GENERAL FUNCTIONS OF THE DIVISION

A. ENFORCEMENT

Personnel of the division are fielded to investigate reported violations of the law (R.A. 4846 as amended by P.D. 374) in coordination with the area law enforcement arm of the government - PNP, Coast Guard, as well as, local government and NGO officials Coordination with the local PNP's on enforcement campaign on PD 374

1. Registration/documentation, identification, authentication and registration of cultural properties in the possession of licensed dealers and private collectors
2. Licenses issuance of licenses to dealers, exporters and agents of cultural properties
3. Permits issuance of permits to:
 
a. explore/excavate archaeological sites
b. export cultural properties
4. Certificates issuance of certificates: a. of registration to collectors and dealers b. tax deduction to donors to the National Museum and other recognized institutions

Conducting studies which are relevant to Republic Act 4846 as amended by Presidential Decree 374 (Cultural Properties Protection and Preservation Act)

1. Letter of Instruction 1397: Accurate monitoring of cultural properties in government agencies, corporations, state colleges and universities 2. Presidential Decrees 260,375 and 756 : Work on a bibliography of immovable cultural properties as embodied in the said decrees

Conducting salvage (rescue) archaeology in disturbed or looted sites which may still yield artifacts and data for the study of Philippine Prehistory in collaboration with the Archaeology Division.

GUIDELINES
(For clienteles covered by R.A. 4846 as amended by P.D. 374)

I. LICENSES

A. Dealers/Exporters Requirements:
1. City or Municipal license;
2. Certificate of Registration with the Department of Trade with address of the establishment indicated for which the license is needed;
3. Certified statement of the inclusive numbers of the official invoices (sales and purchases)duly stamped by the BIR;
4. BIR license; with the address of the establishment indicated for which the license is needed;
5. Name and number of authorized agents (a maximum of ten [10] authorized agents are allowed each dealer/exporter);
6. List of their present stock inventory to be duly inspected and registered (stamped) by a National Museum representative;
7. Certification/affidavit attesting to the number of antique stores the dealer owns; and
8. Certification/affidavit with the names of relatives within the third degree of consanguinity or affinity who have antique stores.
B. Agents
1. Sworn statement of the licensed dealer or exporter allowing him to transact business in his behalf;
2. Police clearance from his permanent residence; and
3. Two (2) 1"x 1" most recent photographs.

- Request for registration/inspection of cultural properties should be done in writing. Phoned in requests will have to be scheduled by the personnel of the Registration Section.

1.1. Colored photograph of each item size: (3"x 5");

1.2. Deed of Sale or xerox copy of the Certificate of Registration from the National Museum of the previous owner if acquired from a private person or Sales Invoices (approved by the BIR) if the cultural properties were bought from licensed dealers; and

1.3 For paintings and sculptures, certification by the panel of experts for arts of the National Museum in addition to other requirements.

3. Cultural items in the home of private collectors should be so arranged that the National Museum personnel assigned to register/inspect such items would be able to work accordingly within a minimum time; collections of less than twenty (20) pieces should be brought to the National Museum;

4. Owners of cultural items for registration / inspection are requested to fetch and bring back the personnel of the National Museum. The personnel should be fetched early in the morning or afternoon to afford them ample time to work for they are not authorized to render overtime services;

5. Inform the National Museum before hand of the number of items to be registered/inspected and the number of stamps needed so that the personnel assigned could be guided accordingly;

6. Handy men should be provided to lift big and/or heavy objects such as jars, porcelains and the like for the National Museum personnel to inspect, and

7. The necessary payment should be remitted immediately. The cashier accepts only cash and/or money order.

B. Dealers/Exporters.

Requirements No. 2 to 6 for private collectors also apply here. Items to be registered should be listed following the format of the enclosure to the letter to dealers dated November23, 1992.

1. Bring the item/s intended for export to the National Museum for inspection and appraisal; never pack items without prior inspection and/or appraisal; (three days before departure)

2. Submit the following:

2.1 Xerox copy/ies of the sales invoices the numbers of which are in the authorized statement for printing invoices that are approved by the BIR and which were submitted to the National Museum by the dealers/exporters of cultural properties duly licensed by the National Museum; or

2.2 Notarized Certificate of Ownership (affidavit) of the items to be exported stating how these items were acquired in the absence of sales invoices; or

2.3 Certificate of Registration of the cultural properties to be exported duly prepared by authorized personnel of the CPD and approved by the Director of the National Museum, and

2.4 Complete address of the addressee should be submitted together with other papers. The National Museum reserves the right to deny issuance of an export permit to an exportee with an incomplete address.

Examples of Complete Address

IV. DONATIONS / TAX INCENTIVES:

1. All cultural properties intended to be donated to the National Museum should be brought to the office for proper appraisal and evaluation by the Panel of Experts convened by the Director for the purpose of determining the valuation thereof. The valuation fixed by the panel shall be the amount to be certified by the Director for Income Tax Deduction purposes;

2. Submit a Deed of Donation and Acceptance, and in case of monetary contribution, an Official Receipt issued by the recipient institution; and

3. Claims for Income Tax Deduction based on donation or support by private individuals or institutions for scientific and cultural expeditions, explorations, excavations, restoration and preservation projects for certification by the Director, shall be accompanied by; 3.1. Receipt and acceptance by the donee;

3.2 An approved project proposal, program of work or contract between donor and donee; and

3.3 Photographs of each item (colored 3"x 5") intended for donation with the description written at the back thereof. If there are more than five (5) items, a separate list with detailed description (same as at the back of the picture)

shall be provided. This will also satisfy requirement 1-d above for Income Tax Deduction.

PROCEDURE FOR SECURING A PERMIT TO EXPLORE / EXCAVATE ARCHAEOLOGICAL SITES (LAND AND MARINE).

1. Submit the following requirements to the Cultural Properties Division (C. P. D. ) :
a. Formal Letter of Intent addressed to the Director IV

b. For privately owned lots:

- letter from the lot owner allowing the applicant to conduct excavations on his/her property (this should be properly notarized)

For government owned properties - letter from the head of the government agency administering the said property allowing the applicant to conduct excavations inside the said property (duly notarized)

c. Latest Tax Declaration on the land

d. Samples of surface finds, if available

2. CPD will examine and evaluate the above-mentioned documents.

3. Applicant then proceeds to the Archaeology Division for the technical evaluation of the finds and/or interview for pertinent archaeological data.

4. Should this evaluation prove positive, the applicant is then referred back to the CPD for actual site and document verification. Personnel from the CPD and /or the Archaeology Division are to attend to this matter in the company of the applicant.

5. Should everything be in order, appropriate fees will be collected and a Permit to Explore/Excavate together with a Memorandum of Agreement is prepared by the CPD, signed by the Director and then issued to the applicant .

6. Supervision of the project is to be handled by the Archaeology Division.

7. Under no circumstances will any Division of the National Museum involved itself with treasure hunting ("treasure trove" as defined by UNESCO) or salvaging (as differentiated from rescue archaeology). Treasure hunting and salvaging categorically fall under the mandate Of the Office of the President, with specific and separate Presidential Decrees covering the said areas.

1. The applicant first confers with the Underwater Archaeology Section of the Archaeology Division for specific requirements (Rules and Regulations for Underwater Archaeology).

2. The applicant then submits the completed requirements (formal proposal) to the Underwater Archaeology Division.

3. Should evaluation of the proposal prove positive, the Archaeology Division will notify the Cultural Properties Division (CPD) so appropriate fees can be collected and the Permit to Explore/Excavate, As well as, the accompanying Memorandum of Agreement processed. These documents are then signed by the Director then issued to the applicant.

4. CPD personnel will then proceed to the site and coordinate with the local government, PNP and Coast Guard regarding the said project.

5. Archaeology Division personnel shall supervise and monitor all underwater archaeological activities.

Cultural Properties Division
National Museum
Executive House, P. Burgos Street Rizal Park, Manila
Tel. No. 527-12-16 / 527-66-15
Fax. No. 527-03-06

Email: sandy@fastmail.i-next.net
 
 

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