Visual Integrity Act

• • REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB 24 P2:54 SENA S.B. No. 1900 RECEIVED BY: INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT PROTECTING THE VISUAL INTEGRITY OF HISTORICAL, CULTURAL, AND HERITAGE SITES EXPLANATORY NOTE According to Section 14 of Article XIV of the Constitution 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 16 of the same Article states 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. In 2017 The Supreme Court rendered its judgement on the legality of the construction of the so-called Torre de Manila stating that there was no law prohibiting the construction of the stated condominium. The Supreme Court further stated the There is no law prohibiting the construction of the Torre de Manila due to its effect on the background view, vista, sightline, or setting of the Rizal Monument. This bill seeks to address the legislative void. This bill seeks to protect the visual integrity of Historical Landmarks by also protecting its background view, skyline, and sight line so that there may never be another developer that desecrates another Filipino Landmark again. If we recall, the Torre de Manila was considered by netizens as the worst photobomber of the century and an eyesore on such a historical monument As such, passage of this Act is earnestly sought Lu Mi VICENTE C. SOTTO III

Stil vice of the on tup TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB 24 P2:54 SENATE S.B. No. 1900 RECEIVED BY: INTRODUCED BY SENATOR VICENTE C. SOTTO III AN ACT PROTECTING THE VISUAL INTEGRITY OF HISTORICAL, CULTURAL, AND HERITAGE SITES Be enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Visual

Integrity Act".

Section 2. Declaration of Policy. - It is the duty of the state to protect

Filipino Patrimonial lands. According to Section 14, Article XIV of the Constitution The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino Natural Culture based on the principle of unity and diversity in a climate of free artistic and intellectual expression. To this end the States duty to protect not only the historical edifice itself but also, the visual integrity of the structure.

Section 3. Definition of Terms. - For the purposes of this Act, the

term: a. Adverse Visual Impact refers to any obstruction, alteration, development, or installment that visually dominates, distracts, diminishes, or otherwise impairs the historical, cultural, or artistic value of the property or its surrounding context and ethos; b. Buffer Zone is the protected area surrounding a heritage site, structure, or cultural property which adds to its integrity, setting, culture, or visual setting. Its immediate environment, skyline and any space needed to protect its historic, artistic, or aesthetic character;

c. Cultural Property refers to all products of human creation and creativity or natural features that embody historical, cultural, architectural value whether publicly or privately owned as defined under R.A No. 10066, including its associated visual integrity, setting, and sight-lines; d. Heritage Visual Impact Assessment (HVIA) is the technical evaluation which is conducted to determine and measure potential visual impairment on proposed development or construction projects within the visual corridor e. Heritage Zone shall refer to historical, anthropological, archeological, artistic, geographical, or cultural areas which are significant to the Filipino Identity, culture or, history as declared by the National Historical Commission of the Philippines (NHCP), or the National Commission for Culture and the Arts (NCCA), including their visual and boundaries spatial f. Local Heritage Council refers to a body created Under Republic Act No. 10066 or by local ordinance, responsible for advising and assisting the local government unit in the identification, protection, and management of cultural properties, including monitoring the visual integrity compliance g. Visual Corridor shall refer to the area, space, or viewpoint from which a cultural property, monument, or heritage structure is customarily seen, appreciated or photographed, including its foreground, middle ground, and background h. Visual Integrity refers to the quality, harmony, and visibility of a cultural property's setting, skyline, sightline, and surrounding landscape that contributes to its historical, cultural, or aesthetic significance

Section 4 Coverage. - This Act shall apply to:

a. All national cultural treasures, historical landmarks, monuments, shrines, and heritage zones declared by the National Historic Commission of the Philippines or National Commission for Culture and the Arts

b. Locally recognized heritage structures or cultural landscapes declared by the local government unit (LGU) or cultural councils c. Declared world heritage sites and properties inscribed in the UNESCO Tentative list or in the UNESCO world heritage sites

Section 5. Visual Impairment Impact Assessment.

a. Requirement. - No building, structure, or development project shall be approved or issued a permit if located within the visual corridor or buffer zone of a heritage property unless they obtain a Visual Improvement Impact Assessment clearance from either the NCCA or NHCP b. Scope - The VIA shall include (1) Photographic and topographical documentation; (2) Hight and mass analysis; (3) Shadow, lighting, and skyline impact; (4) Mitigation or redesign proposals to minimize visual intrusion c. Issuance- The NCCA or NHCP, in consultation with the concerned LGU, shall evaluate and issue an HVIA clearance within sixty (60) days from submission. Failure to comply shall constitute a ground for denial of any development permit

Section 6. Regulation of Development Within Visual Corridors. -

a. All proposed construction, modification, or advertisement placement within a 500-meter radius of a declared cultural property shall require prior clearance from the NCCA or NHCP; b. The appropriate agency may expand this radius if the property's visibility or skyline is significantly affected beyond 500 meters; c. Public infrastructure, billboards, telecommunication towers, or high-rise developments must comply with the heritage visual standards as prescribed by the IRR.

Section 7. Duties of Local Government Units. - Every LGU that hosts

a heritage site shall: a. Enact Visual Integrity Protection Ordinance adopting the guidelines and standards of this act; b. Integrate heritage visual protection into the Comprehensive Land Use Zoning Plan, and Zoning Ordinances;

c. Require HVIA clearance prior to issuing any building permit or occupancy permit; d. Establish or design a Local Heritage Council to monitor compliance; and e. Coordinate with the NHCP, NCCA and DILG in the enforcement of cease-and desist cases or demolition orders

Section 8. Cease-and-Desist and Demotion Powers. -

a. When a construction or activity is found to cause or threaten adverse visual impact, the NHCP or NCCA may immediately issue a Cease-and-Desist Order, with the assistance of the concerned LGU b. If the violation persists, the LGU, upon the recommendation of the NCCA or NHCP, shall order the modification of demolition of the offending structure at the expense of the violator c. The DILG shall ensure that local authorities enforce such orders within fifteen (15) days of issuance

Section 9. Penalties. -

a. Any person, corporation, or public official who authorizes or undertakes construction in violation of this Act shall be punished by: 1. Imprisonment of six (6) months to six (6) years; and/or 2. Fine of Php 500,000-50,000,000. b. Public officers found guilty of gross negligence or abuse of discretion resulting to the violation of this act shall, in addition, suffer perpetual disqualification from public office c. The LGU shall have the authority to condemn, demolish, or abate the offending structure at the violator's cost.

Section 10. Incentives for Compliance.- Developers and property

owners who voluntarily comply with HVIA standards and adopt heritage- sensitive design may qualify for: a. Tax incentives under the Local Government Code; b. Expedited permit and processing; and c. Recognition under the NCCA's Heritage-Friendly Development Program

Section 11. Implementing Rules and Regulations- Within ninety (90)

days from the effectivity of this Act, the NCCA in coordination with the

NHCP, HLURB, DPWH, and DILG, shall promulgate the Implementing Rules and Regulations (IRR) including HVIA procedures, buffer zone guidelines, and penalties for non-compliance. The IRR of this Act shall follow the essence of this Act.

Section 12. Appropriations- Funds necessary for the implementation

of this Act shall be charged to the current appropriations of the NCAA and the NHCP. Thereafter, such amounts shall be included in the annual General Appropriations act.

Section 13. Separability Clause- If any provision of this act is

declared unconstitutional, the remaining provisions shall remain in full force and effect.

Section 14. Repealing Clause- All laws, decrees, rules, and

regulations inconsistent with this act are deemed repealed or modified accordingly.

Section 15. Effectivity- This Act shall take effect fifteen (15) days after

its publication in the Official Gazette or in a newspaper of general Circulation. Approved,