Salient Features of RA 10066 or the National Cultural Heritage Act of 2009

Republic Act No. 10066 - An Act Providing for the Protection and Conservation of the National Cultural Heritage, Strengthening the National Commission for Culture and the Arts (NCCA) and its Affiliated Cultural Agencies and for Other Purposes

                        Photo: https://elibrary.bmb.gov.ph/elibrary/books/national-cultural-heritage-act-of-2009-republic-act-no-10066/

 

Salient Features

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms shall be defined as follows:

(a) “Adaptive reuse” shall refer to the utilization of buildings, other built-structures and sites of value for purposes other than that for which they were intended originally, in order to conserve the site, their engineering integrity and authenticity of design.

(b) “Anthropological area” shall refer to any place where studies of specific ethno-linguistic groups are undertaken, the properties of which are of value to our cultural heritage.

(c) “Antique” shall refer to a cultural property found locally which is one hundred (100) years in age, more or less, the production of which has ceased.

(d) “Archaeological area” shall refer to any place, whether above or under ground, underwater or at sea level, containing fossils, artifacts and other cultural, geological, botanical, zoological materials which depict and document culturally relevant paleontological, prehistoric and/or historic events.

(e) “Archives” shall refer to public and private records in any format which have been selected for permanent preservation because of their evidential, historical informational value; otherwise known as archival materials collections or archival holdings; the place (building/room/storage area) where archival materials are kept and preserved; and an organization or agency or part thereof whose main responsibility is to appraise, arrange, describe, conserve, promote and make archival materials available for reference and research, also known as archival agency.

(f) “Built heritage” shall refer to architectural and engineering structures such as, but not limited to, bridges, government buildings, houses of ancestry, traditional dwellings, quartels, train stations, lighthouses, small ports, educational, technological and industrial complexes, and their settings, and landscapes with notable historical and cultural significance.

(g) “Collector” shall refer to any person who or institution that acquires cultural property for purposes other than sale.

(h) “Commission” shall refer to the National Commission for Culture and the Arts (NCCA).

(i) “Conservation” shall refer to all the processes and measures of maintaining the cultural significance of a cultural property including, but not limited to, preservation, restoration, reconstruction, protection, adaptation or any combination thereof.

(j) “Cultural agencies” shall refer to the following national government agencies with their specific areas of responsibility: National Museum (cultural property); the National Library (books); National Historical Institute (Philippine history); National Archives (documents); Cultural Center of the Philippines (culture and the arts); and Komisyon sa Wikang Filipino (language).

(k) “Cultural education” shall refer to the teaching and learning of cultural concepts and processes.

(l) “Cultural heritage” shall refer to the totality of cultural property preserved and developed through time and passed on to posterity.

(m) “Cultural heritage worker” shall refer to an individual undertaking cultural heritage work.

(n) “Cultural institution” shall refer to entities engaged primarily in cultural work.

(o) “Cultural property” shall refer to all products of human creativity by which a people and a nation reveal their identity, including churches, mosques and other places of religious worship, schools and natural history specimens and sites, whether public or privately-owned, movable or immovable, and tangible or intangible.

(p) “Dealers” shall refer to natural or juridical persons who acquire cultural property for the purpose of engaging in the acquisition and disposition of the same.

(q) “Heritage zone” shall refer to historical, anthropological, archaeological, artistic geographical areas and settings that are culturally significant to the country, as declared by the National Museum and/or the National Historical Institute.

(r) “History” shall refer to a written record of past events relating to Philippine history.

(s) “Historical landmarks” shall refer to sites or structures that are associated with events or achievements significant to Philippine history as declared by the National Historical Institute.

(t) “Historical monuments” shall refer to structures that honor illustrious persons or commemorate events of historical value as declared by the National Historical Institute.

(u) “Historical shrines” shall refer to historical sites or structures hallowed and revered for their history or association as declared by the National Historical Institute.

(v) “Historical street name” shall refer to a street name which has been in existence for at least fifty (50) years and over time has been considered historic.

(w) “Important cultural property” shall refer to a cultural property having exceptional cultural, artistic and historical significance to the Philippines, as shall be determined by the National Museum and/or National Historical Institute.

(x) “Intangible cultural heritage” shall refer to the practices, representations, expressions, knowledge and skills, as well as the instruments, objects and artifacts associated therewith, that communities, groups and individuals recognize as part of their cultural heritage, such as: (1) oral traditions, languages and expressions; (2) performing arts; (3) social practices, rituals and festive events; (4) knowledge and practices concerning nature and the universe; and (5) traditional craftsmanship.

(y) “Intangible cultural property” shall refer to the peoples’ learned processes along with the knowledge, skills and creativity that inform and are developed by them, the products they create and the resources, spaces and other aspects of social and natural context necessary for their sustainability.

(z) “Library” shall refer to an institution where the collection of books, manuscripts, computerized information and other materials are organized to provide physical, bibliographic and/or intellectual access to the public, with a librarian that is trained to provide services and programs related to the information needs of its clientele.

(aa) “Museum” shall refer to a permanent institution that researches, acquires, conserves, communicates and exhibits the material evidence of humans and their environment for purposes of education or leisure.

(bb) “National cultural treasure” shall refer to a unique cultural property found locally, possessing outstanding historical, cultural, artistic and/or scientific value which is highly significant and important to the country and nation, and officially declared as such by pertinent cultural agency.

(cc) “Nationally significant” shall refer to historical, aesthetic, scientific, technical, social and/or spiritual values that unify the nation by a deep sense of pride in their various yet common identities, cultural heritage and national patrimony.

(dd) “Natural property of cultural significance” shall refer to areas possessing outstanding ecosystem with flora and fauna of national scientific importance under the National Integrated Protected Areas System.

(ee) “NCCA Portal Cultural Databank” refers to the specific domain in the Commission’s intranet for cultural information that is accessed only internally with control and confidentiality. It includes the registry of national cultural property.

(ff) “Prehistory” shall refer to the period of human history before the introduction of the forms of writing.

(gg) “Registry” shall refer to the Philippine Registry of Cultural Property which is the registry of all cultural property of the country deemed of significant importance to our cultural heritage.

(hh) “Restoration” shall refer to the action taken or the technical intervention to correct deterioration and alterations.

(ii) “Tangible cultural property” shall refer to a cultural property with historical, archival, anthropological, archaeological, artistic and architectural value, and with exceptional or traditional production, whether of Philippine origin or not, including antiques and natural history specimens with significant value.

     Sec. 5. Cultural Property Considered Important Cultural Property. - For purposes of protecting a cultural property against exportation, modification or demolition, the following works shall be considered important cultural property, unless declared otherwise by the pertinent cultural agency:

 

     Unless declared by the Commission,

 

     (a) Works by a Manlilikha ng Bayan;

 

     (b) Works by a National Artist;

 

     Unless declared by the National Museum,

 

     (c) Archaeological and traditional ethnographic materials;

 

     Unless declared by the National Historical Institute,

 

     (d) Works of national heroes;

 

     (e) Marked structure;

 

     (f) Structures dating at least fifty (50) years old; and

 

     Unless declared by the National Archives,

 

     (g) Archival material/document dating at least (50) years old.

 

     The property owner may petition the appropriate cultural agency to remove the presumption of important cultural property which shall not be unreasonably withheld.

 

     Sec. 7. Privileges for Cultural Property. - All cultural properties declared as national cultural treasures and national historical landmarks, sites or monuments shall be entitled to the following privileges.

 

     (a) Priority government funding for protection, conservation and restoration;

 

     (b) Incentive for private support of conservation and restoration through Commission's Conservation Incentive Program for national cultural treasures;

 

     (c) An official heritage marker placed by the cultural agency concerned indicating that the immovable cultural property has been identified as national cultural treasures and/or national historical landmarks, sites or monuments; and

 

     (d) In times of armed conflict, natural disasters and other exceptional events that endanger the cultural heritage of the country, all national cultural treasures or national historical landmarks, sites or monuments shall be given priority protection by the government.

 

     All cultural properties declared as important cultural property may also receive government funding for its protection, conservation and restoration. An official heritage marker shall likewise be placed on an immovable cultural property to identify the same as important cultural property.

 

     Sec. 12. Designation of Heritage Zones. - The National Historical Institute and the National Museum, in consultation with the Commission and the Housing and Land Use Regulatory Board or other concerned agencies, shall designate heritage zones to protect the historical and cultural integrity of a geographical area.

 

     Sec. 13. Maintenance of Heritage Zones. - A heritage zone shall be maintained by the local government unit concerned, in accordance with the following guidelines:

 

     (a) Implementation of adaptive reuse of cultural property;

 

     (b) Appearance of streets, parks, monuments, buildings, and natural bodies of water, canals, paths and barangays within a locality shall be maintained as close to their appearance at the time the area was of most importance to Philippine history as determined by the National Historical Institute; and

 

     (c) Local government units shall document and sustain all sociocultural practices such as, but not limited to, traditional celebrations, historical battles, recreation of customs, and the reenactment of battles and other local customs that are unique to the locality.

 

     Sec. 22. Renaming of Historical Streets, Buildings Designated as Cultural Treasure or Important Cultural Property. - The names of historical streets, parks, buildings, shrines, landmarks, monuments and sites designated as national cultural treasures or important cultural property shall not be allowed to be renamed by local or national legislation, unless approved by the National Historical Institute, and only after due hearing on the matter. Furthermore, for changes of names done to historical streets, parks, buildings, shrines, landmarks, monuments, and sites prior to the effectivity of this Act, the National Historical Institute may direct the local government units to restore their original names, also after due hearing.

 

     Sec. 35. Tax Exemptions on Donations. - All donations in any form to the Commission and its affiliated cultural agencies shall be exmpt from 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.

 

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

 

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

 

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

 

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

 

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

Plaza System in the Philippines: A Spanish Colonial Legacy

 

                                                Photo: https://issuu.com/theseagull/docs/borderless_2023/s/20204510

The plaza system or complex during the Spanish period in the Philippines was a central aspect of the Spanish colonial government's urban planning and governance. It played a crucial role in the colonization and conversion of the archipelago. The plaza system was not only a physical space but also a symbol of power and control that enabled the Spanish rulers to maintain their authority over the local population.

Historically, the plaza system dates back to the early Spanish colonial period in the Philippines, which began with the arrival of Ferdinand Magellan in 1521. As the Spanish solidified their control over the islands, they established settlements and built towns following a grid pattern. These towns were typically centered around a plaza, which served as the heart of the community.

 

The plaza was a multi-purpose space that fulfilled various functions. It served as a place for religious activities, such as processions, fiestas, and religious ceremonies. It also functioned as a social gathering place for the locals, who would interact and socialize with each other in the plaza. Furthermore, the plaza was also used as a site for military drills and parades, exhibiting the Spanish military power to the local population.

The plaza system played a crucial role in the colonization and conversion of the Philippines. By establishing a plaza at the center of each town, the Spanish effectively brought the Spanish way of life to the local population. The plaza became a symbol of Spanish power and control, representing the assimilation of the native population into the Spanish colonial system.

 

As time went on, the plaza system evolved and developed. Eventually, the plaza became more elaborate, with the construction of grand structures such as churches, government buildings, and schools surrounding it. These buildings were designed to display the wealth and power of the Spanish rulers and Catholic Church.

 

The importance of the plaza system can still be seen today, as many Philippine towns and cities still maintain their colonial-era plaza complexes. These plazas continue to serve as gathering places for the local population. They are venues for various events, including concerts, festivals, and civic activities. The plaza remains a significant part of Filipino identity and serves as a testament to the country's colonial past.

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Planned Unit Development: Pros and Cons

 

                          Image from: https://www.planetizen.com/definition/planned-unit-development

What Is a Planned Unit Development?

A planned unit development (PUD) is a mixed-use residential community that offers residents the benefits of traditional homeownership with additional conveniences such as access to retail stores, recreational spaces, and even schools. Commonly built in suburban or urban areas, PUDs can consist of single-family homes, condominiums, or townhomes.

Property owners in PUD communities own their house and the lot it is built on and are usually required to belong to a homeowners’ association (HOA) or similar governing organization. They pay HOA dues to access and maintain the amenities and landscaping in common areas. The HOA may also set ground rules around subletting, upkeep, parking, and visitors that residents must follow.

What Are the Advantages of a Planned Unit Development?

 

Property owners enjoy many distinct conveniences unique to PUD living:

1. Convenience: One of the major selling points of living in a PUD is convenience. These communities are designed to be like self-sufficient small towns. From access to recreational facilities, like swimming pools, tennis courts, or gyms, to convenient shops such as groceries or pharmacies, PUD residential developments aim to make life as convenient as possible.

2. Community: Another added benefit of these amenities is ample space and opportunity to socialize with your neighbors. PUDs can foster a tight-knit community, which can be especially beneficial for young families or retirees.

3. Land ownership: People who purchase a home in a PUD own the dwelling and the plot of land it sits on. The ability to own the house and the land make PUDs more like traditional homeownership than condo or townhouse ownership.

4. Maintenance: PUDs generally take care of the maintenance in common areas, ensuring the community stays clean and welcoming. Some PUDs may even provide maintenance for individual unit owners’ yards.

What Are the Disadvantages of a Planned Unit Development?

 

Here are a few drawbacks of living in a planned unit development:

1. Fees: The myriad benefits of living in a PUD home come at a cost. Even though a PUD often offers various housing types at different prices to fit your budget, most still require owners to pay monthly HOA fees on top of property costs to maintain the common areas and open spaces.

2. Regulations: The rules and regulations governing a PUD come with many benefits that alleviate some responsibilities of homeownership, but these rules may be too restrictive for some potential residents. Although the strictness varies from PUD to PUD, some homeowners may find these guidelines, which can regulate everything from guest parking to home exteriors, to be too paternalistic. If you dream of a brightly colored home or a flamboyant garden, a PUD property may not be for you.

3. Space: Housing units in PUDs are commonly built close together, which means proximity to your neighbors. Some might enjoy the community this can foster, while others might prefer living in a location where privacy and land are in ample supply.

4. Zoning: From a real estate developer’s perspective, one drawback to building a PUD is that the zoning laws are more complicated than standard zoning laws. The mix of residential, commercial, and recreational spaces can add extra bureaucratic steps and costs and time for completion. These zoning regulations may also affect how mortgage lenders consider your loan application and the type of loan you qualify for.

Source: https://www.masterclass.com/articles/planned-unit-development-guide#4VWWtazxh1ApasAoGNAQHd

Urbanization: Some Key Terms and Definition

URBAN GROWTH

The (relative or absolute) increase in the number of people who live in towns and cities. The pace or urban population growth depends on the natural increase of the urban population and the population gained by urban areas through both net rural-urban migration and the reclassification of rural settlements into cities and towns.

 

URBANIZATION

–  The portion of a country that is urban

–  Changes in the proportion of the population of a nation living in urban places (demographics)

–  Process of people moving to cities or other densely settled areas

–  Changes in social organization resulting from population concentration

–  In other words, the process by which rural areas are transformed into urban areas

 

RATE OF URBANIZATION

–  The increase in the proportion of urban population over time, calculated as the rate of growth of the urban population minus that of the total population. Positive rates of urbanization result when the urban population grows at a faster rate than the total population.

–   

CITY PROPER

–  The population living within the administrative boundaries of a city

 

URBAN AGGLOMERATION

–  The population of a built-up or densely populated area containing the city proper, suburbs and continuously settled commuter areas or adjoining territory inhabited at urban levels or residential density

 

METROPOLITAN AREA/REGION

–  A formal local government area comprising the urban area as a whole and its primary commuter areas, typically formed around a city with a large concentration of people (i.e a population of at least 100,000)

–  In addition to the city proper, a metropolitan area includes both the surrounding territory with urban levels of residential density and some additional lower-density areas that are adjacent to and linked to the city (e.g., through frequent transport, road linkages or commuting facilities). Example of metropolitan areas include Greater London and Metro Manila.

 

URBAN SPRAWL

–  Also “horizontal spreading” or “dispersed urbanization”. The uncontrolled and disproportionate expansion of an urban area into the surrounding countryside, forming low-density, poorly planned patterns of development.

–  Common in both high-income and low-income countries, urban sprawl is characterized by a scattered population living in a separate residential areas, with long blocks and poor access, often over dependent on motorized transport and missing well defined hubs of commercial activity.

 

PERI-URBAN AREA

–  An area between consolidated urban and rural regions

 

MEGACITY

–  An urban agglomeration with a population of 10 million or more.

 

METACITY

–  A major conurbation- a megacity of more than 20 million people. As cities grow and merge, new urban configurations are formed. These include mega regions, urban corridors and city regions.

 

MEGAREGION

–  A rapidly growing urban cluster surrounded by low density hinterland, formed as a result of expansion, growth and geographical convergence of more than one metropolitan area and other agglomerations. Common in North America and Europe, mega-regions are now expanding in other parts of the world and are characterized by rapidly growing cities, great concentrations of people (including skilled workers), large markets and significant economic innovation and potential.

–  Examples include the Hong Kong-Shenzhen-Guangzhou megaregion (120 million people) in China and the Tokyo-Nagoya-Osaka-Kyoto-Kobe mega-region (predicted to reach 60 million by 2015) in Japan.

 

URBAN CORRIDOR

–  A linear ‘ribbon’ system of urban organization: cities of various sizes linked through transportation and economic axes, often running between major cities. Urban corridors spark business and change the nature and function of individual towns and cities, promoting regional economic growth but also often reinforcing urban primacy and unbalanced regional development.

–  Examples include the industrial corridor developing between Mumbai and Delhi in India; the manufacturing and service industry corridor running from Kuala Lumpur, Malaysia, to the port city of Klang; and the regional economic axis forming the greater Ibadan-Lagos-Accra urban corridor in West Africa

 

CITY-REGION

–  An urban development on a massive scale: a major city that expands beyond administrative boundaries to engulf small cities, towns and semi-urban and rural hinterlands, sometimes expanding sufficiently to merge with other cities, forming large conurbations that eventually become city-regions.

–  For example, the Cape Town city-region in South Africa extends up to 100 kilometers, including the distances that commuters travel every day. The extended Bangkok region in Thailand is expected to expand another 200 kilometers from its center by 2020, growing far beyond its current population of over 17 million.

 

References: UPOU PPT Lecture

Approaches in Spatial Analysis

 

In his doctoral thesis titled Spatial Analysis in Support of Physical Planning (2003),  Eric Koomen emphasizes the important role of spatial analysis in the formulation and evaluation of physical planning initiatives. To carry out this role, one must be knowledgeable about the application of different approaches in spatial analysis in such a way that it will correspond or will respond to the planning issues at hand.

 

Koomen enumerates these spatial analysis approaches as follows:

 

1.    Transformation

Transformation methods form the basis of data visualisation and essentially change a certain form of data representation into another to enhance specific features.

 

Two commonly applied transformation methods are: classification and filtering.

 

Classification is used to diminish the variability in data values and can emphasize a certain portion of a spatial data set. By adjusting the classification in a visual representation of a data set specific phenomena can be enhanced or obscured, indicating that the selection of the appropriate class boundaries is crucial.

 

Filtering changes the value at each location in a data set based on the original values at that location and its surroundings.

 

2.    Aggregation

 

Spatial aggregation methods reduce the individual values of a data set to a single value for a specified region or the whole study area. The latter aggregation reduced the number of spatial dimension of the data set from 2 to 0, creating a non-spatial indicator or index value. This loss of spatial information is compensated by the delivery of a clear, unequivocal summary of the original content. Aggregation can also be performed at a regional level, producing a new much coarser representation of the original data. Spatial aggregation methods either deliver spatial or non-spatial indicator values depending on the use of the spatial character of the original data. Aggregations based on general averages or total values are non-spatial as these are independent of the original spatial configuration of the data. The average size of certain types of interconnected areas (average size of all urban areas) is considered a spatial indicator value as this depends on how the urban areas are connected.

 

3.  Combination

Combination of different spatial data layers is one of the key functions of GIS and it offers a powerful tool to provide an overview on many different data sets in one new integrated representation. By overlaying different data layers it is also possible to create a new data layer instead of merely visualising a result. The overlay operation is thus a typical spatial analysis operation available in any proper GIS. A classic example of this type of analysis is to define the area of overlap of two or more separate data layers indicating, for example, the area where new developments are not permitted following a large set of zoning regulations. Overlays are well suited to compare several data layers in a structured manner. Basically three different comparison options can be distinguished (Muehrcke, 1973):

 

1. a data set with another data set that represents the truth as is common in, for example, validation exercises;

2. a data set with another data set, for example, to compare the development over time of a specific phenomenon or to study spatial patterns of related spatial phenomena;

3. a data set with a theoretical data set, to test assumed relations.

 

4.      Valuation

Valuation is an appropriate tool to help interpret the results of spatial analysis operations. By applying a normative and consequently subjective classification operation to analysis outcomes their value is better understood. In essence, this is not a spatial analysis method since it, generally, only applies to non-spatial valuation functions. The main aim of valuation is to make the content of related data sets comparable. It is a common tool in environmental impact assessments and decision support systems that aim to provide clear, easily interpreted outcomes to policy makers and stakeholders. Simple valuation exercises result in a limited number of categories distinguishing, for example, positive, negative or neutral outcomes in relation to a reference value. Monetary valuation that is common in, for example, cost benefit analyses is an example of a more elaborate valuation method.

 

5.        Proximity analysis

A classic type of GIS-assisted analysis deals with the assessment of distance, normally expressed as proximity. Buffer analyses that create zones of influence (e.g. noise contours around roads) surrounding different types of shapes are typical examples of proximity analysis. Plain distance maps that describe the Euclidian or other type of distance to a specified object (e.g. railroad, city centre) offer useful input to various forms of spatial statistical analysis that, for example, aim to explain specific spatial phenomena.

 

6.       Simulation

By describing the relevant relations of a system it is possible to simulate its future state. A common form of simulation (or modelling) is applied in impact assessments that describe the possible consequences of a specific event or policy. Such assessments follow predefined cause-effect relations that are made operational by one or more of the spatial data analysis methods described before. More complex examples of simulation are offered by the models that simulate, for example, the groundwater or land-use system.

 

In addition to these Koomen’s approaches is the Hot Spots Analysis as described below.

 

7.    Hot Spots Analysis

This tool identifies statistically significant spatial clusters of high values (hot spots) and low values (cold spots). It automatically aggregates incident data, identifies an appropriate scale of analysis, and corrects for both multiple testing and spatial dependence. This tool interrogates your data in order to determine settings that will produce optimal hot spot analysis results. If you want full control over these settings, use the Hot Spot Analysis tool instead. (http://desktop.arcgis.com/en/arcmap/10.3/tools/spatial-statistics-toolbox/optimized-hot-spot-analysis.)

Source:

Koomen, Eric Spatial Analysis in Support of Physical Planning (2003)