Ibalik ang nakaraan: Establishing a holistic approach in protecting the cultural heritage of the Philippines through the writ of pamana
Added Title
A study establishing the need for the judiciary to promulgate an extraordinary writ to protect the cultural properties of the Philippines and formulating a legal framework for its enactment
Date of Publication
5-7-2018
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
Cultural Heritage Law
College
College of Law
Department/Unit
Law
Thesis Adviser
Victoria B. Loanzon
Defense Panel Chair
Milagros Isabel A. Cristobal
Defense Panel Member
Pura Ferrer Calleja
Jack Andrew Miranda
Abstract/Summary
This study banks on the importance of culture on the people and the State. It is a living testimony of the past and it testifies to the present as to the history and culture of the Filipino people. However, as time passes, it is being subjected to a continuing threat. Whether such continuing threat be a damage to the physicality or intangibility of the cultural heritage, it must be addressed appropriately and timely in order to avoid such damage to it or if damage has already begun, salvage it from being annihilated and forever be forgotten. That is why this paper emphasizes on the constitutional duty of the State, particularly the Judiciary, to construct another avenue in order to address the continuing threat. This constitutional duty of the Judiciary lays on three (3) foundations: First, Cultural heritage is part and parcel of the National Patrimony of the State; Second, The protection given should extend in respect to two (2) aspects: (a) physical integrity and “cultural integrity”; and (b) registered and declared cultural properties, as well as those unregistered and undeclared properties with outstanding cultural significance; and Third, under Art. VIII, sec. 5(5) of the 1987 Constitution which states that the Supreme Court shall promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts. Article XII is embodied in the 1987 Constitution and it contains the provisions on National Economy and Patrimony. It is worthy to note that the relevant provisions were considered by the Supreme Court as self-executing provisions. These constitutional provisions find application to the Philippines’ cultural heritage and properties on the ground that these are considered as part of the National Patrimony of the Philippines. This is based on the Supreme Court’s pronouncement in jurisprudence holding that the Cultural Properties are factors for the economic and social development of the country. For the economic aspect, it serves as a source of livelihood and income for some communities. As for the social aspect, it serves as a reminder between generations and a sense of belongingness. Laws have been enacted pursuant to the duty of the Constitution to preserve and protect the Culture of the Philippines. The enabling law provides for a procedure for registration and declaration of Cultural Properties of the Philippines. After a piece of Cultural Property has been registered or declared, the law then grants unto it and the owners thereof privileges and protection when such Cultural Property is damaged or in danger of destruction. However, one aspect of this study concentrates on the consequences if a piece of cultural property is neither registered nor declared. It would leave these properties, which are of cultural significance to a community, out in the open without any hope of availing a remedy. Another aspect is that only the physical integrity of the cultural property is extended protection, and this is affirmed by recent jurisprudence. It is proposed that the protection granted should also extend to the cultural integrity of the cultural property. This is because the law extends its protection to the cultural value of the property and value is not limited to the physicality of an object. The cultural value embraces the whole integration of the object which necessarily includes its surroundings. This is one of the gaps the paper proposes to be remedy. The role of the Judiciary is to promulgate rules in order to provide more avenues for concerned parties to address their interests and rights. This does not, however, connote that the rules created would hamper on substantive rights as provided by law. On the contrary, the rules created would even enhance and strengthen the protection provided to it. It is admitted that there is no perfect law and that there may be gaps in the law which can be considered dead ends for concerned parties, thereby putting them in a situation where they do not know where to turn to. The Judiciary, by the creation of a new rule and procedure, paves a new course of action to concerned parties who are in dire need to receive the protection substantive law grants unto them.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG007464; TG07464
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Keywords
Cultural property—Protection—Law and legislation--Philippines
Upload Full Text
wf_no
Recommended Citation
Montealto, V. L., Ocampo, M. C., & Reyes, R. F. (2018). Ibalik ang nakaraan: Establishing a holistic approach in protecting the cultural heritage of the Philippines through the writ of pamana. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7260
Embargo Period
11-13-2024
