REPUBLIC
ACT 9105
AN
ACT DEFINING THE CRIME OF ART FORGERY, PROVIDING PENALTIES, AND
INSTITUTIONALIZING THE MECHANISM FOR ART AUTHENTICATION, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Be
it enacted by the Senate and House of Representative of the
Section 1. Short Title - This act shall be known as the "Art Forgery Act of
2001."
Section 2. Declaration of Policy - It is hereby declared the policy of the State
to protect, conserve, develop and promote the nation's cultural heritage,
artistic creations and resources.
Section 3. Definition of Terms - For purposes of this Act, the following terms or
phrases used herein shall mean or be understood as follows:
(a)
Art forgery is committed by any person or entity who commits any of the
following acts:
(1)
Affixing or causing to appear a usurped or forged signature or sign on any work
of fine art;
(2)
Counterfeiting or imitating any original signature or sign, with the intent to
deceive the public or the buyer as to the authorship of a work of art;
(3)
Selling or circulating any work of fine art bearing forged or usurped
signatures or signs; and
(4)
Imitating or reproducing any work of fine art with intent to deceive the public
or the buyer as to the authenticity of the work.
(b)
Work of fine art refers to all original works of art like paintings, sculpture,
drawings and artwork produced in multiples such as graphic and photographic
works and sculpture casts, but shall not include works intended to be
mass-produced for commercial use; and
(c)
Art dealer refers to any person or entity who sells or
otherwise deals in works of fine art for profit or gain, such as art galleries,
art brokers and agents.
Section 4. Art Authentication Panel; Creation and Composition - There is hereby
created a panel to be known as the Art Authentication Panel to replace and
assume the power and functions of the panel of experts for fine arts provided
for in R.A. No. 4846, as amended by P.D. 374. The Panel shall be composed by
three (3) members who shall be chosen and appointed by the National Museum
Board of Trustees from a list submitted by the Search Committee created under
Section 8 of this Act.
Section 5. Functions of the Art Authentication Panel - In addition to the powers
granted to it under Republic Act No. 4846 as amended, the Art Authentication
Panel, herein referred to as the "Panel", shall
also have the following powers and functions:
(a)
To designate individuals, named by the Search Committee as Art Consultants, to
become members of the Panel for particular authentication session/s;
(b)
To verify and certify as original any work of fine art submitted to it for
authentication, and to issue the corresponding certificate of authentication;
(c)
Upon proper verification, to accept for registration all original works of fine
art submitted by the author;
(d)
To impose and collect authentication and registration fees,
and other appropriate fees as it may prescribe;
(e)
To initiate investigation and recommend prosecution of all persons who may have
violated the provisions of this Act;
(f)
To promulgate rules and regulations in the exercise of its functions;
(g)
To impose fines and sanctions for violation of its rules and regulations; and
(h)
To perform such other acts as may be necessary to carry out the provisions of
this Act.
Section 6. Qualifications of the Members of the Panel - The members of the Panel
must be citizens of the
Section 7. Term of Office - The members of the Panel shall be appointed by the
Board of Trustees for a term of two (2) years: Provided, That no member of the
Panel shall serve for more than two (2) consecutive terms: Provided, further,
That appointment to any vacancy shall only be for the unexpired
term of the predecessor and shall be counted as one term.
Section 8. Search Committee for the Panel - The Board of Trustees of the
(a)
The Executive Director of the
(b)
A Commissioner of the National Commission for Culture and the Arts (NCCA), as
nominated by the Chairperson of the NCCA;
(c)
The President of the Philippine Association of Art. Galleries;
(d)
Any National Artist for Visual Arts;
(e) Two (2) deans of reputable schools of fine arts; and
(f)
The president of the Artists Association of the Philippines.
Section 9. Functions of the Search Committee for the Panel - The following are
the function of the Search Committee for the Panel:
(a)
Submit to the National Museum Board of Trustees a list of six (6) names, from
which the members of the Panel shall be chosen; and
(b)
Maintain and update a list of individuals, herein called Art Consultants, who
are recognized experts in various arts fields, indexing such names by area of
expertise or other qualifications, from which the Panel may draw upon as the
need arises.
Section 10. Compensation - Members of the Search Committee, the Panel and the Art
Consultants shall be entitled to receive per diems in accordance with existing
rules and regulations.
Section 11. Penalties - Any person who commits any of the acts enumerated in
Section 3(a) of this Act shall be punished with imprisonment of not less than
six (6) years and one (1) day but not more than twelve (12) years, and a fine
not less than Fifty Thousand pesos (P 50,000.00) but not more than Five Hundred
Thousand pesos (P 500,000.00).
If
the acts are committed by a corporation, partnership or any kind of judicial
entity, the penalty provided herein shall be imposed on its chief executive
and/or other officials responsible therefor.
If
the acts are committed by the art dealers or the owners or operators of art
galleries, they shall suffer, in addition to the penalties provided herein, the
automatic revocation of their license to operate.
Section 12. Appropriations - For the implementation of the provisions of this Act,
the amount of Fifty Million pesos (P 50,000,000.00) is hereby appropriated and
shall be taken from the Organizational Adjustment Fund for the acquisition of
the necessary equipment, supplies and expertise.
Thereafter,
the amount necessary to carry out the provisions of this Act shall be included
in the General Appropriation Act of the year following its enactment into law.
Any
and all amounts collected by the Panel in the exercise of its functions shall
be retained by the National Museum to augment its annual appropriations.
Disbursements therefrom shall be subject to the
approval of the Board of Trustees of the National Museum.
Section 13. Implementing Rules and Regulations - The Board of Trustees of the
National Museum shall promulgate the necessary rules and regulations for the
effective implementation of the provisions of this Act.
Section 14. Separability Clause - If any part or
provision of this Act shall be held to be unconstitutional or invalid, other
provisions hereof which are not affected thereby shall continue to be in full
force and effect.
Section 15. Repealing Clause - All laws, executive orders, decrees, rules and
regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed. amended or modified accordingly.
Section 16. Effective Clause - This Act shall take effect fifteen (15) days from
its publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.
Approved: April 14, 2001.
(Sgd.) GLORIA MACAPAGAL-ARROYO
President
of the
The