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PHILIPPINES
 

 

The ARTIST'S PLACE IN SOCIETY
Since money is necessary to continue one's profession especially when it involves the art, artists in general need to resort to other forms of gainful employment.

Other employments are teaching, businesses, marketing, employments in government agencies, among others.


Governmental bodies in charge of culture
In Philippines the main governmental body in charge of cultural affairs is
The National Commission for Culture and the Arts (NCCA), assited by the
attached Cultural Agencies such as:
National Museum (NM)
National Library (TNL)
Commission on Filipino Language (CFL)
Cultural Center of the Philippines (CCP)
Records Management Office (RMAO)
National Historical Institute (NHI)
Department of Tourism (DOT)
Department of Foreign Affairs (DFA)
National Commission on Indigenous Peoples (NCIP)
Department of Éducation (DepEd)
National Youth Commission (NYC)
Commission on Higher Éducation (CHED)
UNESCO National Commission of the Philippines
National Economic and Development Authoritv (NEDA) of Philippines

 

Governmental bodies in charge of cultural policy-making

The National Commission for Culture and the Arts is the overall coordinating and policymaking government body that systematizes and streamlines national efforts in promoting culture and arts. This is done in coordination with both the concerned government agencies and the non-governmental organizations and private sector. All the advocacy of the NCCA are coordinated for approval in both the House of Representatives and the Senate of the Philippines.

Department Of Tourism (DOT) formulates policies and promotes encourages, develops, and manages Philippine tourism as a major tool in nation building and sustainable development. The DOT recognizes tourism 's contributionto world pence, cultural enrichment, and socio-economic development.

National Commission on Indigenous Peoples (NCIP)  formulates and implements policies, plans, and programs to promote and protect the rights and well-being of the indigenous cultural communities and indigenous peoples; and

National Youth Commission (NYC)  provides leadership in the formulation of policies and setting of priorities and direction of all youth promotion and development programs and activities; encourages wide and active participation of the youth in all governmental and non ?governmental programs and projects and activities, harness and develops the full potential of the youth as partners in nation-building.


Working conditions of artists, including disabled artists

Department of Social Welfare and Development (DSWD) provides assistance in effectively implementing programs, projects and services that will alleviate poverty and empower disadvantaged individuals,families and communities for an improved quality of life.

National Anti-Poverty Commission (NAPC) serves as the coordinator and advisory body for the implementation of social reform and poverty reduction program. It coordinates with various stakeholders including national government agencies,local government units and the basic sector to assure the implementation of all social reform and poverty reduction programs. It is also mandated to focus on the various sector-specific programs.


Continuing training for artists and cultural workers
The NCCA in coordination with the concerned Cultural Agencies, Government sector and the private sector and non-governmental agencies, are in charge of continuing training for artists and cultural worker. 

Cultural research

Most of the Cultural Agencies undertake researches like:

National Museum undertakes research on ethnic culture, prehistory,and natural history.
Commission on Filipino Language is responsible for conducting research and documentation on other Philippine languages and of preserving and translating literatures in various Philippine languages.
The NCCA also promotes cultural research in coordination with the Academic Institutions and Organizations (University of the Philippines, University of Santo Tomas, Ateneo de Manila University, De La Salle University, Mindanao State University, Silliman University, Cagayan State University, Central Luzon State University, and all its satellite universities and schools).

Tax policies and taxation in the filed of culture
The tax policies and taxation in the field of culture are set up by the concerned governmental organizations and non-governmental organizations in coordination with the Bureau of Internal Revenue (BIR), Department of Finance (DOF).


Cultural policies

Percentage (average) of the national budget allocated to culture
The total budget for culture arts constitutes only 0.28°0 of the total government appropriation (based on the Philippine Medium Term Plan for Culture and the Arts (PMTPCA) assessment 1992/2000 report).
The culture and arts sector received a generally increasing allocation relatively to an increasing share in Gross National Product (GNP). Budgetary allocation for culture and arts increased from 0.529 billion pesos in 1992 to 1. 722 billion pesos in 2000, and continually increasing to date (based also on the PMTPCA).

Policies aimed at promoting the arts

The following policies are aimed at promoting the arts as anchored on the
Medium Term Philippine Development Plan for Culture and the Arts 2002-2007.

Encourage artistic creation along side development of informed and appreciative audience.
The intention to augment education about Philippine culture and arts as way of encouraging appreciation and valuing the Philippine heritage will foster esteem for what is Filipino.
This shall push for programs like cultural literacy, publications, teachers training, providing program for young artists.

Encourage the generation of jobs and income from culture and arts activities.
Culture as a way of life expands its range far beyond the concept of high arts and performances that cater mainly to entertainment needs. Procedures of cultural products and services look into the economic gains of culture and arts activities, in order to be sustainable. Thus, the development of cultural industries and tourism are encouraged.

Ensure the protection of rights and welfare of artists and cultural workers.
Vital to the interest of the cultural agencies, organizations and artist’s community is the protection of their rights and welfare. Since culture and arts activities are basically service oriented rather than financially beneficial, it is important that the government provides the legislative support for the necessary protection.


Indicators used to evaluate the outcomes of cultural policies

Among the indicators being used by NCCA to measure the outcomes of the cultural policies are:

Artistic Creation

Artwork/concepts developed/created

National Tours of Performing Arts Groups

Regional performing groups tour around the country

Support for Young Artists

Young talents discovered and young artists trained

National Arts Month Celebration

Participating localities /NGOs/LGUs/GOs

National Awards 

National Artists Awards Recipients
(NAAW), Gawad, Manlilikha,Bayan Awards (GAMABA) 

Media ,culture and values enhancement 

Infomercials radio, TV projects programs on culture values, documentary films produced and broadcasted

Culture and Arts Exhibits   

Visitors in culture and arts Exhibits

Cultural Festivals

Community based cultural festivals conducted

 

Structures enabling artists to be involved in policy-making at local and national levels

The NCCA Board of Commissioners headed by the Chairman serves as the policy and decision making body of the Commission. Its 15 Board of Commissioners are composed of the Undersecretaries of the Department of Education, and the Department of Tourism; Chairs of the Committees of Culture of the House of Representatives and the Senate of the Philippines; the President of the Cultural Center of the Philippines, the Executive Director of the National Historical Institute, the Directors of the National Museum, The National Library, the Commission on the Filipino Language and the Records Management and Archives Office; plus the four private sector representatives of culture and arts, i.e., the heads of the 4 NCCA Subcommissions (the Subcommissions on the Arts, Cultural Heritage, Cultural Communities and Traditional Arts, and the Cultural Dissemination).

 The 4 NCCA Subcommission heads are the elected representatives from the civil society representing Cultural Heritage, Cultural communities and Traditional Arts, Cultural Dissemination, and Arts. The 4 Subcommissions are composed of 22 committees in the various areas and fields of arts and culture.


Cultural policy provisions of the NEFCA
The National Endowment Fund for Culture and the Arts (NEFCA) established by Sec. 20 of Republic Act. No. 7356 to support Philippine art and culture programs, projects and projects, provide for the allocation of a portion of public funds for art work,  subventions to art institutions,  the organization of art events locally, regionally or nationally, and the establishment of funds for the arts.
Through the NEFCA also the NCCA provide grants for the infrastructure projects for culture and the arts.

Integration of disabled artists
The NCCA has a particular program under the Culture and Development, the Arts for All, especially for our disadvantaged groups. Encouraging and supporting their culture and arts activities, and this is done in coordination with the Department of Social Welfare and Development, and the concerned government and non?government organizations.

WORKING CONDITIONS

Laws and regulations governing the work of artists in regard to their employment and working conditions, as well as social welfare and training
The Labor Code of the Philippines is a generic law, which governs the working conditions (including social welfare and training) of all laborers under the employ of another. 

Work permit and "professional" status for artists
For professions requiring licenses, it is necessary that the exams for a particular specialization be passed before an artist can acquire a license e.g. architects.
This is undertaken by the Professional Regulation Commission of the Philippines (PRC)

Health care system
The health care system is generic in a sense that it applies to all, artists and ordinary workers, example of which is the Philhealth.

Private health care scheme
Private practitioners usually get their own health insurance

Disabled artists
There is a generic law for disabled people and NCCA has a particular program under Culture and Development entitled Sining Panlahat (Arts for All)/Arts for the Disadvantaged

Administrative inspections
Inspections would usually cover the work environment, whether the place is conducive for working, if the electrical wirings are functioning well or if there are enough fire exits in case of emergencies. 
Administrative inspections are carried out by Local Government Units, through the Bureau of Inspections
In case of breach of regulation, the owner may he penalized through cancellation of the permit, fine, or closure of establishment

SOCIAL WELFARE

Insurance schemes (illness, maternity, disability, retirement, etc.)
Public insurance schemes usually cover all (illness, maternity, etc). Private ones may cover specific area of social welfare or all.
Social Coverage is not compulsory, individuals may or may not apply
Artists are not obliged to resort to complementary insurance schemes
Penalties imposed in the event of breach of regulations ranks from fine, to imprisonment or closure of establishments.

Remuneration
Minimum level of payment (per service/job, per week, per month)
It is sometimes based on the existing industry rate [which, more often are not followed
Artists are either paid directly or through an organization

Unemployment
There is not unemployment insurance scheme for artists

Illegal work
Illegal Work is penalized under the Revised Penal Code and the fruits and proceeds are forfeited in favor of the government. But we don 't have an existing figure on this.

The penalties provided by law tire cancellation of licenses for licensed professionals, fine or at the extreme, imprisonment
 
Administrative checks are done only when the government is involved in the funding of projects for artists or if an agreement between the government and the artists has been violated

Illegal work is effectively penalized by the judicial system


TAX STATUS AND TAX ADVANTAGES

The tax system distinguishes in so far as the salary of the individual, whether artists or not, falls into the salary bracket prescribed by the law.


Exemptions or special provisions regarding import duties on equipment and materials required for cultural production
Sec 103 of Executive Order 273 (Adopting Value Added Tax) provides for exemption from value/added tax for printing, publication, importation and sale of any reading article which appears at a regular intervals with fixed prices for subscription and which is not devoted entirely for publication of advertisements.

Special tax regime for the marketing, import and export of cultural production
P.D. 1994 Amending National Internal Revenue Code provides Films Not Subject to tax Educational Films or cinematographic films, including films used for visual education, whether manufactured in the Philippines or imported; and any tax paid cinematographic film subsequent returned to the Philippines or on any negative film or unprinted positive film, and on any reversal film used in amateur photography of sixteen millimeters or less.

Special provisions on inheritance tax in respect of works of arts
In general, inheritance are taxed, whether they be work of arts or ordinary inheritance (land, house, etc), if it exceeds the amount prescribed by law.


INTERNATIONAL MOBILITY OF ARTISTS

Measures to encourage the mobility of artists
The National Commission for Culture and the Arts gives grants to talented artists in order for them to pursue their art and to continue their studies if there is a need for it.

Mobility of works
The NCCA provides grants to Artists who would want to showcase their works

Networks catering for foreign artists
Networking is being done through participation in international events and becoming a member of international cultural groups

Foreign artists (reception facilities, working conditions)
The Philippine laws will still apply to foreigners working in the Philippines, no preferential right is accorded to anyone.


COLLECTIVE REPRESENTATION

Legal framework
One Provision under the Constitution is the right to self?organization.
Under the law, unions have the prerogative of entering into a collective bargaining agreement with the management, to have a juridical personality, to stand as representative to all its members.
Concerned unions are called to represent their sector before the State can adopt reforms concerning their working practices

Negotiation of collective agreements
The Department of Labor and Employment is the government body in charge of collective agreements negotiations.

Mediation and/or appeals
Mediation and appeals are in charge of the governmental Department of Labor and Employment.

CONTINUING TRAINING, RESEARCH AND FINANCIAL AID
The NCCA, through its Institute for Cultural and Arts Management (ICAM) and some private sector initiatives, are in charge of continuous training.


Source: National Commission for Culture and the Arts of Philippines, october 2003.



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