National Film Archive Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14, 10:39 SENATE S. No. Introduced by Senator Jinggoy Ejercito Estrada AN ACT CREATING THE NATIONAL FILM ARCHIVE OF THE PHILIPPINES AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE In 2019, the country celebrated the 100th anniversary of Philippine cinema. The centennial year was declared to honor and commemorate the release of the very first Filipino produced and directed feature film, Jose Nepomuceno's "Dalagang Bukid" in September 12, 1919. Unfortunately, the movie is now considered a lost film, with no surviving print or copy, and that the present generation can neither watch nor access this important work anywhere. Such is the case for many Filipino films, especially those belonging to the Golden Ages of Cinema. Many films, that are snapshots of the nation's history and social realities, were unable to survive the test of time, and were left to decay and degrade over the years. Also, notable works of our renowned film makers, including our National Artists for Film, were also neglected and not properly taken care of. According to the Film Development Council of the Philippines (FDCP), "about 65 percent" of our vast cinematic heritage "have been lost or destroyed, and whatever is left that's unpreserved is exposed to damage and deterioration each

around 2,000 have surviving copies.? day."' It is also estimated that out of more than 8,000 movies shot on film, only This bill seeks to remedy this problem through the creation of the National Film Archive of the Philippines (NFAP) which shall ensure that Filipino films, that are part of our historical and cultural heritage, will be protected and preserved. While Republic Act No. 9167 already directs the FDCP to establish a film archive, it functions as a division of the FDCP and performs its mandate with very limited personnel and resources. Two decades since the enactment of RA 9167, a permanent facility for film preservation with enough storage space and proper equipment is yet to be realized. Hence, there is a need for its institutionalization so that more government support can be allocated to its cause, and a more definitive national policy on safeguarding our cultural treasures be put in place. In this light, the immediate passage of this bill is earnestly sought. "https://www.fdcp.ph/updates/preserving-past-shaping-future film-heritage/ 2https://www.bworldonline.com/arts-and-leisure/2022/02/01/426945/how-abs-cbn-continues-to-save-phl-

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 M1O:39 SENATE ...w, del S. No.. Introduced by Senator Jinggoy Ejercito Estrada AN ACT CREATING THE NATIONAL FILM ARCHIVE OF THE PHILIPPINES AND APPROPRIATING FUNDS THEREFOR Be it 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 "National Film Archive

Act".

Sec. 2. Declaration of Policy. - It is the policy of the State to conserve,

promote, and popularize the nation's historical and cultural heritage and resources, as well as artistic creations. The State shall pursue, conserve and promote the Filipino cultural heritage and resources, including the cinematographic and audiovisual works made and 8 produced by Filipinos that are of historical importance and cultural merit. The State 9 shall give priority for the safeguard, protection and preservation of Filipino films as essential tools for the preservation of the country's history, cultural memory and national identity.

Sec. 3. Creation of the National Film Archive of the Philippines (NFAP). -

There is hereby created a National Film Archive of the Philippines (NFAP) which shall be the principal government body tasked to acquire, conserve and protect film negatives and/or prints of the nation's historical, cultural, and artistic heritage. It shall also be in charge of the safekeeping, maintenance and restoration of all Filipino films and other audiovisuals produced in the Philippines.

and functions:

Sec. 4. Powers and Functions, - The NFAP shall have the following powers

a) Plan, formulate and implement an archival administration program for the efficient recovery, restoration, conservation, preservation, maintenance, utilization and disposal of cinematographic films, including the adoption of security measures and film protection program; b) Review and approve films nominated for inclusion in the National Film Archive; c) Conduct archival researches using materials here and abroad, including background studies about films considered for inclusion in the National Film Archive; d) Acquire through transfer, donation, purchase or any other means film prints and digital masters of films which have enduring archival value; e) Ensure the preservation and conservation of existing and future archival resources of the government; f) Reproduce and authenticate copies of cinematic films, subject to copyright laws; g) Facilitate the acquisition of a permanent and suitable building to house the country's film archival holdings; h) Build the necessary facilities and laboratories and acquire state-of-the- art equipment for the proper safekeeping and restoration of films in its custody; i) Promote appreciation of and build cultural values from the cinematic film in the National Film Archive; j) Provide for access for scholarly and research process, subject to reasonable guidelines; k) Make Filipino films readily available for educational, historical, and cultural purposes to all segments of Philippine society, as well as the international community; 2.

1) Establish a media library and/or film theater wherein students, researchers and the general public can view and access Filipino films, subject to guidelines; m) Give technical assistance to all government offices, instrumentalities, and agencies, national or local in the planning, implementation and evaluation of their film archives administration program; n) Provide recommendations and assistance to higher educational institutions on the creation and administration of academic courses and trainings in relation to film preservation and restoration; o) Establish linkages with the private sector, domestic and abroad, in order to advance and upgrade capacities in film preservation and restoration, and to locate and acquire lost negatives and records of Filipino films; and P) Conduct training programs on film archives management, including the establishment of an archival system for both public and private sectors.

Sec. 5. Executive Director. - The NFAP shall be headed by an Executive

Director with a rank equivalent to a bureau director and who shall be assisted by two deputy executive directors. The President of the Philippine shall appoint the executive director and the two deputy executive directors from a list of nominees submitted by the Film Development Council of the Philippines (FDCP): Provided, That said officials to be appointed to the NFAP shall be knowledgeable of the artistic, historical, cultural class standards. and/or technical aspects of film evaluation, restoration and/or archiving along world- The executive director and deputy executive directors shall serve for a term of two (2) years and shall be eligible for reappointment for a second term: Provided, That no director shall serve for more than two (2) consecutive terms: Provided further, if any director fails to complete a term, the person appointed to fill the vacancy shall serve for the unexpired portion of the term of the director whom he/she succeeds, unless re-appointed: Provided finally, That such service of the unexpired portion shall not be counted as a term.

Sec. 6. Staffing Pattern. - The NFAP shall establish its own staffing pattern,

and salary and compensation scheme, within six (6) months from the effectivity of this Act, subject to the rules and regulations of the Department of Budget and. Management (DBM) and the Civil Service Commission (CSC).

Sec. 7. Submission of films. - Film companies or individual producers of

Filipino films that are commercially exhibited within the Philippines, or directed by a Filipino director, are hereby required to submit, at reasonable cost, a copy of their film to the NFAP within three (3) months from its official release for the singular purpose of preserving a copy of such for the archive.

Sec. 8. Implementing Rules and Regulations. - The Film Development Council

of the Philippines shall, in consultation with the National Historical Commission of the Philippines (NHCP), National Commission for Culture and the Arts (NCCA) and the National Archives of the Philippines (NAP), issue the necessary rules and regulations for the effective implementation of the provisions of this Act.

Sec. 9. Appropriations. - The amount necessary to carry out the provisions of

this Act shall be charged against the agencies' current budget and shall thereafter be included in the annual General Appropriations Act.

Sec. 10. Separability Clause. - If any section or part of this Act is held

unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force and effect.

Sec. 11. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations, issuances or any part thereof inconsistent with the provisions of this Act, are deemed repealed and modified accordingly.

Sec. 12. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) national newspapers of general circulation, whichever comes earlier. Approved,