EXCERPTS FROM THE MINUTES OF THE 34TH REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE SECOND FLOOR TABACO CITY HALL BUILDING ON FEBRUARY 27, 2017.
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Hon. Luis Renir B. Burce President Pro-Tempore & Member,
Hon. Sheina Marie C. Onrubia Floor Leader & Member,
Hon. John Gio Ong-Bongao Member,
Hon. Roderick P. Martirez Member,
Hon. Arnaldo B. Bragais Member,
Hon. Raul Roi B. Borejon Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member, &
Hon. Odon B. Bobiles (Acting Pres., LMB) Member.
N O N E
Proponent: HON. RAUL ROI B. BOREJON
Co-Proponents: HON. SHEINA MARIE C. ONRUBIA
HON. JOHN GIO ONG-BONGAO
HON. JULIO C. AZADA CHUA, JR.
HON. HECTOR D. RODRIGUEZ
City Ordinance No. 014- 2017
AN ORDINANCE CREATING THE TABACO CITY CULTURE AND THE ARTS COUNCIL, DEFINING ITS FUNCTIONS, AND FOR OTHER PURPOSES.
WHEREAS, Article II, Section 17 of the 1987 Constitution declares that the State shall give priority, among others, to arts and culture “to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development”;
WHEREAS, the Constitution further proclaims in Article XIV, Section 15 that “Arts and letters shall enjoy the patronage of the State. The State shall conserve, promote, and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations”;
WHEREAS, Section 458 (5) (xvi) of Republic Act No. 7160 or the Local Government Code of 1991 mandates the Sangguniang Panlungsod to “Establish a city council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-governmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same”
WHEREAS, the Medium Term Philippine Development Plan for Culture and the Arts 2004-2010 observes that “The enormous impact of culture on the economy and development is a reality that many people do not see. Culture should be seen as central to any form of development in the pursuit of economic prosperity and national unity. From the culture of the people, meaningful and sustainable development must emanate”;
WHEREAS, the Development Plan further encourages “The generation of jobs or livelihood from cultural tourism and cultural industries, and ecotourism highlighting the wealth of indigenous heritage and new routes of artistic expressions rooted in traditional cultures, merged with creative and modern experiments”;
WHEREAS, it is the duty of the City Government of Tabaco to support and promote Tabaqueno artists and cultural workers as prime movers of the creative industries or the creative economy because human creativity is the ultimate economic resource and imagination is the greatest asset especially for a province that has a rich cultural tradition and an enormous pool of creative talent;
Be it ordained by the Sangguniang Panlungsod of Tabaco, that:
SECTION 1. Title. – This Ordinance shall be known as the Tabaco City Culture and the Arts Council Ordinance of 2017.
SECTION 2. DECLARATION OF POLICY. – Sections 14, 15, 16 and 17, Article XIV of the 1987 Constitution declare that the State shall foster the preservation, enrichment and dynamic evolution of a Filipino culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression. The Constitution likewise mandates the State to conserve, develop, promote and popularize the nation’s historical and cultural heritage and resources, as well as artistic creations. It further provides that 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.
SECTION 3. LEGAL BASIS. – Section 458 (5) (xvi) of RA 7160 or the Local Government Code of 1991 mandates the Sangguniang Panlungsod to establish a city council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-governmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same. In addition, the Department of the Interior and Local Government (DILG) has issued a memorandum circular (MC) on May 17, 2002 (DILG MC No. 2002-81) on the “Creation of Local Culture and the Arts Councils” mandating the conservation of historical and cultural heritage and resources in order to promote the Filipino Culture, instill nationhood and cultural unity, and raise the level of consciousness of the people on cultural values. The DILG MC No. 2002-81 further states that to pursue these mandates, goals and objectives, there is a need to create bodies at the local levels that will ensure the preservation, enrichment and promotion of the Filipino national culture. The circular further encourages all provinces, cities and municipalities through their respective Sanggunians to create the Provincial, City/Municipal Councils for Culture and the Arts.
Moreover, the DILG and the National Commission for Culture and the Arts (NCCA), which is the highest government body on culture, have formed a Technical Working Committee and issued the “Guidelines for the Implementation of the NCCA, DILG and LGU Program for the Local Culture and the Arts Councils (LCACs)”. The guidelines include, among others, the technical assistance for the LCACs, cultural databank for the local government, and cultural promotion activities.
Furthermore, Sections 69 and 70, Rule XII of the “Amended Implementing Rules and Regulations of 2007 of Republic Act No. 7356 entitled, An Act Creating the National Commission for Culture and the Arts, Establishing a National Endowment Fund for Culture and the Arts, and for Other Purposes” state that the NCCA may establish or coordinate with local, provincial or regional government or non-government councils/groups to promote, develop and implement programs and plans of the Commission, and that local, provincial or regional culture and arts councils, both government and non-government, shall be encouraged to propose policies that would encourage the arts and cultural heritage preservation and other aspects of culture in their respective localities.
Finally, Sections 14, 16, 21, 22, 30, 32, 33, 34, 37, 38, 39 and 41 of R.A. 10066 or the National Cultural Heritage Act of 2009 prescribe provisions specifically for the local government units (LGUs) in order to: (a) Protect, preserve, conserve and promote the nation’s cultural heritage, its property and histories, and the ethnicity of local communities; (b) Establish and strengthen cultural institutions; and (c) Protect cultural workers and ensure their professional development and well-being.
SECTION 4. DECLARATION OF PRINCIPLES. – The following principles, as spelled out in Republic Act No. 7356 creating the National Commission for Culture and the Arts, are hereby adopted by this ordinance:
- Culture as a Human Right. Culture is a manifestation of the freedom of belief and of expression and is a human right to be accorded due respect and allowed to flourish.
- National Identity. Culture reflects and shapes values, beliefs, aspirations, thereby defining a people’s national identity. A Filipino national culture that mirrors and shapes Philippine economic, social and political life shall be evolved, promoted and conserved.
- Culture of the People. The Filipino national culture shall be:
- Independent, free of political and economic structures which inhibit cultural sovereignty;
- Equitable, effectively creating and distributing cultural opportunities and correcting the imbalance that has long prejudiced the poor and other marginalized sectors who have the least opportunities for cultural development and educational growth;
- Dynamic, continuously developing in pace with scientific, technological, social, economic and political changes both in national and international levels;
- Progressive, developing the vast potential of all Filipinos as responsible change agents of society; and
- Humanistic, ensuring the freedom and creativity of the human spirit.
- Culture by the People. The Filipino national culture shall be evolved and developed by the people themselves in a climate of freedom and responsibility.
- Culture for the people. The creation of artistic and cultural products shall be promoted and disseminated to the greatest number of the people. The level of consciousness of the people about cultural values in order to strengthen culture and to instill nationhood and cultural unity shall be raised formally through the educational system and informally through extra-scholastic means, including the use of traditional as well as the modern media of communication.
- Preservation of the Filipino Heritage. It is the duty of every citizen to preserve and conserve the Filipino historical and cultural heritage and resources. The retrieval and conservation of artifacts of Filipino culture and history shall be vigorously pursued.”
SECTION 5. PURPOSE. – This Ordinance has the following purpose:
- To uphold freedom of belief and of expression, which is a human right that should be accorded due respect and allowed to flourish;
- To maintain a Culture of, by and for the Tabaqueno People which is independent, equitable, dynamic, progressive, humanistic, pluralistic, democratic, nonpartisan, liberative and nationalistic;
- To protect, preserve and promote the Tabaqueno identity and cultural property;
- To support and develop Tabaqueno artists, cultural workers and cultural institutions; and
- To encourage and disseminate the creation of artistic and cultural products to the greatest number of Tabaqueno.
SECTION 6. DEFINITION OF TERMS. – The following terms used in this Ordinance shall be defined as follows:
- “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.
- “Art Galleries” shall refer to rooms or buildings for the display or sale of works of art.
- “Council” shall refer to the Tabaco City Culture and the Arts Council (TCCAC).
- “Cultural Agencies” or “Affiliated 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 Commission of the Philippines (Philippine history); National Archives (documents); Cultural Center of the Philippines (culture and the arts); and Komisyon sa Wikang Filipino (language).
- “Cultural Education” shall refer to the teaching and learning of cultural concepts and processes, and practicing of the arts as well as through the arts using transversal pedagogical means, or using the arts for the promotion of cultural and social objectives, in particular mutual respect, understanding and tolerance, appreciation of diversity, team work and other social skills as well as creativity, personal development and the ability to innovate. For purposes of this Ordinance, the term shall specifically refer to Tabaqueno Cultural Education, or the teaching and learning of Tabaqueno cultural concepts and processes.
- “Cultural Heritage” shall refer to the totality of cultural property preserved and developed through time and passed on to posterity.
- “Cultural Institution” shall refer to entities engaged primarily in cultural work.
- “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.
- “Cultural Tourism” shall refer to the subset of tourism concerned with a country or region’s culture, specifically the lifestyle of the people in those geographical areas, the history of those people, their art, architecture, religions, and other elements that helped shape their way of life. For purposes of this Ordinance, the term shall specifically refer to Tabaqueno Cultural Tourism, or the guidance, management and accommodation of tourists and the promotion or encouragement of touring in Tabaco City using the culture, history, art, religion, traditions, customs and lifestyle of the Tabaqueno People.
- “Culture” shall refer to the whole complex of distinctive spiritual, material, intellectual, and emotional features that characterize a society or a social group. This includes not only the arts and letters but also modes of life, values systems, traditions, and beliefs. Culture can also be looked at as an aggregate and internally inconsistent body of knowledge and meanings, unevenly distributed among individuals of a community, and acquired by these individuals through their experiences and transactions in everyday life. In the perspective of culture and poverty program, culture is defined as inclusive of creative expression, skills, traditional knowledge and cultural resources that form part of the lives of peoples and societies, serving as bases for social engagement and enterprise development. Allowing for the varying view on culture, the government stands on supporting culture as a free expression of creativity to serve as the base for a dynamic process of consolidating human rights and supporting poverty alleviation. For purposes of this Ordinance, the seven program thrusts identified in the Medium-Term Philippine Development Plan for Culture and Arts shall be incorporated to this definition of culture which addresses certain needs in the sector: (1) Culture and Education; (2) Culture and Development; (3) Support for Artistic Excellence; (4) Promotion of Culture and the Arts; (5) Conservation of Cultural Heritage; (6) Culture and Diplomacy; and (7) Culture and Peace. These programs were created as the framework for direction and policy development from where project ideas can be developed.
- “Historical Research” shall refer to the type of research that examines past events or combinations of events to arrive at an account of what had happened in the past. For purposes of this Ordinance, the term shall specifically refer to research on the ethnography, sociology, history, language and culture of the Tabaqueno People.
- “Indigenous Peoples” shall refer to peoples defined in international or national legislation as having a set of specific rights based on their historical ties to a particular territory, and their cultural or historical distinctiveness from other populations.
- “Language” shall refer to a systematic means of communicating ideas or feelings by the use of conventional signs, sounds, gestures or marks having understood meanings.
- “Libraries” shall refer to institutions 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.
- “Literature” shall refer to writings in prose or verse, especially writings having excellence of form or expression and expressing ideas of permanent and universal interest. For purposes of this Ordinance, the term shall specifically refer to oral or written prose or poetry produced by Tabaqueno in or outside Tabaco.
- “Media Arts” shall refer to artworks that depend on a technological component to function. For purposes of this Ordinance, the term shall be limited to radio, television and film, which are the forms, types or genres included in the Encyclopedia of Philippine Art published by the Cultural Center of the Philippines (CCP).
- “Monuments” shall refer to structures that honor illustrious persons or commemorate events of historical value as declared by the National Historical Commission of the Philippines (NHCP).
- “Museums” shall refer to permanent institutions that research, acquire, conserve, communicate and exhibit the material evidence of humans and their environment for purposes of education and leisure.
- “Performing Arts” shall refer to forms of creative activity that are performed in front of an audience, such as, but not limited to, drama, dance and music.
- “Sites” shall refer to historical and cultural landmarks, shrines or structures that are associated with events or achievements significant to Tabaqueno history as declared by the National Historical Commission of the Philippines (NHCP).
- “Translation” shall refer to the rendering from one language into another, also the product of such a rendering. For purposes of this Ordinance, the term shall specifically refer to the rendering of the Tabaqueno language to other languages and vice versa.
- “Visual Arts” shall refer to the arts created primarily for visual perception, as drawing, graphics, painting, sculpture and the decorative arts, and typically exists in permanent form.
If doubt or question arises on the definition of terms used in this Ordinance, and on other terms used herein but were not defined, the definition shall be liberally interpreted by the Sanggunian based on the contextual use of those terms in Philippine cultural laws and other laws.
SECTION 7. CREATION OF THE COUNCIL. – Envisioned to be the local counterpart of the National Commission for Culture and the Arts, the Tabaco City Culture and the Arts Council is hereby created to formulate policies for the development of culture and the arts at the City level; implement these policies in coordination with the National Commission for Culture and the Arts as well as affiliated cultural entities both from the private and public sectors; “encourage artistic creation within a climate of artistic freedom; develop and promote the Filipino national culture and arts; and preserve Filipino cultural heritage.” The council shall be under the Office of the City Mayor and shall render annual accomplishment report to the City Mayor.
SECTION 8. COMPOSITION. – The Tabaco City Culture and the Arts Council shall be composed of the following:
Chairperson: City Mayor
Vice Chairperson/Action Officer: Chairperson, SP Committee on Tourism, Arts and
Members: SP Chair, Committee on Education
City Tourism Officer
City Planning and Development Officer
Seven (7) Persons from the Private Sector who shall be designated by the City Mayor to represent the following seven (7) disciplines of Arts:
- Literature and History
- Theater Arts
- Visual Arts
A Representative from:
- City Budget Office
- Tabaco City Tourism Council
- Liga ng mga Barangay
- Department of Education – Tabaco City Division
SECTION 9. TERM OF OFFICE. – The Sangguniang members shall serve up to the end of their current term as councilors. Private sector representatives shall be co-terminus with that of the appointing City Mayor. An interim council will be organized headed by the Head of the Tabaco City Tourism until the new Council membership will be convened.
SECTION 10. POWERS AND FUNCTIONS. – In order to pursue its mandate, the Council shall have the following powers and functions:
- Mainstream culture and development in the plans, policies, programs, projects and activities of the city government, providing cultural services and opportunities to all, especially to the poor, the marginalized and the minorities;
- Prepare an annual plan on culture and the arts consonant to the Medium Term Philippine Development Plan for Culture and the Arts, to be integrated in the local development plan of the city;
- Formulate programs and recommendations to develop local culture and the arts;
- Promote sustainable heritage conservation approaches and conduct periodic inventory of Tabaqueno cultural objects and sites, in coordination with the National Commission for Culture and the Arts and its affiliated agencies
- Conduct cultural events such as cultural festivals, competitions, lectures, seminars, fora and symposia; set up exhibits during fiestas and other related activities;
- Conduct periodic consultations with stakeholders to identify grassroots-based cultural concerns, issues and agenda;
- Conduct periodic inventory of local cultural objects and sites in coordination with the National Commission for Culture and the Arts (NCCA), Cultural Center of the Philippines (CCP), National Museum, National Historical Institute (NHI), National Library and other national cultural agencies;
- Coordinate with the private sector and the other local councils for culture and the arts in formulating programs and recommendations to develop Tabaqueno cultural and artistic talents that will ensure the preservation, enrichment and promotion of the Tabaqueno identity, heritage and cultural wealth.
- Encourage the generation of jobs or livelihood through the animation and growth of the cultural industries or the creative economy, and through the revitalization and promotion of cultural tourism and ecotourism, highlighting the wealth of the Tabaqueno tangible and intangible heritage;
- Institutionalize culture in education, media and in good governance, specifically focusing on the formation of patriotic values for moral reform and social justice;
- Evaluate the implementation of the local annual plan for culture and the arts;
- Ensure continuous and sustainable cultural education.
- Set up a city-wide network of barangay councils for culture and the arts to ensure optimum people-based participation;
- Network with international, national and local cultural and artistic groups/agencies;
- Link up with government and non-government agencies for assistance;
- Advise the City Mayor on all matters pertaining to culture and the arts;
- Accept donations from both the public and private sectors;
- Mount fund-raising projects;
- Craft the implementing rules and regulations of this ordinance;
- Formulate the annual budget of the Council and submit the same to the City Mayor for inclusion in the annual budget;
- Perform other functions which may be necessary for the preservation/conservation of national cultural heritage/properties.
SECTION 11. MEETINGS. – The Council shall meet at least once every three (3) months (quarterly) or as often as necessary as the Chair desires to convene the same, serving notice to the members at least one week before the scheduled meeting.
SECTION 12. TECHNICAL WORKING GROUP. – The Council shall constitute a Technical Working Group that shall formulate plans, policies, programs, projects and activities to be submitted to the Council for adoption. It shall also prepare a City Development Plan for Culture and the Arts. Finally, it shall also be responsible in preparing regular monitoring reports and framework plans within specific timeframes and other functions as may be directed by the Council.
SECTION 13. SUPPORT, MONITORING AND EVALUATION. – The City Planning and Development Office (CPDO) shall extend secretariat and support functions to the Council and its constituted Committees, and it shall collate and integrate all framework plans and program plans for compilation into a Master Plan or a City Development Plan for Culture and the Arts to include monitoring and evaluation.
SECTION 14. LINKAGES. – The Council shall establish linkages with other institutions on culture and the arts, especially the National Commission for Culture and the Arts (NCCA) and its affiliated agencies, for the fulfillment of its mandate and objectives as well as for technical, financial and other assistance.
SECTION 15. ARTIST REGISTRY. – The Council shall prepare a “Directory of Tabaqueno Artists and Cultural Workers/Groups” to ensure maximum participation to the projects and activities of the Council by the various representatives on Tabaqueno culture and the arts.
SECTION 16. CITY ENDOWMENT FUND FOR CULTURE AND THE ARTS. – A City Endowment Fund for Culture and the Arts (CEFCA or Fund) is hereby established exclusively for Tabaqueno art and cultural programs, projects and activities. The City Government shall allocate 0.001 percent of the annual city budget for the fund, starting in 2018 and every year thereafter. The Fund shall be administered according to the guidelines set in Rule XIV, Section 72 of the “Amended Implementing Rules and Regulations of 2007 of Republic Act No. 7356 entitled, An Act Creating the National Commission for Culture and the Arts, Establishing a National Endowment Fund for Culture and the Arts, and for Other Purposes”.
SECTION 17. INITIAL ALLOCATION. – An initial amount of One Million Pesos (₱ 1,000,000.00) is hereby authorized for appropriations under the Office of the City Mayor which will be effective beginning Fiscal Year 2018 to be incorporated into subsequent Annual Investment Plan (AIP) and Annual Budget. The amount shall be used to cover the cost of operationalizing the Council to be deposited in trust account and to be expended subject to usual accounting and auditing rules and regulations.
SECTION 18. SEPARABILITY CLAUSE. – If any part or provision of this ordinance shall be held unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and in effect. This ordinance does not supersede nor repeal any existing ordinance on local bodies/councils prescribed by law.
SECTION 19. EFFECTIVITY CLAUSE. – This ordinance shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the Tabaco City Hall and in at least two (2) other conspicuous places.
We hereby certify to the correctness of the foregoing Ordinance.
RAUL ROI B. BOREJON SHEINA MARIE C. ONRUBIA
JOHN GIO ONG-BONGAO JULIO C. AZADA CHUA, JR.
HECTOR D. RODRIGUEZ NESTOR T. SAN PABLO
Co-Proponent City Vice Mayor & Presiding Officer
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
CIELO KRISEL LAGMAN-LUISTRO