- Implementing Rules and Regulations of RA 10086 (Strengthening People's Nationalism through Philippine History Act of 2010)
- IRR-RA 10086
April 7, 2011
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10086, OTHERWISE KNOWN AS THE "
Pursuant to Section 27 of
WHEREAS, said law takes effect on June 13, 2010 after publication in two leading newspapers;
WHEREAS, said law changes the nomenclature of the National Historical Institute into the National Historical Commission of the Philippines;
WHEREAS, the National Historical Commission of the Philippines, herein referred to as the Commission, is mandated to implement said law; ADCIca
WHEREAS, Section 27 of
NOW THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED that pursuant to the above provision of the law, the following Implementing Rules and Regulations are hereby adopted:
Scope, Interpretation and Objectives
ARTICLE 1. Interpretation. These rules, which shall be referred to as IRR of the Commission, shall be interpreted in the light of Section 2 of
"It is the policy of the State to conserve, promote and popularize the nation's historical and cultural heritage and resources. Pursuant to the Constitution, 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.
Toward this end, the State shall provide the means to strengthen people's nationalism, love of country, respect for its heroes, and pride for the people's accomplishments, by reinforcing the importance of Philippine national and local history in daily life with the end in view of raising social consciousness; reinvigorating government support for historical research; and sustaining and enhancing programs for the protection, preservation and conservation of historical relics and memorabilia, monuments, sites and other historical resources."
ARTICLE 2. Popularization of History.
Scope and Coverage
ARTICLE 3. Scope. These rules shall cover all matters pertaining to Philippine history; the conduct of historical research; the scientific research, documentation, conservation and restoration of historical relics and memorabilia and other movable and immovable objects; the operation and management of national historical shrines and landmarks as history museums; the recognition of historical sites, structures, events and personages through historical markers; heraldry and government emblazonry; and the promotion and popularization of the nation's history and heritage.
ARTICLE 4. Purpose. These Implementing Rules and Regulations (IRR) are hereby promulgated to prescribe the standards and guidelines for the implementation and enforcement of
ARTICLE 5. Objectives. Consistent with the provisions of
(a) Realize the Constitutional mandate to conserve, promote and popularize the nation's history and heritage;
(b) Define the operational structure of the Commission;
(c) Identify and strengthen the programs and policies of the Commission;
(d) Implement programs, activities and projects that will ensure respect for historical heritage; and
(e) Strengthen people's nationalism through Philippine History. EDHCSI
Definition of Terms
ARTICLE 6. Definition of Terms. For purposes of this IRR, the following definition of terms is hereby adopted:
(a) Built Heritage refers to architectural and engineering structures, such as bridges, government buildings, houses of ancestry and worship, traditional dwellings, technological and industrial complexes and their settings, streets, and landscapes with notable historical and cultural significance;
(b) Classified Structure refers to a structure and site marked and recorded in the National Registry of Historic Sites and Structures of the Commission;
(c) Conservation refers to all processes and measures of maintaining and safeguarding the significance of a historical/cultural property, including, but not limited to physical, social or legal preservation, restoration, reconstruction, protection, adaptation or any combination thereof;
(d) Documentation refers to the recording in a permanent format of information derived from research, conservation and other activities of the National Historical Commission of the Philippines (NHCP);
(e) Heraldic item shall mean coat of arms, seal, logo, insignia, badge, flash, patch, order and decoration, medal, star, citation, lapel pin, trophy, dry wax or wet seal, and imprint on letterhead, envelope and card that are used to represent a government agency or event;
(f) Heritage House refers to a house of ancestry with important historical, cultural, social, architectural and artistic value and significance as declared by the Commission;
(g) History refers to the record of people, places and events in the past; the discipline involving the study of people, places and events in the past;
(h) History Museum refers to a place where relics and memorabilia and other resources pertaining to important people, places and events in the past are thematically presented and systematically preserved, catalogued or displayed for public appreciation and education;
(i) Historic Site refers to a place with important historical significance as declared by the Commission;
(j) Historical Relics/Memorabilia refer to objects valued for their association to historical personages or events;
(k) Historical Research refers to the scholarly investigation of people, places and events in the past;
(l) Historical Street name refers to a street name that has been in existence for at least fifty (50) years;
(m) Historical Writing refers to the coherent, narrative, and scholarly documentation of people, places and events in the past;
(n) Historical/Cultural Property refers to objects, collections, specimens, sites or structures, identified as having historical significance as well as cultural value;
(o) National Historical Landmark refers to a place, building or ruins associated with an event or achievement significant to Philippine History as declared by the Commission;
(p) National Historical Monument refers to a structure erected as a memorial to a great hero or event in Philippine history declared by the Commission;
(q) National Historical Shrine refers to a site or structure hallowed and revered for its association to national heroes or historical events declared by the Commission;
(r) National Registry of Historical Sites and Structures refers to the records and documentation of all historic sites and structures of the country which are maintained by the Commission;
(s) Philippine history refers to the study of people, events and places from the dawn of the recorded past of the Philippines to contemporary period; SIcCTD
(t) Preservation refers to all activities that employ means to control, minimize or prevent damage or deterioration to historico-cultural property;
(u) Restoration refers to the action taken or the technical intervention to correct deterioration and alterations on historico-cultural property and revert it to its known or assumed state.
National Historical Commission of the Philippines
ARTICLE 7. Renaming of the National Historical Institute. The nomenclature of the National Historical Institute (NHI), established pursuant to
ARTICLE 8. The Commission. The NHCP shall be an independent agency under the other Executive Offices of the Office of the President and attached to the National Commission for Culture and the Arts (NCCA).
ARTICLE 9. General Mandate. The NHCP is the primary government agency responsible for history and has the authority to determine all factual matters relating to official Philippine history.
ARTICLE 10. Functions of the Commission. Under Section 5 of
(a) Conduct and support all kinds of research relating to Philippine national and local history;
(b) Develop educational materials in various media, implement historical educational activities and disseminate information regarding Philippine historical events, places and personages;
(c) Undertake and prescribe the manner of historic preservation and protection of the country's movable and immovable objects;
(d) Identify, manage, operate and administer national shrines, landmarks, sites and edifices of significant historical value;
(e) Resolve historical controversies; and
(f) Implement and enforce special laws where the Commission has been designated as implementing agency.
Structure and Staffing Pattern
ARTICLE 11. The Board. The Commission shall be governed by a nine (9) member Board, hereinafter to be referred to as the Board, to formulate and implement policies relating to its mandate.
ARTICLE 12. Powers and Functions of the Board. The Board of the Commission shall exercise the following powers and functions:
(a) Conduct and encourage all manner of research pertaining to Philippine national and local history;
(b) Acquire whether by purchase, bequest, loan, exchange or donation, important historical documents, collections, memorabilia and other objects that have significant historical value as well as real property, buildings and other structures for the purpose of preserving, restoring and conserving their significant historical value;
(c) Maintain appropriate facilities to store or house relics/memorabilia/historical objects in facilities maintained by the Commission;
(d) Establish measures or guidelines for the management of its collections and their protection from damage or loss; DEAaIS
(e) Determine the manner of identification, maintenance, restoration, conservation, preservation and protection of historic sites, shrines, structures and monuments;
(f) Approve the declaration of historic structures and sites such as national shrines, monuments, landmarks and heritage houses;
(g) Prescribe the manner of celebration or commemoration of significant events pertaining to Philippine history;
(h) Initiate and, in cooperation with the appropriate government or private entity, promote programs for the popularization of Philippine history such as, but not limited to, the integration of the subject of history into the school curriculum;
(i) Promulgate rules and procedures with respect to resolving issues or conflicts on Philippine history;
(j) Conduct public hearings and ocular inspections or initiate factual investigations with respect to disputed historical issues, including change of street names, for the purpose of declaring official historical places, personages and events;
(k) Implement and enforce
(l) Secure and receive local, bilateral and international donations, grants and endowments in support of the Commission's programs and projects;
(m) Develop and implement consortium agreements to link other government agencies and/or private individuals and organizations that support the Commission's mandate;
(n) Regulate activities pertaining to the preservation, protection and development of historic sites and structures including movable objects;
(o) Generate funds from government or private sources, local or international, for the Commission's programs and projects;
(p) Collect reasonable fees for the use of the Commission's resources and for technical services rendered, as well as entrance fees to its Shrines and Landmarks;
(q) Approve grants, create committees or deputize individuals, affiliated organizations, government and non-government organizations for the Commission's projects;
(r) Approve the annual budget of the Commission before its presentation to the Department of Budget and Management (DBM) and Congress;
(s) Recommend to the President of the Republic of the Philippines qualified candidates for appointment to the position of Executive Director of the Commission;
(t) Appoint the Deputy Executive Directors of the Commission; and
(u) Exercise oversight functions over the administrative operations of the Commission.
ARTICLE 13. Responsibilities. The members of the Board shall attend regular and special meetings to formulate policies and undertake its functions as stated in Section 7 of
ARTICLE 14. Voting Rights. The members of the Board shall each have one vote. A representative who attends in behalf of the regular member shall be allowed to vote when duly authorized to do so in writing by the member being represented. Only the regular members can vote on matters relating to historical research and similar academic concerns.
ARTICLE 15. Compensation. All non-ex-officio members of the Board, or in their absence, their official representative to the meeting, shall receive appropriate compensation, subject to existing rules and regulations as prescribed by the Department of Budget and Management (DBM). Ex-officio members of the Commission or their duly authorized representative shall receive appropriate compensation and other benefits in accordance with the rules prescribed by DBM, subject to existing rules and regulations. SaTAED
ARTICLE 16. Composition of the Board. The Board shall be composed of five (5) distinguished historians or any person in any allied field supportive of history representing the private sector who shall serve as regular members and who shall be appointed by the President of the Republic of the Philippines. The following shall serve as ex officio members:
(a) The Director of the National Archives of the Philippines;
(b) The Director of the National Library of the Philippines;
(c) The Director of the National Museum of the Philippines; and
(d) The Executive Director of the Commission.
ARTICLE 17. Qualifications of Regular Members of the Board. No person shall be appointed or elected to the Board unless he/she possesses the following minimum qualifications:
(a) A natural-born citizen of the Republic of the Philippines;
(b) At least thirty-five (35) years of age;
(c) Of good moral character;
(d) Has distinguished himself/herself in the field of Philippine history or any allied field supportive of history; and
(e) Has published works in Philippine history and other academic fields recognized by scholars and the reading public.
ARTICLE 18. Term of Office for Regular Members. The regular members of the Board shall serve a term of four (4) years. The first five (5) appointees pursuant to this law shall hold office under the following staggered terms, namely: two (2) appointees will have a full term of four (4) years; two (2) appointees will have a term of three (3) years; and the remaining appointee shall have a term of two (2) years. The regular members shall not serve for more than two (2) consecutive terms. Appointments to any vacancy shall only be for the unexpired portion of the term of the predecessor. In no case shall a member be appointed or designated in a temporary or acting capacity.
ARTICLE 19. Election of the Chairperson. The Board shall be headed by a Chairperson who shall be elected from among the regular members in an election to be participated in by all the members of the Board.
ARTICLE 20. Term of Office of the Chairperson. The Chairperson shall have a term of three (3) years and shall not serve more than two (2) consecutive terms.
ARTICLE 21. Functions of the Chairperson. The Chairperson, with Undersecretary Rank, is the head of the agency and shall represent and act in full capacity for the Board in all matters pertaining to the Commission. He or she is entitled to appropriate compensation and other benefits for services rendered, subject to existing rules and regulations. As the public face of the Commission, the Chairperson shall:
(a) Provide leadership in the realization of the vision and mission of the Commission;
(b) Advise the President of the Republic of the Philippines and Congress on matters relating to Philippine history;
(c) Preside over meetings of the Board;
(d) Propose the agenda for meetings of the Board;
(e) Exercise oversight functions to ensure the implementation of policies, decisions and resolutions of the Board;
(f) Represent the Commission on official matters;
(g) Represent the Commission in the Board of the NCCA and other agencies where the head of the Commission sits; and
(h) Perform such other functions or duties which the President of the Republic of the Philippines or the Board may delegate.
Meetings of the Board
ARTICLE 22. Regular Meetings. The Board shall meet at least once a month at the Commission's Board Room. Regular and special meetings can also be held at a place and time approved by a majority of the members.
ARTICLE 23. Special Meetings. Special Commission meetings may be called by the Chairperson, or upon a request from the majority of the members, for urgent matters and shall be held at the Commission's Board Room. DTCAES
ARTICLE 24. Quorum. A majority of the Commissioners or their authorized representatives shall constitute a quorum.
ARTICLE 25. Referendum. The Chairperson may authorize urgent matters to be circulated in referendum. In such cases, approval of a majority of the members of the Board shall be sufficient for action. Such matters approved in referendum shall be submitted to the Board at its next meeting for confirmation or ratification.
ARTICLE 26. Rules of Procedure. The Commission may adopt rules of procedure as it may deem appropriate.
The Board Secretariat
ARTICLE 27. Composition. The Board Secretariat shall be composed of the Executive Director as Head, the Deputy Executive Director for Administration and the Deputy Executive Director for Programs and Projects as members and shall be compensated for every meeting they attend, subject to existing rules and regulations. The Secretariat, with the support of the NHCP staff, shall provide administrative and technical support to the Board and other organizational units created within the Commission.
ARTICLE 28. Functions. The Board Secretariat shall exercise the following functions:
(a) Assist the Commission in formulating policies and programs;
(b) Establish and maintain a system for the implementation of policies, programs, etc.;
(c) Facilitate the review, evaluation, and approval of programs and projects;
(d) Prepare the Commission's annual report to the President of the Republic of the Philippines and the Congress, subject to the final approval of the Board;
(e) Oversee the implementation of approved Commission projects;
(f) Undertake other activities that are necessary to achieve the foregoing functions or such other activities as maybe directed or delegated by the Chairperson.
The Executive Director and the Deputy Executive Directors
ARTICLE 29. The Executive Director. The Executive Director shall be appointed by the President of the Republic of the Philippines. He/She shall have a rank equivalent to a Bureau Director.
ARTICLE 30. Functions of the Executive Director. The Executive Director shall have the following functions:
(a) Act as the secretary to the Board;
(b) Implement the policies and programs approved and promulgated by the Board;
(c) Administer the day-to-day operations of the Commission;
(d) Represent the Commission in meetings when authorized or delegated by the Board; and
(e) Perform such other functions assigned by the Board.
Further, the Planning Section and the Information and Communication Technology Section of the Commission shall be under the Office of the Executive Director with the following functions:
(a) Planning Section shall provide proactive planning tools and information and ensure that divisional resource plans are consistent with the Commission's priorities and functions; be responsible for the planning of the Commission's annual and medium-term development plans anchored on the Culture Sector of the National Economic Development Authority's (NEDA) Medium Term Priority Development Plan; and monitor programs and projects so that resources are efficiently and effectively utilized.
(b) Information and Communication Technology (ICT) Section shall formulate an efficient and effective ICT policy and plan, and maintain proper and smooth operation of information systems of the Commission. EHSTDA
ARTICLE 31. The Deputy Executive Directors. The Executive Director shall be assisted by a Deputy Executive Director for Administration and a Deputy Executive Director for Programs and Projects. The Deputy Executive Directors shall be appointed by the Board.
ARTICLE 32. Qualifications of the Executive Director and Deputy Executive Directors. No person shall be appointed or designated as Executive Director and Deputy Executive Directors of the Commission unless he/she possesses the following minimum qualifications in accordance with existing civil service rules and regulations on qualifications required for the positions:
(a) A natural-born citizen of the Republic of the Philippines;
(b) Of good moral character;
(c) Holder of any four (4)-year college degree, preferably with masters degree or has completed academic requirements in government management or public administration;
(d) Has at least five (5) years of actual and relevant experience in managing a government agency in the case of the Executive Director and three (3) years experience in the case of the Deputy Executive Directors; and
(e) Has career executive service officer (CESO) eligibility only with respect to the Deputy Executive Director position.
ARTICLE 33. Functions of the Deputy Executive Director for Administration. The Deputy Executive Director for Administration shall have the following functions:
(a) Assist the Chairperson and the Executive Director in overseeing the administrative functions of the Commission in compliance with existing government policies and regulations;
(b) Manage, direct and oversee the functions of the Finance and Administrative Division of the Commission;
(c) Review contracts and other legal documents that are administrative in nature;
(d) Coordinate, monitor and implement government policies pertaining to administrative and financial matters affecting the Commission; and
(e) Undertake other functions that may be assigned from time to time.
ARTICLE 34. Functions of the Deputy Executive Director for Programs and Projects. The Deputy Executive Director for Programs and Projects shall have the following functions:
(a) Assist the Chairperson and the Executive Director in planning, organizing and directing the programs, projects, and activities of the Commission as approved by the Board;
(b)Coordinate and monitor activities of the divisions and supervise chief subordinates in conducting their activities in accordance with the plans and programs approved by the Board;
(c)Take initiative in establishing linkages between the Commission and other local and foreign institutions concerned with historical studies, heritage preservation, cultural agreements, and other projects and programs relevant to Philippine history and culture;
(d) Initiate programs on advocacy, excellence and public relations;
(e) Supervise the activities of the Local Historical Committee Network, which was created under Section 21 of
ARTICLE 35. Delegation of Authority. The Executive Director may, in writing, delegate the day-to-day operations of the Commission to either of the Deputy Executive Directors. Furthermore, he or she may delegate such authority to the Deputy Executive Directors to implement plans and programs. The delegation shall indicate the name of specific officer to which the delegation is made; shall indicate the duties and responsibilities delegated; shall indicate the length of period of delegated authority and shall vest sufficient authority to enable the delegate to discharge his/her assigned responsibility. TCIEcH
ARTICLE 36. Transitory Provisions. The incumbent Chairperson, Executive Director and Deputy Executive Director of the National Historical Institute (NHI) shall continue to serve in their respective capacities for one (1) year after the effectivity of this Act or until a new Chairperson and Executive Director shall have been appointed by the President of the Republic of the Philippines, and the two (2) new Deputy Executive Directors shall have been appointed by the Board.
All assets, fixed and movable, and all contracts, records and documents relative to the operations of the NHI are hereby transferred to the Commission.
All agreements and contracts entered into by the NHI shall remain in full force and effect unless otherwise terminated and modified or new amendments shall be issued by the Commission consistent with the provisions of
Officials and employees of the NHI shall be absorbed by the Commission on the basis of merit and fitness: Provided, That Officers and employees who shall be separated from the service as a result of the abolition of any of the divisions therein, shall be entitled to retirement and other separation benefits provided under existing laws.
ARTICLE 37. Expanded Mandate. Within one hundred twenty (120) days from the effectivity of
ARTICLE 38. Reorganization. The existing NHI divisions shall be retained in the Commission's structure, namely:
(a) Finance and Administrative Division (FAD)
(b) Historic Preservation Division (HPD)
(c) Historic Sites and Education Division (HSED)
(d) Research, Publications, and Heraldry Division (RPHD)
The Materials Research Conservation Division shall be created out of the Materials Research Conservation Section pursuant to Section 22 of this law. Said divisions shall be composed of sections and units as may be determined, and subject to periodical review as warranted, by the Commission.
Employees of the NHI shall be subsumed in the NHCP and, whenever qualified, be upgraded to their analogous positions. Employees opting to avail of an early retirement scheme shall be granted under the existing DBM guidelines.
ARTICLE 39. Special Qualification Standards for Technical and Scientific Positions. Subject to the rules and regulations of the DBM and CSC, the Commission shall establish special qualification standards for technical and scientific positions and employ the necessary staff for the following divisions, which shall be deemed under the supervision of the Deputy Executive Director for Administration and Deputy Executive Director for Programs and Projects, as the case may be:
(a) Finance and Administrative Division (FAD)
(b) Historic Preservation Division (HPD)
(c) Historic Sites and Education Division (HSED)
(d) Research, Publications, and Heraldry Division (RPHD)
(e) Materials Research Conservation Division (MRCD)
Historic Sites and Structures Documentation Center (HSSDC)
ARTICLE 40. HSSDC. A Historic Sites and Structures Documentation Center (HSSDC) shall be established within the Commission, replacing the existing Survey and Documentation Section, which shall be tasked with undertaking the survey, identification, documentation and recommendation for declaration of historic structures and edifices such as national shrines, monuments and landmarks or heritage houses by the NHCP Board and maintaining the National Registry of Historic Sites and Structures. ACIDTE
Local Historical Committees Network (LHCN)
ARTICLE 41. LHCN. The existing work of the agency on historical society affiliations shall constitute the Local Historical Committees Network (LHCN). The LHCN, under the supervision of the Deputy Executive Director for Programs and Projects, shall monitor, coordinate, support and upon approval of the Board, affiliate various local historical bodies engaged in the collection, documentation, popularization, conservation, restoration and preservation of extant historical materials found in different parts of the Philippines. It shall also record the oral histories of towns, cities, provinces, regions and peoples.
Civil Service Laws, Rules and Regulations, and Other Related Issuances
ARTICLE 42. CSC Rules and Regulations. All matters pertaining to human resource management and development in the Commission shall be governed by the Civil Service Commission's rules and regulations and other issuances.
Amendments to the Implementing Rules and Regulations
ARTICLE 43. Amendments. The Commission may amend, modify or supplement these Implementing Rules and Regulations when necessary for effective implementation and enforcement of
ARTICLE 44. Effectivity of Amendment. For any amendment to become fully effective and legally binding, publication of such in the Official Gazette shall be made mandatory.
ARTICLE 45. Tax Exemption on Donations. The provisions of any general or special law to the contrary notwithstanding:
(a) The NHCP shall be exempt from all taxes on its income;
(b) All donations in any form to the NHCP 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
(c) Importations of scientific, philosophical, historical and cultural books, supplies, and materials for the use in the conservation or preservation work of the NHCP and duly certified by the Board shall be exempt from customs duties.
ARTICLE 46. Revolving Fund. The income of the Commission not exceeding the amount of One Million pesos (P1,000,000.00) derived from proceeds from sales of publications, entrance fees and donations, fees for technical services, conferences and workshops, and other income shall be constituted as a revolving fund to augment the projects where the income was derived subject to government auditing rules and regulations; Provided, That, proceeds in excess of the aforementioned amount shall be remitted to the National Treasury and accrue to the General Fund.
ARTICLE 47. Funding. The amount necessary for the effective implementation of this Act shall be included in the annual General Appropriations Act. EcTCAD
Personnel Development and Incentives
ARTICLE 48. Training and Development Programs. The Commission shall provide training and development programs and incentives to its personnel such as:
(a) Scholarship grants, internship/fellowships, specialization courses and other programs with local and international partner institutions;
(b) Graduate studies, on official time, subject to the needs of the service, upon the approval of the Board and in accordance with CSC rules and regulations;
(c) Benefits provided to cultural workers and Science and Technology personnel certified as such by the Department of Science and Technology under
ARTICLE 49. Guidelines. The Commission hereby adopts, as part of the IRR, existing Guidelines and other pertinent issuances consistent with the provisions of
Separability, Repealing and Effectivity Clauses
ARTICLE 50. Separability Clause. If any provision of this IRR is held invalid or unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.
ARTICLE 51. Repealing Clause. The pertinent provisions of
ARTICLE 52. Effectivity Clause. These Rules shall take effect fifteen (15) days after publication in the Official Gazette.
Approved during the Board Meeting of April 7, 2011.
(SGD.) AMBETH R. OCAMPO
(SGD.) MARIA SERENA I. DIOKNO
(SGD.) FERDINAND C. LLANES
(SGD.) RENE R. ESCALANTE
(SGD.) FE BUENAVENTURA-MANGAHAS
(SGD.) ABRAHAM P. SAKILI
(SGD.) VICTORINO M. MANALO
(SGD.) ANTONIO M. SANTOS
(SGD.) JEREMY BARNS
(SGD.) LUDOVICO D. BADOY