10 Years Jail Time vs Cultural Property Destroyer

By Mortz C. Ortigoza

When the private contractor of the Department of Education imprudently and controversially stripped to bare bones early this month the historical landmark’s Economics Building in Dagupan City that once housed United States Pacific Supreme Commander and Five-  Star Army General Douglas MacAthur during his liberation campaign in World War II, old timers and historical buff’s Jaycekeen and other stakeholders  cried “desecration”, “mutilation”, and whatchacamallit to the gall of the DepEd leadership in Manila and Dagupan City and  the private contractor, who is an ally of the city’s mayor, when they scandalously stripped off the walls and floors of the edifice and dumped them to the ground for the elements to consume.

DESTRUCTION - The two-storey bare to the bones Economics cum MacArthur Building recklessly stripped off by its walls, floors, and other materials by the Department of Education and its contractor raised furors from stakeholders in Dagupan City who cried destruction of the heritage house used as headquarter by United States Pacific Supreme Commander and Five-  Star Army General Douglas MacAthur during his liberation campaign in World War II. The DepEd said it wanted to restore the edifice to correct deterioration. PHOTO CREDIT: PNA

The endeavor of those parties was no longer the ideal restoration but plain and simple demolition, son of a gun.

Republic Act No. 10086 (National Historical Commission of the Philippines, Strengthening Its Powers and Powers and Functions, Etc.) says about restoration on heritage structure like the economics building. Restoration" shall refer to the action taken or the technical intervention to correct deterioration and alterations. 

The prohibited acts, penalties for those who violated Republic Act No. 10066 (An Act Providing for the Protection and Conservation of the National Cultural Heritage, and Others):

To the extent that the offense is not punishable by a higher punishment under another provision of law, violations of this Act may be made by whoever intentionally:

 Photo of General Douglas Mac Arthur addressing Dagupenos from his General Headquarters (now West Central Home Economics building).
On January 9, 1945, American troops landed in Luzon between the towns of Lingayen and Dagupan. That afternoon, General MacArthur himself waded ashore south of San Fabian. On January 13th, MacArthur moved his General Headquarters to Dagupan. Addressing the residents of Dagupan from this building, MacArthur said: "I am happy to have returned. Thank you and God bless you." CREDIT TO THE OWNER OF THE PHOTO

 (a)Destroys, demolishes, mutilates or damages any world heritage site, national cultural treasures, important cultural property and archaeological and anthropological sites; 

(b)Modifies, alters, or destroys the original features of or undertakes construction or real estate development in any national shrine, monument, landmark and other historic edifices and structures, declared, classified, and marked by the National Historical Institute as such, without the prior written permission from the Commission. This includes the designated security or buffer zone, extending five (5) meters from the visible perimeter of the monument or site (Section 48. Prohibited Acts).

Upon conviction, the offender shall be subject to a fine of not less than Two hundred thousand pesos (P200,000.00) or imprisonment for a term of not less than ten (10) years, or both, upon the discretion of the court: xxxxx
Heads of departments, commissions, bureaus, agencies or offices, officers and/or agents found to have intentionally failed to perform their required duty as prescribed by the deputization order under Section 28 of this Act shall be liable for nonfeasance and shall be penalized in accordance with applicable laws (Section 49. Penal Provisions).

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