Adopting the Rules of the National Commission for Culture and the Arts on Pleading and Practice in Heritage Cases

March 7, 2013

NCCA RESOLUTION NO. 46-13

ADOPTING THE RULES OF THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS ON PLEADING AND PRACTICE IN HERITAGE CASES

Excerpts from the Minutes of the Regular Commission Meeting held on March 7, 2013, NCCA, Intramuros, Manila

Special Resolution

Report on the Referendum on the Request for Approval of the Rules of the National Commission for Culture and the Arts on Pleading and Practice in Heritage Cases

The Board noted the report of the Board Secretary and confirmed Resolution 2013-446 "Adopting the Rules of National Commission for Culture and the Arts on Pleading and Practice in Heritage Cases". The rules will be for the filing at the UP Law Center, and for publication in the Official Gazette and two newspapers of national circulation.

[U]pon motion made and duly seconded, the majority of the Commission approved and confirmed this Special Resolution approved via referendum circulated on February 15, 2013.

RESOLVED, as it is hereby Resolved to Adopt the "Rules of the National Commission for Culture and the Arts on Pleading and Practice in Heritage Cases", pursuant to R.A. 10066 and its Implementing Rules and Regulations, herewith attached as Annex A.

Prepared by:

(SGD.) MYLA T. BUANBoard Secretary

For the Board:

(SGD.) FELIPE M. DE LEON, JR.Chairman

RULES OF THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS (NCCA) ON PLEADING AND PRACTICE IN HERITAGE CASES

The National Commission for Culture and the Arts (NCCA) pursuant to its powers and functions under Republic Act 7356 [Law Creating the NCCA] and Republic Act 10066 [National Cultural Heritage Act of 2009] and their Implementing Rules and Regulations resolves as it is hereby resolved to promulgate the following Rules on Pleading, Practice and Procedure. IHaECA

RULE I

Title and Construction

SECTION 1. Title of the Rules. — These rules shall be known as the Rule of the NCCA on Pleading, Practice and Procedure in Heritage Cases.

SECTION 2. Applicability of the Rules. — These Rules shall apply to all heritage cases involving petitions for declaration, delisting, appeals on issuance of export permits, issuance of cease and desist orders, compulsory repair orders and violations of the prescriptive provisions of Republic Act 10066.

SECTION 3. Construction of the Rules. — These Rules shall be liberally construed in order to achieve the objectives of conservation of cultural heritage and to parties in obtaining just, speedy and inexpensive disposition of heritage cases.

SECTION 4. Nature of Proceedings. — Subject to the basic requirements of due process, proceedings before the Commission shall be summary in nature. The technical rules on evidence obtaining in courts of law shall not bind the Commission. The Rules of Court shall not apply in proceedings before the Board except by analogy or in a suppletory character and only whenever applicable.

RULE II

Definition of Terms

SECTION 5. Definition of Terms. —

(a) "Adjudication" shall mean the determination of a controversy and a pronouncement of a judgment as soon as the NCCA acquires jurisdiction after satisfying the procedural requirements from the Regional level based on evidence presented, implies a final judgment of the court or other body deciding on the matter, as opposed to a proceeding in which the merits of the cause of action were not reached. HaIATC

(b) "Board" shall mean the Board of Commissioners of the National Commission for Culture and the Arts (NCCA) as created under Republic Act 7356.

(c) "Cease and Desist Order (CDO)" shall refer to a formal demand immediately directing a person, facility, or any business entity to stop or refrain from doing, conducting an act or continuing a particular activity or course of action in violation of heritage laws, rules and principles and the NCCA mandate over World Heritage property and works of National Artists, such as but not limited to, the demolition of sites or portions thereof, marked as World Heritage or doing a particular act expressly prohibited by heritage laws.

(d) "Formal Lifting Order (FLO)" shall refer to an order from the Board permanently setting aside the Cease and Desist Order for a particular violation after satisfactory compliance with the conditions set by the Board.

(e) "Person" or "Persons" shall include any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations.

(f) "Temporary Lifting Order (TLO)" shall mean an order issued by the Board, after a satisfactory showing of the respondent's compliance with specified conditions, to provisionally set aside the effect of a Cease and Desist Order and allow the limited operation of a facility or business but only for a specific purpose or for a limited period.

RULE III

Jurisdiction and Authority of the Board

SECTION 6. Jurisdiction of the Board. — The Board shall have exclusive jurisdiction over the adjudication of cases covered by Republic Act 10066 and all matters related thereto including the imposition of administrative sanctions. In particular: IAETSC

6.1. Over the issuance of Cease and Desist Orders for or in relation to properties declared World Heritage Sites (WHS) and works of National Artists.

6.2. Over the nomination of sites to be declared as WHS.

6.3. Over the issuance of Compulsory Repair Orders for WHS and works of National Artists.

6.4. Over the lifting of the presumption of Important Cultural Property (ICP) in relation to works that are, or are alleged to be of or by national artists.

6.5. Over the issuance of export permits for works of national artists.

6.6. Over portions or features of WHS, removed from the same.

SECTION 7. Adjudication of Heritage Cases. — The NCCA Board has the power and authority to:

7.1 Issue Cease and Desist Orders to prevent destruction of heritage sites which are works of National Artists or World Heritage Sites or portions removed therefrom pursuant to the provisions of RA Nos. 7356 and 10066, and their Implementing Rules and Regulations (IRR);

7.2 Issue compulsory repair orders to prevent deterioration of heritage sites within the jurisdiction of the NCCA under RA Nos. 7356 and 10066, and, their IRR;

7.3 Lift an object or property's presumption as Important Cultural Heritage under the jurisdiction of the NCCA or clarify such presumption;

7.4 Declare an object or property as National Cultural Treasure (NCT) under the jurisdiction of the NCCA;

7.5 Declare Intangible Heritage as Important Cultural Property or National Cultural Treasure; ASHECD

7.6 Require or compel the registration of property under the jurisdiction of the NCCA in the Philippine Registry of Cultural Property (PRECUP);

7.7 Issue permits for restoration, reconstruction, renovation, repair or any such intervention work on property that is under the jurisdiction of the NCCA;

7.8 Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of protecting heritage property under the jurisdiction of the NCCA;

7.9 Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under RA 7356 and RA 10066 and their IRR;

7.10 Designate a hearing officer to receive evidence and submit the same to the Board together with its recommendations for the adjudication of controversies.

RULE IV

Actions and Parties

SECTION 8. Who May Be Parties. — Any person, party, entity who has an interest in the subject of the action may be a party to a case or proceeding before the Board.

The party initiating a complaint is called the COMPLAINANT, and the party against whom a complaint is filed shall be called the RESPONDENT.

SECTION 9. When Action is Deemed Commenced. — An action is deemed commenced upon:

9.1 the filing of a complaint with the NCCA; or

9.2 the receipt by the NCCA or its duly delegated authority of the verified report and request from any party in interest. HEAcDC

SECTION 10. Permissive Joinder of Parties. — All persons in whom or against whom any right to relief in respect to or arising out of the same act or omission or series of acts or omissions is alleged to exist, whether individually or collectively, may join as complainants or respondents in one complaint.

SECTION 11. Compulsory Joinder of Indispensable Parties. — Parties in interest without whom no final determination of the action can be achieved shall be joined either as complainants or respondents.

SECTION 12. Form and Contents of Complaints. — The complaint shall be in writing and under oath, drawn in clear and concise language whether in Filipino or English, specifying the full names and addresses of the complainants, respondents and witnesses, if any. It shall state the ultimate facts constituting the cause or causes of action or specific violation of law or rules and regulations, as well as other information pertinent thereto. It shall also specify the remedy or relief sought.

SECTION 13. Motions, Pleadings and Position Papers. — Except for the complaint, which may be filed in a single copy, all motions, pleadings, position papers and other similar papers, submitted to the NCCA shall be filed in such number as to ensure that each party receives a copy and the NCCA receives no less than sixteen (16) copies.

SECTION 14. Caption and Title. — If the action is initiated by any person other than the NCCA, the caption shall be as follows: SATDHE

Republic of the Philippines

IN THE MATTER OF THE

[VIOLATION OF SPECIFIC PROVISIONS]

Complainant.

Case No. ________

- Versus -

FOR: (State the nature/cause of action)

Respondent.

xxx xxx xxx

SECTION 15. Effect of Withdrawal of Complaint. — The withdrawal of the complaint shall not result in the automatic dismissal of the case. The Board may motu proprio pursue the same if it deems it necessary in the interest of protecting the heritage site.

SECTION 16. Effect of Transfer of Interests. — In case of any transfer of interest, the action may be continued by or against the original party, unless the Board orders the person to whom the interest is transferred to be substituted in the action or joined with the original party.

RULE V

Action Upon Complaint

A. Complaints Filed with the Board

SECTION 17. Investigation and Report. — Within three (3) working days from receipt of such endorsement, the appropriate National Committee or its duly designated representative, shall transmit three names of experts on the property subject of the case, to the Office of the Chairman who shall in turn choose one expert from the suggested names.

The Chairman shall thereafter order an initial investigation of the property and the issues alleged in the complaint, making a preliminary report to the Board of Commissioners no later than seven (7) days thereafter. ISDHEa

The Chairman then shall designate the hearing officer who shall conduct the hearing. Thereafter, said hearing officer will require all other parties to file their comments or responsive pleadings to the complaint within fifteen (15) days from receipt of the notice.

SECTION 18. Complaints for Cease and Desist Order or Complaints with Prayer for the Issuance of Cease and Desist Orders. — Should the complaint include a prayer for the issuance of a Cease and Desist Order (CDO), the Board or its duly appointed representative may immediately issue the same upon the recommendation of the appropriate SubCommissioner or any member of the Board.

Thereafter, the case shall proceed in accordance with the Common provisions provided below.

B. Complaints Initiated by the Commission

Should any other government agency or private person or persons have information pertaining to the possible destruction of a site falling under the jurisdiction of the Commission and transmit the said information to the Commission without filing a petition, the Commission shall conduct an investigation and upon receipt of the verified report shall issue a Cease and Desist Order and proceed with the case in accordance with the immediately preceding provision.

C. Common Provisions

SECTION 19. Powers, Functions, and Duties of the Hearing Officer. — The duly designated Hearing Officer shall have the following powers and functions:

19.1 Preside over the hearing;

19.2 Hear cases and receive evidence subject to these rules and exercise full and active control of the proceedings at any stage thereof;

19.3 Administer oaths on all matters or proceedings related to the performance of his duties.

SECTION 20. Ocular Inspection. — Whenever necessary to the determination of the issues surrounding the case, Hearing Officer may direct the conduct of an ocular inspection.

SECTION 21. Rules of Evidence. — In the conduct of hearings, the Hearing Officer shall not be bound by the technical rules of evidence under the Rules of Court. However, the following simplified rules of evidence shall be observed: CSEHcT

21.1 The Hearing Officer shall admit and give probative value to evidence commonly accepted by a reasonably prudent man in the conduct of his affairs. In case of doubt, all evidence presented shall be admitted, subject to the objections interposed, if any;

21.2 All documents forming part of the records and material to the issues of the case, whether marked as exhibits or not, shall be deemed admitted as evidence and may be considered in the resolution of the case;

21.3 Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted;

21.4 Every party shall have the opportunity to be heard in accordance with administrative due process and to submit rebuttal evidence; and

21.5 The Hearing Officer may take notice of judicially cognizable facts and of generally cognizable technical or scientific facts within its or his specialized knowledge. The parties shall be notified and afforded an opportunity to contest the facts so noticed.

SECTION 22. Record of Proceedings. — The proceedings and testimonies of witnesses during the hearing may be recorded by a stenographer, where one is available. The appearances of parties and other persons shall be duly noted and accounted for through their signatures. The Hearing Officer shall make a written summary of the proceedings including the substance of the evidence presented which shall form part of the records of the case. The said Hearing Officer shall sign and certify the said summary and proceedings. EDATSC

SECTION 23. Intervention by an Interested Party. — Any party, who claims to have an interest in or may be adversely affected by the proceedings, may file a motion for intervention stating concisely the grounds relied upon and the remedy sought, serving copies of the same on the complainant and the respondent. The motion may be filed at any time before the case is deemed submitted for decision. The Board or Hearing Officer has the discretion to allow or disallow the intervention.

SECTION 24. Consolidation of Cases. — Where there are two (2) or more cases pending before different Hearing Officers involving the same property and issues, the cases subsequently filed shall be consolidated with the first case filed to avoid unnecessary cost and delay. Consolidated cases shall be heard by the Hearing Officer to whom the first case was assigned.

SECTION 25. Orders, Resolutions and Decisions. — After hearing, the Hearing Officer shall have thirty days in which to make his recommendation to the Board, providing the latter with transcripts, summaries, copies of pleadings of the entire proceedings.

Every order or decision promulgated by the Board shall be in writing and under the seal of the Board, signed by a majority of its members, and shall clearly and distinctly state the facts and the law on which it is based. The Board shall decide each case within sixty (60) days after it is deemed submitted.

SECTION 26. Decisions and Final Orders are Public Records. — The Board shall make available for public inspection all decisions or final orders and resolutions in the adjudication of cases.

SECTION 27. Annual Inventory of Cases. — The Board shall conduct an annual inventory of cases indicating the progress and status. The inventory shall be conducted from the last week of December until the second week of January, the result of which shall be transmitted to the Board in time for the Board meeting in February. CSTDEH

RULE VI

Deliberation of Cases by the Board

SECTION 28. Venue. — The deliberation of cases by the Board shall be held at the main office of the Commission or in such other place as may be designated by the Board.

SECTION 29. Schedule of Meetings. — The Board may include the deliberation of cases in its agenda for its regular monthly meetings or may call special meetings where necessary.

SECTION 30. Quorum. — Cases shall be heard or deliberated by the Board in a meeting where at least a majority of the members of the Board are present.

SECTION 31. Special Authority. — The Chairman of the Board upon recommendation of the Hearing Officer in cases involving immediate or impending grave and irreparable damage to the site or damage to the party with interest in the property, may issue Cease and Desist Orders, Temporary Lifting Orders and extensions of Temporary Lifting Orders for and in behalf of the Board, in accordance with the existing policies of the Board. The Chairman shall inform the other members of the Board on such action taken by him. Such orders shall be immediately executory and shall remain effective unless revoked by the Board in a subsequent meeting where there is a quorum.

SECTION 32. Deliberations by the Board. — The Board shall deliberate on cases on the basis of the pleadings and the records of the case, without the appearance of the parties in a hearing.

SECTION 33. Presiding Officer. — The Chairman of the Board shall in his absence designate a Presiding Officer and an Alternate Presiding Officer from the Members of the Board to preside over the deliberations of such cases in his absence.

RULE VII

Orders, Resolutions and Decisions

SECTION 34. Cease and Desist Order (CDO). — Whenever the Hearing Officer finds prima facie evidence that the current action on the property constitutes an immediate threat to the property or its features or cultural value, it may issue or recommend to the Chairman of the Board to issue an ex-parte order directing the discontinuance of the same or the temporary suspension or cessation of operation of the establishment. aHSCcE

The CDO shall be immediately executory and shall remain in force and effect until modified or lifted by the Board or the Chairman if so duly designated by the Board.

The Board may also direct the Chairman to revoke, suspend or modify any permit to restore, repair, renovate, demolish, reconstruct or conduct any such action, or any clearance for such actions whenever such is necessary to prevent or abate the loss or destruction of the site or object.

SECTION 35. Cease and Desist Order Against Whom Issued. — A CDO shall be issued against the respondent or any person or persons natural or juridical, causing damage or about to cause damage on property under the jurisdiction of the Commission, immediately directing said person or persons to stop or refrain from doing, conducting an act or continuing a particular activity or course of action in violation of RA 10066; such as but not limited to, the destruction, renovation, demolition, neglect, use of a particular process of restoration or renovation or reconstruction or activity or doing a particular act expressly prohibited by law.

SECTION 36. Remedy of Respondent or Persons Directed to Cease or Desist. — The respondent or person or persons referred to in the immediately preceding section may contest the order by filing a motion to lift the order with the Board, with proof of service of copies thereof to the Hearing Officer and the other parties.

The Hearing Officer shall direct the other parties to file their comments within five (5) days from receipt of the motion. After receipt of the said comments, the Hearing Officer shall transmit to the Board all documents filed with him along with his recommendation on the modification, lifting, extension or any such action on the Cease and Desist Order. The motion shall thereafter be calendared for the Board's deliberation. The filing of such motion shall not stay the enforcement and execution of the order.

SECTION 37. Implementation of Cease and Desist Order. — The Hearing Officer or his duly authorized representative, assisted by the Philippine National Police (PNP) or the Armed Forces of the Philippines (AFP) or the National Bureau of Investigation (NBI) or any such law enforcement body, shall implement or cause the implementation of the Cease and Desist Order no later than seventy-two (72) hours from receipt thereof. He shall submit to the Board a report within forty-eight (48) hours after the completion of the implementation, stating therein the actions taken. Should the Cease and Desist Order be implemented beyond seventy-two (72) hours or cannot be implemented, the Hearing Officer shall submit a written report to the Board stating therein the causes of delay or non-execution.

The implementing team shall be designated by the Chairman.

In the implementation of Cease and Desist Orders, the Hearing Officer shall observe the following guidelines:

37.1 Upon issuance or receipt of the CDO the Hearing Officer shall inform the local government unit (province/municipality/city) concerned regarding the implementation thereof by furnishing it with copies of the Orders received from the Board;

37.2 Upon arrival at the respondent's premises, the implementing team shall present proper identification and the appropriate orders executing the said CDO, issued by the Board;

37.3 The head of the implementing team shall discuss the contents of the CDO with the owner/s or possessor/s of the property, or in their absence any person in-charge thereon;

37.4 After the briefing, the team shall proceed with the execution by posting a notice of the CDO on the premises, removing the construction materials and ensuring the premises are not made accessible to the person/s causing the destruction of the site;

37.5 Should there be refusal on the part of the respondent to have the CDO implemented, the head of the implementing team shall report such incident to the Chairman, without prejudice to such respondent being declared in contempt and other criminal liability under relevant laws;

37.6 The Hearing Officer, whenever it is deemed necessary, may seek the assistance of the Local Government Units (LGUs) and/or Philippine National Police (PNP) through its PNP Regional Director. The written communication shall state the urgency of having the CDO implemented immediately; HITEaS

37.7 The LGUs and/or the PNP together with the same implementing team may break into respondent's premises for the purpose of implementing the CDO;

37.8 After the execution, the Hearing Officer shall document the same by taking photographs/videos and thereafter notify respondent that the removal of the padlocks and seals is a criminal offense punishable by RA 10066 and its rules and regulations without prejudice to such respondent being declared in contempt and other criminal liability under relevant laws; and,

37.9 In accordance with the deputization powers of the Commission, the Hearing Officer, may require law enforcement agencies or the Armed Forces of the Philippines (AFP) to secure the site and ensure that their act shall be in conformity with the law.

RULE VIII

Temporary and Formal Lifting Orders

SECTION 38. Temporary Lifting Orders (TLO). — Upon Motion of the respondent, the Hearing Officer may recommend to the Board the issuance of a TLO after a satisfactory showing of respondent's permanent compliance with the conditions provided in the CDO. The TLO shall have the effect of provisionally setting aside the CDO and allow the limited continuation of interventions on heritage property for specific purposes to be determined by the Board.

SECTION 39. Requirements for the Issuance of a Temporary Lifting Order. — No TLO shall be issued unless the respondent submits the following:

39.1 Revised architectural or engineering plans (as appropriate) or their equivalent for movable property, abating and/or repairing the damage done to the heritage property, budget and the Gantt chart of activities relate thereto; provided that the signatory thereof shall be the architect or engineer contracted to do work on the property by the owner/s. It shall include the period within which the restoration and/or repair is to be conducted including timetable of all actions thereon; CcAESI

39.2 A surety bond equivalent to twenty-five percent (25%) of the total cost of the repair and restoration work required to return the property to its state prior to the intervention by the respondent within the timetable and GANTT chart presented;

39.3 The surety's commitments that upon completion of the proposed work respondent shall comply with the appropriate standards for conservation and maintenance;

39.4 A detailed description of the interim remedial measures to be instituted by the respondent in order to address the damage to the property;

39.5 A notarized undertaking to comply with the conditions imposed by the Board, signed by the respondent or its duly authorized managing head; and,

39.6 A written commitment to comply with such other conditions that the Board may deem appropriate under the circumstances.

The TLO issued pursuant to this section shall be effective for a period to be determined by the Board, based on the complexity of the operations involved and the technical nature of the conservation program, which in no case shall exceed thirty (30) days. However, the Board may, upon proper motion and for meritorious reasons, extend the effectivity of the TLO beyond such a period, subject to the submission of weekly progress reports.

SECTION 40. Weekly Progress Reports Required. — Where a Temporary Lifting Order (TLO) is issued the Respondent shall be required to submit weekly progress reports indicating therein the latest status of the construction or rehabilitation, the percentage of work completed, and the proposed date of inspection. Failure to submit the progress reports shall be a ground for the revocation of the TLO issued.

SECTION 41. Lapse of the TLO. — Upon the lapse of the period specified in the Temporary Lifting Order or failure to submit the progress reports, the Cease and Desist Order (CDO) shall automatically resume its effectivity, without prejudice to the filling by respondent of a Motion for the extension of the TLO before the lapse of the said period. HSIDTE

SECTION 42. Motion for Extension of Temporary Lifting. — A motion for the extension of the period specified in the TLO may be filed with the Board at least fifteen (15) days before the expiration of the TLO, with proof of service of copies thereof on all parties concerned. The Hearing Officer and the parties concerned may file with the Board their comments thereto within ten (10) days from receipt of the said motion. No TLO shall be extended by the Board except upon motion of respondent, and neither shall any motion for extension be granted unless the respondent presents competent proof that:

42.1 The remedial measures approved by the Board in granting the TLO have been substantially instituted;

42.2 That there has been a substantial reversal or repair of any destructive work done on the subject property;

42.3 The respondent has regularly submitted the weekly progress reports;

42.4 The Respondent has fully paid the fines imposed for previous violation/s committed.

SECTION 43. Formal Lifting of Cease and Desist Order and Termination of the Case. — Where, after a Temporary Lifting Order has been issued or extended, there is a definite finding that the respondent has fully complied with international standards in repairing and restoring the subject property, and fully commits to maintain the same, the Board may, upon proper motion, issue a resolution formally lifting the Cease and Desist Order and terminating the case; Provided that, the Respondent has fully paid the fines imposed upon it.

SECTION 44. Failure to Comply. — Should the respondent failed to abate the destruction or demolition or fully implement the approved restorations plan or comply with the standards or any order of the Board, or that of the Hearing Officer within their jurisdictions, said Hearing Officer shall, upon the expiration of the TLO or prior to its expiration deem the case submitted for resolution and thereafter promulgate the appropriate decision, which shall include the reinstatement of the CDO and the imposition of fines and/or forfeiture of bonds. TAEDcS

SECTION 45. Future Violation. — Any future violation involving the same respondent shall warrant the filing of a new case, to be assigned a new docket number.

SECTION 46. Permanent CDO. — Should international standards demand only repair or maintenance work be allowed on the property or its core zone, the Board may determine that the CDO should become permanent, if such permanence is in the best interests of keeping the subject property in the appropriate condition or state for conservation.

RULE IX

Appeal from Orders of the Board

SECTION 47. Subject Matter. — An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter.

SECTION 48. Effect of Appeal. — Appeal taken from a judgment or final order shall not stay the execution of such judgment or Order of the Board.

SECTION 49. Application of Rule 43 of the Revised Rules of Court. — Appeals taken from orders of the Board shall be governed by Rule 43 of the Revised Rules of Court.

RULE X

Finality of Decisions

SECTION 50. Finality of Order, Resolution or Decision. — Any order, resolution or decision of the Board, shall become final and executory fifteen (15) days after the receipt of a copy thereof by the party adversely affected, unless a motion for reconsideration is filed or an appeal is perfected within said period. One motion for reconsideration may be filed, which shall suspend the running of the said period. The mere filing of an appeal shall not stay the decision of the Board.

SECTION 51. Book of Entry of Judgment. — The Heritage Office of the NCCA shall keep a Book of Entry Judgment, containing in chronological order the entries of all Final Orders, Decisions and Resolutions issued by the Board. CcSTHI

RULE XI

Execution

SECTION 52. Execution of Order, Resolution or Decision. — The orders, resolutions and decisions of the Board, after they have become final and executory, shall be enforced and executed in the same manner as orders, resolutions and decisions of the Regional Trial Court. The Board shall have the power to deputize the Philippine National Police (PNP), National Bureau of Investigation (NBI), Armed Forces of the Philippines (AFP) where applicable or as needed pursuant to its powers to deputize these agencies in order to carry out its orders.

SECTION 53. Return of the Writ of Execution. — The writ of execution shall be made returnable to the Board not less than ten (10) days nor more than thirty (30) days after its receipt by the implementing officer or team concerned. The said officer or team shall, within forty-eight (48) hours from the completion of the enforcement or execution of the order, resolution or decision, submit to the Board a report signed by him or its members, as the case may be, stating the whole of the proceedings taken to enforce the said order, resolution or decision, together with the corresponding proof of service.

RULE XII

Contempt

SECTION 54. Direct Contempt Punished Summarily. — A person guilty of misbehavior in the presence of or so near Hearing Officer as to obstruct or interrupt the proceedings before the same, including disrespect toward the Board or Officer, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required to do so, may be summarily adjudged in contempt by the Board and punished by a fine not exceeding Two Thousand Pesos or imprisonment not exceeding ten (10) days, or both.

SECTION 55. Remedy Therefrom. — The person adjudged in direct contempt by the Board or Hearing Officer, may not appeal therefrom, but may avail himself of the remedies of certiorari or prohibition. The execution of the judgment shall be suspended pending resolution of such petition, provided such person file a bond fixed by the Board or Hearing Officer which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against him. EHSADc

SECTION 56. Effect of Collusion. — Any act of collusion or connivance between the respondent and any of the experts consulted on the condition or remedies of the endangered or damaged heritage property shall render the same void and without any probative value whatsoever. In addition, the report or testimony, if any, containing the expert's opinion or analysis shall be stricken from the records.

SECTION 57. Liability for Collusion. — Subject to the provisions on contempt, contempt proceedings may be initiated by the Board against parties liable for such collusion or connivance without prejudice to the filling of appropriate charges, whether criminal or otherwise, including the cancellation of any professional license or accreditation.

In addition, the Commission's recognition or accreditation of the expert may be cancelled or revoked and his or her membership if any of the National Committees, if any, shall be terminated.

RULE XIII

Miscellaneous Provisions

SECTION 58. Transitory Provision. — All cases currently pending with the Board shall, within one (1) year from the effectivity of these rules, be subject to the provisions hereof.

SECTION 59. Separability Clause. — If any section or provision of these rules and regulations, or part thereof, is declared unconstitutional or invalid, the other sections or provisions thereof which are not affected thereby shall continue in full force and effect.

SECTION 60. Repealing Clause. — The Implementing Rules and Regulations of Republic Acts 7356 and 10066 are hereby amended to include the aforementioned rules. All other policies, issuances, rules and regulations of the Board which are inconsistent with these rules are hereby repealed or modified accordingly.

SECTION 61. Effectivity Clause. — These rules shall take effect fifteen (15) days after publication in a newspaper of general circulation. CSAcTa

Done in the City of Manila this 7th day of March 2013.

Published in the Official Gazette, Vol. 109, No. 20, page 3587 on May 20, 2013.