“TUBONG AS INTANGIBLE CULTURAL HERITAGE ORDINANCE OF BOAC 2015.”

“TUBONG AS INTANGIBLE CULTURAL HERITAGE ORDINANCE OF BOAC 2015.” P a g e 1 | 11

EXCERPT FROM THE MINUTES OF THE EIGHTH (8TH) REGULAR

SESSION (2015) OF THE EIGHTH (8TH) SANGGUNIANG BAYAN OF

THE MUNICIPALITY OF BOAC, PROVINCE OF MARINDUQUE HELD

AT THE SANGGUNIANG BAYAN SESSION HALL, 2F NEW

MUNICIPAL GOVERNMENT BUILDING, ON MARCH 02, 2015, 9:00AM

MEMBERS PRESENT:

Hon. Dante J. Marquez Vice-Mayor & Presiding Officer

Hon. Sonny L. Paglinawan Temporary Presiding Officer Hon. Benjamin M. Solomon I Sangguniang Bayan Member Hon. Aurelio J. Leva III Sangguniang Bayan Member Hon. Benildo L. Largado Sangguniang Bayan Member Hon. Rolando M. Larracas Sangguniang Bayan Member Hon. Miguel R. Magalang Sangguniang Bayan Member Hon. Carlos M. Palomares Sangguniang Bayan Member Hon. Bernadine O. Mercado Ex-Officio Member, Liga

MUNICIPAL ORDINANCE NO. 178 s.2015

AN ORDINANCE ESTABLISHING SYSTEMS AND POLICIES IN SAFEGUARDING “TUBONG” AS AN INTANGIBLE CULTURAL

HERITAGE OF THE MUNICIPALITY OF BOAC, PROVIDING FOR MECHANISMS OF IMPLEMENTATION, ESTABLISHING A MUNICIPAL INTANGIBLE CULTURAL HERITAGE FUND

THEREFOR, AND FOR OTHER RELATED PURPOSES

PRINCIPAL AUTHOR & SPONSOR: HON. MIGUEL R. MAGALANG Chairperson, Committee on Education, Local History, Culture and the Arts

Co-author: HON. BERNADINE E. OPIS-MERCADO Committee on Barangay Affairs

BE IT ORDAINED, AS IT IS HEREBY ORDAINED,

by the 8th Sangguniang Bayan of Boac, Marinduque in session duly assembled that:

REPUBLIC OF THE PHILIPPINES Province of Marinduque Municipality of Boac

Office of the Sangguniang Bayan


Section O1. SHORT TITLE. This Ordinance in its short form shall be known, referred to and cited as the “TUBONG AS INTANGIBLE

CULTURAL HERITAGE ORDINANCE OF BOAC 2015.” Section O2. DECLARATION OF POLICY. The municipal govern-ment hereby reiterates the State policy that “[every] local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are

essential to the promotion of the general welfare. (Section 16, RA

7160.), and also hereby reiterates other relevant policies:

(a) Article XIV of the Philippine Constitution with the following salient provisions:

“Section 14. 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.

“Section 15. 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.

“Section 16. 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 18. (1) The State shall ensure equal access to cultural opportunities through the educational system, public or private cultural entities, scholarships, grants and other incentives, and community cultural centers, and other public venues. (2) The State shall encourage and support researches and studies on the arts and culture.”

(b) The salient provisions of the “United Nations Convention for the Safeguarding of The Intangible Cultural Heritage (ICH) of 2003.”

(c) Republic Act No. 10066: An Act Providing For The Protection And Conservation Of The National Cultural Heritage, Strengthening The National Commission For Culture And The Arts (NCCA) And Its Affiliated Cultural Agencies, And For Other Purposes:


Section 16. Documentation and Preservation of Traditional and Contemporary Arts. - Local government units shall document traditional and contemporary arts and crafts, including their processes and makers, and sustain the sources of their raw materials. Local government units shall encourage and sustain traditional arts and crafts as active and viable sources of income for the community.

“The Commission, the Department of Trade and Industry, the Department of Tourism and other government agencies involved directly or indirectly in the production of goods shall assist the local government units in protecting their traditional and contemporary arts and crafts, making them viable for current and future markets, with a view to encouraging and promoting the unique heritage and identities of said communities.

“The local government unit concerned shall submit an annual inventory of these documentations to the Commission, which will be included in the Philippine Registry of Cultural Property, as established in Section 14 of this Act.”

xxx

“Section 33. Incorporation of Cultural Property Programs in Local Government Units' Budgets. - The local government units are encouraged to incorporate programs and budgets for the conservation and preservation of cultural property in their environmental, educational and cultural activities.”

“Section 34. Training Programs. - The Commission, in coordination with the appropriate cultural agencies, shall provide general training programs on conservation to the local government units which have established cultural heritage programs and projects in their localities.

(d) RA 7160, Section 16. “xxx Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, xxx.”

(e) RA 7160, Section 447(a)(5)(xiv), “Establish a municipal 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.”


Section O3. DEFINITION OF TERMS. As used in this Ordinance the following are hereby defined:

(a) The “intangible cultural heritage,” (ICH) pursuant to UNESCO’s 2003 Intangible Cultural Heritage Convention, means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage (ICH), transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. The intangible cultural heritage (ICH) is manifested, inter alia, in the following domains: (a) oral traditions and expressions, including language as a vehicle of the intangible cultural heritage; (b) performing arts; (c) social practices, rituals and festive events; (d) knowledge and practices concerning nature and the universe; (e) traditional craftsmanship.

(b) “Safeguarding” means measures aimed at ensuring the viability

of the intangible cultural heritage, including the identification, documentation, research, preservation, protection, promotion, enhancement, transmission, particularly through formal and non-formal education, as well as the revitalization of the various aspects of such heritage.

(c) “Tubong,” also known as ‘Putong,’ in its various forms and versions, is a folk ritual or ceremony of singing or incantation, dancing or poetry narration which was originally associated with ancient healing rituals that involved the intercession of patron saints. It is also considered as a ritual or ceremony of thanksgiving as people in various communities of the municipality commemorated important events in a life cycle of a family or community member, thus the various versions and forms of Tubong. Tubong is also held as a welcome or thanksgiving rite for whatever blessings received or welcome visitors, as practiced in the municipality of Boac.


(d) “House of Living Tradition for Tubong” the designated space which shall be used by the practitioners of the craft in practicing the ritual or ceremonies, conduct of non-formal studies for the Tubong, showcasing space or place on a regular basis or during special occasion for the conduct of a Tubong Festival as may be provided hereof, or other activities aimed at preserving, promoting or safeguarding Tubong as an intangible cultural heritage of the municipality of Boac.

Section O4. DECLARATION OF “TUBONG” AS AN INTANGIBLE CULTURAL HERITAGE (ICH). It is hereby declared that “Tubong” is an intangible cultural heritage of the municipality of Boac and as such, the municipal government shall ensure for the safeguarding thereof.

Specifically, the municipal government shall ensure the viability of the intangible cultural heritage (ICH), including the identification, docu-mentation, research, preservation, protection, promotion, enhance-ment, transmission, particularly through formal and non-formal education, as well as the revitalization of the various aspects of this intangible cultural heritage (ICH) to pass it on from generation to generation. Section O5. SAFEGUARDING “TUBONG” AS AN INTANGIBLE CULTURAL HERITAGE (ICH). It is hereby ordained that in order to ensure the safeguarding, development and promotion of Tubong as an intangible cultural heritage of the municipality of Boac, the municipal government shall endeavour to: (a) adopt a general policy as articulated hereof, aimed at promoting

the function of the intangible cultural heritage in society, and at integrating the safeguarding of such heritage into planning programmes of the municipal government;

(b) designate or establish a competent multi-sectoral and inter-agency

body, as ordained hereof, for the safeguarding of the intangible cultural heritage;

(c) foster, as far as practicable, scientific, technical and artistic studies, as well as research methodologies, with a view to effective safeguarding of the intangible cultural heritage;

(d) adopt appropriate legal framework, technical, administrative and financial measures aimed at:


(i) fostering the creation or strengthening of institutions for training in the management of the intangible cultural heritage and the transmission of such heritage through forums and spaces intended for the performance or expression thereof;

(ii) ensuring access to the intangible cultural heritage while respecting customary practices governing access to specific aspects of such heritage;

(iii) establishing documentation for the intangible cultural heritage and facilitating access to them.

(e) ensure recognition of, respect for, and enhancement of the

intangible cultural heritage in the entire municipality, in particular through:

(i) educational, awareness-raising and information programmes, aimed at the general public, in particular young people;

(ii) specific educational and training programmes within the communities and groups concerned;

(iii) capacity-building activities for the safeguarding of the intangible cultural heritage, in particular management and scientific research; and

(iv) non-formal means of transmitting knowledge; (f) keep the public informed of the dangers threatening such heritage,

and of the activities carried out in pursuance of the spirit and intent of this Ordinance;

(g) promote education for the protection of natural spaces and places

of memory whose existence is necessary for expressing the intangible cultural heritage.

Section O6. IMPLEMENTING GUIDELINES AND MECHANISMS. The following guidelines and mechanisms shall govern the effective and efficient implementation of the letters and intent of this Ordinance for the safeguarding of “Tubong” as an intangible cultural heritage of the municipality of Boac:

(a) At any time and in whatever circumstance, “Tubong”, as an intangible cultural heritage of the municipality shall be respected, preserved, promoted, safeguarded and showcased based on its original purposes and/or for local tourism purposes;

(b) While preserving and protecting the objectives of “Tubong” as an intangible cultural heritage, the municipal government shall also encourage efforts that would evolve it in accordance with the changing rhythm, fashion and influences of society.


(c) For purposes of safeguarding, preserving and promoting “Tubong” as an intangible cultural heritage of the municipality of Boac, it is hereby ordained that the Second Floor of the Casa Real, owned by the municipal government, is hereby designated, declared and authorized to be the municipality’s ‘House of Living Tradition for Tubong,’ as one among the other uses of the said edifice. For purposes of this Ordinance, the use of the said space or place shall be without charge when used for the safeguarding of Tubong as declared hereof.

(d) The municipal government, through the Municipal Council for Local History, Culture and the Arts created under Municipal Ordinance No. 2002-077 and the Municipal School Board, in coordination with the local offices of the Department of Education, the Marinduque State College’s Cultural Depart-ment, private schools, non-government organizations, and the National Commission for Culture and the Arts (NCCA) per Section 34 of RA 10006 (Providing for the Protection and Conservation of the National Cultural Heritage, Strengthening the National Commission for Culture and the Arts (NCCA) and Its Affiliated Cultural Agencies, and for Other Purposes), shall endeavour to fund and undertake relevant researches for the historical documentation, preservation, protection, enhancement and transmission of “Tubong” as an intangible cultural heritage of the municipality of Boac.

(e) The Municipal Council for Local History, Culture and the Arts shall ensure the proper documentation and recording through various media of the intangible cultural heritage as well as the identification, inventory, profiling, updating and maintenance of a database of all performing groups of “Tubong” and their members in each of the barangays of the municipality of Boac.

(f) Each performing group of Tubong in every barangay is hereby designated as the holding organiz ation of the intangible cultural heritage declared herein. A holding organization is one which can comprehend, preserve, evolve or transmit the arts or functions of Tubong as an intangible cultural heritage. The Municipal Council for Local History, Culture and the Arts shall provide for inheritance training for the members of holding organizations or the performing groups/practitioners of Tubong in each barangay, to ensure that the intangible cultural heritage is systematically handed over to new generation of performing groups among the youth.


(g) The Municipal School Board shall install mechanisms for inclusion of the teaching and popularization of Tubong in the school curricula of the basic education program, particularly in MAPEH (Music, Arts, Physical Education and Health) subject areas with the ultimate aim of organizing Tubong Performing Groups in each school.

(h) The Liga ng mga Barangay, in coordination with the Municipal Council for Local History, Culture and the Arts shall also undertake the organizing and/or enhancement of Community Tubong Groups in every barangay to perpetuate the ritual and make them active players of the unique intangible cultural heritage in their respective territories. Relative hereof, the Sangguniang Barangay are hereby authorized to allocate appropriate funds in their annual investment programs for utilization in the promotion, preservation and safeguarding of Tubong in their respective jurisdictions.

(i) There shall be an Annual Tubong Festival in the municipality of Boac to showcase the unique intangible cultural heritage which shall involve school-based Tubong Performing Groups and Community Tubong Groups which shall be spearheaded by the Municipal Council for Local History, Culture and the Arts.

Section O7. ORGANIZATIONAL MECHANISMS. (a) The Municipal Council for Local History, Culture and the Arts shall assume full responsibility for the implementation of the intent and objectives of this Ordinance, including the planning, implementation and evaluation of all programs, projects and activities related hereof, as well as the management and proper disbursement of the Intangible Cultural Heritage Fund instituted in the succeeding section hereof. (b) The Community Affairs Officer, a Cultural Heritage Officer to be designated by the Local Chief Executive on a concurrent capacity or on a job order status or other staff as may be designated by the local chief executive, shall be responsible in providing coordinative, secretarial, clerical, custodial and other logistical services to the Municipal Council for Local History, Culture and the Arts in furtherance of the intent and full implementation of this Ordinance. They shall assist the said Council in the crafting of the annual programs, projects and activities mandated hereof, annual estimate of expenses, and in designing a master plan for the promotion, preservation, transmission and safeguarding of Tubong as envisioned hereof.


Section O8. INTANGIBLE CULTURAL HERITAGE FUND. It is hereby ordained that the annual appropriation to finance the programs, projects and activities conceptualized in relation to the provisions of this enactment shall be integrated in the Local Development Investment Program and Annual Investment Program of the municipal government under a fund item to be known as “Intangible Cultural Heritage Fund.”

Section O9. GRANT OF AUTHORITY TO THE LOCAL CHIEF EXECUTIVE TO ENTER INTO AGREEMENT. – In furtherance of the purpose and intent hereof, the Local Chief Executive is hereby granted authority to enter into agreement with national government agencies, the private sector, nongovernment organizations or other entities in relation to financing of programs and projects to be implemented by the local government unit on trainings and other programs related to the promotion, preservation or safeguarding of Tubong, subject to ratification by the Sangguniang Bayan.

Section 1O. MANDATORY SUNSET REVIEW – Within five (5) years after the effectivity of this Ordinance, or as the need arises, a Joint Executive-Legislative-CSO Oversight Committee shall conduct a sunset review. For purposes of this Ordinance, the term "sunset review" shall mean a systematic evaluation by the Joint Oversight Committee of the accomplishments and impact of this Ordinance, as well as the performance and effectiveness of the institutional, organizational and enabling mechanisms created hereof, for purposes of determining remedial legislations.

In furtherance hereof, the Joint Oversight Committee shall be composed of nine (9) members: three (3) members shall come from the executive departments of the local government to be selected by the local chief executive; three (3) members shall be selected by the Sangguniang Bayan from among its members; and, three (3) members from the accredited CSOs or academic institutions that are involved in the implementation of any of the programs hereof to be selected by the Municipal Council for Local History, Culture and the Arts and/or the Municipal School Board, provided that one (1) CSO representative shall represent the performing groups of Tubong.

Section 11. REPEALING CLAUSE. All ordinances, rules and regulations, other issuances, or parts thereof that are inconsistent with any or all of the provisions of this Ordinance are hereby amended, repealed or modified accordingly.


Section 12. SEPARABILITY CLAUSE. This Ordinance and its provisions are hereby deemed separable. If for any reason part/s or provision/s hereof is/are declared unconstitutional, ultra vires or inconsistent with law by a competent authority, any other part/s or provision/s not affected thereby shall remain valid, in force and effect unless otherwise repealed, modified or amended accordingly. Section 13. EFFECTIVITY. This Ordinance shall take effect on the date of approval or enactment and shall remain in force until they are amended or repealed. ENACTED this 02nd day of March, 2015 at Boac, Marinduque.

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I HEREBY CERTIFY TO THE CORRECTNESS of the foregoing Ordinance adopted by the Eighth Sangguniang Bayan of Boac, Marinduque during its Eight Regular Session (2015) held on March 02, 2015 at the Sangguniang Bayan Session Hall, 2F New Municipal Government Building, Boac, Marinduque.

ARNEL S. MACAVINTA Secretary to the Sangguniang Bayan

ATTESTED TO BE TRULY ENACTED: DANTE J. MARQUEZ Vice-Mayor & Presiding Officer


CONCURRENCE:

SONNY L. PAGLINAWAN Sangguniang Bayan Member

BENJAMIN M. SOLOMON I Sangguniang Bayan Member

(On Leave) LUISITO S. LAYLAY Sangguniang Bayan Member

AURELIO J. LEVA III Sangguniang Bayan Member

BENILDO L. LARGADO Sangguniang Bayan Member

ROLANDO M. LARRACAS Sangguniang Bayan Member

MIGUEL R. MAGALANG Sangguniang Bayan Member

CARLOS M. PALOMARES Sangguniang Bayan Member

BERNADINE E. OPIS-MERCADO Ex-Officio Member (LIGA)

APPROVED:

ROBERTO M. MADLA, C.E. Municipal Mayor

“TUBONG AS INTANGIBLE CULTURAL HERITAGE ORDINANCE OF BOAC 2015.”

Documents

Transcript of “TUBONG AS INTANGIBLE CULTURAL HERITAGE ORDINANCE OF BOAC 2015.”