Documente Academic
Documente Profesional
Documente Cultură
7.1 Issue Cease and Desist Orders to prevent destruction of heritage sites
which are works of National Artists or World Heritage Sites or portions
removed therefrom pursuant to the provisions of RA Nos 7356 and 10066,
and their Implementing Rules and Regulations (IRR).
7.2 Issue compulsory repair orders to prevent deterioration of heritage
sites within the jurisdiction of the NCCA under RA Nos. 7356 and 10066,
and, their IRR:
7.3 Lift an object or propertys presumption as Important Cultural
Heritage under the jurisdiction of the NCCA or clarify such presumption.
7.4 Declare an object or property as National Cultural Treasure (NCT)
under the jurisdiction of the NCCA;
7.5 Declare Intangible Heritage as Important Cultural Properly or National
Cultural Treasure;
7.6 Require or compel the registration of property under the jurisdiction of
the NCCA in the Philippine Registry of Cultural Property (PRECUP).
7.7 Issue permits for restoration, reconstruction, renovation, repair or any
such intervention work on property that is under the jurisdiction of the
NCCA.
7.8 Deputize in writing or request assistance of appropriate government
agencies or instrumentalities for the purpose of protecting heritage
property under the jurisdiction of the NCCA;
7.9 Exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under RA 7356 and RA
10066 and their IRR;
7.10 Designate a hearing officer to receive evidence and submit the same
to the Board together with its recommendations for the adjudication of
controversies.
RULE IV
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.
9.2 the receipt by the NCCA or its duly delegated authority of the verified
report and request from any party in interest.
Complainant.
Case No. ________
-VersusFOR: (State the nature/cause of action)
Respondent
Xx
SECTION 15. EFFECT OF WITHDRAWAL OF COMPLAINT The
withdrawal of the complaint shall not result in the automatic dismissal of
the case The Board may motu proprio pursue the same if it deems it
necessary in the interest of protecting the heritage site.
SECTION 16. EFFECT OF TRANSFER OF INTERESTS In case of
any transfer of interest, the action may be continued by or against the
original party, unless the Board orders the person to whom the interest is
transferred to be substituted in the action or joined with the original party.
RULE V
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
hearing, the Hearing Officer shall have thirty days in which to make his
recommendation to the Board, providing the latter with transcripts,
summaries, copies of pleadings of the entire proceedings.
Every order or decision promulgated by the Board shall be in writing and
under the seal of the Board, signed by a majority of its members, and shall
clearly and distinctly state the facts and the law on which it is based The
Board shall decide each case within sixty (60) days after it is deemed
submitted
SECTION 26. DECISIONS AND FINAL ORDERS ARE PUBLIC
RECORDS The Board shall make available for public inspection all
decisions or final orders and resolutions in the adjudication of cases
SECTION 27. ANNUAL INVENTORY OF CASES The Board shall
conduct an annual inventory of cases indicating the progress and status.
The inventory shall be conducted from the last week of December until the
second week of January, the result of which shall be transmitted to the
Board in time for the Board meeting in February
RULE VI
DELIBERATION OF CASES BY THE BOARD
SECTION 28. VENUE The deliberation of cases by the Board shall be
held at the main office of the Commission or in such other place as may be
designated by the Board.
SECTION 29. SCHEDULE OF MEETINGS The Board may include
the deliberation of cases in its agenda for its regular monthly meetings or
may call special meetings where necessary.
SECTION 30. QUORUM Cases shall be heard or deliberated by the
Board in a meeting where at least a majority of the members of the Board
are present.
SECTION 31. SPECIAL AUTHORITY The Chairman of the Board
upon recommendation of the Hearing Officer in cases involving immediate
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
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
CONTEMPT
RULE XIII
MISCELLANEOUS PROVISIONS