Ibalik ang nakaraan: Establishing a holistic approach in protecting the cultural heritage of the Philippines through the writ of pamana

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ID: 286450
2018
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Abstract
This study banks on the importance of culture on the people and the State. It is a living testimony of the past and it testifies to the present as to the history and culture of the Filipino people. However, as time passes, it is being subjected to a continuing threat. Whether such continuing threat be a damage to the physicality or intangibility of the cultural heritage, it must be addressed appropriately and timely in order to avoid such damage to it or if damage has already begun, salvage it from being annihilated and forever be forgotten. That is why this paper emphasizes on the constitutional duty of the State, particularly the Judiciary, to construct another avenue in order to address the continuing threat. This constitutional duty of the Judiciary lays on three (3) foundations: First, Cultural heritage is part and parcel of the National Patrimony of the State; Second, The protection given should extend in respect to two (2) aspects: (a) physical integrity and “cultural integrity”; and (b) registered and declared cultural properties, as well as those unregistered and undeclared properties with outstanding cultural significance; and Third, under Art. VIII, sec. 5(5) of the 1987 Constitution which states that the Supreme Court shall promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts. Article XII is embodied in the 1987 Constitution and it contains the provisions on National Economy and Patrimony. It is worthy to note that the relevant provisions were considered by the Supreme Court as self-executing provisions. These constitutional provisions find application to the Philippines’ cultural heritage and properties on the ground that these are considered as part of the National Patrimony of the Philippines. This is based on the Supreme Court’s pronouncement in jurisprudence holding that the Cultural Properties are factors for the economic and social development of the country. For the economic aspect, it serves as a source of livelihood and income for some communities. As for the social aspect, it serves as a reminder between generations and a sense of belongingness. Laws have been enacted pursuant to the duty of the Constitution to preserve and protect the Culture of the Philippines. The enabling law provides for a procedure for registration and declaration of Cultural Properties of the Philippines. After a piece of Cultural Property has been registered or declared, the law then grants unto it and the owners
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Authors Reyes, Ruby Mae F.
Journal Malay Journal
Year 2018
DOI
DOI not found
URL
https://animorepository.dlsu.edu.ph/etd_masteral/7260
Keywords Keywords not found

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