums or the National Historical Institute shall deputize other agencies to protect archaeological and anthropological sites.  It shall be guided by the following rules:

(1)     All cultural property found in terrestrial and / or underwater archaeological sites belong to the State.

(2)     No terrestrial and/or underwater archaeological explorations and excavations for the purposes of obtaining materials and data of cultural value shall be undertaken without written authority and direct site supervision by archaeologists and/or representatives of the National Museum;

(3)     All anthropological researches, for the purpose of obtaining materials and data of cultural value and where the principal proponent is a foreign national shall be undertaken only with the authority, and under the supervision of the National Museum or the National Historical Institute. Anthropological research by Philippine nationals, especially members of the indigenous communities shall be encouraged;

(4)     Archaeological or anthropological materials presumed as important cultural property shall be allowed to leave the country only upon proper evaluation and written permission of the National Museum or the National Historical Institute;

(5)     All explorations and excavations undertaken wherein the caves, rock shelters and their vicinities may have been used in the prehistoric past by man either for habitation, religious and/or sacred and burial purposes all over the country, shall be under the direct jurisdiction and supervision of archaeologists and/or other experts of the National Museum;

(6)     All mining activities inside caves, rock shelters and any such other areas shall require a written permit and clearance from the National Museum. An appropriate prior inspection by representatives of the National Museum, funded by the company applying for a mining right, shall be required to ensure that no archaeological materials are present and, possibly, destroyed;

(7)     Excavations in caves, rock shelters and other areas by laymen are prohibited by this Act. All earth-moving activities in these areas must have the proper permit and clearance from the National Museum and monitored by their representatives;

(8)     All treasure hunting permits and licenses shall be issued by the National Museum, which shall formulate the rules and regulations to adequately control, regulate and monitor all applicants for such undertakings; and

(9)     The provisions of this Act on explorations and excavations of terrestrial and underwater archaeological sites shall supersede all local, municipal, regional and autonomous regional governments’ resolutions and ordinances.

(b)     When the presence of any cultural or historical property is discovered, the National Museum or the National Historical Institute shall immediately suspend all activities that will affect the site and shall immediately notify the local government unit having jurisdiction of the place where the discovery was made. The local government shall promptly adopt measures to protect and safeguard the integrity of the cultural property so discovered and within five (5) days from the discovery shall report the same to the appropriate agency. The suspension of these activities shall be lifted only upon the written authority of the National Museum or the National Historical Institute and only after the systematic recovery of the archaeological materials.

(c)      The Commission, upon the recommendation of the appropriate cultural agency, shall provide incentives for persons who discover and report heretofore unknown archaeological sites, in accordance with its rules and regulations implementing the provisions of this Act.

(d)     Any government or non-government infrastructure project or architectural site development shall include anthropological, archaeological, and historical and heritage site conservation concerns in their Environmental Impact Assessment System.

ARTICLE VIII

ROLE OF CULTURAL AGENCIES

SECTION 31. Responsibilities of Cultural Agencies for Designation of Cultural Property. - The cultural agencies, in conformity with their respective charters, shall define and delineate their respective areas of responsibility with respect to cultural property and assessment of National Cultural Treasures and national historical landmarks, sites or monuments. These areas shall be subject to periodic re-assessment whenever necessary.

For purposes of this Act, the following shall be the responsibilities of cultural agencies in the categorization of cultural property:

(a)    The Cultural Center of the Philippines shall be responsible for significant cultural property pertaining to the performing arts;

(b)   The National Archives of the Philippines shall be responsible for significant archival materials;

(c)    The National Library shall be responsible for rare and significant contemporary books, manuscripts such as, but not limited to, presidential papers, periodicals, newspapers, singly or in collection, and libraries and electronic records;

(d)   The National Historical Institute shall be responsible for significant movable and immovable cultural property that pertains to Philippine History; heroes and the conservation of historical artifacts

(e)    The National Museum shall be responsible for significant movable and immovable cultural and natural property pertaining to collections of Fine Arts, Archaeology, Anthropology, Botany, Geology, Zoology and Astronomy, including its conservation aspect; and

(f)    The Komisyon sa Wikang Filipino (KWF) shall be responsible for the dissemination, development, and the promotion of the Filipino national language and the conservation of ethnic languages;

SECTION 32. Institutional Linkages of the National Cultural Agencies. - The cultural agencies and other national government agencies, as listed below, shall consult, coordinate and work closely with the Commission in the implementation of their respective programs/projects in the context of this Act. Furthermore, the Commission may link up with other agencies and institutions, as it may deem appropriate, as a way of dealing with conservation on a holistic manner.

(a)      The Department of Tourism, and its attached agencies, which shall be responsible for cultural education among tourism services, and protection of cultural property supplemental to the jurisdiction of the cultural agencies as defined in this Act. The implementation and creation of a tourism master plan shall be consistent with this Act;

(b)     The Intramuros Administration which shall be responsible for the restoration and administration of the development in Intramuros;

(c)      The National Parks Development Committee as an attached agency of the Department of Tourism, which shall be responsible in supervising the development (beautification, preservation and maintenance) of Quezon Memorial, Fort Santiago, Luneta, Paco Park, Pook ni Maria Makiling and other national parks and satellite projects;

(d)     The Department of Education which shall be responsible in instituting the governance of basic education act, and the conservation and restoration of its built heritage such as the significant Gabaldon School buildings as determined by the National Historical Institute;  

(e)      The Department of Public Works and Highways which shall be responsible in undertaking major infrastructure projects specifically in the planning, design, construction, and maintenance of national roads and bridges as they impact on heritage structures or aspects of heritage conservation;

(f)      The National Commission on Indigenous Peoples in behalf of the country's indigenous cultural communities, which shall coordinate with the national agencies on matters pertaining to Cultural Property under its jurisdiction;

(g)     The Department of Environment and Natural Resources which shall be responsible for the establishment and management of the National Integrated Protected Areas System and the conservation of wildlife resources, including cave and cave resources and which shall coordinate with the National Commission on Indigenous peoples, the conservation of natural resources that are cultural sanctuaries of indigenous peoples;

(h)     The Department of the Interior and Local Government which shall coordinate with the national cultural agencies on matters pertaining to Cultural Properties under its jurisdiction, and ensure that the provisions of this Act is properly executed by the local government unit;

(i)       The Office of the Muslim Affairs which shall coordinate with the national cultural agencies on matters pertaining to Cultural Property under its jurisdiction;

(j)       The UNESCO National Commission of the Philippines which shall be responsible for providing the liaison between the cultural agencies of the Philippines and UNESCO as well as assist the national cultural agencies in implementing the agreements and conventions adopted by the UNESCO of which the Philippines has ratified or is in the process of ratification;

(k)     The Housing and Land Use Regulatory Board which shall coordinate with the local government units and the Commission on matters pertaining to the establishment and maintenance of Heritage Zones;

(l)       The Autonomous Regional Government in Muslim Mindanao and the Cordillera Administrative Region which shall coordinate with the national cultural Agencies on matters pertaining to Cultural Property under their respective jurisdictions; and,

(m)   The Office of the Special Envoy on Transnational Crimes which shall have the oversight and operational capacity to go after illicitly trafficked and stolen cultural treasures.

SECTION 33. Incorporation of Cultural Property Programs in Local Government Units Budgets. - The local government units are encourage to incorporate programs and budgets for the conservation and preservation of Cultural Property in their environmental, educational and cultural activities.

SECTION 34. Training Programs. - The Commission, in coordination with the appropriate cultural agencies shall provide general training programs on conservation to the local government units which have established cultural heritage programs and projects in their localities.

ARTICLE I X

CULTURAL PROPERTY INCENTIVES PROGRAM

SECTION 35. Tax Exemption on Donations. – All donations in any form to the Commission and its affiliated cultural agencies shall be exempt from the donor’s tax and the same shall be considered as allowable deduction form the gross income in the computation of the income tax of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended.

SECTION 36. National Heritage Resource Assistance Program. - The Commission may provide financial assistance in the form of a grant to historic, archaeological, architectural, artistic organizations for conservation or research on cultural property. No grant made pursuant to this Act shall be treated as taxable income.

SECTION 37. Awards and Citations. - To encourage preservation of the national heritage, the Commission shall establish an annual conservation recognition program under which monetary prizes, awards and citations will be given by the President of the Philippines, upon the recommendation of the Commission, for special achievements and important contributions and services in the area of heritage preservation and conservation efforts.

ARTICLE X

CULTURAL EDUCATION

SECTION 38. Incorporation of National Cultural Treasures and Important Cultural Property in the Basic Education System. - Within one (1) year from the effectivity of this Act, the Department of Education in coordination with the Commission’s Philippine Cultural Education Program shall formulate the cultural heritage education programs both for local and overseas Filipinos to be incorporated into the formal, alternative and informal education, with emphasis on the protection, conservation and preservation of cultural heritage property.

The Philippine Registry of Cultural Property shall likewise be incorporated into the formal, alternative, and informal education by the provincial and local governments.

SECTION 39. Cultural Heritage Education Program. - Within one (1) year from the effectivity of this Act, the Department of Education, the Technical Education and Skills Development Authority and the Commission on higher Education in consultation with the Commission shall set forth in its teaching programs nationwide the following cultural heritage education programs with emphasis at the provincial, city and municipal levels:

(a)      Protection, conservation and preservation of cultural heritage properties;

(b)     Instructional materials in prints, film and broadcast media on the cultural and historical significance of cultural properties; and

(c)      Visitation, public accessibility and information dissemination on designated local cultural properties.

SECTION 40. Public Accessibility. - Access to national historical landmarks, monuments and sites, whether designated as National Cultural Treasure, Important Cultural Property by the general public for visitation and information, and by government representatives for inspection, shall not be hindered except on reasonable cause. Fees, as prescribed by the cultural agency concerned, may in appropriate cases be charged to defray cost of conservation, inclusive of general maintenance and upkeep. In the case of privately owned monuments and sites, the National Historical Institute or the National Museum shall arrange with the owners the schedules of visits and regular inspection.

Continued in Part IV