Honoring historic grounds: Plazas, Bangsamoro heritage included in newly released rules on enhanced Philippine heritage law

At a time when plazas are under constant threat from misguided developments — often sanctioned by local government units — Republic Act 11961, which amends the 2009 heritage law, offers a welcome reprieve. It enables the restoration of these historic spaces to their original appearance and helps prevent further interventions that compromise their integrity.

The National Commission for Culture and the Arts (NCCA) has recently released the law’s Implementing Rules and Regulations (IRR), which detail the framework and guidelines for the protection of both natural and built heritage across the Philippines — including public plazas.

A plaza, traditionally an open public space in a town or city, serves as a communal ground where social, historical, cultural, and political activities take place.

In 2018, the National Historical Commission of the Philippines (NHCP), through Resolution No. 7, declared all Spanish and American-era plazas and public squares as historic sites. This declaration protects them from demolition, inappropriate development, and neglect.

With this status, plazas are now categorized as Grade II level cultural properties. Like Grade I properties, they are safeguarded from damage, alteration, or demolition, and they are eligible for state assistance during natural disasters.

These heritage sites may also receive government funding for protection, restoration, and conservation, with the NCCA overseeing their insurance coverage.

In addition to historic plazas, other Grade II cultural properties include declared Important Cultural Properties (ICPs), declared archaeological sites, heritage houses, heritage zones, marked structures, all Gabaldon-type school buildings, all presumed ICPs, heritage trees, and natural properties with cultural significance.

On plazas

According to the IRR, the construction of roofed structures on plazas — such as government buildings, multi-purpose halls, barangay halls, perimeter walls, bleachers, and plant boxes — is prohibited unless approved by the NHCP through the NCCA.

Any structure built in violation of the original 2009 law or the NHCP resolution must be removed. The affected open spaces must be restored to the period when they held the most historical significance.

The IRR strongly encourages local government units to dismantle covered structures and other elements not part of the historic open spaces during the Spanish or American colonial periods, unless these elements are at least 50 years old.

Tree-cutting and the redevelopment of green spaces with concrete or similar materials are likewise prohibited unless cleared by the NCCA and NHCP, with the proper permits from the Department of Environment and Natural Resources (DENR).

Acts of desecration — such as squatting, graffiti, or the installation of commercial advertisements on monuments in these public spaces — are also not allowed.

The NCCA and NHCP will jointly prepare an inventory of plazas and open spaces, define their core and buffer zones, and identify other important cultural properties within them to ensure their full protection.

Bangsamoro heritage

The protection of heritage in the Bangsamoro Autonomous Region falls under the jurisdiction of the Bangsamoro Commission for the Preservation of Cultural Heritage (BCPCH), which is tasked with safeguarding of both Moro and non-Moro cultural patrimony in the region.

The Bangsamoro government may declare regional cultural properties, but must coordinate with national cultural agencies when seeking declarations at the national level.

Under the new law, the management of Bangsamoro historical and cultural sites will be transferred from national cultural agencies to the BCPCH.

However, the BCPCH must continue to “coordinate with the Commission [NCCA] on the regulation, excavation, and preservation of cultural artifacts and on the recovery of lost historical and cultural heritage.”

Exhaustive law

This exhaustive law harmonizes and rationalizes existing policies on the protection of Philippine heritage. It introduces significant enhancements to ensure all aspects of Filipino cultural heritage are protected and conserved. Aside from the protection of Bangsamoro heritage and the establishment of core and buffer zones, key improvements include the mandatory cultural mapping, enhanced cultural heritage education, and the safeguarding of ecclesiastical cultural heritage.

Cultural property declarations can now be made at the barangay level, giving local communities a direct role in preserving their heritage.