Section 8Sec./Art. 8

Procedure for Declaration or Delisting of Grade I and Grade II Level Cultural Properties. - The procedure in declaring as well as in delisting a cultural property as a Grade I or Grade II Level cultural property shall be as follows:

(a) A declaration or a delisting of a cultural property shall commence upon the filing of a petition by the owner, stakeholder, or any interested person, with the Commission which shall refer the matter to the appropriate cultural agency;

(b) Upon verification of the suitability of the property as a Grade I or Grade II Level cultural property or the prima facie sufficiency of the argument for its delisting, the cultural agency concerned shall send a notice of hearing to the owner and stakeholders. Stakeholders, including, but not limited to, local government units (LGUs), local culture and arts council, local tourism councils, nongovernment conservation organizations, and schools, may be allowed to file their position papers in support or in opposition to the petition;

(c) The owner and the stakeholders shall file their position paper within fifteen (15) days from receipt of the notice of hearing, furnishing all the parties, including the appropriate cultural agency, with a copy of such position paper. Extensions may be allowed, but in no case shall the extension period exceed more than thirty (30) days;

(d) In cases where the petition was not filed by the owner, the petitioner shall file his or her own position paper within fifteen (15) days from receipt of the owner's or any stakeholder's position paper. Thereafter, no further submissions shall be allowed; and

(e) The appropriate cultural agency shall have a maximum of ninety (90) days from the deadline of the submission of all the position papers within which to render its decision, in writing, on the application.

The above provisions shall not apply to the delisting of cultural properties which are covered and protected under existing laws.