April 2, 2004

AMENDED IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 7356 (LAW CREATING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS)

The National Commission for Culture and the Arts hereby promulgates the Amended Rules and Regulations to implement Republic Act No. 7356, otherwise known as the "Law Creating the National Commission for Culture and the Arts."

SECTION 1. Short Title. — These rules shall be known as the "Amended Implementing Rules and Regulations of Republic Act No. 7356 entitled, An Act Creating the National Commission for Culture and the Arts, Establishing a National Endowment Fund for Culture and the Arts, and for other Purposes."

RULE I

Declaration of Principles

SECTION 2. Culture as a Human Right. — Culture is a manifestation of the freedom of belief and of expression, and is a human right to be accorded due respect and allowed to flourish.

SECTION 3. National Identity. — Culture reflects and shapes values, and beliefs and emulates the aspirations of the people's cultural wisdom, thereby defining a people's national identity. A Filipino national culture that mirrors Philippine economic, social, and political life shall be evolved, promoted and conserved.

SECTION 4. Culture of the People. — The Filipino national culture shall be:

4.1 Independent, free of political and economic structures which inhibit cultural sovereignty;

4.2 Equitable, effectively creating and distributing cultural opportunities and correcting the imbalance that has long prejudiced the poor and other marginalized sectors who have the least opportunities for cultural development and educational growth;

4.3 Dynamic, continuously developing in pace with scientific, technological, social, economic and political changes, both in national and international levels;

4.4 Progressive, developing the vast potential of all Filipinos as responsible change agents of society; and

4.5 Humanistic, ensuring the freedom and creativity of the human spirit.

SECTION 5. Culture by the People. — The Filipino national culture shall be evolved and developed by the people themselves according to their own original and ancestral wisdom.

National cultural policies and programs shall be formulated which shall be:

5.1 Pluralistic, fostering deep respect for the cultural identity of each locality, region or ethno-linguistic locality, as well as elements assimilated from other cultures through the natural process of acculturation;

5.2 Democratic, encouraging and supporting the participation of the vast masses of the Filipino people in its programs and projects;

5.3 Non-partisan, open to all people and institutions, regardless of creed, affiliation, ideology, ethnic origin, age, gender or class, with no organized group or sector having monopoly of its services;

5.4 Liberative, having concern for the decolonization and emancipation of the Filipino psyche in order to ensure the full flowering of Filipino culture; and

5.5 Nationalistic, the bonding and harmony of people based on the common recognition of cultural heritage.

SECTION 6. Culture for the People. — The creation of artistic and cultural products shall be promoted and disseminated to the greatest number of our people. The level of consciousness of the Filipino people about their own cultural values in order to strengthen the Filipino culture and to instill nationhood and cultural unity shall be raised formally through the educational system and informally through extra-scholastic means, including the use of traditional as well as modern media of communication.

SECTION 7. Preservation of the Filipino Heritage. — It is the duty of every citizen to preserve and conserve the Filipino historical and cultural heritage and resources. The retrieval and conservation of artifacts of Filipino culture and history shall be vigorously pursued. cDCEIA

RULE II

Organization of the National Commission for Culture and the Arts

SECTION 8. Creation of the National Commission for Culture and the Arts (NCCA). — The NCCA is hereby created to:

8.1 Formulate policies for the development of culture and arts;

8.2 Implement these policies in coordination with affiliated cultural agencies;

8.3 Coordinate the implementation of programs of these affiliated agencies;

8.4 Administer the National Endowment Fund for Culture and the Arts (NEFCA);

8.5 Encourage artistic creation within a climate of artistic freedom;

8.6 Develop and promote the Filipino national culture and arts; and

8.7 Preserve Filipino cultural heritage.

SECTION 9. Composition. — The Commission shall be composed of the following members:

a) Undersecretary, Department of Education Culture and Sports ^* [now the Department of Education per RA 9155];

b) Undersecretary, Department of Tourism;

c) Chairperson, Committee on Basic Education and Culture, House of Representatives;

d) Chairman, Committee on Education, Arts and Culture, Senate of the Philippines;

e) President, Cultural Center of the Philippines;

f) Executive Director, National Historical Institute; ^**

g) Director, National Museum;

h) Director, The National Library;

i) Chairperson, Komisyon sa Wikang Filipino;

j) Director, Records Management and Archives Office;

k) Executive Director, National Commission for Culture and the Arts;

l) The Head of the Subcommission on Cultural Communities and Traditional Arts (SCCTA); and

m) Three (3) Representatives from the private sector elected by the Heads of the National Committees within the respective Subcommissions, namely:

1. The Head of the Subcommission on Cultural Heritage (SCH);

2. The Head of the Subcommission on the Arts (SCA); and

3. The Head of the Subcommission on Cultural Dissemination (SCD).

SECTION 10. Term of Office. — Non-ex-officio Members of the Commission shall have a term of three (3) years, reckoned from July 1, 1992. CDTAbench

SECTION 11. Restrictions. — During his/her term, all members of the Commission shall not be eligible for any grant or such other financial aid from the Commission as an individual: Provided, however, that the Commissioner may compete for grants and awards on the same level as other artists one (1) year after his/her term shall have expired.

SECTION 12. General Mandate. — The Commission is hereby mandated to formulate and implement policies and plans in accordance with the principles stated in Rule 1 hereof.

SECTION 13. Development of Pluralistic Culture. — To encourage the continuing and balanced development of a pluralistic culture by the people themselves, the Commission shall:

13.1 Encourage and ensure the exercise of the freedom of expression by eliminating all forms of censorship inimical to cultural and artistic growth and development without prejudice to the rights of other people to develop their own culture, or to the enhancement of a genuinely Filipino culture;

13.2 Extend financial and economic assistance such as subsidies, artist funds and social security to promote cultural development and protect artists and cultural workers;

13.3 Ensure the decentralization of opportunities for creative expression through the establishment of local culture and arts centers, and organizations on history and arts in various regions, with resources needed for artistic cultural activities;

13.4 Extend recognition of artistic and intellectual achievement through awards, grants and services to artists and cultural groups which contribute significantly to the Filipino's cultural legacy;

13.5 Promote the interests and welfare of artists and cultural workers by protecting their rights to intellectual and artistic properties as well as by associations which shall promote and protect the economic and moral rights of artists over the country;

13.6 Encourage and support research into Philippine artistic traditions in the hope to revive, popularize, and preserve the artistic traditions which may be adopted for the creation of contemporary forms; provided, that the adoption does not result in the mockery of the tradition;

13.7 Adopt measures and recommend legislations to protect the intellectual and artistic rights and properties of Filipino artists, cultural workers and other matters concerning culture and arts; and

13.8 Explore and adopt the best possible structure of relationship between the public and private sector at the local level, taking into account varying socio-cultural situations.

SECTION 14. Promotion of Historical and Cultural Heritage. — To conserve, promote and protect the nation's historical and cultural heritage, the Commission shall:

14.1 Support, monitor and systematize the retrieval and conservation of artifacts of Filipino culture and history and all Filipino cultural treasures from all over the archipelago and other countries;

14.2 Encourage and support the study, recognition and preservation of endangered human cultural resources such as weavers, chanters, dancers, and other craftsmen as well as the conservation and development of such artistic, linguistic and occupational skills and talents as are threatened with extinction;

14.3 Support and promote the establishment and preservation of cultural and historical monuments, markers, names and sites;

14.4 Encourage and support the establishment and/or maintenance all over the country of museums, libraries, archives, private or public, as repositories, respectively of all cultural/historical artifacts and artistic creation, printed works, archival records and all other materials indispensable to the study and evaluation of Filipino culture and history;

14.5 Encourage the private sector to establish and maintain private museums, libraries, learning centers, and archives;

14.6 Encourage and support scholarly research into, and documentation of, Philippine cultural traditions, arts and crafts, as well as significant cultural movements, achievements and personalities especially in the literary, visual and performing arts; and in mass media, as well as the various aspects of Filipino culture;

14.7 Encourage and support the writing of Philippine history and pre-history, and Cultural Studies from multiple perspectives that will help in the creation of a national identity and give support to activities such as but not limited to conferences, congresses, fora, and symposia on Philippine history;

14.8 Encourage and support scholarly and scientific research and anthropological and archaeological studies, and the publication thereof; and

14.9 Encourage, support and systematize the audio-visual documentation of Filipino cultural expressions.

SECTION 15. Dissemination of Artistic and Cultural Works. — To ensure the widest dissemination of artistic and cultural works and products among the greatest number of people across the country and overseas for their appreciation and enjoyment, and in cooperation with the Departments of Education, Tourism, Interior and Local Government, Foreign Affairs and all other concerned agencies, public and private, the Commission shall:

15.1 Cause to be established and developed a culture and arts education program at all levels of the educational system, public and private, to ensure the study of culture and arts across the school curriculum;

15.2 Encourage and support programs such as, but not limited to, publication, exhibition, production, performance, staging, reproduction, and promotion of original Filipino creations;

15.3 Coordinate and provide technical and/or financial assistance for cultural events and related activities such as cultural festivals, competitions, lectures, seminars, fora, and symposia;

15.4 Develop and implement a comprehensive translation program which shall make works by Filipinos and selected foreign classics equally accessible to Filipino as well as international readers;

15.5 Promote the popularization of information about artistic and cultural achievements and programs, in coordination with government agencies and non-government organizations and institutions;

15.6 Re-orient tourism programs to become an instrument for popular education of our people and others about the best of our heritage and creativity;

15.7 Undertake a systematic collection of statistical and other data which reflects the state of cultural conditions in the country to serve as a database for formulating cultural policies;

15.8 Create and support a sustained program of international cultural exchange, scholarships, travel grants and other forms of assistance;

15.9 Promulgate standards and guidelines for the protection and promotion of Filipino artists, cultural workers and creative works in other countries; and

15.10 Encourage and support the continuous training of cultural workers and administrators by qualified trainors.

SECTION 16. Preservation and Integration of Traditional Culture. — To preserve and integrate traditional culture and its various creative expressions as a dynamic part of the national cultural mainstream, the Commission shall undertake the following:

16.1 Help set up or encourage, monitor and subsidize apprenticeship/trainee systems at the regional, provincial and local levels, intended to develop traditional cultures such as arts/crafts centers, preferably in community settings apart from the usual museum settings, where exponents of living arts and crafts can practice and teach their art and enrich contemporary designs;

16.2 Encourage and subsidize cultural research and the retrieval of cultural research information (e.g. folklore, dance, music, crafts) through the training of students, teachers, and cultural researchers, and their revitalization by practice and performance;

16.3 Ensure that the ultimate beneficiaries of all research efforts, tourism programs and other activities affecting cultural communities are the people and cultural communities that are the subject of research, and that their cultures are nurtured rather than violated, damaged, or exploited;

16.4 Ensure that relevant information is made available to legislators who introduce laws with cultural implication; and

16.5 Encourage and support the continuous training of cultural workers and administrators of NGOs, LGUs, and others by qualified trainers.

SECTION 17. Ensure Standards of Excellence. — To ensure that standards of excellence are pursued in programs and activities implementing policies herein stated, the Commission shall encourage and support continuing discussion and debate through symposia, workshops, publications, etc., on the highest norms available in the matrix of Philippine culture.

SECTION 18. Powers and Functions. — The Commission shall exercise the following powers and functions:

18.1 Encourage and facilitate the organization of a network of regional and local councils for culture and the arts, hereunder described, to ensure a broad nationwide, people-based participation in the formulation of plans, the enforcement of culture-related laws and regulations, the implementation of programs/projects and the review of funding requirements;

18.2 Establish a Secretariat under an Executive Director for the administrative and day-to-day operations of the Commission;

18.3 Set up a system of networking and coordination with and among all existing government cultural agencies for the effective implementation of plans, strategies, programs and activities, and to avoid unnecessary duplication of functions therein;

18.4 Create committees and other mechanisms to help expedite the implementation of plans and strategies;

18.5 Call upon and coordinate with other government and non-government and cultural institutions and agencies for assistance in any form;

18.6 Generate resources both from the Government and private sectors, local, national and international, for its operations as well as for the National Endowment Fund for Culture and the Arts (NEFCA);

18.7 Receive and accept donations and other conveyances including funds, materials and other services, by gratuitous title;

18.8 Administer the NEFCA and give grants for the development, protection, preservation and dissemination of Philippine culture and the arts, and designate a comptroller;

18.9 Prepare an annual budget of the Commission and submit the same to the President for inclusion in the annual General Appropriations Act (GAA);

18.10 Advise the President on matters pertaining to culture and the arts, including the creation of a special decoration or award, for persons who have significantly contributed to the development and promotion of Philippine culture and arts;

18.11 Regulate activities inimical to the preservation/conservation of national cultural heritage/properties, which shall be contained in a separate document;

18.12 Investigate such inimical activities in conjunction with the proper government agencies, such as the Department of Interior and Local Government, the National Historical Institute, the National Museum and other such agencies, with the aim of prosecuting such activities and recommending other actions such as legislation, executive issuances and other appropriate actions;

18.13 May delegate decision making on specific cases to the Chairperson, the Executive Director and the Secretariat as it sees fit. Matters for decision that are not explicitly delegated by resolution shall require Commission action; and

18.14 Promulgate other rules and regulations and undertake any and all measures as may be necessary to implement R.A. No. 7356.

RULE III

Organizational Units of the NCCA

SECTION 19. Organizational Units. — The NCCA shall be composed of the following organizational units:

19.1 Subcommissions (SCs) — The SCs are the members of all the National Committees from the various fields of culture and the arts within the respective sectors of Cultural Communities and Traditional Arts, Cultural Heritage, the Arts, and Cultural Dissemination.

19.2 National Committees (NCs) — The NCs shall be composed of groups and individuals organized into committees created to assist the Commission in pursuing its mandates.

19.2.1 Executive Council Members of National Committees (ExeCon) — The ExeCon shall be the working group constituted pursuant to Committee Rules and Regulations for the purpose of conducting the affairs of the National Committee.

19.3 National Advisory Board (NAB) — The NAB shall consist of the heads of the aforementioned NCs.

19.4 Secretariat — The Secretariat, which shall be headed by an Executive Director, shall be the administrative organization responsible for the day-to-day operations of the NCCA.

RULE IV

The Chairperson

SECTION 20. The Chairperson of the Commission. — The Commission shall be headed by a Chairperson who shall be elected by the members of the Commission from among themselves.

SECTION 21. Term of Office. — The Chairperson shall have a term of three (3) years, reckoned from July 1, 1992 for as long as he/she remains a member of the Commission, and shall not serve for more than two consecutive terms. The filling up of an unexpired term of an outgoing Chairperson shall already be considered one full term in reckoning his/her number of terms.

SECTION 22. Removal from Office. — Subject to due process, the Chairperson may be replaced before the expiration of his/her term on a vote of two-thirds of the entire Commission, on any of the following grounds:

22.1 Culpable violation of the NCCA Implementing Rules and Regulations, and NCCA rules and regulations, and any of its policies and directives;

22.2 Culpable violation of the NCCA Code of Ethics;

22.3 Conviction by final judgment for the violation of the Code of Conduct and Ethical Standards for Public Officials and Employees; and

22.4 Conviction by final judgment of a crime involving moral turpitude.

SECTION 23. Responsibilities. — The Chairperson shall have the following responsibilities:

23.1 Provide leadership in the realization of the vision/mission of the Commission;

23.2 Advise the President on matters pertaining to Philippine culture and arts;

23.3 Preside over meetings of the Commission;

23.4 Propose the agenda for meetings of the Commission;

23.5 Oversee the proper implementation of the decisions and resolutions approved by the Commission;

23.6 Represent the Commission on official matters; and

23.7 Perform such other duties, which the Office of the President or the Commission may delegate to him/her from time to time.

SECTION 24. Compensation of the Chairperson. — The Chairperson occupying an ex-officio position is not entitled to receive honorarium and other compensation pursuant to the provisions of Section 8, Article IX-B of the Constitution. However, he/she may be allowed reimbursement of miscellaneous expenses incurred in connection with his/her attendance to the meetings subject to the rates pursuant to the appropriate government rules and regulations.

 

RULE V

The Commissioners

SECTION 25. Responsibilities. — The Commissioners shall attend regular Commission meeting for the purpose of formulating policies and plans, approving projects and grants, approving the annual Commission budget for presentation to the Department of Budget and Management (DBM) and Congress, and discussing and resolving issues on Philippine culture and arts. All actions taken by individual Commissioners with regard to concerns and activities relative to NCCA shall require Commission approval.

SECTION 26. Voting Rights. — The Commissioners shall each have one vote. A representative who attends in lieu of a Commissioner shall only be allowed to vote when authorized to do so in writing by the Commissioner represented.

SECTION 27. Compensation. — All non-ex-officio members of the Commission, or in their absence, their official representative to the meeting, shall receive per diem as prescribed by the Department of Budget and Management (DBM), which shall be an amount for actual attendance in the meetings of the Commission. In addition, they shall be entitled to reimburse all travel expenses actually incurred in connection with attendance at Commission meetings. Their per diem and travel expenses shall be reimbursed to them immediately after the meeting.

Ex-officio members of the Commission or their duly designated representatives shall receive representation and travel allowances (RATA) in accordance with rates prescribed by the DBM. Ex-officio members with the rank of undersecretary shall be entitled to reimbursement of expenses incurred in connection with his/her duties as Commissioner in accordance with such ceilings as may be authorized by the DBM.

RULE VI

Meetings of the Commission

SECTION 28. Regular Meetings. — The Commission shall meet at least once a month at a place and time approved by the Commission.

SECTION 29. Special Meetings. — Special Meetings of the Commission may be called by the Chairperson, or upon a request from the majority of the Commissioners for valid and urgent reasons and shall be held at a time and place to be specified in a notice to be furnished the members at least two days before the scheduled meeting.

SECTION 30. Quorum. — A majority of the Commissioners or their authorized representatives shall constitute a quorum to proceed with the meeting. A representative who attends in lieu of a Commissioner shall be counted for quorum purposes but the representative shall only be allowed to vote when authorized to do so in writing by the Commissioner concerned.

SECTION 31. Referendum. — The Chairperson may authorize the circulation in referendum of matters that are of such urgency that the same cannot await the next Regular Commission meeting. In such cases, approval of a majority of the members of the Commission shall be sufficient for action; Provided that matters approved in referendum shall be submitted to the Commission at its next meeting for confirmation or ratification.

SECTION 32. Internal Rules of Procedure. — The Commission may adopt or update its rules of procedure that shall provide for the following:

32.1. The parliamentary rules of procedure which includes the conduct of members during sessions; and

32.2 The discipline of members for disorderly behavior and absences without justifiable cause.

RULE VII

The Secretariat

SECTION 33. Definition. — The Secretariat as defined in Rule III, Section 19.4, shall provide administrative and technical support to the Commission and other organizational units created within the Commission.

SECTION 34. Functions. — The Secretariat shall perform the following functions:

34.1 Assist the Commission in formulating a National Development Plan for Culture and the Arts;

34.2 Establish and maintain a system for the achievement of the foregoing Plan, and recommend and undertake measures, upon approval thereof by the Commission, for the effective and efficient implementation of the Plan;

34.3 Submit to the Commission periodic reports on the progress of programs and projects, and on the implementation of policies and plans for cultural and artistic development;

34.4 Prepare the annual report to the President and the Congress, which shall be subject to the final approval of the Commission;

34.5 Monitor the implementation of NCCA approved projects; and

34.6 Undertake other activities that are necessary to achieve the foregoing functions or such other activities as may be directed or delegated by the Chairperson/Commission.

SECTION 35. The Executive Director. — The Executive Director (ED) shall head the Secretariat.

SECTION 36. Appointment. — The ED shall be appointed by the Commission based on open nominations. Appointments shall be made after meeting and due deliberation of the Commission sitting as a collegial body.

SECTION 37. Functions. — In addition to his/her functions as a member of the Commission, the ED shall perform the following duties and responsibilities:

37.1 Take charge of the administration, direction and supervision of the Secretariat, ensuring the implementation of Commission resolutions and decisions;

37.2 Formalize the implementation of grants approved by the Commission, in the form of Memoranda of Agreement or contracts entered into with grantees;

37.3 Ensure that the Secretariat provides administrative support to the Commission and bodies directly attached thereto — the Subcommissions, the NAB, the National Committees, and other bodies and individuals who perform work for the NCCA; and

37.4 Perform such other functions as may be assigned by the Commission and/or the Chairperson from time to time.

SECTION 38. Qualifications. — The qualification of the Executive Director shall be set by the Commission in conjunction with existing Civil Service Rules and Regulations, which qualifications shall be in accordance with the qualifications required of a Director III.

RULE VIII

The Subcommissions (SCs)

SECTION 39. Composition. — There shall be four (4) Subcommissions composed of the heads of the National Committees to be organized as follows:

39.1 Subcommission on Cultural Heritage, which shall cover but will not be limited to the following areas: libraries and information services; archives, museums, art galleries, monuments and sites, and historical research;

39.2 Subcommission on the Arts, which shall cover but will not be limited to the following areas: literary arts, visual arts, architecture and its allied arts, dramatic arts, music, dance, and cinema;

39.3 Subcommission on Cultural Dissemination, which shall cover but not be limited to the following areas: language and translation, communication, cultural education, cultural information and special events; and

39.4 Subcommission on Cultural Communities and Traditional Arts, which shall cover but will not be limited to the following areas: Agta/Ayta cultural communities, northern cultural communities, southern cultural communities, Muslim cultural communities, and lowland/Kapatagan cultural communities.

SECTION 40. Functions. — The Subcommission shall have the following functions:

40.1 Assess the state of the country's culture and arts and recommend appropriate action to the Commission;

40.2 Consolidate and/or harmonize the position of various Committees that fall under the same Subcommission on issues of interest and concern to the Committees, including Commission policies and programs, proposed legislation and executive issuances;

40.3 Coordinate with other Subcommissions on programs, projects and other similar activities that require the participation of two or more Subcommissions; and

40.4 Perform such other functions as may be delegated by the Commission.

SECTION 41. Officers. — Each Subcommission shall have a Head, a Vice Head, and a Secretary who shall be elected for a term of three (3) years, reckoned from July 1, 1992 for as long as he/she remains an ExeCon member of the National Committee, and shall not serve for more than two consecutive terms. The filling up of an unexpired term of a departing Subcommission Head shall already be considered one full term in reckoning his/her maximum number of terms. The elected Subcommission Head shall represent the Subcommission in the Commission.

SECTION 42. Regular Meetings. — The SubCommission shall meet at most once a month at a place and time approved by the Subcommission Members. The meeting shall be called by its Head, or in his/her absence by the Vice-Head.

SECTION 43. Special Meetings. — Special Meetings of the Subcommission may be called by the Head or in his/her absence by the Vice-Head, only upon a request from the majority of the Members for valid and urgent reasons and shall be held at a time and place to be specified in a notice to be furnished the members at least two days before the scheduled meeting.

SECTION 44. Quorum. — A majority of the Committee H