GOVPH (/)
Republic Act No. 9105
April 14, 2001 (http://www.gov.ph/2001/04/14/republic-act-no-9105/)
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eleventh Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.
[REPUBLIC ACT NO. 9105]
AN ACT DEFINING THE CRIME OF ART FORGERY, PROVIDING PENALTIES, AND INSTITUTIONALIZING
THE MECHANISM FOR ART AUTHENTICATION, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
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 “Art Forgery Act of 2001.”
SEC 2. Declaration of Policy. – It is hereby declared the policy of the State to protect, conserve, develop
and promote the nation’s cultural heritage, artistic creations and resources.
SEC 3. De nition of Terms. – For purposes of this Act, the following terms or phrases used herein shall
mean or be understood as follows:
(a) Art forgery is committed by any person or entity who commits any of the following acts:
(1) Af xing or causing to appear a usurped or forged signature or sign on any work of ne art;
(2) Counterfeiting or imitating any original signature or sign, with the intent to deceive the public or the
buyer as to the authorship of a work of art;
(3) Selling or circulating any work of ne art bearing forged or usurped signatures or signs; and
(4) Imitating or reproducing any work of ne art with intent to deceive the public or the buyer as to the
authenticity of the work.
(b) Work of ne art refers to all original works of art like paintings, sculpture, drawings and art work
produced in multiples such as graphic and photographic works and sculpture casts, but shall not include
works intended to be mass-produced for commercial use; and
(c) Art dealer refers to any person or entity who sells or otherwise deals in works of ne art for pro t or
gain, such as art galleries, art brokers and agents.
SEC 4. Art Authentication Panel; Creation and Composition. – There is hereby created a panel to be known
as the Art Authentication Panel to replace and assume the powers and functions of the panel of experts
for ne arts provided for in R.A. No. 4846, as amended by P.D. 374. The Panel shall be composed of three
(3) members, who shall be chosen and appointed by the National Museum Board of Trustees from a list
submitted by the Search Committee created under SEC 8 of this Act.
SEC 5. Functions of the Art Authentication Panel. – In addition to the powers granted to it under Republic
Act No. 4846 as amended, the Art Authentication Panel, herein referred to as the “Panel”, shall also have
the following powers and functions:
(a) To designate individuals, named by the Search Committee as Art Consultants, to become members of
the Panel for particular authentication session/s;
(b) To verify and certify as original any work of ne art submitted to it for authentication, and to issue the
corresponding certi cates of authentication;
(c) Upon proper veri cation, to accept for registration all original works of ne art submitted by the author;
(d) To impose and collect authentication and registration fees, and other appropriate fees as it may
prescribe;
(e) To initiate investigation and recommend prosecution of all persons who may have violated the
provisions of this Act;
(f) To promulgate rules and regulations in the exercise of its functions;
(g) To impose nes and sanctions for violation of its rules and regulations; and
(h) To perform such other acts as may be necessary to carry out the provisions of this Act.
SEC 6. Quali cations of the Members of the Panel. – The members of the Panel must be citizens of the
Philippines, at least thirty- ve (35) years of age on the day of their appointment, of proven competence,
integrity, probity and independence of mind, and holders of a degree or equivalent training and experience
in art conservation, connoisseurship, art history or visual arts.
SEC 7. Term of Of ce. – The members of the Panel shall be appointed by the Board of Trustees for a term
of two (2) years: Provided, That no member of the Panel shall serve for more than two (2) consecutive
terms: Provided, further, That appointment to any vacancy shall only be for the unexpired term of the
predecessor and shall be counted as one term.
SEC 8. Search Committee for the Panel. – The Board of Trustees of the National Museum created under
R.A. No. 8492, is hereby mandated to constitute a Search Committee for the Panel to be composed of, but
not limited to, the following persons:
(a) The Executive Director of the National Museum, as ex-of cio chairperson;
(b) A Commissioner of the National Commission for Culture and the Arts (NCCA), as nominated by the
Chairperson of the NCCA;
(c) The president of the Philippine Association of Art Galleries;
(d) Any National Artist for Visual Arts;
(e) Two (2) deans of reputable schools of ne arts; and
(f) The president of the Artists Association of the Philippines.
SEC 9. Functions of the Search Committee for the Panel. – The following are the functions of the Search
Committee for the Panel:
(a) Submit to the National Museum Board of Trustees a list of six (6) names, from which the members of
the Panel shall be chosen; and
(b) Maintain and update a list of individuals, herein called Art Consultants, who are recognized experts in
various art elds, indexing such names by area of expertise or other quali cations, from which the Panel
may draw upon as the need arises.
SEC 10. Compensation. – Members of the Search Committee, the Panel and the Art Consultants shall be
entitled to receive per diems in accordance with existing rules and regulations.
SEC 11. Penalties. – Any person who commits any of the acts enumerated in SEC 3(a) of this Act shall be
punished with imprisonment of not less than six (6) years and one (1) day but not more than twelve (12)
years, and a ne not less than Fifty thousand pesos (₱50,000.00) but not more than Five hundred
thousand pesos (₱500,000.00).
If the acts are committed by a corporation, partnership or any kind of juridical entity, the penalty provided
herein shall be imposed on its chief executive of cer and/or other of cials responsible therefor.
If the acts are committed by the art dealers or the owners or operators of art galleries, they shall suffer, in
addition to the penalties provided herein, the automatic revocation of their license to operate.
SEC 12. Appropriations. – For the implementation of the provisions of this Act, the amount of Fifty million
pesos (₱50,000,000.00) is hereby appropriated and shall be taken from the Organizational Adjustment
Fund for the acquisition of the necessary equipment, supplies and expertise.
Thereafter, the amount necessary to carry out the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law.
Any and all amounts collected by the Panel in the exercise of its functions shall be retained by the
National Museum to augment its annual appropriations. Disbursements therefrom shall be subject to the
approval of the Board of Trustees of the National Museum.
SEC 13. Implementing Rules and Regulations. – The Board of Trustees of the National Museum shall
promulgate the necessary rules and regulations for the effective implementation of the provisions of this
Act.
SEC 14. Separability Clause. – If any part or provision of this Act shall be held to be unconstitutional or
invalid, other provisions hereof which are not affected thereby shall continue to be in full force and effect.
SEC 15. Repealing Clause. – All laws, executive orders, decrees, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended or modi ed accordingly.
SEC 16. Effectivity Clause. – This Act shall take effect fteen (15) days from its publication in the Of cial
Gazette or in at least two (2) national newspapers of general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR.
(Sgd.) AQUILINO Q. PIMENTEL JR. Speaker of the House
President of the Senate of Representatives
This Act which is a consolidation of House Bill No. 499 and Senate Bill No. 2216 was nally passed by the
House of Representatives and the Senate on February 7, 2001 and February 8, 2001, respectively.
(Sgd.) ROBERTO P. NAZARENO
(Sgd.) LUTGARDO B. BARBO Secretary General
Secretary of the Senate House of Representatives
Approved: APR 14 2001
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines
Source: CDAsia (www.cdasia.com)
RESOURCES
[PDF] Republic Act No. 9105, April 14, 2001
(http://www.gov.ph/downloads/2001/04apr/20010414-RA-9105-GMA.pdf)
This entry was posted under Legislature (http://www.gov.ph/section/legis/), Republic Acts
(http://www.gov.ph/section/laws/republic-acts/). Bookmark the permalink (http://www.gov.ph/2001/04/14/republic-act-no-9105/).
REPUBLIC OF THE PHILIPPINES
All content is in the public domain unless otherwise stated.
Privacy Policy (http://www.gov.ph/about-this-website/privacy-policy/)
ABOUT GOVPH
Learn more about the Philippine government, its structure, how government works and the people behind it.
Of cial Gazette (http://www.gov.ph)
Open Data Portal (http://data.gov.ph)
Send us your feedback (http://www.gov.ph/feedback/idulog/)
GOVERNMENT LINKS
The President (http://president.gov.ph)
Of ce of the President (http://op-proper.gov.ph)
Of ce of the Vice President (http://ovp.gov.ph)
Senate of the Philippines (http://senate.gov.ph/)
House of Representatives (http://www.congress.gov.ph/)
Supreme Court (http://sc.judiciary.gov.ph/)
Court of Appeals (http://ca.judiciary.gov.ph/)
Sandiganbayan (http://sb.judiciary.gov.ph/)
