HERITAGE RESOURCE CENTER

Many people ask for information about laws, ordinances, office orders and memos of government agencies, local and international charters, treaties, agreements and manuals, and other documents on cultural heritage, conservation, cultural tourism, and other related topics. I'm compiling an online Heritage Resource Center for everyone.

NATIONAL LAWS, IRRs, AND REGISTRIES
Republic Act No. 10066 – National Cultural Heritage Act of 2009
Implementing Rules and Regulations of RA No. 10066
Philippine Registry of Cultural Property (PRECUP)

1987 Philippine Constitution
Article II
"Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development."

Article XIV
"Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.
"Section 15. Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations.
"Section 16. All the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.
"Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies."

Republic Act No. 7160 – Local Government Code
"Section 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants."

Republic Act No. 10651 – General Appropriations Act 2015

DepEd-OSEC, Special Provision No. 22, “Preservation of Gabaldon School Buildings”, Volume II-A, page 285

22. Preservation of Gabaldon Buildings. Gabaldon school buildings shall not be demolished. The DepEd shall preserve and restore the existing Gabaldon school buildings as part of the preservation of the country's cultural heritage.

General Provisions, Section 19, “Protection of Built Heritage, Cultural Properties and Cultural Landscapes”, Volume II-B, page 1529

Republic Act No. 10717 – General Appropriations Act 2016

DepEd-OSEC, Special Provision No. 20, “Preservation of Gabaldon and Other Heritage School Buildings”, Volume II-A, page 271

20. Preservation of Gabaldon and Other Heritage School Buildings. The existing Gabaldon school buildings and other heritage school buildings shall not be demolished. The DepEd shall endeavor to preserve and restore said buildings as part of the preservation of the country's cultural heritage.

General Provisions, Section 43, “Protection of Built Heritage, Cultural Properties and Cultural Landscapes”, Volume II-B, page 796

Section 43. Protection of Built Heritage, Cultural Properties and Cultural Landscapes. Alteration, renovation or demolition of heritage buildings and open spaces declared by government cultural agencies or presumed to be important cultural properties, including but not limited to provincial capitol buildings, city hall, municipal hall, monuments, fountains, parks and plazas, school, state colleges and universities, fortifications, lighthouses, bridges, public hospitals, train stations, museums, public libraries, stadiums, prisons and government offices, shall be undertaken only upon prior approval of government cultural agencies and proper consultation with stakeholders and cultural groups to be administered by the NCCA. This includes the protection of the sight line with regard to built heritage, cultural properties and cultural landscapes.

In addition, in undertaking major infrastructure projects, the concerned department/agency shall be responsible specifically in the planning, design, construction, and maintenance of national roads and bridges as they impact on heritage structures or aspects of heritage conservation pursuant to Republic Act No. 10066 of the National Cultural Heritage Act of 2009.

Republic Act No. 10924 – General Appropriations Act 2017

General Provisions, Section 33, “Institutional Linkage with the National Cultural Agencies”, Volume I-B, page 641

In the implementation of programs, activities and projects authorized in this Act, agencies indentified under R.A. No. 10066, the National Cultural Heritage Act of 2009, shall consult, coordinate and work closely with the National Commission for Culture and the Arts to ensure that their respective responsibilities under R.A. No. 10066 are implemented.

General Provisions, Section 34, “Protection of Built Heritage, Cultural Properties and Cultural Landscapes”, Volume I-B, page 641

Section 34. Protection of Built Heritage, Cultural Properties and Cultural Landscapes. Alteration, renovation or demolition of government buildings and open spaces declared by government cultural agencies or presumed to be important cultural properties, including but not limited to provincial capitol buildings, city hall, municipal hall, monuments, fountains, parks and plazas, school, state colleges and universities, fortifications, lighthouses, bridges, public hospitals, train stations, museums, public libraries, stadiums, prisons and government offices, shall be undertaken only upon prior approval of government cultural agencies and proper consultation with stakeholders and cultural groups to be administered by the NCCA. This includes the protection of the sight line with regard to built heritage, cultural properties and cultural landscapes.

In addition, in undertaking major infrastructure projects, the concerned department/agency shall be responsible specifically in the planning, design, construction, and maintenance of national roads and bridges as they impact on heritage structures or aspects of heritage conservation pursuant to Republic Act No. 10066 of the National Cultural Heritage Act of 2009.

Republic Act No. 4846 – Cultural Properties Preservation and Protection Act
Presidential Decree No. 105, s. 1973 – Declaring National Shrines as Sacred (Hallowed) Places and Prohibiting Desecration Thereof
Presidential Decree No. 266, s. 1973 – Declaring National Cultural Treasures, National Shrines, Monuments and/or Landmarks
Presidential Decree No. 374, s. 1974 – Amending Certain Sections of RA No. 4846
Presidential Decree No. 375, s. 1974
Presidential Decree No. 756, s. 1975
Presidential Decree No. 1505 – Amending PD No. 206
Republic Act No. 8058 – Declaring Ancestral Houses along Rizal Street, Silay City, Negros Occidental as Historical Landmarks

For a full list of Philippine heritage laws, visit the List of Cultural Laws in the Philippines in the NCCA website.

CHURCH LAWS, CIRCULARS, AND AGREEMENTS
Opera artis: Circular Letter on the care of the Church's historical and artistic heritage issued April 11, 1971 by the Sacred Congregation of Clergy
NCCA–CBCP Agreement on the Cultural Heritage of the Catholic Church in the Philippines
Agreement between the Holy See and the Republic of the Philippines on the Cultural Heritage of the Catholic Church
Entered into full force on 29 May 2008, following the exchange of the instruments of ratification between the Holy See and the Republic of the Philippines

COURT DECISIONS

CA GRCV No. 91918 – Taal Basilica (October 25, 2012)
"Defendants-appellees are permanently enjoined to comply with the provisions of Presidential Decree No. 375 and Presidential Decree No. 1505, to secure prior written permission from the National Historical Institute prior to the conduct of any construction, alteration or modification of the basilica and its premises."

RTC Branch 52, Manila Civil Case No. 07-117444 – Intramuros Sports Complex (April 7, 2008)
"Moreover, although admittedly, the project site is on a parcel of land owned by the public respondent, Article 428 of the New Civil Code provides that 'the right of an owner over his property is not absolute but is subject to certain limitations established by law.'"

"The court shares the view of petitioner that it is every Filipino's right to have a part of the national heritage like the Intramuros wall protected, preserved, restored and enhanced. Also, for those reasons, the court finds the arguments of the respondents untenable."

"WHEREFORE, let a Writ of Prohibition issue directing respondents to cease and desist from continuing construction of the sports complex. The Writ of Preliminary Injunction earlier issued is hereby declared permanent and respondents are also ordered to demolish the illegal construction at their expense."

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
Memorandum Circular No. 2013-98 Subject: Encouraging LGU Support to Protect and Conserve National Cultural Heritage

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

Department Order No. 243 S. 1991 Subject: Consideration for Historic Sites and Structures in Feasibility Studies
"The preservation of historic sites and structures is a national concern. The relics of the past are national treasures which must be preserved, restored and enhanced for the benefit of this and future generations." – Sec. Jose P. de Jesus

Memo No. 097.7-110514 Subject: NCCA Official Statement on Construction of Commercial Establishments in Parks and Open Spaces
"In view hereof, for the protection and preservation of our cultural identity and patrimony, and in response to the call of the NCCA official statement, you are hereby directed to consult and coordinate with the NCCA on any plan including design and additional construction affecting cultural heritage sites. Further, to as such extent possible, please avoid affecting cultural heritage sites." – Sec. Rogelio L. Singson

NATIONAL COMMISSION FOR CULTURE AND THE ARTS
NCCA Statement on Torre de Manila

NATIONAL MUSEUM OF THE PHILIPPINES
Cultural Properties Division Manual 2014
Briefing Notes on the Upgrading and Expansion of the Zamboanga National Museum
NM Statement on Torre de Manila

NATIONAL HISTORICAL COMMISSION OF THE PHILIPPINES
Guidelines, Policies and Standards for the Conservation and Development of Historic Centers/Heritage Zones
Guidelines on the Identification, Classification, and Recognition of Historic Sites and Structures in the Philippines
Resolution No. 3 s. 1991 – Declaring Colonial Churches and Other Houses of Worship in the Philippines as Classified Historic Structures

Barili, Cebu: Municipal Ordinance No. 04-06-01, s. 2006 – Declaring Certain Shrines, Houses, Buildings, Monuments, Markers and Other Areas as Cultural Properties of the Municipality
Bohol: Provincial Ordinance No. 2008-2 – Bohol Arts and Cultural Heritage Code
Ilocos Norte: Provincial Ordinance No. 039-2009 – Imposing Moratorium in the Conversion of Use and Demolition of Structures Deemed as Part of the Cultural and Historical Heritage of Ilocos Norte
Iloilo City: City Ordinance No. 00-054 – Declaring Certain Building Structures or Sites in Iloilo City as Local Heritage and CBD Heritage Building Catalgoue
Iloilo City: Implementing Rules and Regulations for the Downtown CBD Heritage Zone
Manila: City Ordinance No. 8385 – Exempting Certain Properties from Basic Real Property and Sepcial Education Fund Taxes
Naga City: City Ordinance No. 2003-003 – Creating a Task Force for the Preservation and Restoration of all Historical and Cultural Buildings and Structures in the City of Naga
Panay, Capiz: Municipal Ordinance No. 07-08 – Creating the Panay Heritage Zone and its Governing Body
San Fernando, Pampanga: City Ordinance No. 2004-003 – Creating the City of San Fernando Heritage District and its Governing Body
Silay City, Negros Occidental: City Ordinance No. 2, Series of 2014 – Creating the Silay Heritage District
Taal, Batangas: Municipal Ordinance No. 3, s. 2009 – Heritage Conservation, Preservation and Restoration Code of 2009
Vigan, Ilocos SurCity Ordinance No. 07 Series of 2006 – Vigan Conservation Guidelines as Amended

INTERNATIONAL CHARTERS
Venice Charter – International Charter for the Conservation and Restoration of Monuments and Sites
Burra Charter – Australia ICOMOS Charter for Places of Cultural Significance
Nara Document on Authenticity
ICOMOS International Cultural Tourism Charter
Hue Declaration on Cultural Tourism and Poverty Alleviation

For a full list and texts of the different ICOMOS charters and documents, see ICOMOS Charters and Doctrinal Texts.

UNESCO WORLD HERITAGE MANUALS
Managing Tourism at World Heritage Sites
Preparing World Heritage Nominations

CONSERVATION AND ADAPTIVE REUSE DOCUMENTS
Australia: Australian Government – Adaptive Reuse
Hong Kong: Practice Guidebook for Adaptive Re-use of and Alteration and Addition Works to Heritage Buildings 2012
Los Angeles, CA: City of Los Angeles – Adaptive Reuse Program
Newcastle, NSW, Australia: Newcastle Urban Renewal – Adaptive Reuse Case Studies of Heritage Buildings
Queensland, Australia: Planning for the Adaptive Reuse of Heritage Buildings in Queensland
Toronto, Canada: Adaptive Reuse of Industrial Buildings in Toronto, Ontario
Western Australia, Australia: State Heritage Office – Heritage in Action: Adaptive Reuse

Assessing the Values of Cultural Heritage
Australia Heritage Listing Guide
Does Adaptive Reuse Pay
Economics and Heritage Conservation
Heritage Inventories
Methodology for the Conservation of Polychromed Wooden Altarpieces
Values and Heritage Conservation

CULTURAL TOURISM DOCUMENTS
Tourism, Culture and Sustainable Development

CULTURAL HERITAGE POLICY DOCUMENTS
The Getty Conservation Institute has compiled over eighty heritage policy documents from 1877 to 2008. Some of the links may no longer be working. But this serves as good reference for heritage policy. Here is the GCI list of Cultural Heritage Policy Documents.


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