act (arts, culture and tourism) code

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EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF THE MUNICIPALITY OF BUSTOS, BULACAN HELD ON THE 24TH OF MARCH 2008 AT THE AMADO RAYMUNDO SESSION HALL Present:

Honorable Felicisimo DR. Ramos Acting Municipal Vice-Mayor and Presiding Officer of the Sangguniang Bayan

Sangguniang Bayan Members

Honorable Leonida L. Rivera Honorable Wilfredo C. Cruz

Honorable Jennifer D. Villaroman Honorable Juanito S. Bernardo

Honorable Rodrigo M. Santos Honorable Jahn Wilfred B. Santos

Honorable Noel T. Franco Honorable Neil E. Garcia Ex Officio Member and Liga ng mga Barangay President

Honorable Aprille Keith M. Lazaro Ex Officio Member and SK Federation President

All Present.

MUNICIPAL ORDINANCE NO. 22

AN ORDINANCE ENACTING A CODE FOR THE PROMOTION, DEVELOPMENT AND INSTITUTIONALIZATION OF ARTS, CULTURE AND TOURISM IN THE MUNICIPALITY OF BUSTOS, BULACAN, PROFESSIONALIZING THE COUNCIL FOR TOURISM, ESTABLISHING THE RULES AND REGULATIONS GOVERNING TOURISM INDUSTRIES AND ACTIVITIES, PRESCRIBING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES

Authors: Honorable Jennifer D. Villaroman Honorable Noel T. Franco

Approved on motion by: Honorable Jahn Wilfred B. Santos

WHEREAS, the Constitution of the Republic of the Philippines states in Article XIV, Section 14 that “the State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression;

WHEREAS, the Constitution of the Republic of the Philippines further states in Article XIV, Section 17 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”;

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WHEREAS, the Municipal Government shall play an active role in pursuance thereto; hence, the provision of the Local Government Code of 1991, as prescribed in Section 447 (5) (xvi), that the Sangguniang Bayan shall “establish a municipal council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-government organizations and, subject to the availability of funds, appropriate funds for the support and development of the same”;

WHEREAS, history, culture and the arts constitute the identity of a people; interwoven in the moral, spiritual and socio-political make-up thereof, and as such, are essential to the development of a civilized and cultured citizenry;

WHEREAS, the Local Government Code of 1991 states in its General Provisions that the Municipal Government shall administer all tourism facilities and other tourist attractions including the acquisition of equipment, regulation and supervision of business concessions, and security services for such facilities and is responsible for tourism development and promotion of programs;

NOW, THEREFORE, on motion by the Honorable Jahn Wilfred B.

Santos, seconded by the Honorable Rodrigo M. Santos, and approved by the majority of Sangguniang Bayan Members present, as authored by the Honorable

Jennifer D. Villaroman and Honorable Noel T. Franco: BE IT ENACTED by the Sangguniang Bayan of the Municipality of

Bustos, Province of Bulacan in session assembled:

ARTICLE I GENERAL PROVISIONS

Section 1. SHORT TITLE. ― This Ordinance shall be known as the “Arts, Culture and Tourism (ACT) Code of Bustos, Bulacan” and hereinafter referred to as the “Code.” Section 2. DECLARATION OF PRINCIPLES. ― (a) The Municipal Government shall recognize the importance of cultural memory as engrained in the cultural heritage endemic to the Municipality. (b) The Municipal Government shall recognize the role of tourism as contributory to the economic growth of the Municipality. (c) The Municipal Government shall, in pursuance of national and local interests and cultural development, encourage the development of culture and the arts, and provide a system of recognition and reward of artistic performances, productivity and creativity within the context of government, and acknowledge the contribution of artists in community-building. (d) The Municipal Government shall encourage the generation of jobs or livelihood through the animation and growth of cultural industries.

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Section 3. PURPOSES. ― This Code is intended to:

1. Professionalize the municipal council for the promotion of tourism, arts and culture;

2. Strengthen the economy of the Municipality, and protect and

enhance the Municipality’s attraction to tourists and visitors, as well as provide support and stimulus to business and industry, and develop in a sustainable manner the tourism sector in order to contribute to poverty reduction;

3. Protect and conserve the unique natural resources on which the tourism industry is based to some extent;

4. Promote culture and the arts both as a tool for cultural identity and

as an industry by creating venues to highlight the best in Bustos arts and crafts, thus awakening pride of heritage and, eventually, strengthening related industries;

5. Encourage, promote and support the creation and preservation of

art and the protection of the rights and welfare of artists. To this end, the Municipal Government shall give priority to artists and craftspeople living in the Municipality of Bustos, Bulacan;

6. Perpetuate, protect, enhance and preserve the historic resources

and landmarks which represent the distinctive elements of Bustos’ historic, architectural, social, economic, ethnic and political heritage and develop appropriate settings for such places by allowing property owners a means for protecting their property by participation in this Code;

7. Foster civic pride in the beauty and accomplishments of the past,

and promote the use of historic landmarks for the culture, prosperity, education and general welfare of the public; and

8. Promote the history of the Municipality and provide sufficient

support, as much as possible, for the promotion of historical events, traditions, festivities and such other related affairs of importance.

Section 4. INTERPRETATION. ― This Code shall be liberally construed in order to promote its objectives and purposes. Section 5. DEFINITION OF TERMS. ― Unless the context otherwise requires, the following terms wherever used in this Code shall mean as follows:

1. Artist and/or cultural worker – refers to any person who creates or gives creative expression to, or re-creates works of art, who considers his/her artistic creation to be an essential part of his/her life, who contributes in his/her way to the development of arts and culture and who is or asks to be recognized as an artist, whether or not he/she is bound by any relations of employment or association.

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2. Council – refers to the Arts, Culture and Tourism (ACT) Council as provided in this Code.

3. Municipal Government – refers to the Municipal Government of

the Municipality of Bustos, Bulacan.

4. Municipality – refers to the Municipality of Bustos, Province of Bulacan.

ARTICLE II

INSTITUTIONAL MECHANISMS

Section 6. CREATION AND COMPOSITION OF THE ARTS, CULTURE

AND TOURISM COUNCIL. ― (a) There shall be an Arts, Culture and Tourism Council, hereinafter referred to as the “Council,” to be composed of the following:

1. Ex-officio members:

a. The Municipal Planning and Development Coordinator representing the executive department of the Municipal Government;

b. The Chairman of the Committee on Tourism, Arts and Culture

of the Sangguniang Bayan representing the legislative department of the Municipal Government;

c. The President of the Municipal Sangguniang Kabataan

Federation; and

d. The President of the Municipal League of Barangays.

2. Appointive members:

a. One (1) member shall be from a non-government or community-based arts and culture organization operating in the Municipality of Bustos, Bulacan for at least two (2) years and duly accredited by the Sangguniang Bayan;

b. One (1) member shall be from the academe who is a holder of a

college degree in education, and who has acquired experience in the practice of his/her profession for at least three (3) years;

c. One (1) member shall be a proprietor of any of the following

businesses: hotels, restaurants, resorts, tour or travel agencies, tourist land transport operators, professional congress or event organizers, tourist souvenir shops or other tourism-related industry;

d. One (1) member shall be from the mass media, inclusive of

broadcast media, print, and advertising, who has acquired experience in the practice of his/her profession for at least three (3) years;

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e. One (1) member shall be from the performing arts area of

expertise, inclusive of theatre, drama, cinematic arts, music, dance and such other related disciplines, who has acquired experience in the practice of his/her profession for at least three (3) years;

f. One (1) member shall be from the visual arts area of expertise,

inclusive of sculpture, fashion design, painting and such other related disciplines, who has acquired experience in the practice of his/her profession for at least three (3) years;

g. One (1) member shall be from the architecture or interior design

area of expertise who has acquired experience in the practice of his/her profession for at least three (3) years;

h. One (1) member shall be from the literary arts area of expertise,

inclusive of prose, poetry, creative writing and such other related disciplines, who has acquired experience in the practice of his/her profession for at least three (3) years; and

i. One (1) member who is an owner of an antique house.

(b) Appointive members of the Council must be Filipino citizens, residents of the Municipality of Bustos, Bulacan, of good moral character, and known for patriotism, integrity and volunteerism. Section 7. APPOINTMENT POLICY. ― The Municipal Government affirms the provision of Republic Act No. 7356, otherwise known as “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,” which states in Title I, Section 4 thereof that culture shall be “independent, free of political and economic structures which inhibit cultural sovereignty,” and in Section 5 of the same title that culture shall be “non-partisan, open to all people and institution, regardless of creed, affiliation, ideology, ethnic origin, age, gender or class, with no organized group or sector having monopoly of its services.” In congruence therewith, the Municipal Government shall guarantee that the appointment of the appointive members of the Council shall be non-partisan and depoliticized at all extent. Section 8. NOMINATION AND CONFIRMATION PROCESS. ― (a) Within sixty (60) days from effectivity of this Code, the initial appointive members of the Council, as stated in Section 6 of this Code shall be nominated and confirmed in the following manner:

1. Nomination and confirmation of the appointive members of the Council excluding, however, the representative from a non-government or community-based arts and culture organization

a. The Office of the Municipal Mayor shall announce job

applications for the appointive membership of the Council. Candidates shall submit their résumés to said office on or before the day the Office of the Mayor shall appoint. In case that

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during the allotted time for the submission of application no person shall have applied for an appointive membership in the Council satisfying the requirements stated in Section 6, the Municipal Mayor may encourage and invite persons to apply for appointive membership in the Council.

b. Names and résumés of all candidates shall be forwarded to the

Sangguniang Bayan. Attached therewith is the endorsement letter of the Municipal Mayor stating that the Sangguniang Bayan shall screen the pool of candidates and confirm whosoever at the good judgment of the Sangguniang Bayan is fit for membership in the Council.

c. Screening and interview of candidates shall be undertaken by

the Committee on Tourism, Arts and Culture of the Sangguniang Bayan.

d. The Sangguniang Bayan shall confirm, through resolution, the

appointive members of the Council.

2. The nomination and confirmation of the representative of the non-government or community-based arts and culture organization shall be based on the accreditation process prescribed in Rule XIII, Article 64 of the Implementing Rules and Regulations of the Local Government Code of 1991 and such rules that may be promulgated by the Sangguniang Bayan from time to time.

(b) The process herein stated shall apply to all cases of vacancies in the membership of the Council. Section 9. TERM OF APPOINTIVE MEMBERS. ― The appointive members of the Council shall serve for a term of three (3) years, and shall not serve for more than two (2) successive terms. Section 10. COMPENSATION OF MEMBERS. ― Membership in the Council is a civic and voluntary duty. Appointive members shall serve without compensation except that they shall be allowed and paid their actual and necessary expenses in the performance of their duties; for that reason, each appointive member shall receive a per diem of three hundred pesos (Php 300.00) but not to exceed one thousand pesos (Php 1,000.00) a month.

Section 11. MEETINGS OF THE COUNCIL AND QUORUM. ― The regular meetings of the Council shall be held on the first Friday of every month at 10:00 o’clock in the morning. Whenever a regular meeting falls under a non-working holiday, the regular meeting shall be held on the following working day. Special meetings may be called by the Municipal Mayor, by any of the ex-officio members, or by the President, or by any three (3) appointive members of the Council: Provided, That both the President and the Municipal Mayor are informed

in writing. A quorum for the transaction of business shall consist of the majority of all members of the Council.

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Section 12. COUNCIL ACTIONS. ― All official actions and decisions of the Council shall be in writing and expressed through resolution duly signed by the majority of approving members present in the meeting there being a quorum. Section 13. APPEALS. ― Any person aggrieved by a decision of the Council may, within fifteen (15) working days of receipt of the written decision, file a written application with the Council for review of the decision. Section 14. OFFICERS OF THE COUNCIL. ― (a) The Council shall elect from among its appointive members a President, a Vice-President, and a Secretary and such other officers as it may deem necessary, all of whom shall serve for a term of one (1) year and shall not serve for more than two (2) successive terms. (b) The President shall preside at all meetings of the Council. When presiding, he/she may apply such rules of order as he/she may deem appropriate.

(c) In the absence of the President, the Vice-President shall preside at the meeting

of the Council. (d) The Secretary shall keep legible minutes of every meeting and all official documents of the Council. Section 15. POWERS AND DUTIES OF THE COUNCIL. ― The Council shall:

1. Adopt rules for the conduct of its meetings and such other systems and procedures to expedite its business;

2. Promulgate rules and regulations to effectively carry out this Code; 3. Establish a Secretariat and create committees and other

mechanisms;

4. Develop and formulate an annual and a five-year Bustos Arts, Culture and Tourism Development Plan;

5. Establish a system of partnership and inter-institutional

cooperation aimed at attracting non-government cultural organizations, agencies and individuals to participate in and support the programs of the Council;

6. Establish arts, culture and tourism-related projects, activities and

programs that are financially self-sustaining, and in doing so, it may generate resources from government agencies and private sectors, domestic or foreign, for its operations;

7. Receive and accept donations and other conveyances including

funds, materials, and services, by gratuitous title;

8. Establish and develop arts education programs at all levels of the educational system, public and private, to ensure meaningful integration across the school curriculum;

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9. Provide art education to the communities especially those whose

poverty hinders them to gain access to professional and technical learning of the arts;

10. Support art-related industries, and assist cultural workers and

craftspeople by disseminating and promoting their products across the country and overseas;

11. Adopt measures and recommend legislations to protect the welfare,

and rights of Bustos artists, cultural workers, and all other matters concerning culture and arts;

12. Extend recognition of artistic achievement through awards and

services to artists and cultural groups which contribute significantly in the Municipality’s cultural legacy;

13. Ensure that artists and cultural workers take part in the

formulation of artistic and cultural policies in the spirit of collaborative leadership and participatory governance;

14. Document and support scholarly research into the Municipality’s

cultural traditions, arts and crafts, as well as significant cultural movements, achievements, and personalities;

15. Support, monitor and systematize the retrieval and conservation of

artifacts of Bustos culture and history and all Bustos cultural treasures from all over the archipelago and other countries;

16. Designate and recognize historical resources and promote the

protection of the same;

17. Establish art centers, cultural and historical monuments, markers, names and sites, and such other places intended to be used for the development of artistic knowledge or to commemorate the greatness of Bustos culture and history, and encourage the private sector to establish and maintain historic resources, private museums, libraries, artistic and cultural learning centers, and archives;

18. Increase public awareness on the value of historic, cultural and

architectural preservation by developing and participating in public education programs;

19. Support, promote and regulate tourism-related activities and

industries subject to existing laws, rules and regulations; 20. Oversee the broad range of tourism-related matters that affect the

economic and general welfare of the citizens in order to ensure that visitors and tourists can enjoy the historic, environmental and cultural aspects of the Municipality; and

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21. Accomplish all duties and perform all functions necessary to carry out the provisions of this Code.

Section 16. STANDING COMMITTEES. ― The Council shall establish the following standing committees, each shall be constituted by a chairperson, a vice-chairperson and at least one (1) member, all of whom shall be elected from among the members of the Council, to manage and administer its respective tasks and jurisdiction as hereunder stipulated:

1. Committee on Ways and Means – This committee shall be in charge of the generation of funds, materials, services and properties for activities, projects, programs and the operation of the Council and the Secretariat.

2. Committee on Marketing and Promotion – This committee shall

prepare and arrange for and manage all publicity and advertisements of a general character and those related to individual activities; and provide information to patrons, organizations, and companies on a regular basis, and distribute news releases to media, and provide the public with information.

3. Committee on Education and Information – This committee shall

cover but not limited to the following areas: language and translation and cultural education.

4. Committee on Artists and Cultural Workers’ Welfare – This

committee shall be in charge of making preliminary studies on all applications for artist career certificate, and promoting the welfare and rights of all artists and cultural workers in the Municipality. This Committee shall be the primary body in charge of implementing the provisions of Article III of this Code

5. Committee on Heritage Preservation – This Committee shall be the

primary body in charge of implementing the provisions of Article IV of this Code including the preliminary study and review of all applications for historic designation.

6. Committee on Tourism Industry – This Committee shall be the

primary body in charge of implementing the provisions of Article V of this Code.

7. Committee on Archives and Documentation – This Committee

shall be in charge of compiling historical archives, documents, photographs and such other documentary materials, maintenance of municipal galleries, art houses and libraries, publication of books, videos and audio materials purposely for historical documentation and edification, and such other tasks as may be necessary to carry out its purposes.

Section 17. BARANGAY TOURISM COORDINATOR. ― There shall be appointed in every barangay a Barangay Tourism Coordinator who shall:

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1. Initiate studies and make policy and project recommendations in their respective areas for consideration of the Council;

2. Draw up annual, medium and long-term plans for their respective

areas of concern and standardize and formulate criteria for prioritizing programs, projects and activities;

3. Coordinate with the barangay council regarding tourism programs,

projects and activities;

4. Assist in identifying individual artists and cultural workers, non-government organizations, academic institutions and other organizations of their respective barangays that may be able to contribute to the work of the Council;

5. Initiate and implement projects for the benefit of the communities

they represent;

6. Inspect tourism-related business within the area for which he/she has undertaken responsibility with respect to compliance with tourism license; and

7. Perform such other functions as may be assigned by the Council.

Section 18. APPOINTMENT, TERM AND COMPENSATION OF THE

BARANGAY TOURISM COORDINATOR. ― Each Barangay Tourism Coordinator shall be appointed by the respective Barangay Council for a term that it shall determine. The Barangay Tourism Coordinator shall serve without compensation except if the appointing Barangay Council shall deem otherwise. Section 19. REPORTING OF BARANGAY TOURISM COORDINATORS.

― Barangay Tourism Coordinators shall submit regular monthly reports to the Secretariat or as oftener as the Council may prescribe. Section 20. CREATION OF THE ARTS, CULTURE AND TOURISM

SECRETARIAT. ― The Bustos Tourism Office is hereby converted to Arts, Culture and Tourism Secretariat, hereinafter referred to as the “Secretariat.” The Secretariat shall be headed by an Executive Director. The Council shall fix its staffing pattern; and determine the duties, qualifications, responsibilities and functions as well as the compensation scheme for the positions to be created upon the recommendation of the Executive Director, subject to existing laws and such rules and regulations relating to staffing, appointment procedures and compensation. Section 21. ARTS, CULTURE AND TOURISM EXECUTIVE DIRECTOR;

QUALIFICATION AND APPOINTMENT. ― (a) The Council shall appoint an Executive Director who is a citizen of the Republic of Philippines, a resident of the Municipality of Bustos, Bulacan, of good moral character, and a holder of a college degree preferably in mass communication, fine arts, humanities, philosophy, liberal arts, history, sociology or performing arts. He/she must have acquired experience in the practice of his/her profession for at least three (3)

years.

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(b) The Executive Director shall be appointed by the Council based on open nominations. Appointments shall be made after meeting and due deliberation of the Council sitting as a collegial body. The Council shall determine the procedures on the selection and appointment of the Executive Director. (c) The appointment of the Executive Director shall NOT be subject to attestation by the Civil Service Commission. Section 22. PERFORMANCE-BASED CONTRACT AND

COMPENSATION OF THE EXECUTIVE DIRECTOR. ― The Executive Director shall enter into a performance-based contract for a term of one (1) year

renewable for four (4) terms, and may be removed from office for failure to meet commitments, unless such failure is attributable to a cause or causes beyond his/her control. The salary of the Executive Director shall be six thousand pesos (Php 6,000.00) a month and may be increased subject to the availability of funds. Section 23. DUTIES AND RESPONSIBILITIES OF THE EXECUTIVE

DIRECTOR. ― The Executive Director shall:

1. Take charge of the day-to-day affairs, operations, administration, direction and supervision of the Secretariat, ensuring the implementation of Council resolutions and decisions;

2. Formulate arts, culture and tourism development and enhancement

programs for the consideration of the Council, and establish and maintain a system for the achievement of such programs;

3. Prepare the agenda for every meeting of the Council; 4. Provide leadership in the direction and management of local arts,

culture and tourism programs;

5. Coordinate with the barangay tourism coordinators;

6. Submit to the Council periodic reports on the progress of programs and projects, and on the implementation of policies and plans;

7. Maintain effective liaison with the various art-related sectors,

artists and art organizations on matters regarding the promotion of arts and culture;

8. Coordinate with the Department of Tourism, National Council for

Culture and the Arts, National Historical Institute, the Provincial Youth, Sports, Employment, Arts and Culture Office, and such other government agencies for the implementation of arts, culture and tourism programs; and

9. Perform such other functions as may be assigned by the Council.

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ARTICLE III ARTS AND CULTURE

Section 24. POLICY. ― (a) The right to culture must not be limited to the elite. This right must be democratized to build a caring and sharing community, harnessing the participation of the poor and the marginalized groups through relevant arts education.

(b) The Municipal Government shall accord due recognition to artists and their work, support and encourage the development of arts and culture, and provide a system of rewards and recognition of artistic performance, productivity, and creativity. Section 25. ARTS AND CULTURE EDUCATION. ― The Council shall provide a means for poor and marginalized groups to have access to arts and culture education such as, but not limited to, music, literature, visual arts, film and media, dance, theatre, architecture and allied arts. For this purpose, the Council may seek the assistance of national government agencies and such artists as may be applicable and practical. The Committee on Education and Information shall be primarily in charge of providing such services to the poor in the communities. Section 26. BUSTOS SINING KALINANGAN BAYANIHAN PROGRAM. ―

The Council, through the Committee on Education and Information, shall formulate a Bustos Sining Kalinangan Bayanihan Program every three (3) years. The Program is a free arts training intervention to vulnerable and marginalized groups for empowerment, employment, expansion and social rehabilitation. Artists with Artists and Cultural Workers Certificate and such other art educators shall be tapped to facilitate workshops, organize cultural performances and formulate strategies to sustain the program. Section 27. RECOGNITION OF ARTISTS AND CULTURAL WORKERS.

― The Council shall establish a system of recognizing artists and cultural workers of the Municipality. For this purpose, the Council, through the Committee on Artists and Cultural Workers’ Welfare, shall provide an individual Artists and Cultural Workers Certificate as a form of recognition to art practitioners. Artists and cultural practitioners with Artists and Cultural Workers Certificates shall be afforded:

1. Employment opportunities in cultural and artistic productions,

services and the like; 2. Marketing and promotion of artistic and cultural services and

skills;

3. Protection against discrimination and undue exploitation; and

4. Incentives as the Council may provide. Section 28. ARTISTS ENTITLEMENT FUND. ― The Council shall establish an Artists Entitlement Fund in order to provide art practitioners holding Artists and Cultural Workers Certificates financial aid in times of distress, medical difficulties, death, and such other similar occurrences as the Council may

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determine. Funds for such entitlement shall come from revenues of projects and productions of the Council, fees from acquiring Artists and Cultural Workers Certificates, and grants or donations. Section 29. RIGHTS OF ARTISTS AND CULTURAL WORKERS. ― (a) The Council, through the Committee on Artists and Cultural Workers’ Welfare, shall protect and promote at all times the rights and welfare of artists and cultural workers, to wit:

1. Continuing professionalizing studies in arts in all its forms and disciplines;

2. Moral and copyright rights;

3. Protection from censure and unsolicited changes and alteration to art works; and

4. Protection from discrimination and unfair labor practices.

(b) The rights established herein shall be exercised without any interference or coercion. It shall be unlawful for any person to commit any acts of discrimination against artists which are calculated to:

1. Make the employment of an artist subject to the condition that one shall not join an organization, or shall relinquish membership in an organization, or shall be a member of an organization;

2. Cause the dismissal of or otherwise prejudice an artist by reason of

membership in an organization or because of participation in organizational activities;

3. Prevent an artist from carrying out the duties laid upon by the

position in the organization, or to penalize one for an action undertaken in that capacity; and

4. Dictate, alter, modify and omit or cut portions of, directly or

indirectly, the content of the work of an artist.

Section 30. PENALTIES ON INFRINGING THE RIGHTS OF ARTISTS

AND CULTURAL WORKERS. ― Any person who infringes, interferes, or violates a right of an artist specified in this Code shall be penalized with an imprisonment of five (5) days or payment of a fine of two thousand five hundred pesos (Php 2,500.00) or both at the discretion of the court for each count of violation. The Committee on Artists and Cultural Workers’ Welfare is hereby empowered to take note and monitor the prosecution of such cases. Section 31. ESTABLISHMENT OF A FEDERATION OF ARTS

ORGANIZATIONS. ― There is hereby created a federation of arts organizations which shall serve as the umbrella organization of all community-, school- or church-based organizations in the Municipality whose purpose is to promote culture and the arts or to coalesce artists of various or individual artistic disciplines. For this purpose, the Council shall formulate accrediting processes

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and a system of rewards and recognitions to encourage membership in the federation.

ARTICLE IV HERITAGE PRESERVATION

Section 32. POLICY. ― As a matter of public policy, the protection, enhancement and perpetuation of landmarks of historical and cultural importance and significance is necessary to promote the economic, cultural, educational and general welfare of the public. It is recognized that the historic resources of the Municipality represent the unique confluence of time and place that have shaped the identity of generations of citizens, collectively and individually, and these resources constitute the heritage of the Municipality. Section 33. RESPONSIBILITY OF THE MUNICIPAL GOVERNMENT. ―

The Municipal Government shall protect and preserve places and areas of historical and cultural importance and significance, designate places and areas of historic and cultural importance, and regulate and restrict the construction, alteration, reconstruction, or razing of buildings and other structures to maintain heritage and property values. Section 34. HISTORIC RESOURCES. ― The Council shall be empowered to designate historic resources. Section 35. CRITERIA FOR DESIGNATION OF HISTORIC RESOURCES.

― A historic resource may be designated if it meets any of the following criteria:

1. Possesses significance in history, architecture, archaeology, or culture of the Municipality, the Province, or the Country;

2. Associated with events that have made significant contribution to

the broad patterns of local or national history;

3. Associated with the lives of persons significant in the Municipality’s past;

4. Embodies distinctive characteristics of a type, period, or method of

construction;

5. Represents the work of a master designer, builder, or craftsman;

6. Represents an established and familiar visual feature of the Municipality; or

7. The location of a significant historic event.

Section 36. METHODS OF DESIGNATING HISTORIC RESOURCES. ―

The methods of designating historic resources are:

1. Property owner request – Upon request by a property owner, the Council may, by resolution, designate certain buildings, sites, structures, and objects as historic resources.

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2. Council designation for individual historic resources – The Council may, by resolution, designate a building, site, or structure as historic resource. Owners of said property shall be notified prior to the meeting of the Council in which the designation of such property is calendared for discussion. At said meeting, members of the Council, owners, and other interested parties may present testimony or documentary evidence that will form part of a record regarding the historic, architectural, or cultural importance of the proposed historic resource. Property owners may exclude their property from historic designation by written notice to the Council within ten (10) days after the Council has designated, through resolution, that such building, site, or structure is a historic resource.

3. Designation by the National Historical Institute or by any

government agency subject to existing laws, rules and regulations. Section 37. FAILURE TO MEET CRITERIA. ― Property that does not meet historic designation criteria contained in Section 35 shall not be considered in any designation process. Section 38. REGISTER OF HISTORIC RESOURCE. ― There shall be created a register of historic resource to be maintained by the Municipal Assessor. Upon designation of a historic resource, such designation shall be recorded in said register and the tax records of the Municipal Government. Section 39. REMOVAL OF HISTORIC RESOURCE DESIGNATION. ― The historic resource designation may be removed with the approval of the Council due to violation of the provisions of this Article including, but not limited to, demolition by neglect, alteration, restoration or new construction effecting historic resources without approval of the Council as certified by a Certificate of Appropriateness, and for other reasons that in the discretion of the Council, the Municipality shall be served by such removal. Section 40. ALTERATION, RESTORATION, OR NEW CONSTRUCTION

EFFECTING HISTORIC RESOURCES. ― Owners of property designated by the Council as historic resource agrees that the he/she shall not:

1. Implement any exterior alteration, restoration, reconstruction, new construction or relocation, excluding minor in-kind repairs and ordinary maintenance, without first applying for and receiving a Certificate of Appropriateness from the Council.

2. Make any change in the appearance of such property (i.e. light

fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from the public right-of-way, excluding minor in-kind repairs and ordinary maintenance) which shall effect or alter the appearance and cohesiveness of the historic resource, without first applying for and receiving a Certificate of Appropriateness from the Council.

3. Any new construction on the site of a historic resource will require

a Certificate of Appropriateness from the Council.

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Section 41. CERTIFICATE OF APPROPRIATENESS; APPLICATION,

REVIEW AND PROCESS. ― Prior to the commencement of any work requiring a Certificate of Appropriateness, the property owner shall file an application for such Certificate with the Council. The Council, if requested, shall aid the property owner in preparation and completion of the application. The application form shall contain the following:

1. Name, address, telephone number of the applicant, and a detailed description of the proposed work;

2. Location and photographs of the property, adjacent properties, and historical photographs;

3. Drawing and/or illustrative description of the proposed work;

4. If a proposal includes signs, a scale drawing illustrating the type of

lettering to be used, all dimensions, colors, construction materials,

method of illumination, and a plan showing the sign’s location on the property;

5. Site plan, if modifications are being requested; and

6. Any other reasonable information that the Council may deem

necessary in order to visualize the proposed work. Section 42. CHANGES IN SCOPE OF WORK AFTER ISSUANCE OF THE

CERTIFICATE OF APPROPRIATENESS. ― No change shall be made in the scope of work expressly stated in the Certificate of Appropriateness after issuance thereof without resubmitting to the Council and approval thereof in the same manner as provided in Section 41. Section 43. MINOR IN-KIND REPAIRS AND ORDINARY

MAINTENANCE. ― Nothing in this Code shall be construed to prevent minor in-kind repairs or ordinary maintenance. Minor in-kind repairs and ordinary maintenance, including restoration of paintings, shall not require a Certificate of Appropriateness. Section 44. DEMOLITION OR REMOVAL OF HISTORIC RESOURCE. ―

(a) Demolition or removal of a historic resource shall not be granted without the review and approval of a completed application by the Council. Information must be submitted by the applicant, along with an application for a permit for demolition issued by the municipal building official prior to the Council making a ruling on such demolition. The applicant must supply the following information before the application is considered complete:

1. Information describing the condition of the structure;

2. An estimate of the cost of restoration or repair;

3. Demonstration that adaptive use or restoration of the structure has been seriously considered;

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4. Any available historic records of the building, such as drawings or photographs;

5. Architectural drawings for the proposed new construction which is

intended to replace the structure;

6. Any conditions proposed by the property owner to be placed on the land or new development that would mitigate the loss of the historic resource; and

7. Any other reasonable information that the Council may deem

necessary to assist in rendering a decision on the application. (b) The Council shall review the application within sixty (60) days, during which time it shall consider the state of repair in the building, reasonableness of the cost of restoration or repair as against to demolition or removal, the existing or potential usefulness, the purpose behind preserving the structure as a historic resource, the character of the neighborhood, and all other factors it finds appropriate. If the Council determines that, in the interest of preserving historical values, the structure should be preserved, it shall notify the municipal building official that the application has been disapproved. If disapproved, no demolition of the property shall be allowed. Section 45. DEMOLITION BY NEGLECT. ― (a) No owner or person with interest in the real property designated as historic resource shall allow such property to fall into a serious state of disrepair without requesting a permit to demolish. Demolition by neglect is defined as a deterioration of any exterior architectural feature, which would in the judgment of the Council produce a detrimental effect on the life and character of the property itself. (b) Any such property falling into the condition described in paragraph (a) hereof shall be considered “Demolition by Neglect.” All notices for demolition by neglect shall be issued in writing by the Council. A copy of such notice shall be filed with the municipal building official. (c) Examples of such deterioration shall include, but are not limited to, the following:

1. Deterioration of exterior walls or other vertical supports;

2. Deterioration of roofs or other horizontal members;

3. Deterioration of exterior appendages;

4. Deterioration or crumbling of exterior stucco or mortar;

5. Lack of waterproofing of exterior walls, roofs, or foundations, including broken windows or doors that prove ineffective;

6. Deterioration of any feature so as to create hazardous condition

that could lead to the claim that demolition is necessary for public safety; and

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7. Deterioration of ornamental features.

Section 46. TAX INCENTIVE. ― Historic resources shall automatically be eligible for a Historical Appraised Tax Value Exemption of twenty-five per cent (25%) of the appraised value of the property. Such tax incentive shall be revoked upon cancellation of the designation of historic resource. Section 47. ENFORCEMENT. ― All work performed pursuant to a Certificate of Appropriateness issued under this Code shall conform to all requirements included herein. It shall be the duty of Executive Director and the municipal building officer or inspector or any official with similar responsibility to periodically inspect any such work to ensure compliance. In the event that the work being performed is found to not be in accordance with the Certificate of Appropriateness or upon notification of such fact by the Council, the municipal building officer or inspector or any official with similar responsibility shall issue a “Stop Work Order” and all work shall cease immediately. No further work shall be undertaken on the project as long as a “Stop Work Order” is in effect. Section 48. PENALTIES. ― Failure to apply for a Certificate of Appropriateness, failure to apply for permit to demolish, or failure to respond to receipt of notices by the Council shall be deemed a violation consequential to forfeiture of tax incentives, cancellation of the designation of historic resource, and payment of fine amounting to two thousand five hundred pesos (Php 2,500.00).

ARTICLE V TOURISM

Section 49. TOURISM-RELATED BUSINESSES. ― Tourism-related businesses are classified into the following categories:

1. Accommodation services; 2. Resorts and public baths; 3. Tourist transportation, tour guides and travels; 4. Tourism information and advertising services; 5. Leisure activities; 6. Sale of souvenirs and gifts to tourists; 7. Tourism sports;

8. Vocational training schools for tourism; and 9. Any other tourism related services.

Section 50. TOURISM LICENSE. ― The Council shall define tourism-related businesses that require a tourism license duly approved by the Council and signed by the Municipal Mayor. Where an operator performs more than one (1) type of tourism-related business on the same business address, each type of activity must be licensed separately as if it were a separate business operated from separate business address. Where an operator operates tourism-related businesses in more than one business address, he/she must obtain a tourism license for each branch. Upon the entry into force of this Code, no person shall be entitled to engage in any tourism-related business without holding a current tourism license issued by the Council.

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Section 51. STANDARDS IN ISSUING TOURISM LICENSES. ― The Council shall determine standards and other criteria for each type of tourism license designed to establish, improve and maintain the quality of tourism services in the Municipality. Such standards and criteria shall include: location of the business, types of equipment and vehicles, and the qualifications, experiences of the operators and key personnel. In general, all tourism-related businesses shall comply with a common standard, generic for all types of tourism-related businesses and may differ only with respect to the specific features of each type of activity. In case any requirement shall be approved as a legal fulfillment by another office or agency, the Council shall recognize that the operator has fulfilled said requirement. Section 52. TOURISM LICENSE FEES, APPLICATION AND PERIOD OF

VALIDITY. ― The operator of the tourism-related business shall make the application for the issuance or renewal of a tourism license in the prescribed form and accompanied by a fee and other supporting documents as determined by the Council. For the purposes of this Code, the fee for a tourism license shall be five hundred pesos (Php 500.00), and each tourism license shall be valid for

one (1) calendar year. Section 53. RENEWAL OF TOURISM LICENSE. ― Before the expiration date of license, the licensee shall submit an application for renewal not earlier than thirty (30) and not later than thirty (30) days after the expiration date, and accompanied by the fee and terms and conditions as the Council shall determine. Late application of renewal shall be penalized with a fine of twenty pesos (Php 20.00) per day of unpunctuality. Section 54. APPROVAL OF APPLICATION FOR TOURISM LICENSE. ― The Council shall review and evaluate the application for tourism license and advise the applicant within thirty (30) days from its receipt of a complete application. Section 55. TOURISM LICENSE NOT TO BE CONSTRUED AS BUSINESS

PERMIT. ― Tourism license shall not be construed as business permit but as separate and distinct therefrom. A tourism-related business with a tourism license but does not have a business permit shall not exempt the operator thereof from penalties in accordance with law.

Section 56. CANCELLATION OF TOURISM LICENSE. ― (a) The Council shall have the right to cancel or suspend a tourism license and order the Municipal Licensing Officer to cancel or suspend its business license when the licensee has engaged in either of the following:

1. Provided false or misleading information in the application for the purpose of obtaining the license;

2. Did not maintain all or any of the licensing conditions, or failed to

comply with all or any of the duties of a tourism operator as stipulated under this Code; or

3. Sold counterfeit souvenir gifts or mislead a buying tourist as to the

gift’s source.

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(b) In making any cancellation or suspension of a tourism license, the Council shall provide the licensee a one (1) month prior notice specifying the reasons for such action. (c) In the event that the continuing operation of a tourism-related business poses an imminent and serious risk to health, morality, safety or security of the public, the Council shall immediately suspend or cancel the tourism license without prior notice; nevertheless, the Council shall notify the licensee within seven (7) days after making such decision, specifying as well the reason for such action. (d) A business involved in a tourism-related business whose tourism license has been cancelled or suspended, or operated without having a valid tourism license shall be closed down immediately by the Council. Section 57. BARANGAY TOURISM COORDINATORS AS INSPECTORS.

― (a) Barangay tourism coordinators are hereby deputized to inspect tourism-related businesses regarding its owners or proprietors’ compliance with the conditions of the tourism license.

(b) The powers and duties of the inspector are as follows:

1. Calling for and copying records, accounts and other supporting documents relating to the industry;

2. Inspecting articles relating to the industry in order to examine

whether or not a license-holder has complied with the conditions of the license;

3. Inspect owners or proprietors of tourism-related business

establishments as to their acquirement of tourism license; and

4. Having the right to examine in accordance with this Code or any issuance of the Council any building, vehicle or person relating to the tourism industry.

Section 58. INSPECTION GUIDELINES. ― The general inspection guidelines to be observed at all times are:

1. Inspectors may enter any place of business or premises, facilities, its machinery and equipment used or being used for conducting a tourism-related business.

2. The Council may collaborate and coordinate the inspection with

officers from other competent agencies or offices and may ask the assistance of law enforcement authorities.

3. If residences are used as business offices or premises, inspections

can only take place during working hours. Outside working hours, permission from a prosecutor or judge and the presence of local law enforcement authority shall be required.

4. Inspectors shall present their identity cards or mission

authorization letters prior to conducting the inspection.

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5. When in the course of the inspection, the inspector discovers or has

reasonable ground to believe that there has been a violation of a criminal law, other than the provisions of this Code; he/she shall immediately report the same to the competent law enforcement authorities so appropriate action can be undertaken.

6. Tourism operators subject to inspections shall be required to

cooperate with inspectors so that they may carry out their tasks.

7. No person shall prevent, obstruct or interfere with the inspections prescribed under this Code.

Section 59. INCENTIVES FOR QUALITY ASSURANCE. ― (a) To encourage quality assurance in the tourism industry, the Council shall develop a “Tatak Galing, Tatak Bustos” as an award to any tourism operator who strictly complied with the sanitary and environmental standards in accordance with law. (b) Only tourism operators who have been awarded with the “Tatak Galing, Tatak Bustos” shall have right to affix this label onto their products, establishments or services. (c) Holders of the “Tatak Galing, Tatak Bustos” may receive supplemental privileges and incentives from the Municipal Government in priority to other tourism operators, such as, inter alias:

1. Discounts in payment of business permits and tourism licenses; 2. Free publicity and advertisements inclusive of publications by the

Municipal Government, plug-ins and the like for one (1) calendar year; and

3. Other incentives as may be determined by the Council.

ARTICLE VI OTHER PROVISIONS

Section 60. MINASA FESTIVAL. ― There is hereby instituted the Minasa Festival which shall be an annual festivity highlighting the Municipality’s historical and natural resource, tourist attractions, the founding anniversary of

the Municipality, and the “minasa.” The Minasa Festival shall be held on the first week of January every year. The initial Minasa Festival shall be held on the first week of January in the year two thousand and ten. The Council shall be primarily responsible for the preparation, organization and management of the event. The Municipal Government shall provide sufficient funds therefor. Activities of the Minasa Festival include, but are not limited to:

1. Street dance; 2. Theatrical performances and art showcases; 3. Fairs and exhibits; 4. Minasa exhibit; 5. Minasa kite-flying competition in which kites are designed after

minasas; and 6. Baking of the largest Minasa in the world for inclusion in the

Guinness Book of World Records.

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Section 61. DAMBUHALANG SAYA PROGRAM. ― The Council shall formulate a sustainable and long-term investment program for the creation of the Dambuhalang Saya Program inclusive of which is the beautification of the Bustos

Dam, engagement of private investors to establish businesses within the area, and establishment of recreational sports and water facilities therein. Section 62. DEVELOPMENT OF POTENTIAL TOURIST ATTRACTIONS.

― For the next three (3) years following the enactment of this Code, the Council shall focus primarily on formulating plans and the implementation thereof towards the development of potential tourist attractions and/or destinations, to

wit:

1. The waterways traversing Barangays Cambaog, Talampas and Malamig this Municipality;

2. Areas and municipal districts with antique houses;

3. Revival of calesas and horse-drawn carriages; and

4. Ostrich farms and areas that are habitats to rare or exquisite natural

resources of flora and fauna.

ARTICLE VII FINAL PROVISIONS

Section 63. IMPLEMENTING RULES AND REGULATIONS. ― The Council shall formulate the necessary rules and regulations to implement the provisions of this Code not later than ninety (90) days from the establishment of the Council. Section 64. FISCAL MANAGEMENT. ― (a) The Council shall, as far as possible, ensure the financial sustainability of arts, culture and tourism programs to finance the operations, programs and projects of the Council and the Secretariat. Twenty per cent (20%) of the annual net revenues of the Council shall be remitted to the Municipal Treasury annually. The accounts of expenses and revenues of the Council shall be submitted to the Municipal Accountant. (b) The Council shall maintain all of its revenues in a banking institution the Council shall designate, and withdrawals shall be made through Council resolutions. The signatories for the withdrawal of funds shall be the President, the Secretary and the Executive Director. Section 65. SEED CAPITAL AND SUBSIDY. ― The Municipal Government shall transfer from the Bustos Tourism Office all appropriation therefor including its office equipments, physical space and assets to the Council as seed capital for the programs, projects and operational expenses thereof. Thereafter, the Municipal Government shall provide counterpart funds as subsidies to the Council. Appropriations for tourism development programs shall be channeled to the Council as subsidy of the Municipal Government therefor. Such financial counterpart of the Municipal Government as may be necessary to carry out the provisions of this Code shall be included in the appropriations ordinance of the year following its enactment and thereafter. The Council shall submit to the

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Sangguniang Bayan annually the necessary budget estimates as subsidy of the Municipal Government. Section 66. SEPARABILITY CLAUSE. ― If for any reason, any section or provision of this Code is declared illegal or unconstitutional, other sections or provisions hereof, which are not affected thereby, shall continue to be in full force and effect. Section 67. REPEALING CLAUSE. ― All previous issuances, ordinances, codes, rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this Code are hereby repealed or modified accordingly. Section 68. EFFECTIVITY CLAUSE. ― This Code shall take effect immediately.

Certified true and correct:

LUIS S. DE GUZMAN

Secretary

APPROVED by the majority of Sangguniang Bayan Members on the 24th of March 2008. ATTESTED:

FELICISIMO DR. RAMOS

Acting Municipal Vice-Mayor

APPROVED: __________________, 2008.

TEODORICO S. GERVACIO

Acting Municipal Mayor

Note: This Code was transmitted for approval by the Sangguniang Bayan to the Office of the Acting Municipal Mayor on 31 March 2008. The term of the Acting Municipal Mayor ended on 07 April 2008 at the same time that the incumbent Municipal Mayor returned to office as local chief executive with the inherent power to approve this Code.

APPROVED: __________________, 2008.

CARLITO D. REYES

Municipal Mayor

DEEMED APPROVED: 11 April 2008

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CERTIFICATION

Municipal Ordinance No. 22 entitled “An Ordinance Enacting a Code for the Promotion, Development and Institutionalization of Arts, Culture and Tourism in the Municipality of Bustos, Bulacan, Professionalizing the Council for Tourism, Establishing the Rules and Regulations Governing Tourism Industries and Activities, Prescribing Penalties for Violation Thereof, and for Other Purposes” was passed by the majority of the Sangguniang Bayan Members in attendance on the 24th of March 2008 and transmitted to the Office of the Acting Municipal Mayor on the 31st of March 2008. The term of the Acting Municipal Mayor, who, at that time, was devolved with the power to approve said Code, ended on the 6th of April 2008, thereby the power of approval was restored to the incumbent Municipal Mayor. On the 11th of April 2008, said Code was returned to the Sangguniang Bayan without signature of the Local Chief Executive, eleven (11) days succeeding the submission of the Sangguniang Bayan to the latter’s Office. Considering that executive action on an ordinance or resolution shall be communicated by the Local Chief Executive to the Sangguniang Bayan within ten (10) days after receipt of the legislation, and that no veto or approval was communicated by the Municipal Mayor within the prescribed period of such approval or veto, this CERTIFICATION is issued so as to attest to the fact that Municipal Ordinance No. 22 was DEEMED APPROVED by virtue of Section 54 (b) of the 1991 Local Government Code. ISSUED this 17th of April 2008.

LUIS S. DE GUZMAN

Secretary

Sangguniang Bayan

act (arts, culture and tourism) code

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