ARTICLE XI

CULTURAL HERITAGE WORKERS' INCENTIVES PROGRAM

SECTION 41. Cultural Heritage Workers' Incentives. - The national cultural agencies, in coordination with the Commission on Higher Education shall initiate scholarships, educational training programs, and other measures to protect the well being of curators, conservators, authenticators and valuators/appraisers of cultural property. Such cultural workers shall be given grants, incentives and scholarships upon the endorsement by the head of the appropriate cultural agency.

(a)    Program for Cultural Heritage Workers. Within ninety (90) days from the effectivity of this Act, the Commission through the cultural agencies concerned shall come up with the following:

1)  An active Roster of Authenticators and Valuators/Appraisers;

2) An education and training plan for conservators, authenticators, valuators/appraisers, and other conservation related workers; and

3) A general training plan on conservation for local government units.

(b)   Application of Scientific Career Merit System. Cultural heritage workers in the Civil Service with a Doctorate, Master of Science, or Master of Arts Degree in fields related to cultural heritage promotion and conservation, shall be given the rank and benefits of Scientists, subject to qualifying standards equivalent to those prescribed in the scientific career merit system of the government.

A cultural heritage worker involved in science and technology in the government agencies shall be eligible for the benefits under Republic Act 8439 or the Magna Carta for Scientists, Engineers, Researchers and other S&T Personnel in Government. The Commission shall likewise establish a merit award system for non-civil service cultural heritage workers.

ARTICLE XII

SENTRO RIZAL

SECTION 42. Creation of Sentro Rizal.  – There is hereby created and established a Sentro Rizal whose main purpose is the promotion of Philippine arts, culture and language throughout the world.

SECTION 43.  Overseas Branches or Offices of Sentro Rizal.  –Sentro Rizal shall have branches or offices in countries where there are children of overseas Filipino workers who need to be educated about their roots, as well as developed countries where there are large Filipino communities.

The office or branch shall be repository, inter alia, of the following materials on Philippine art, culture and language: books, digital video discs, compact discs, films, magazines, artworks, tourism promotion materials, information materials, etc.  all these shall be made available to the public both Filipino and foreign.

SECTION 44.  Coordination and Supervision with Philippine Schools.  – The Sentro Rizal shall coordinate and supervise the Philippine Schools for Filipino children overseas.

SECTION 45.  Services Offered. –The Sentro Rizal shall offer Filipino language courses for children and adults, as well as exhibits, small concerts, poetry reading, Philippine cuisine lessons in all Sentro Rizal branches.

SECTION 46.  Provision of Tourism, Trade and Investment Materials to the Sentro Rizal.  – The Department of Tourism, as well as the Department of Education, National Commission for Culture and the Arts, Commission on Higher Education, National Historical Institute, National Archives, National Library, and the Cultural Center of the Philippines, shall provide tourism promotion materials to the Sentro Rizal overseas branches. In the same manner, the Department of Trade and Industry will also provide trade and investments materials.

SECTION 47.  Appropriation.  -  The amount of One hundred million pesos (P100,000,000.00) necessary to carry out the provisions of this article shall be appropriated immediately to be generated from whatever source that are available in the National Treasury.

ARTICLE XIII

PENAL PROVISIONS

SECTION 48. Prohibited Acts. - To the extent that the offense is not punishable by a higher punishment under another provision of law, violations of this Act may be made by whoever intentionally:

(a)      Destroys, demolishes, mutilates or damages any world heritage site national cultural treasures important cultural property, and archaeological and anthropological sites;

(b)     Modifies, alters, or destroys the original features of or undertakes construction or real state development in any national shrine, monument, landmark and other historic edifices and structures, declared, classified, and marked by the National Historical Institute as such, without the prior written permission from the Commission. This includes the designated security or buffer zone, extending five (5) meters from the visible perimeter of the monument or site;

(c)      Explores, excavates or undertakes diggings for the purpose of obtaining   materials of cultural historical value without prior written authority from the National Museum. No excavation or diggings shall be permitted without the supervision of a certified archaeologist;

(d)     Appropriates excavation finds contrary to the provisions of the New Civil Code and other pertinent laws;

(e)      Imports, sells, distributes, procures, acquires, or exports cultural property stolen, or otherwise lost against the will of the lawful owner;

(f)      Illicitly exports cultural property listed in the Philippine Registry of Cultural Property or those that may be categorized as such upon visitation or incorrectly declares the same during transit; and,

(g)     Deals in cultural property without proper registration and license issued by the cultural agency concerned.

SECTION 49. Penal Provisions. - Upon conviction, the offender shall be subject to a fine of not less than Two Hundred Thousand Pesos (P200,000.00) or imprisonment for a term of not less than ten (10) years, or both upon the discretion of the Court: Provided, That any cultural property attempted to be concealed from registration or those intended to be encumbered or excavated in violation of this Act shall be summarily confiscated and forfeited in favor of the Commission: Provided further, That if the violation is committed by a juridical person, the president, manager, representative, director, agent or employee of said juridical person responsible for the act shall also be liable for the penalties provided herein: Provided furthermore, That if the acts are committed by dealers, they shall suffer, in addition to the penalties provide herein, the automatic revocation of their license to operate: Provided finally, That if the offender is an alien, he shall be placed under the custody of the Bureau of Immigration for the appropriate proceedings under this Act, and shall be summarily deported after serving his/her sentence.

Heads of departments, commissions, bureaus, agencies or offices, officers and/or agents found to have intentionally failed to perform their required duty as prescribed by the deputization order under Section  28 of this Act shall be liable for nonfeasance and shall be penalized in accordance with applicable laws.

If the offense involves the non-registration of a cultural property such as those referred to in Section 14, and the non-registration occurs upon or after proper notification by the Commission or the cultural agency concerned, the offender shall be subject to a fine of not less than ten thousand pesos (P10,000.00) but not more than one hundred thousand pesos (P100,000).

The concerned head of agency, officer and/or employee of the government entities mentioned in Section 31 shall be held liable for failure to consult and coordinate with the Commission for the damage to the cultural property resulting from the implementation of the entity’s program/project, and shall be meted the penalty mentioned in the first paragraph of this section:  Provided, That the offender/s shall likewise be asked to pay for the repair or rebuilding of what has been damaged.

ARTICLE XIV

ENDOWMENT

SECTION 50.  National Endowment for Culture and the Arts. – The sum of Five hundred million pesos (P500,000,000.00) shall be contributed by the Philippine Amusement and Gaming Corporation (PAGCOR) and/or General Appropriations at the minimum rate of One hundred million pesos (P100,000,000.00) per year for five years, towards the establishment of a National Endowment for Culture and the Arts. Said amount shall be kept separate and deposited in a special account in the Bureau of Treasury specifically earmarked for culture and the arts.

ARTICLE XV

FINAL PROVISIONS

SECTION 51.    Implementing Rules and Regulations. – The Commission, in consultation with other government agencies mentioned in this Act, shall promulgate the implementing rules and regulations within ninety (90) days after the effectivity of this Act.

SECTION 52.    Repealing Clause. – Pertinent provisions of Republic Act No. 7356, the “Law Creating the National Commission for Culture and the Arts”; Republic Act No. 8492, the “National Museum Act of 1998”; Republic Act No. 9072, the “National Caves and Cave Resources Management and Protection Act”; and Republic Act No. 7942, the “Philippine Mining Act of 1995”; and all other laws, presidential decrees, executive orders and rules and regulations inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 53.    Separability Clause. – Any portion or provision of this Act that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long as such remaining provisions can still subsist  and be given effect.

SECTION 54.    Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3014 and House Bill No. 6733 was finally passed by the Senate and the House of Representatives on December 14, 2009 and December 16, 2009, respectively.

Approved:                             March 26, 2010

GLORIA MACAPAGAL-ARROYO

President of the Philippines

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