Can we demolish the Sunico Foundry because it is not an Important Cultural Property (ICP)?

Short answer: No, we can’t. Because declared or not the property is considered an ICP under RA 10066.

This article is with regard to the National Museum of the Philippines’s (NMP) decision to lift (“de-list”) the Category III heritage status of the Sunico Foundry (Jaboneros St. cor. Madrid St., San Nicolas, Manila). Specifically, this article will discuss the letter (“The Letter”) of the National Museum of the Philippines to the present owner (“The Owner”) of the Sunico Property, dated 02 July 2020. 

A copy of The Letter may be accessed from this link (click here).

The Letter was in response to The Owner’s proposed development over the property where the structure of the Sunico Foundry is presently situated. Specifically, it addressed the request of the The Owner to delist the Category III status of the said property, a request which was conditionally granted by the NMP in The Letter.  

The de-listing of the Category III heritage status is a pre-requisite for demolition.  

The Sunico Foundry, for the National Museum of the Philippines, is not a “declared structure” per se. For the NMP, the building was never declared. 

For the NMP, Category III is merely a form of registration, not a declaration. The property was registered as Category III heritage by the National Museum of the Philippines on 03 Aug 2013, with Certificate of Registration of Immovable Cultural Property (CORICP) No. 2-2013. 

In 03 March 2020 the National Historical Commission of the Philippines (NHCP) WAIVED its jurisdiction over the matter, citing the property’s registration as Category III under the National Museum.  

With everything considered, we would like to argue the following:  

ON THE ISSUE OF JURISDICTIONS: 
The waiver of the NHCP is questionable.

Under Section 5 (f) of RA 10066, structures dating at least fifty (50) years are “considered” (not presumed) important cultural property unless declared otherwise by the NHCP. On the other hand, jurisdiction over archaeological and traditional ethnographic materials are under the mantle of the NMP.  

As manifested by the NMP in The Letter, the NHCP “waived” its jurisdiction over the matter in 03 March 2020, citing the property’s registration as Category III under the National Museum.  

This waiver is questionable.

This is because the RA 10066 does have not any provisions on unilateral waiver of jurisdictions. We have, on the other hand, a provision under Section 8 which empowers the National Commission for Culture and the Arts (NCCA) to “assign” delisting or declaration procedures to the “pertinent cultural agency.”  

However, this was not the case in the issue of the Sunico Foundry. The NHCP unilaterally waived its jurisdiction without providing basis under RA 10066. How did this happen? The NHCP’s only justification was to cite the property’s “Category III” status, a supposed turf of NMP.  

It must be emphasized that “Category III” is not a ground for the NMP to assume exclusive jurisdiction, considering that the only yardstick as provided for by the law in order for the NMP to assume authority is if a property is archaeological and ethnographical.  

ON THE ISSUE OF DECLARATIONS:  
The Sunico Foundry is “CONSIDERED” an Important Cultural Property (ICP) under RA 10066.  

The Sunico Foundry is a considered a legitimate ICP under the eyes of the law.  

The NMP makes distinction on Category I versus Category II versus Category III.

For the NMP, Category I refers to National Cultural Treasures, Category II refers to Important Cultural Properties, while Category III is anything that does not fall under the first two categories but still merits concern due to the presence of cultural heritage significance.  

However, these distinctions are unsupported by the law.  

Likewise, contrary to the actual operational procedures of the NMP, the concept “Presumed Important Cultural Property” is also unsupported by RA 10066. Under Section 5, cultural properties are “CONSIDERED” (as opposed to “presumed”) as Important Cultural Property unless otherwise declared by the pertinent cultural agency.  

As such, citing Section 5 (“for purposes of protecting a cultural property against exportation, modification or demolition”), the Sunico Foundry, being more than 50 years old is “CONSIDERED” (Not presumed) by RA 10066 a full-fledged ICP.   

So what are all these talk about the Sunico Foundry not a declared heritage? As far as the law is concerned, the Sunico Foundry is considered an Important Cultural Property.  

ON THE ISSUE OF DUE PROCESS:  
The Delisting of the Sunico Foundry is questionable. 

Under Section 8 of RA 10066, delisting of NCTs and ICPs can only be done with due process.  

However, the actual procedure done was questionable.

Firstly, contrary to Section 8(a), the petition for delisting by The Owner was not filed with the NCCA, who in turn was supposed to assign it to the “pertinent” cultural agency. It’s the NCCA that decides who gets what, not NHCP or NMP.  

Secondly, contrary to Section 8(b), no hearing with stakeholders was conducted. This is a clear violation.  

Thirdly, contrary to Section 8(c and d), no position papers were asked from or heard from other stakeholders. Position papers are supposed to be filed within fifteen days (15) upon the receipt of notice of hearing, a hearing which did not take place.  

And fourthly, contrary to Section 8 (e), the decision of NMP was filed even though no position papers were submitted or heard.  

The delisting of the Sunico Foundry was conducted without due process under the law.  

RECOMMENDATION:
The Cultural Agencies must reconsider this matter.

Numerous advocacy groups and individuals have expressed their opinion on the matter. We have, as a prominent example, the position of Ms. Cecilia Sunico of the Sunico Clan (click here). Clearly she is by all means a stakeholder?

It would be wise for the Cultural Agencies to reconsider this matter and undertake the due process necessary as provided for and required under the law.

All sides must be heard, and not just the petition of The Owner. The finality of NMP’s decision to “delist” the Sunico Foundry should be appealed, and the Cultural Agencies will do well to listen.

Illustration by Angela AP
31 Aug 2020

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