February 18, 2019
DepEd Memorandum No. 16, s. 2019
DISSEMINATION OF REPUBLIC ACT NO. 11194
(An Act Mandating the Conservation of Gabaldon School Buildings Nationwide, Providing Penalties for Violations, and Appropriating Funds Therefor)
Bureau and Service Directors
Schools Division Superintendents
Public and Private Elementary and Secondary School Heads
All Others Concerned
For the information and guidance of all concerned, enclosed is a copy of Republic Act No. 11194 dated July 23, s. 2018 from the Office of the President entitled An Act Mandating the Conservation of Gabaldon School Buildings Nationwide, Providing Penalties for Violations, and Appropriating Funds Therefor.
Immediate dissemination of this Memorandum is desired.
LEONOR MAGTOLIS BRIONES
Gabaldon School Buildings Conservation Act
Republic Act No. 11194
AN ACT MANDATING THE CONSERVATION OFGABALDON SCHOOL BUILDINGS NATIONWIDE, PROVIDING PENALTIES FOR VIOLATIONS, 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 “Gabaldon School Buildings Conservation Act”.
SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State to conserve and promote the Country’s historical and cultural heritage and resources. Towards this end, it shall strengthen its efforts and pursue a more proactive role in the conservation and restoration of built heritage, such as the Gabaldon school buildings, to preserve their architectural, historical, and social significance.
SEC. 3. Definition of Terms. – As used in this Act:
(a) Conservation refers to all processes and measures of maintaining the cultural significance of Gabaldon school buildings including preservation, restoration, reconstruction, protection, adaptation or any combination thereof; and
(b) Gabaldon school buildings refer to school buildings designed by American Architect William Parsons and funded through Act No. 1801, authored by Assemblyman Isauro Gabaldon.
SEC. 4. Gabaldon School Buildings as Cultural Properties. — All Gabaldon school buildings shall be recognized as built heritage and therefore be included as part of cultural properties under Republic Act No. 10066 or the National Cultural Heritage Act of 2009. However, notwithstanding the provisions of this Act as well as the provisions of Republic Act No. 10066, no public school teacher shall be held liable for acts committed to cause or effect emergency repairs on such structures.
SEC. 5. Conservation of Gabaldon School Buildings. -The Department of Education (DepEd), in consultation with the Gabaldon School Buildings Conservation Act, the National Historical Commission of the Philippines (NHCP), and the National Museum (NM), shall implement a program for the identification and conservation of all Gabaldon school buildings nationwide.
For this purpose, an inventory of all Gabaldon school buildings, whether fully functional or condemned, in all public elementary and secondary schools, shall be jointly undertaken by the DepEd and the NCCA to determine the physical status of each structure. School heads shall submit to their respective Schools Division Superintendents, for appropriate action, a report indicating the existence of or any structural damage to any Gabaldon school building in schools under their respective supervisions.
Local government units that have Gabaldon school buildings under their jurisdiction shall likewise adopt measures for the protection and conservation of these structures and shall provide the DepEd with the necessary assistance in the implementation of any conservation project.
Any modification, alteration, destruction, demolition, or relocation of Gabaldon school buildings shall be strictly prohibited. In cases where conservation measures are necessary, the DepEd, in coordination with the NCCA, the NHCP, and the NM, shall provide proper technical assistance to school heads to ensure that the original architectural design of the school building is maintained: Provided, however, That, subject to the issuance of a permit from the NCCA, any modification or alteration of the original architectural design of Gabaldon school buildings may be allowed in public elementary and secondary schools where the exigency of constructing new school buildings is a priority in anticipation of the increase in student population by virtue of the implementation of Republic Act No. 10533, or the “Enhanced Basic Education Act of 2013”: Provided, further, That the facade and other distinct features of the original Gabaldon school buildings shall, as much as possible, be preserved.
SEC. 6. Appropriations. — The Secretary of Education shall immediately include in the Department’s program the implementation of this Act, the initial funding of which shall be charged to the current year’s appropriation of the DepEd. Thereafter, the amount necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act.
SEC. 7. Implementing Rules and Regulations. — Within ninety (90) days from the approval of this Act, the DepEd, in consultation with the NCCA, the NHCP, and the NM, shall formulate the rules and regulations implementing the provisions of this Act.
SEC. 8. Separability Clause. – If any provision of this Act is held invalid or unconstitutional, the other provisions not so declared shall remain in force and effect.
SEC. 9. Repealing Clause. — All laws, decrees, orders and rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or amended accordingly.
SEC. 10. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.