An Act Establishing a Framework for the Selection of National Performing Arts Companies, Designating for the Purpose Certain Performing Arts Genres and Appropriating Funds Therefor

Seventeenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand eighteen.

REPUBLIC ACT No. 11392

An Act Establishing a Framework for the Selection of National Performing Arts Companies, Designating for the Purpose Certain Performing Arts Genres and Appropriating Funds Therefor

Be it enacted by the Senate and House of Representatives of the Philippine Congress assembled:

Section 1. Short Title. -This Act shall be known as the "National Performing Arts Companies Act".

Section 2. Declaration of Policy. -Pursuant to Article II, Sections 17 and 23, and Article XIV, Sections 14, 15 and 18(2) of the Constitution, it is hereby declared the policy of the State to appropriately recognize, designate and support nongovernment organizations that have demonstrated pioneering, consistent and unassailable competence, effectiveness and success in the development, training, documentation and performance of ballet and contemporary dance, orchestral music, choral music, and theater.

Section 3. Designation as National Performing Arts Companies. -A National Performing Arts Company is hereby designated for a period of five (5) years from the following performing arts genres:

Section 4. Roles and Functions. -A National Performing Arts Company shall have the following roles and functions:

Section 5. The Selection Committee. -There is hereby established a Selection Committee for the National Performing Arts Companies composed of fifteen (15) members, who shall be chosen from a panel, of experts knowledgeable in the artistic and technical aspects of the performing arts, to be designated by the National Commission for Culture and the Arts (NCCA) and the CCP. The members of the Selection Committee shall elect a Chairperson from among themselves.

The Selection Committee shall draw up the appropriate guidelines for the selection process of the National Performing Arts Companies. It shall adopt the following procedures:

The results of the final selection shall be ratified jointly by the NCCA Board of Commissioners and the CCP Board of Trustees.

Section 6. Criteria for Selection. -The Selection Committee shall select the National Performing Arts Companies based on the following criteria:

Section 7. Entitlements. -The National Performing Arts Companies, namely, the National Ballet/Contemporary Dance Company, the National Theater Company, the National Orchestra, the National Choral Company, and the National Indigenous Performing Ensemble shall be entitled to the following:

Section 8. Memorandum of Agreement. -Within thirty (30) days upon t he effectivity of this Act, the CCP and the NCCA shall execute the necessary Memorandum of Agreement with the concerned stakeholders, in accordance with this Act and other existing laws.

Section 9. Tax Exemption. -Any donation, contribution, bequest and grant, which may be made to the National Performing Arts Companies to be used actually, directly and exclusively by the National Performing Arts Companies shall be exempt from donors tax and the same shall be considered as allowable deduction from the gross income of the donor, in accordance with the provisions of the National Internal Revenue Code of 1997, as amended: Provided, That such National Performing Arts Companies are accredited nongovernment organizations pursuant to Executive Order No. 720 issued on April 11, 2008.

Section 10. Appropriations.— Each National Performing Arts Company shall be appropriated the following amounts:

A maximum of fifteen (15), or a maximum of three (3) from each of the next most qualified applicants of the performing arts companies mentioned, shall be entitled to a subsidy of One million pesos (₱1,000,000.00) a year, renewable upon evaluation, for performance, research, documentation, and commissioned work.

Such amounts to be appropriated for the National Performing Arts Companies may be subject to adjustments once every five (5) years after the effectivity of this Act.

The amount necessary to implement the provisions of this Act shall be included in the budget of the CCP in the annual General Appropriations Act.

Section 11. Implementing Rules and Regulations. -Within ninety (90) days from the approval of this Act, the President of the CCP shall, in consultation with the Chairperson of the NCCA, formulate the rules and regulations implementing the provisions of this Act. The implementing rules and regulations issued pursuant to this section shall take effect thirty (30) days after its publication in two (2) national newspapers of general circulation.

Section 12. Separability Clause. -If any provision of this Act is held invalid or unconstitutional, the other provisions not so declared shall remain in force and effect.

Section 13. Repealing Clause. -All laws, decrees, orders and rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or amended accordingly.

Section 14. Effectivity. -This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

(Sgd) VICENTE C. SOTTO III
President of the Senate

(Sgd) GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

This Act which originated in the House of Representatives was passed by the House of Representatives on December 10, 2018, amended by the Senate of the Philippines on May 20, 2019, and which amendments were concurred in by the House of Representatives on June 3, 2019.

(Sgd) MYRA MARIE D. VILLARICA
Secretary of the Senate

(Sgd) DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives

(Sgd) RODRIGO ROA DUTERTE
President of the Philippines

Approved: August 22, 2019.