Council to protect historical landmarks

CEBU, Philippines —  The Cebu City Council has approved an ordinance providing for the protection and conservation of local historical landmarks, monuments, shrines, museums and cultural heritage of the city as part of strengthening the provisions of the National Heritage Act of 2009.

“Without prejudice to those already declared by the National Historical Institute (NHI) as national shrines, national monuments and national landmarks, all buildings located within the City of Cebu which are 50 years or more in existence, subject to the application before the Cultural and Historical Affairs Office (CHAO) and the approval of the Cultural and Historical Affairs Commission (CHAC), are hereby declared heritage or legacy buildings. Its use, upkeep and preservation should, as far as practicable, always be the concern of the City Government of the City of Cebu,” Section 4 of the ordinance that Councilor Joel Garganera has authored read.

In the ordinance entitled the “Cultural Heritage and Heritage Site Declaration, Protection, and Preservation Ordinance of Cebu City,” heritage and historical sites, landmarks, and structures declared as protected heritage sites include Waterfront and Vicinity, Plaza Independencia and Vicinity, Compania Maritima and Vicinity, Basilica del Sto. Niño and Vicinity, and  Plaza Sugbu and its Vicinity, among others.

Intangible heritage, which are nonphysical intellectual property, such as folklore, customs, beliefs, traditions, knowledge, and language, shall also be protected and preserved under the ordinance, to be identified by the CHAO, with the approval of CHAC.

Natural Heritage and Cultural Property that the CHAO has identified and are the CHAC has approved shall also be protected and preserved under the ordinance.

Section 9 states owners who will function as cooperators in the preservation and/or restoration of the declared heritage sites will get one year of exemption from local real property tax (RPT) for every 10 years of existence as a protected heritage site; and in the preservation, reconstruction, and restoration of legacy or buildings within or outside the heritage zone, the owner shall be granted a 50 percent tax incentive on annual basic real property tax on the houses and buildings certified by or to be certified by the Cultural Heritage Affairs Office.

The payment of taxes on the preservation and restoration of heritage structure shall be collected on the year when the said preservation and restoration is made, provided that the tax incentives shall only be applicable on the current tax due.

Section 12 provides that any person who destroys, demolishes, mutilates or damages any of these sites are considered as prohibited acts, shall be penalized.

“In order to further protect the foundation and structure of the Heritage Sites, heavy trucks shall be prohibited from passing through the street where the heritage site is located. Provided that, should there be a need to pass through the said area, the said owner or operator of such heavy truck should secure prior approval and permission from the City Government through proper endorsement from CHAO and with the approval of CHAC,” Section 15 read.

A P5,000 fine and/or prison term not exceeding one year at the discretion of the court will be imposed on any person, group or corporation found violating the provisions of the ordinance.

The violation of the ordinance shall also be a ground for the rejection, revocation or nonrenewal of business permits application.

The Office of the Mayor, through the CHAO and CHAC, is mandated to make the Implementing Rules and Regulations (IRR) within sixty (60) days after the effectivity of the ordinance. — GAN (FREEMAN)