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RULES OF THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS (NCCA)
ON PLEADING AND PRACTICE IN HERITAGE CASES
The National Commission for Culture and the Arts (NCCA) pursuant to its powers and
functions under Republic Act 7356 [Law Creating the NCCA] and Republic Act 10066
(National Cultural Heritage Act of 2009] and their implementing Rules and Regulations
resolves as it is hereby resolved to promulgate the following Rules on Pleading.
Practice and Procedure.
RULE I
TITLE AND CONSTRUCTION
SECTION 1. TITLE OF THE RULES These rules shall be known as the Rule of the
NCCA on Pleading. Practice and Procedure in Heritage Cases.
SECTION 2. APPLICABILITY OF THE RULES These Rules shall apply to all heritage
cases involving petitions for declaration delisting, appeals on issuance of export
permits, issuance of cease and desist orders, compulsory repair orders and violations of
the prescriptive provisions of Republic Act 10066.
SECTION 3. CONSTRUCTION OF THE RULES These Rules shall be liberally
construed in order to achieve the objectives of conservation of cultural heritage and to
parties in obtaining just, speedy and inexpensive disposition of heritage cases
SECTION 4. NATURE OF PROCEEDINGS Subject to the basic requirements of due
process. proceedings before the Commission shall be summary in nature. The technical
rules on evidence obtaining in courts of law shall not bind the Commission. The Rules of
Court shall not apply in proceedings before the Board except by analogy or in a
suppletory character and only whenever applicable
RULE II
DEFINITION OF TERMS
SECTION 5. Definition of Terms
(a) Adjudication shall mean the determination of a controversy and a
pronouncement of a judgment as soon as the NCCA acquires jurisdiction after satisfying
the procedural requirements from the Regional level based on evidence presented,
implies a final judgment of the court or other body deciding on the matter as opposed to
a proceeding in which the merits of the cause of action were not reached
(b) Board shall mean the Board of Commissioners of the National Commission for
Culture and the Arts (NCCA) as created under Republic Act 7356
(c) Cease and Desist Order (CDO) shall refer to a formal demand immediately
directing a person, facility, or any business entity to stop or refrain from doing,
conducting an act or continuing a particular activity or course of action in violation of
heritage laws rules and principles and the NCCA mandate over World Heritage property
and works of National Artists, such as but not limited to the demolition of sites or
portions thereof, marked as World Heritage or doing a particular act expressly
prohibited by heritage laws
(d) Formal Lifting Order (FLO) shall refer to an older from the Board permanently
setting aside the Cease and Desist Order for a particular violation alter satisfactory
compliance with the conditions set by the Board
(e) Person or Persons shall include any being, natural or juridical, susceptible of
rights and obligations or of being the subject of legal relations
(f) Temporary Lifting Order (TLO) shall mean an order issued by the Board, after a
satisfactory showing of the respondents compliance with specified conditions, to
provisionally set aside the effect of a Cease and Desist Order and allow the limited
operation of a facility or business but only for a specific purpose or for a limited period
RULE III
JURISDICTION AND AUTHORITY OF THE BOARD
SECTION 6. JURISDICTION OF THE BOARD The Board shall have exclusive
jurisdiction over the adjudication of cases covered by Republic Act 10066 and ail
matters related thereto including the imposition of administrative sanctions In particular:
6.1. Over the issuance of Cease and Desist Orders for or in relation to properties
declared World Heritage Sites (WHS) and works of National Artists.
6.2. Over the nomination of sites to be declared as WHS.
6.3. Over the issuance of Compulsory Repair Orders for WHS and works of National
Artists
6.4. Over the lifting of the presumption of Important Cultural Property (ICP) in relation to
works that are, or are alleged to be of or by national artists
6.5. Over the issuance of export permits for works of national artists
SECTION 8. WHO MAY BE PARTIES Any person, party, entity who has an interest in
the subject of the action may be a party to a case or proceeding before the Board.
The party initiating a complaint is called the COMPLAINANT, and the party against
whom a complaint is filed shall be called the RESPONDENT
SECTION 9. WHEN ACTION IS DEEMED COMMENCED An action is deemed
commenced upon:
9.1 the filing of a complaint with the NCCA, or
9.2 the receipt by the NCCA or its duly delegated authority of the verified report and
request from any party in interest.
SECTION 10. PERMISSIVE JOINDER OF PARTIES All persons in whom or against
whom any right to relief in respect to or arising out of the same act or omission or series
of acts or omissions is alleged to exist, whether individually or collectively, may join as
complainants or respondents in one complaint.
SECTION 11. COMPULSORY JOINDER OF INDISPENSABLE PARTIES Parties in
interest without whom no final determination of the action can be achieved shall be
joined either as complainants or respondents
SECTION 12. FORM AND CONTENTS OF COMPLAINTS The complaint shall be in
writing and under oath, drawn in clear and concise language whether in Filipino or
English, specifying the full names and addresses of the complainants, respondents and
witnesses, if any. It shall state the ultimate facts constituting the cause or causes of
action or specific violation of law or rules and regulations as well as other information
pertinent thereto. It shall also specify the remedy or relief sought
SECTION 13. MOTIONS, PLEADINGS AND POSITION PAPERS Except for the
complaint, which may be filed in a single copy, all motions, pleadings, position papers
and other similar papers, submitted to the NCCA shall be filed in such number as to
ensure that each party receives a copy and the NCCA receives no less than sixteen
(16) copies
SECTION 14. CAPTION AND TITLE If the action is initiated by any person other than
the NCCA. (he caption shall be as follows.
Republic of the Philippines
National Commission for Culture and the Arts
(Office Address)
The Chairman then shall designate the hearing officer who shall conduct the hearing.
Thereafter said hearing officer will require all other parties to file their comments or
responsive pleadings to the complaint within fifteen (15) days from receipt of the notice.
SECTION 18. COMPLAINTS FOR CEASE AND DESIST ORDER OR COMPLAINTS
WITH PRAYER FOR THE ISSUANCE OF CEASE AND DESIST ORDERS Should
the complaint include a prayer for the issuance of a Cease and Desist Order (CDO), the
Board or its duly appointed representative may immediately issue the same upon the
recommendation of the appropriate SubCommissioner or any member of the Board.
Thereafter, the case shall proceed in accordance with the Common provisions provided
below.
B. COMPLAINTS INITIATED BY THE COMMISSION
Should any other government agency or private person or persons have Information
pertaining to the possible destruction of a site falling under the jurisdiction of the
Commission and transmit the said Information to the Commission without filing a
petition, the Commission shall conduct an investigation and upon receipt of the verified
report shall issue a Cease and Desist Order and proceed with the case in accordance
with the Immediately preceding provision.
C. COMMON PROVISIONS
SECTION 19. POWERS, FUNCTIONS. AND DUTIES OF THE HEARING OFFICER
The duly designated Hearing Officer shall have the following powers and functions:
19.1 Preside over the hearing;
19.2 Hear cases and receive evidence subject to these rules and exercise full and
active control of the proceedings at any stags thereof;
19.3 Administer oaths on all matters or proceedings related to the performance of his
duties;
SECTION 20. OCULAR INSPECTION Whenever necessary to the determination of
the issues surrounding the case. Hearing Officer may direct the conduct of an ocular
inspection.
SECTION 21. RULES OF EVIDENCE In the conduct of hearings, the Hearing Officer
shall not be bound by the technical rules of evidence under the Rules of Court.
However, the following simplified rules of evidence shall be observed:
21.1 The Hearing Officer shall admit and give probative value to evidence commonly
accepted by a reasonably prudent man in the conduct of his affairs. In case of doubt, all
evidence presented shall be admitted, subject to the objections Interposed, if any;
21.2 All documents forming part of the records and material to the Issues of the case,
whether marked as exhibits or not, shall be deemed admitted as evidence and may be
considered in the resolution of the case;
21.3 Documentary evidence may be received in the form of copies or excerpts, if the
original is not readily available. Upon request, the parties shall be given opportunity to
compare the copy with the original, if the original is in the official custody of a public
officer, a certified copy thereof may be accepted;
21.4 Every party shall have the opportunity to be heard in accordance with
administrative due process and to submit rebuttal evidence; and
21.5 The Hearing Officer may take notice of judicially cognizable (acts and of generally
cognizable technical or scientific facts within its or his specialized knowledge. The
parties shall be notified and afforded an opportunity to contest the facts so noticed.
SECTION 22. RECORD OF PROCEEDINGS The proceedings and testimonies of
witnesses during the hearing may be recorded by a stenographer, where one is
available. The appearances of parties and other persons shall be duly noted and
accounted for through their signatures. The Hearing Officer shall make a written
summary of the proceedings including the substance of the evidence presented which
shall form part of the records of the case. The said Hearing Officer shall sign and certify
the said summary and proceedings.
SECTION 23. INTERVENTION BY AN INTERESTED PARTY Any party, who claims
to have an interest in or may be adversely affected by the proceedings, may file a
motion for intervention slating concisely the grounds relied upon and the remedy
sought, serving copies of the same on the complainant and the respondent. The motion
may be filed at any time before the case is deemed submitted for decision. The Board
or Hearing Officer has the discretion to allow or disallow the intervention.
SECTION 24. CONSOLIDATION OF CASES Where there are two (2) or more cases
pending before different Hearing Officers involving the same property and issues, the
cases subsequently tiled shall be consolidated with the first case filed to avoid
unnecessary cost and delay. Consolidated cases shall be heard by the Hearing Officer
to whom the first case was assigned.
shall remain effective unless revoked by the Board in a subsequent meeting where
there is a quorum
SECTION 32. DELIBERATIONS BY THE BOARD The Board shall deliberate on
cases on the basis of the pleadings and the records of the case, without the appearance
of the parties in a hearing
SECTION 33. PRESIDING OFFICER The Chairman of the Board shall in his absence
designate a Presiding Officer and an Alternate Presiding Officer from the Members of
the Board to preside over the deliberations of such cases in his absence
RULE VII
ORDERS, RESOLUTIONS AND DECISIONS
SECTION 34. CEASE AND DESIST ORDER (CDO) Whenever the Hearing Officer
finds prima facie evidence that the current action on the property constitutes an
immediate threat to the property or its features or cultural value, it may issue or
recommend to the Chairman of the Board to issue an ex-parte order directing the
discontinuance of the same or the temporary suspension or cessation of operation of
the establishment.
The CDO shall be immediately executory and shall remain in force and effect until
modified or lifted by the Board or the Chairman if so duly designated by the Board
The Board may also direct the Chairman to revoke, suspend or modify any permit to
restore, repair, renovate, demolish, reconstruct or conduct any such action, or any
clearance for such actions whenever such is necessary to prevent or abate the loss or
destruction of the site or object.
SECTION 35. CEASE AND DESIST ORDER AGAINST WHOM ISSUED A CDO shall
be issued against the respondent or any person or persons natural or juridical, causing
damage or about to cause damage on property under the jurisdiction of the Commission
immediately directing said person or persons to stop or refrain from doing, conducting
an act or continuing a particular activity or course of action in violation of RA 10066:
such as but not limited to, the destruction, renovation, demolition, neglect, use of a
particular process of restoration or renovation or reconstruction or activity or doing a
particular act expressly prohibited by law.
SECTION 36. REMEDY OF RESPONDENT OR PERSONS DIRECTED TO CEASE
OR DESIST The respondent or person or persons referred to in the immediately
preceding section may contest the order by filing a motion to lift the order with the
Board, with proof of service of copies thereof to the Hearing Officer and the other
parties
The Hearing Officer shall direct the other parties to file their comments within five (5)
days from receipt of the motion. After receipt of the said comments, the Hearing Officer
shall transmit to the Board all documents filed with him along with his recommendation
on the modification, lifting, extension or any such action on the Cease and Desist Order.
The motion shall thereafter be calendared for the Boards deliberation. The filing of such
motion shall not stay the enforcement and execution of the order.
SECTION 37. IMPLEMENTATION OF CEASE AND DESIST ORDER The Hearing
Officer or his duly authorized representative, assisted by the Philippine National Police
(PNP) or the Armed Forces of the Philippines (AFP) or the National Bureau of
Investigation (NBI) or any such law enforcement body, shall implement or cause the
implementation of the Cease and Desist Order no later than seventy-two (72) hours
from receipt thereof He shall submit to the Board a report within forty-eight (48) hours
after the completion of the implementation, slating therein the actions taken Should the
Cease and Desist Order be implemented beyond seventy-two (72) hours or cannot be
implemented, the Hearing Officer shall submit a written report to the Board stating
therein the causes of delay or non-execution.
The implementing team shall be designated by the Chairman
In the implementation of Cease and Desist Orders, the Hearing Officer shall observe the
following guidelines
37.1 Upon issuance or receipt of the CDO the Hearing Officer shall inform the local
government unit (province/municipality/city) concerned regarding the implementation
thereof by furnishing it with copies of the Orders received from the Board;
37.2 Upon arrival at the respondents premises, the implementing team shall present
proper identification and the appropriate orders executing the said CDO, issued by the
Board,
37.3 The head of the implementing team shall discuss tine contents of the CDO with the
owner/s or possessor/s of the property, or in their absence any person in-charge
thereon;
37.4 After the briefing, the team shall proceed with the execution by posting a notice of
the CDO on the premises, removing the construction materials and ensuring the
premises are not made accessible to the person/s causing the destruction of the site,
37.5 Should there be refusal on the part of the respondent to have the CDO
implemented, the head of the implementing team shall report such incident to the
Chairman, without prejudice to such respondent being declared in contempt and other
criminal liability under relevant laws,
37.6 The Hearing Officer, whenever it is deemed necessary, may seek the assistance of
the Local Government Units (LGUs) and/or Philippine National Police (PNP) through its
PNP Regional Director. The written communication shall state the urgency of having the
CDO implemented immediately.
37.7 The LGUs and/or the PNP together with the same implementing team may break
into respondents premises for the purpose of implementing the CDO;
37.8 After the execution, the Hearing Officer shall document the same by taking
photographs/videos and thereafter notify respondent that the removal of the padlocks
and seals is a criminal offense punishable by RA 10066 and its rules and regulations
without prejudice to such respondent being declared in contempt and other criminal
liability under relevant laws, and,
37.9 In accordance with the deputization powers of the Commission, the Hearing
Officer, may require law enforcement agencies or the Armed Forces of the Philippines
(AFP) to secure the site and ensure that their act shall be in conformity with the law.
RULE VIII
TEMPORARY AND FORMAL LIFTING ORDERS
SECTION 38. TEMPORARY LIFTING ORDERS (TLO) Upon Motion of the
respondent, the Hearing Officer may recommend to the Board the issuance of a TLO
after a satisfactory showing of respondents permanent compliance with the conditions
provided in the CDO The TLO shall have the effect of provisionally setting aside the
CDO and allow the limited continuation of interventions on heritage property for specific
purposes to be determined by the Board.
SECTION 39. REQUIREMENTS FOR THE ISSUANCE OF A TEMPORARY LIFTING
ORDER No TLO shall be issued unless the respondent submits the following:
39.1 Revised architectural or engineering plans (as appropriate) or their equivalent for
movable property, abating and/or repairing the damage done to the heritage property,
budget and the Gantt chart of activities relate thereto; provided that the signatory
thereof shall be the architect or engineer contracted to do work on the property by the
owner/s. It shall include the period within which the restoration and/or repair is to be
conducted including timetable of all actions thereon,
39.2 A surety bond equivalent to twenty-five percent (25%) of the total cost of the repair
and restoration work required to return the property to its state prior to the intervention
by the respondent within the timetable and GANTT chart presented.
39.3 The suretys commitments that upon completion of the proposed work respondent
shall comply with the appropriate standards for conservation and maintenance:
39.4 A detailed description of the interim remedial measures to be instituted by the
respondent in order to address the damage to the property:
39.5 A notarized undertaking to comply with the conditions imposed by the Board,
signed by the respondent or its duly authorized managing head; and,
39.6 A written commitment to comply with such other conditions that the Board may
deem appropriate under the circumstances
The TLO issued pursuant to this section shall be effective for a period to be determined
by the Board, based on the complexity of the operations involved and the technical
nature of the conservation program which in no case shall exceed thirty (30) days
However, the Board may, upon proper motion and for meritorious reasons, extend the
effectivity of the TLO beyond such a period, subject to the submission of weekly
progress reports.
SECTION 40. WEEKLY PROGRESS REPORTS REQUIRED Where a Temporary
Lifting Order (TLO) is issued the Respondent shall be required to submit weekly
progress reports indicating therein the latest status of the construction or rehabilitation,
the percentage of work completed, and the proposed date of inspection Failure to
submit the progress reports shall be a ground for the revocation of the TLO issued
SECTION 41. LAPSE OF THE TLO Upon the lapse of the period specified in the
Temporary Lifting Order or failure to submit the progress reports, the Cease and Desist
Order (CDO) shall automatically resume its effectivity, without prejudice to the filling by
respondent of a Motion for the extension of the TLO before the lapse of the said period
SECTION 42. MOTION FOR EXTENSION OF TEMPORARY LIFTING A motion for
the extension of the period specified in the TLO may be filed with the Board at least
fifteen (15) days before the expiration of the TLO, with proof of service of copies thereof
on all parties concerned. The Hearing Officer and the parties concerned may file with
the Board their comments thereto within ten (10) days from receipt of the said motion
No TLO shall be extended by the Board except upon motion of respondent, and neither
shall any motion for extension be granted unless the respondent presents competent
proof that:
42.1 The remedial measures approved by the Board in granting the TLO have been
substantially instituted.
42.2 That there has been a substantial reversal or repair of any destructive work done
on the subject property.
42.3 The respondent has regularly submitted the weekly progress reports;
42.4 The Respondent has fully paid the fines imposed for previous violation/s
committed.
SECTION 43. FORMAL LIFTING OF CEASE AND DESIST ORDER AND
TERMINATION OF THE CASE Where, after a Temporary Lilting Order has been
issued or extended, there is a definite finding that the respondent has fully complied
with international standards In repairing and restoring the subject property, and fully
commits to maintain the same, the Board may, upon proper motion, issue a resolution
formally lifting the Cease and Desist Order and terminating the case. Provided that, the
Respondent has fully paid the fines imposed upon it
SECTION 44. FAILURE TO COMPLY Should the respondent failed to abate the
destruction or demolition or fully implement the approved restorations plan or comply
with the standards or any order of the Board, or that of the Hearing Officer within their
jurisdictions, said Hearing Officer shall, upon the expiration of the TLO or prior to its
expiration deem the case submitted for resolution and thereafter promulgate the
appropriate decision, which shall include the reinstatement of the CDO and the
imposition of fines and/or forfeiture of bonds
SECTION 45. FUTURE VIOLATION Any future violation involving the same
respondent shall warrant the filing of a new case to be assigned a new docket number
SECTION 46. PERMANENT CDO Should international standards demand only repair
or maintenance work be allowed on the property or its core zone, the Board may
determine that the CDO should become permanent, if such permanence is in the best
interests of keeping the subject property in the appropriate condition or state for
conservation.
RULE IX
APPEAL FROM ORDERS OF THE BOARD
SECTION 47. SUBJECT MATTER An appeal may be taken from a judgment or final
order that completely disposes of the case, or of a particular matter
SECTION 48. EFFECT OF APPEAL Appeal taken from a judgment or final order shall
not stay the execution of such judgment or Order of the Board
SECTION 49. APPLICATION OF RULE 43 OF THE REVISED RULES OF COURT
Appeals taken from orders of the Board shall be governed by Rule 43 of the Revised
Rules of Court
RULE X
FINALITY OF DECISIONS
SECTION 50. FINALITY OF ORDER, RESOLUTION OR DECISION Any order,
resolution or decision of the Board, shall become final and executory fifteen (15) days
after the receipt of a copy thereof by the party adversely affected, unless a motion for
reconsideration is filed or an appeal is perfected within said period. One motion for
reconsideration may be filed which shall suspend the running of the said period. The
mere filing of an appeal shall not slay the decision of the Board
SECTION 51. BOOK OF ENTRY OF JUDGMENT -The Heritage Office of the NCCA
shall keep a Book of Entry Judgment, containing in chronological order the entries of all
Final Orders. Decisions and Resolutions issued by the Board.
RULE XI
EXECUTION
SECTION 52. EXECUTION OF ORDER, RESOLUTION OR DECISION The orders,
resolutions and decisions of the Board, after they have become final and executory,
shall be enforced and executed in the same manner as orders, resolutions and
decisions of the Regional Trial Court The Board shall have the power to deputize the
Philippine National Police (PNP), National Bureau of Investigation (NBI), Armed Forces
of the Philippines (AFP) where applicable or as needed pursuant to its powers to
deputize these agencies in order to carry out its orders.
SECTION 53. RETURN OF THE WRIT OF EXECUTION The writ of execution shall
be made returnable to the Board not less than ten (10) days nor more than thirty (30)
days after its receipt by the implementing officer or team concerned. The said officer or
team shall, within forty-eight (48) hours from the completion of the enforcement or
execution of the order, resolution or decision. submit to the Board a report signed by
him or its members, as the case may be, stating the whole of the proceedings taken to
enforce the said order, resolution or decision together with the corresponding proof of
service
RULE XII
CONTEMPT
SECTION 54. DIRECT CONTEMPT PUNISHED SUMMARILY A person guilty of
misbehavior in the presence of or so near Hearing Officer as to obstruct or interrupt the
proceedings before the same, including disrespect toward the Board or Officer,
offensive personalities toward others, or refusal to be sworn or to answer as a witness,
or to subscribe an affidavit or deposition when lawfully required to do so, may be
summarily adjudged in contempt by the Board and punished by a fine not exceeding
Two Thousand Pesos or imprisonment not exceeding ten (10) days, or both
SECTION 55. REMEDY THEREFROM The person adjudged in direct contempt by the
Board or Hearing Officer, may not appeal therefrom, but may avail himself of the
remedies of certiorari or prohibition. The execution of the judgment shall be suspended
pending resolution of such petition. provided such person file a bond fixed by the Board
or Hearing Officer which rendered the judgment and conditioned that he will abide by
and perform the judgment should the petition be decided against him
SECTION 56. EFFECT OF COLLUSION Any act of collusion or connivance between
the respondent and any of the experts consulted on the condition or remedies of the
endangered or damaged heritage property shall render the same void and without any
probative value whatsoever. In addition, the report or testimony, if any. containing the
experts opinion or analysis shall be stricken from the records
SECTION 57. LIABILITY FOR COLLUSION Subject to the provisions on contempt,
contempt proceedings may be initiated by the Board against parties liable for such
collusion or connivance without prejudice to the filling of appropriate charges, whether
criminal or otherwise, including the cancellation of any professional license or
accreditation
In addition, the Commissions recognition or accreditation of the expert may be
cancelled or revoked and his or her membership if any of the National Committees, if
any, shall be terminated.
RULE XIII
MISCELLANEOUS PROVISIONS
SECTION 58. TRANSITORY PROVISION All cases currently pending with the Board
shall, within one (1) year from the effectivity of these rules, be subject to the provisions
hereof
SECTION 59. SEPARABILITY CLAUSE If any section or provision of these rules and
regulations. or part thereof, is declared unconstitutional or Invalid, the other sections or
provisions thereof which are not affected thereby shall continue in full force and effect
SECTION 60. REPEALING CLAUSE The Implemenling Rules and Regulations of
Republic Acts 7356 and 10066 are hereby amended to include the aforementioned
rules. All other policies. issuances, rules and regulations of the Board which are
inconsistent with these rules are hereby repealed or modified accordingly.
SECTION 61. EFFECTIVITY CLAUSE These rules shall take effect fifteen (15) days
after publication in a newspaper of general circulation.
Done in the City of Manila this 7th day of March 2013