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Gawad sa Manlilikha ng Bayan Day (Republic Act No. 7355 of 1992)

Photo from Unsplash | Chloe Evans

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.


AT A GLANCE:

“Manlilikha ng Bayan Act” declares the policy of the State to preserve and promote its traditional folk arts whether visual, performing, or literary for their cultural value, and to honor and support traditional folk artists for their contribution to the national heritage by ensuring that the artistic skills which they have painstakingly cultivated and preserved are encouraged and passed on to future generations of Filipinos. (REPUBLIC ACT NO. 7355)


“Manlilikha ng Bayan Act” declares the policy of the State to preserve and promote its traditional folk arts whether visual, performing, or literary for their cultural value, and to honor and support traditional folk artists for their contribution to the national heritage by ensuring that the artistic skills which they have painstakingly cultivated and preserved are encouraged and passed on to future generations of Filipinos.

The law says – 

“Manlilikha ng Bayan” shall mean a citizen or a group of citizens engaged in any traditional art uniquely Filipino, whose distinctive skills have reached such a high level of technical and artistic excellence and have been passed on to and widely practiced by the present generation in his/her community with the same degree of technical and artistic competence.

“Traditional Folk Art” refers to expressions of distinctiveness and artistic quality created to serve a decorative and/or utilitarian or sociocultural functions of traditional folk artists commonly known for such works.

 

To become a Manlilikha ng Bayan, the candidate must satisfy the following minimum criteria:

Technical and creative skill – The candidate must possess a mastery of the tools and materials needed by the art, and must have an established reputation in the art as master and maker of works of extraordinary technical quality;

Artistic quality – The work of the candidate must be outstanding aesthetically, and he/she must have consistently produced over a significant period, works of superior quality;

Community tradition – The candidate must have transferred and/or willing to transfer to other members of the community, skills in the folk art for which the community has become nationally known.

Folk art tradition – The candidate must have engaged in a folk art tradition that has been in existence and documented for at least fifty (50) years; and

Character and integrity – As a precious treasure of the country, the candidate must command the respect and admiration of the country for his character and integrity.

The implementing agency may require additional criteria and qualifications in pursuance of the purposes of this Act.

 

The award given to the Manlilikha ng Bayan shall be called Gawad sa Manlilikha ng Bayan.

In addition, the following incentives shall be enjoyed:

Plaque/Medal – The awardee shall each receive a commemorative plaque and/or medal, a duplicate set of which is to be donated to and permanently displayed in the pertinent provincial museum or largest cultural center in order to broaden community awareness of the significance of our traditional folk arts and to accord them the recognition they richly deserve;

An initial grant of One hundred thousand pesos (P100,000.00) and Ten thousand pesos (P10,000.00) a month thereafter for life, shall be given, unless the Commission after due hearing finds good reason to discontinue the grant arising from violations of pertinent terms and conditions herein stated.

This grant may be increased whenever circumstances so warrant provided, that the increase shall not be given retroactive effect.

Documentation – All surviving samples of works by the awardee shall be catalogued and photographed, and his/her work methods and tools shall likewise be documented;

A vocational course using materials, tools, methods and designs of the awardee may be offered at the nearest arts and trades school through the cooperative efforts of the Department of Trade and Industry, the Department of Education, Culture, and Sports, and a private foundation and/or private corporation, to effect the transfer of his/her skills and the preservation of folk art tradition;

A feasibility study of converting the awardee’s art into a specialized cottage industry in the awardee’s province, preferably in the recipient’s barangay or town, may be undertaken by the Department of Trade and Industry in collaboration with private investors; and

The recipient shall be invited to Manila-based and regional cultural events that salute the importance of traditional folk arts in the Filipino cultural heritage.

 

The Manlilikha ng Bayan is a link between the past, in which his/her traditional folk art found fertile soil for growth, and the future, during which he/she seeks his/her art to be permanently sustained.  It becomes his/her responsibility therefore to undertake the following:

to transfer the skills of his/her traditional folk art to the younger generation through apprenticeship and such other training methods as are found to be effective;

to cooperate with the implementing agency, as provided for in Section 7 of this Act, in the promotion and propagation of his/her traditional folk arts; and

to donate to the National Museum a sample or copy of his/her work.

 

They also have tax privileges as follows:

Pursuant to the existing provisions under the National Internal Revenue Code (NIRC), as amended, and the Tariff and Customs Code of the Philippines (TCCP), as amended, any gifts or donations which shall be made to or for the use of the Philippine Commission on Culture and Arts, exclusively for the Manlilikha ng Bayan, shall be entitled to the following privileges:

Exemption from donor’s tax pursuant to Section 94 (a) (3) of the NIRC, as amended;

Deductibility of donations from the donor’s gross income for purposes of computing taxable income in accordance with Section 29 (h) of the NIRC, as amended; and

Exemption from taxes and duties of donations from foreign countries subject to the provisions of Section 105 of the TCCP, as amended, and Section 103 of NIRC, as amended.

(Sections 3,4,5,6 and 9, Republic Act No. 7355 of 1992)

Read also: A Guide on Copyright Law


Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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