IRR 11961 2025

These Revised Implementing Rules and Regulations (RIRR) shall be known as the “2024 Implementing Rules and Regulations of the National Cultural Heritage Act, Republic Act (R.A.) No. 10066, as amended by R.A. No. 11961,” hereinafter referred to as the Rules.

These Rules are promulgated for the implementation of R.A. No. 10066, as amended, in order to facilitate compliance therewith and to achieve the objectives thereof.

These Rules shall be construed and applied in accordance with, and in furtherance of, the policies and objectives of the Act.

In case of conflict in the text and interpretation of various laws on cultural heritage, unless otherwise provided by these Rules, the interpretation consistent with the provisions of R.A. No. 11961 and these Rules shall be applied, in a manner that enhances the conservation of the cultural heritage of the Philippines.

The provisions of these Rules, insofar as practicable, shall also be used to guide the interpretation and implementation of existing and future laws of local application and local ordinances that pertain to cultural heritage.

In case of conflict or ambiguity, which may arise in the implementation of these Rules, the National Commission for Culture and the Arts (NCCA), hereinafter referred to as the Commission, shall issue the necessary clarification. In case of doubt, the same shall be construed liberally and in favor of the Constitutional directives to foster preservation, enrichment and dynamic evolution of a Filipino culture.

These Rules seek to harmonize and rationalize the implementation of various laws, regulations and agreements insofar as they relate to cultural heritage, namely:

These Rules implement the mandate of the NCCA under Section 51 of RA 10066, as amended, and in relation to Section 8 of RA 7356.

RULE II DECLARATION OF POLICIES, PRINCIPLES, AND OBJECTIVES

In line with the Constitution, the following policies shall guide these Rules:

Consistent with Republic Act No. 7356, in pursuit of cultural preservation as a strategy for maintaining Filipino identity, these rules shall pursue the following objectives:

RULE III DEFINITION OF TERMS

For purposes of these Rules, the following terms shall be defined as follows:

In the designation and management of cultural property, the following national and international charters, documents, and recommendations may serve as guidelines, as relevant to the property being conserved:

RULE IV CULTURAL PROPERTY AND NATURAL PROPERTY OF CULTURAL SIGNIFICANCE

The cultural property and natural property of cultural significance of the country whether owned publicly or privately, movable or immovable, and tangible or intangible shall be categorized as follows:

The cultural properties listed above shall be under the jurisdiction of the following government agencies that shall determine the rationale for each grade level in accordance with their respective mandates stated in the Act and all other existing and applicable laws:

Section 11.3. Historic Objects. - Pursuant to the Act, the NHCP may declare historic objects as National Cultural Treasures or Important Cultural Properties for them to be included in the Registry. Section 11.3.1 Vintage Vehicles Having Historical Significance. - Vintage vehicles, as covered by R.A. No. 11698, otherwise known as Vintage Vehicle Regulation Act, shall not be automatically included in the Registry unless they have historical significance to the country. Pursuant to Rule V, Section 2 of the IRR of R.A. No. 11698, the following vintage vehicles shall be considered as having historical significance to the country:

For purposes of protecting a cultural property against exportation, modification or demolition, the following works shall be considered Important Cultural Property:

The Commission, together with either the NMP or the NHCP, shall closely collaborate with the UNESCO National Commission of the Philippines (UNACOM) in ensuring the conservation and management of cultural World Heritage sites (WHS) in the Philippines. The DENR Biodiversity Management Bureau (BMB) shall closely collaborate with the UNACOM in ensuring the conservation and management of natural WHS. The Commission, DENR BMB, and UNACOM shall closely collaborate with each other in ensuring the conservation and management of mixed WHS.

R.A. No. 11194, otherwise known as the Gabaldon School Buildings Conservation Act, and its IRR, created specific provisions for Gabaldon school buildings. Pursuant to the IRR of R.A. No. 11194, Gabaldon school buildings shall include:

The Bangsamoro Government shall preserve the history, culture, arts traditions, and the rich cultural heritage of the Bangsamoro people and their Sultanates, such as those of Sulu, Maguindanao, Kabuntalan, Buayan, the Royal House of Ranao and of the Iranum, and the non-Moro Indigenous peoples of the BARMM.

Heritage Trees shall be designated by the DENR and/or its agencies and regional offices because it forms part of the countrys natural heritage and as such, possess cultural significance, or by the NHCP or any of its predecessor agencies because of a trees historical significance. Heritage Trees are recognized as Grade II Level properties in the Act and these Rules.

All works of Filipino masters are automatically Grade 2 Level unless specific works or the entire body of work of a specific artist are otherwise declared by the Commission or the NMP. The Commission shall publish a core list of Filipino masters approved by board resolution that shall be periodically reviewed and updated, which shall form part of these Rules as Annex 4.

Republic Act No. 7160, otherwise known as the Local Government Code of 1991, particularly Section 16 thereof, mandates that local government units ensure and support the preservation and enrichment of culture and to preserve the comfort and convenience of their inhabitants. LGUs may declare and protect cultural properties of local significance by enacting the appropriate local ordinances subject to the guidelines on LGU declarations to be issued by the Commission, which shall form part of these Rules as Annex 5.

All declared Grade I or Grade II Level cultural properties, whether publicly- or privately-owned, shall be entitled to the following privileges subject to the availability of funds, the processes and existing policies of the appropriate cultural agency, and Heritage Agreements where necessary:

All cultural properties and natural properties of cultural significance shall be registered in the Philippine Registry of Heritage (PREH), which shall also now be known as the Talapamana ng Pilipinas. The Commission, in coordination with the appropriate cultural agencies, DepEd, UNACOM, DENR BMB, BCPCH, LGUs, and other government entities, shall establish and maintain this Registry.

All government agencies concerned shall individually maintain and come up with an inventory, evaluation, and documentation of all Grade I, II, and III Level cultural properties and natural properties of cultural significance they have declared and shall submit the same to the Commission for inclusion in the Registry.

The Commission shall immediately determine the appropriate data management platform to ensure proper data management, and data discovery and visualization in the Registry. This shall include a data management system to manage, define and structure data; and discovery and visualization tools to search, report and visualize data, including geospatial data. The Commission shall operate the Registry in the NCCA portal cultural databank.

For declared Grade I or Grade II Level cultural properties, the appropriate cultural agency shall, after registration, give a copy of the said declaration to the Registry of Deeds having jurisdiction over the said property, for annotation on the Certificate of Title covering said Grade I or Grade II Level immovable cultural property.

The cultural agencies and LGUs concerned shall continuously coordinate in monitoring and updating their respective inventories of cultural property and of natural properties of cultural significance. The Commission shall provide LGUs with technical and financial assistance for the inventory and updating of locally and nationally declared cultural properties and natural properties of cultural significance and tangible and intangible heritage subject to availability of funds and existing government accounting and auditing rules and regulations;

Information regarding private ownership of registered cultural properties and natural properties of cultural significance shall remain confidential in accordance with Republic Act No. 10173 or 'The Data Privacy Act of 2012 and may be given only upon prior consent of the private owner.

RULE VI HERITAGE ZONES/DISTRICTS

The Commission and the NHCP shall, in consultation with the Department of Human Settlements and Urban Development (DHSUD) and concerned LGUs and agencies, designate Heritage Zones to protect the historical and cultural integrity of a geographical area.

The Commission and the NHCP, in consultation with DHSUD, shall promulgate guidelines on the declaration and management of heritage zones, which shall form part of these Rules as Annex 11. Heritage Zones shall have core zones and buffer zones. The allowable activities in core and buffer zones shall be outlined in the said guidelines.

The said joint guidelines shall adopt standards and regulations that reflect the latest national and international guidelines and principles and be promulgated within one (1) year from the approval of these Rules. Until such are promulgated, the "Guidelines, Policies and Standards for the Conservation and Development of Historic Centers/Heritage Zones" of the NHCP may be used.

A Heritage Zone shall be maintained by the local government unit concerned, in close coordination with the appropriate cultural agency. The city or municipal LGU having jurisdiction over a Grade II Level declared Heritage Zone shall have the following guidelines:

Heritage Zones established by national legislation shall, insofar as practicable, adhere to and apply this IRR in the process of planning, managing, and conserving said Heritage Zones.

RULE VII DECLARATION, DELISTING AND REMOVAL OF PRESUMPTION

Procedure for Declaration or Delisting of Cultural Properties Categorized as Grade I and Grade II Level and Removal of Presumption of Cultural Properties as Important Cultural Property. - Under this Rule, the act of a cultural agency to:

To harmonize the implementation of Sections 5 and 8 of RA 11961 as regards to the processes of Actions, and to properly coordinate the roles of the Commission, the relevant cultural agencies, and stakeholders, particularly emphasizing the role of the public as provided under the Charter of the Commission, the procedure for Actions, shall be as follows:

Aside from the Commission, other cultural agencies, including the NHCP, NLP, NAP, CCP, and KWF, shall promulgate standards and guidelines for Actions under their jurisdiction, which shall form part of these Rules as Annexes 12 to 17. These guidelines shall be used when the Commission refers a Petition to the cultural agency for their consideration and appropriate action.

In cases of cultural properties with multiple designations, the act of delisting by one agency in relation to a specific designation under its jurisdiction, does not automatically result in the delisting by another agency under the latters own jurisdiction. In all cases, the act of delisting by any agency in relation to its own jurisdiction must comply with the provisions of Section 30.3.

Cultural Properties Declared or Designated by International Conventions and Agreements, Law and/or Executive Issuance. - Cultural Properties declared or designated by international conventions and agreements, law, and/or executive issuances may not be delisted except by a decision of the intergovernmental organization managing the convention, and/or a specific law or executive issuance revoking or amending the declaration.

The Commission shall only charge a fee for petitions to delist a cultural property or to remove a presumption. Petitions for declaration shall be exempt from fees and other charges.

RULE VIII CONSERVATION OF CULTURAL PROPERTY

Pursuant to the mandate of the Commission in Section 12 of R.A. 7356 to conserve and promote the nation's historical and cultural heritage, it shall:

When determining the significance of heritage sites and spaces, and their associated environments, specific criteria should be determined. Policies, activities, and interventions of any conservation program should be based on the significance of heritage sites and spaces, and their associated environments, as well as all relevant meanings ascribed to them.

All intervention works, including modification or demolition, and measures on conservation for cultural properties categorized as Grade I or Grade II Level shall be undertaken only upon prior approval of the Commission and/or the appropriate cultural agency which shall supervise the same, except as provided under Heritage Agreements in Section 43 below. The cultural agencies are duty bound to object to any government or private projects that will negatively impact Grade I and II Level cultural properties within their jurisdictions.

2.1. International Conservation Standards. - The relevant guidelines and principles are identified in Section 10 above. Section 35.2.2. National Conservation Standards. - Until new regulations are adopted that reflect such standards, the issuances of cultural agencies on conservation standards shall continue to be in force and effect. The new regulations shall form part of these Rules as Annex 19. The Philippine Heritage Charter in Annex 20 shall also be in use. Section 35.2.3. Use of Regulated Materials for Conservation. - The Commission shall coordinate and may enter into agreements with the DENR and/or appropriate agencies for the use of regulated materials if the said materials are required for conservation. These agreements shall form part of these Rules. Pursuant to the IRR of R.A. No. 11194 on the conservation of Gabaldon school buildings, the DENR shall also:

All government agencies and instrumentalities, government-owned and/or -controlled corporations (GOCCs) and their subsidiaries, including public educational institutions, and LGUs shall coordinate with the Commission for any government project or permit potentially affecting the integrity of any Grade I or II Level cultural property.

When a project includes cultural heritage implications and hazards, the implementing agency should employ and retain competent and experienced specialists to assist with the assessment. Plans for any government project, including design and additional construction, affecting the integrity of any Grade I or II Level cultural property, must be submitted to the Commission for comment. The Commission shall inform the project proponent within sixty (60) days if the project, or any component of the project, is potentially in violation of R.A. No. 10066 and/or other cultural laws. The project proponent shall coordinate with the Commission to adjust plans in order to avoid the said violations, if any. All undersecretaries, assistant secretaries, regional directors, project directors, and district engineers of the DPWH shall consult and coordinate with the Commission on any plan, including design and additional construction affecting Grade I or II Level cultural properties. Further, the same are enjoined, to every extent possible, to avoid affecting Grade I and II Level cultural properties (DPWH Memo No. 097-7-110514). Section 36.1.1. Responses to Significant Archaeological Sites. - Pursuant to Section 6.6.5.4 of the DPWH SEMS, if the designated archaeologist and anthropologist determines that the cultural heritage site is a very significant archaeological site, as long as there are no skeletal remains, the designated archaeologist and anthropologist shall decide the necessary response in cooperation with the implementing agency. The following management alternatives will be considered:

If this is the best choice but is likely to result in some site damage (e.g., during the process of covering the site area with a fill), it may be paired with limited salvage excavation.

The WHS shall be subject to the highest standards of conservation and management prescribed by the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage (World Heritage Convention), its Operational Guidelines, and the World Heritage Committee, to ensure the safeguarding and sustainability of their Outstanding Universal Value (OUV) over time. In no manner shall the OUV, and the integrity and authenticity of the WHS be allowed to be compromised.

The DepEd, in consultation with the Commission, NHCP, and NMP, shall implement a program for the identification and conservation of all Gabaldon school buildings nationwide. Unless its provisions are in conflict with the Act, the IRR of R.A. No. 11194 shall be in use for the implementation of this Section.

The NHCP, through Resolution No. 7, s. 2018 declared all Spanish and American colonial period plazas and public squares as National Historic Sites for their preservation and protection, and are thus Grade II Level cultural properties according to the Act and these Rules.

These plazas and public squares continue to serve as open spaces for people to congregate and participate in public activities that made an impact in the history of towns and cities. Historic open spaces serve as greeneries, gardens, and breathing spaces for the community amidst current environmental and public health issues like global warming, urban pollution, and pandemics.

These plazas and public squares should also be kept as open spaces to be used as evacuation areas in case of hazards such as earthquakes and fires.

Heritage Houses should be well-maintained and in good condition. They should not be allowed to deteriorate.

In case the house and the property are sold, the government shall be given the first priority of purchase.

When the new owner assumes possession of the house and property, responsibilities are passed on to him. Section 40.3. Update of NHCP Guidelines. - The NHCP, in consultation with the Commission, shall adopt standards and regulations that reflect the latest national and international guidelines and principles within one (1) year from the approval of these Rules, which shall be made part of these Rules as Annex 28. Until such standards and regulations are adopted, the Guidelines on the Declaration of Heritage Houses (2010) shall be in use.

Pursuant to NHCP Resolution No. 3 s. 1991, all colonial churches and other houses of worship in the Philippines, including ruins, regardless of their religious denominations, which were built prior to and in 1940, are Classified Historic Structures. The Commission and/or NHCP may enter into agreements with the religious authorities for their preservation and management, which shall be made part of these Rules.

The National Government shall transfer the management of Bangsamoro historical and cultural sites currently under the jurisdiction of the Commission, NMP, NHCP, and other agencies of the National Government to the BCPCH through intergovernmental relations mechanisms.

The Commission, with advice of the concerned cultural agency, may enter into agreements with private owners of cultural properties with regard to the preservation of said properties.

The Heritage Agreement must clearly state the nature and extent of a sites cultural significance, and the relationship between such significance and the restrictions imposed on the property. It must also state the scope of uses or activities that may be allowed on the property, as well as the extent that the property owner may undertake repairs, modifications, among others. Such agreement shall be in the form of a contract and may include such terms and conditions including, but not limited to:

Immovable Grade I and II Level cultural properties shall not be relocated, rebuilt, defaced or otherwise changed in a manner, which would destroy the property's dignity and authenticity, except to save such property from destruction due to natural causes. The properties referred to in this provision may only be moved after securing a permit from the Commission and/or appropriate cultural agency.

The Commission and/or appropriate cultural agency, in consultation with the National Commission on Indigenous Peoples (NCIP), shall establish a program and promulgate regulations to assist indigenous people in preserving their particular cultural and historical properties, which shall be made part of these Rules as Annex 29.

The Commission and/or the appropriate cultural agency shall promulgate guidelines for the conservation of movable heritage under their jurisdiction, which shall be made part of these Rules as Annex 30.

The Commission and/or the appropriate cultural agency shall monitor and administer the safeguarding of ICH and promulgate guidelines for the monitoring and safeguarding of intangible cultural heritage and its material recordings, which shall be made part of these Rules as Annex 31.

The NMP shall have the authority to collect, maintain and develop the national reference collections of Philippine flora and fauna, rocks and minerals through research and field collection of specimens including Important Cultural Property within the territorial jurisdiction of the Philippines. It shall be exempt from any and all permit systems regulating the same.

Historic place names, such as but not limited to geographic names, streets, parks, buildings, shrines, landmarks, monuments, sites, and other public spaces shall not be allowed to be renamed by a local legislation, unless approved by the NHCP, and only after due hearing on the matter. Furthermore, for changes of names done to historic place names prior to the effectivity of the Act, the NHCP may direct the LGUs to restore their original names after due hearing.

The appropriate cultural agency shall be given the right of first refusal in the purchase of cultural property declared as Grade I and II Level national cultural properties. Prior to the finality of the sale, the appropriate cultural agency may likewise match any offer made for the purchase of national cultural property.

All dealers of cultural properties shall secure a license to operate as such from the Commission. The Commission shall continue the licensing of dealers of cultural properties which includes galleries and auction houses and or their agents, as well as the renewal of their licenses pursuant to the existing rules and regulations. The Commission shall coordinate with the Professional Regulatory Commission (PRC) to implement this mandate in relation to the various real estate professions.

All dealers of cultural properties and/or their agents shall also secure a license from the Commission in accordance with the existing policies of the Commission. Members of National Committees who are dealers themselves shall inhibit themselves from any proceedings or decisions on the issuance of licenses for dealers.

The Commission may charge and collect fees for the licenses, inspections, certifications, authorization and permits that they issue and undertake in connection with the implementation of these rules and regulations. The Commission may also forge agreements and partnerships with government agencies and other institutions in order to enhance the implementation of this specific section of the implementing rules and regulations.

The Commission, working closely with the Bureau of Internal Revenue, will devise a tax incentive program in compliance with existing laws,in the form of tax rebates or deductions, aimed at motivating dealers and agents to obtain a license from the Commission. Until it is updated, the 'Guidelines Governing the Licensing of Dealers of Cultural Property in the Philippines in Annex 33 shall be in use.

No Grade I or II Level cultural property shall be sold, resold, or taken out of the country without first securing a clearance from the Commission.

In case a Grade I or II Level cultural property shall be taken out of the country, it shall solely be for the purpose of scientific scrutiny, exhibition, repair, visual arts cleaning, and/or restoration.

Whoever desires to export regulated cultural property shall register the object in the Registry and shall adhere to the following requirements:

The 'Guidelines Governing the Export of Cultural Properties from the Philippines can be found in Annex 35 of these Rules. The 'Policy on Removing the Presumption of Important Cultural Property on the Works of National Artist for Visual Arts for the Issuance of a Permanent Export Permit can be found in Annex 36 of these Rules.

Should the cultural property registered in the Registry be illicitly exported from the country, the Department of Foreign Affairs shall, upon the recommendation of the appropriate cultural agency, claim the right of repatriation vis- -vis all other contracting States. Any compensation and costs shall be carried by the Philippine government subject to reimbursement and liability by the person who caused the illegal importation.

When the physical integrity of the declared cultural properties categorized as Grade I or II Level, including presumed Important Cultural Property, found to be in danger of destruction or significant alteration from its original state, the Commission and/or appropriate cultural agency shall immediately issue a Cease-andDesist Order (CDO) suspending all activities that will affect the cultural property. The LGU which has jurisdiction over the site where the immovable cultural property is located, shall report the same to the appropriate cultural agency immediately upon discovery and shall promptly adopt measures to secure the integrity of such immovable cultural property. Thereafter, the appropriate cultural agency shall give notice to the owner or occupant of the cultural property and conduct a hearing on the propriety of the issuance of the CDO. The suspension of the activities shall be lifted only upon the written authority of the appropriate cultural agency after due notice and hearing involving interested parties and stakeholders.

When a privately-owned cultural property cannot be maintained by the owner or has fallen into disrepair through neglect to such an extent that it will lose its potential for conservation, the Commission, through the appropriate cultural agency, may serve on the owner or occupant of such property, an order to repair or maintain such site. If the owner fails to comply with said order within thirty (30) to forty-five (45) days, repairs may be undertaken by the appropriate cultural agency for the account of the owner.

The cultural agencies concerned, through the Commission, are hereby given the power to inspect Grade I or II Level cultural properties whether public or private at any time to ensure the protection and integrity of such. Provided that, in the case of privatelyowned cultural properties, prior written consent of the owner shall be obtained.

The cultural agencies concerned, as well as the Commission, shall have the power to deputize the Philippine National Police, the National Bureau of Investigation, the Armed Forces of the Philippines, the Philippine Coast Guard, and other local or national law enforcement agencies; including the Bureau of Fisheries' agents, the Department of the Environment and Natural Resources' rangers, the Bureau of Customs and Immigrations agents, members of the Office of the Special Envoy on Transnational Crimes and other such agencies and their successors in interest, to enforce the provisions of the Act and its implementing rules and regulations. The said agencies shall immediately detail their respective personnel to protect the cultural items under the Registry.

Failure to follow deputization order of the concerned cultural agency as well as the Commission shall be penalized in accordance with the provisions of the Act.

The Commission is empowered to recover or retrieve cultural properties which are under the custody of foreign nationals or entities and to bring these properties back to Philippine custody.

The Commission shall, in consultation with concerned stakeholders, promulgate guidelines to facilitate the return of cultural properties under the custody of foreign nationals or entities back to Philippine custody. The said guidelines shall form part of these Rules as Annex 37.

This section shall cover anthropological research and archaeological exploration or excavation.

Provided however, the archaeological project of any institution shall be subject to Permit System being imposed by the Commission and shall be subject to inspection and monitoring at any time by an authorized representative of Commission.

When the area has no archaeological significance, the Commission shall issue a clearance which is a prerequisite requirement before the issuance of mining permit;

The cultural agencies, in accordance with their respective charters and mandates, shall define and delineate their respective areas of responsibility with respect to cultural mapping and the designation and registration of cultural properties.

The LGUs are encouraged to incorporate programs and budgets for the conservation and preservation of cultural property in their environmental, educational, and cultural activities. The Commission may provide expert advice in the conduct of the LGUs cultural activities.

The Commission, in coordination with the appropriate cultural agencies shall provide general training and capacity building programs on conservation and heritage management to the LGUs which have established cultural heritage programs and projects in their localities. Training opportunities will be opened to stakeholders in several iterations within a year.

Provincial, city, and municipal LGUs are hereby mandated to conduct a comprehensive cultural mapping of their areas of jurisdiction. They shall mobilize and establish partnerships with concerned government agencies to ensure the prompt and effective implementation of the provision of the Act. They may seek assistance from nongovernment organizations, cultural organizations, and academic and private institutions in undertaking cultural mapping activities: Provided, that said institutions adhere to the guidelines set forth by the Commission, which shall form part of these Rules as Annex 41. Data relevant to the Registry must be submitted for registration for purposes of research, regulation, planning, and policy-making of the Commission, among others. They may also designate the LCAC to provide oversight of its cultural mapping.

The results of cultural mapping projects shall be submitted to the Commission and copies thereof shall be furnished to the NAP and the communitys local archives for access and safekeeping. Component cities and municipalities are required to submit the results of their cultural mapping projects to the provincial LGUs.

LGUs shall coordinate with the Commission and with cultural organizations and agencies for the conduct of cultural mapping, including the following:

ICCs/IPs shall, in the exercise of their rights to self-governance, empowerment, and cultural integrity, have every right to conduct a comprehensive cultural mapping of their tangible and intangible heritage, whether or not located within their ancestral lands/domains. They may seek assistance from non-government organizations, cultural organizations, academic and private institutions in the undertaking of cultural mapping activities. ICCs/IPs shall coordinate with the agencies listed in Section 64 of these Rules in relation to their respective mandates. The NCIP and the Commission shall provide necessary regulations to govern these activities and shall support ICCs/IPs by providing necessary resources. The ICCs/IPs shall also have every right to determine whether their cultural map shall be entered in whole or in part into the Philippine Registry of Heritage.

Within sixty (60) days from the effectivity of these Rules, the Commission, Ministry of the Interior and Local Government, Ministry of Indigenous Peoples Affairs, and the BCPCH, in consultation with concerned stakeholders, shall promulgate joint guidelines to facilitate the conduct of cultural mapping within the BARMM, which shall form part of these Rules as Annex 43.

Pursuant to the mandate of the Commission in Section 12 of R.A. 7356, it shall:

The Department of Budget and Management (DBM) shall be consulted with regard to the organization, composition, and salary grades of the Division.

The initial staffing structure and complement of the Division shall be submitted by the Commission to the DBM for funding immediately after the effectivity of these Rules. Pending the creation of the approved plantilla positions, expansion, and reorganization, the Commission shall constitute an interim secretariat of the Division within sixty (60) days from the effectivity of these Rules through the detail of personnel from the Commission.

The officers and employees of the Division shall be determined in accordance with civil service laws, rules, and regulations. A Commission Order can be issued by the Commission to organize the division.

LGUs shall document traditional and contemporary arts and crafts, including their processes and makers, and sustain the sources of their raw materials. LGUs shall encourage and sustain traditional arts and crafts as active and viable sources of income for the community.

The Commission, DTI, DOT, and other government agencies involved directly or indirectly in the production of goods shall assist the LGUs in protecting their traditional and contemporary arts and crafts, making them viable for current and future markets, with a view to encouraging and promoting the unique heritage and identities of said communities.

The LGU concerned shall submit an annual inventory of these documentations to the Commission. Elements in the documentations declared by local ordinances shall be included in the Registry. Documentation of traditional arts shall be part of the cultural mapping output submitted by the LGU. Documentation of contemporary arts and all domains of creative industries shall form part of the supplementary modules created in partnership with the DTI. Outputs from this documentation will be separate from the basic cultural mapping output of the LGU.

RULE XV CULTURAL EDUCATION

Incorporation of National Cultural Treasures and Important Cultural Properties in the Basic Education System. - The DepEd, in coordination with the Commission, shall formulate, institutionalize, and mainstream 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 DepEd shall furnish the Commission with its programs for cultural heritage education.

Likewise, The Commission shall continuously furnish DepEd with the updated list of and/or materials related to NCTs and ICPs, among others. Furthermore, affiliated cultural agencies may, through the Commission, provide the DepEd with other educational materials on the protection, conservation, and preservation of cultural heritage property.

The Registry shall likewise be incorporated into the formal, alternative, and informal education by the provincial and local governments. The respective local school boards of local government units (LGUs) may coordinate with the Commission to facilitate the incorporation of the Registry in their local education system, which shall include the following:

Pursuant to the mandate of the Commission in Section 12 of R.A. 7356 to ensure the widest dissemination of artistic and cultural products among the greatest number across the country and overseas for their appreciation and enjoyment, it shall, with the cooperation of the DepEd, DOT, DILG, DFA, and all other concerned agencies, public and private:

The Commission shall, in cooperation with the DILG and the Civil Service Commission, formulate cultural heritage appreciation programs designed to build the capacity of government agencies and communities.

Access to National Historical Landmarks, Monuments and Sites, whether designated as National Cultural Treasure or 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 Commission or the NHCP shall arrange with the owners the schedules of visits and regular inspection.

Specimens shall be available for study by bona fide students, researchers and other interested persons under the supervision of authorized staff and following policies on the access to collection and data of the concerned agency. Published research data and relevant information shall be made available to the public.

RULE XVI SENTRO RIZAL

This Rule for the Sentro Rizal is promulgated pursuant to Sections 42 to 47 of R.A. No. 10066. It shall cover the general administration, management, operations, and functions of the Sentro Rizal, the participation of various government agencies, and appropriations.

This Rule for the Sentro Rizal shall be liberally constructed in order to carry the national policy of promoting Philippine culture primarily among overseas Filipinos, but may also be extended to interested nationals and residents of host countries.

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

The Commission and the DFA shall issue joint guidelines and procedures on the general administration, management, and operations of Sentro Rizal, which shall form part of these Rules as Annex 45. Until such guidelines and procedures are issued, the Commission shall continue to exercise its current functions.

Pursuant to Section 47 of R.A. No. 10066, the Sentro Rizal shall coordinate with the Department of Budget and Management (DBM) to ensure that the resources necessary to carry out the provisions of the Act shall be appropriated immediately, to be generated from whatever sources that are available in the National Treasury.

The Sentro Rizal shall establish offices or branches, collectively known as Sentros Rizal, in countries where there are children of overseas Filipino workers who need to be educated about their roots, as well as in developed countries where there are large Filipino communities. The Sentros Rizal may extend their programs to overseas Filipinos in general, as well as interested nationals and residents of host countries.

The overseas Sentros Rizal are to be located in Philippine foreign service posts or other designated spaces under the supervision or jurisdiction of the Philippine government.

The Sentros Rizal shall, among others, have the following functions:

The Commission and the other cultural agencies shall consult, coordinate, and work closely in the implementation of their respective programs and projects with the agencies listed below. Furthermore, the Commission may link up with other agencies and institutions, as it may deem appropriate, as a holistic approach to conservation:

RULE XVIII CULTURAL PROPERTY INCENTIVES PROGRAM

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 from 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, subject to the issuance of the appropriate rules and guidelines thereon by the Commission and Bureau of Internal Revenue (BIR), which shall be made part of these Rules as Annex 46.

LGUs are encouraged to enact local ordinances granting real estate tax incentives of up to zero percent assessment level to declared cultural properties.

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 the Act shall be treated as taxable income.

All Grade I Level properties shall be entitled to CMPs funded by the Commission and/or appropriate cultural agency subject to availability of funds and existing government accounting and auditing rules and regulations.

Funding and incentives for heritage preservation and other related activities are made available by various laws and issuances.

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.

Pursuant to the mandate of the Commission in Section 12 of R.A. 7356, it shall:

If, after due notice and hearing, the Commission finds that any provision of this Act, its implementing rules and regulations, or any of the Commissions order is violated, the Commission may impose any or all of the following sanctions, taking into consideration the extent of participation, nature, effects, frequency and seriousness of the violation:

Provided, that the imposition of an administrative fine shall be without prejudice to the filing of cases for continuing violations as set forth under Article XIII of the Act. The Commission shall promulgate rules of procedure for the implementation of this section that shall be included in these Rules as Annex 47.

RULE XXI APPEALS

Decisions of the attached cultural agencies of the Commission may be appealed to the Commission for final resolution. Section 90. Appeals to Decisions of the Commission. - Any party may, upon notice to the Board and the other party, appeal the decision of the Commission to the Office of the President within thirty (30) days from receipt thereof pursuant to and in accordance with Administrative Order no. 22, s. 2011. The Commission shall promulgate rules of procedure for the implementation of Section 89 and 90 that shall be included in these Rules as Annex 48.

RULE XXII PENAL PROVISIONS

To the extent that the offense is not punishable by a higher punishment under another provision of law, violations of the Act may be made by whoever intentionally:

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 the 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 the 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 provided herein, the automatic revocation of their license to operate: Provided, finally, That if the offender is an alien, he/she shall be placed under the custody of the Bureau of Immigration for the appropriate proceedings under the 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 31 of the Act shall be liable for nonfeasance and shall be penalized in accordance with applicable laws.

If the offense involves the nonregistration of a cultural property such as those referred to in Section 14 of the Act, and the nonregistration 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 (P100,000.00).

The concerned head of agency, officer and/or employee of the government entities mentioned in Section 34 of the Act 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 fy 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.

If such acts are also in violation of this Act, the penal provisions of this Act shall also apply. Section 92.2. Penalties for Art Forgery. - Pursuant to Section 11 of R.A. No. 9105, any person who commits art forgery shall be punished with imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years, and a fine not less than Fifty thousand pesos (₱50,000.00) but not more than Five hundred thousand pesos (₱500,000.00).

If the acts are committed by a corporation, partnership or any kind of juridical entity, the penalty provided herein shall be imposed on its chief executive officer and/or other officials responsible therefor.

If the acts are committed by the art dealers or the owners or operators of art galleries, they shall suffer, in addition to the penalties provided by R.A. No. 9105, the automatic revocation of their license to operate. Section 92.3. Theft of NMP and NLP Property. - Under Act No. 3815, the Revised Penal Code (RPC), amended by R.A. No. 10951, if the property stolen be any property of the NLP or NMP, the penalty shall be arresto mayor or a fine ranging from forty thousand pesos (P40,000) to one hundred thousand pesos (P100,000), or both, unless a higher penalty should be provided under other provisions of the RPC, in which case, the offender shall be punished by such higher penalty.

If such acts are also in violation of this Act, the penal provisions of this Act shall also apply. Section 92.4. Special Cases of Malicious Mischief. - Under Act No. 3815, the Revised Penal Code (RPC), amended by R.A. No. 10951, any person who shall cause damage to the property of the National Museum or National Library, or to any archive or registry, shall be punished:

Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty of arresto menor or a fine not exceeding forty thousand pesos (P40,000), or both such fine and imprisonment, in the discretion of the court.

If such acts are also in violation of this Act, the penal provisions of this Act shall also apply. Section 92.6. Damage, Unauthorized Disposal, or Destruction of a Public Record. - The penalties provided by Sections 40 and 41 of R.A. No. 9470 shall apply.

If such acts are also in violation of this Act, the penal provisions of this Act shall also apply. RULE XXIII FINAL PROVISIONS

There is hereby created a Joint Congressional Committee (JCOC) to oversee, monitor, and evaluate the implementation of the Act. The JCOC shall be composed of five (5) members each from the Senate and the House of Representatives, with the Chairpersons of the Senate Committee on Culture and the Arts and House Committee on Basic Education and Culture serving as Co-Chairpersons. The Senate President and the Speaker of the House of Representatives shall designate the other four (4) members of the JCOC from among the members of the Senate Committee on Culture and the Arts and House Committee on Basic Education, respectively, one (1) member of which shall be from the minority.

The Commission shall undertake a mandatory review of the Act and its Rules at least once every five (5) years and as often as it may deem necessary if any significant new information, policy, or organizational change warrants a review.

External experts may be contracted by the Commission to conduct the periodic review of the implementation of the Act and its Rules subject to availability of funds and existing and applicable government accounting and auditing rules and regulations.

Any amendments to these Rules shall be approved by the NCCA Board of Commissioners after due consultation with concerned stakeholders.

If any clause, sentence, section or provision of these Rules is held or declared unconstitutional, or invalid by a competent court, the remaining parts of these Rules shall not be affected thereby.

All rules, regulations, and resolutions of the NCCA Board of Commissioners inconsistent with or contrary to the provisions of these Rules are hereby repealed or modified accordingly.

These Rules shall take effect after fifteen (15) days following its complete publication in the Official Gazette or in a newspaper of general circulation and from the filing of three (3) certified copies at the Office of the National Administrative Register (ONAR) of the University of the Philippines Law Center.