Creation of the Philippine Creative Industries Development Council.
SECTION 4. Creation of the Philippine Creative Industries Development Council. — The Philippine Creative Industries Development Council, herein referred to as the Council, is hereby created to spearhead the development and promotion of the creative industries of the Philippines.
The Council shall be composed of nineteen (19) members: ten (10) ex officio members and nine (9) regular members from the private sector.
(a) The ten (10) members who shall be ex officio members of the Council are:
(1) The Secretary of the Department of Trade and Industry (DTI), as Chairperson;
(2) The Secretary of the Department of Education (DepEd);
(3) The Secretary of the Department of Science and Technology (DOST);
(4) The Secretary of the National Economic and Development Authority (NEDA);
(5) The Secretary of the Department of Tourism (DOT);
(6) The Secretary of the Department of Information and Communications Technology (DICT);
(7) The Secretary of the Department of the Interior and Local Government (DILG);
(8) The Chairperson of the Commission on Higher Education (CHED);
(9) The Chairman of the National Commission for Culture and the Arts (NCCA); and
(10) The Director General of the Intellectual Property Office of the Philippines (IPOPHL).
The ex officio members of the Council may designate their respective next-in-rank officials as permanent alternates whose acts are considered as the acts of their principals.
(b) The nine (9) regular members of the Council are the following:
(1) Private sector representative of the Audiovisual Media Domain;
(2) Private sector representative of the Digital Interactive Media Domain;
(3) Private sector representative of the Creative Services Domain;
(4) Private sector representative of the Design Domain;
(5) Private sector representative of the Publishing and Printed Media Domain;
(6) Private sector representative of the Performing Arts Domain;
(7) Private sector representative of the Visual Arts Domain;
(8) Private sector representative of the Traditional Cultural Expressions Domain; and
(9) Private sector representative of the Cultural Sites Domain.
Every regular member shall be appointed by the President of the Philippines from a list submitted by the DTI Secretary who, upon consultation with the other ex officio members of the Council and with the stakeholders engaged in each respective domain, shall nominate at least three (3) nominees for every regular member seat: Provided, That each of the nominees shall come from the private sector and must have at least ten (10) years of experience in the development of the creative industry domain which the nominee belongs to: Provided, further, That each of the nominees shall have been endorsed by a business support organization or creative workers association relative to the creative industry domain sought to be represented.
The Council shall elect a co-chair among the nine (9) regular members.
The regular members of the Council shall serve for a term of six (6) years, unless sooner terminated due to death, resignation, or removal for cause, in which case their replacements shall serve only the unexpired portion of their respective terms.
Of the first set of regular members, five (5) shall hold office for a term of three (3) years and the remaining four (4) for a term of six (6) years to be determined by the President of the Philippines.
The regular members of the Council shall receive per diem every meeting in accordance with existing rules and regulations.
Creative Workers' Welfare Standing Committee.
SECTION 5. Creative Workers' Welfare Standing Committee. — There is hereby created a Creative Workers' Welfare Committee, hereinafter referred to as the Committee, which shall be a standing committee of the Council. The Committee shall ensure that creative freelancers and creative workers have access to sustainable and dignified work in the creative industries.
Meetings.
SECTION 6. Meetings. — The Council shall meet at least once every quarter or as often as necessary at the call of the Chairperson or majority of the members. Members of the Council who cannot physically attend or vote at Council meetings can participate and vote through remote communication technologies including videoconferencing, teleconferencing, or other alternative modes of communication that allow them reasonable opportunities to participate. A majority of the incumbent members of the Council shall constitute a quorum to do business.
Mandate, Powers, and Functions of the Council.
SECTION 7. Mandate, Powers, and Functions of the Council. — The Council shall exercise the following powers and functions:
A. PLANNING AND POLICY FORMULATION
(1) Formulate and implement a Philippine Creative Industries Development Plan that shall define economic goals and key performance indicators for the creative industries including value creation, contribution to gross domestic product, job creation, market creation and expansion, whether domestic or international, investment targets, and creative intellectual property targets, and such other strategies and activities provided for under Section 8 of this Act;
(2) Review all existing policies, plans, programs, and projects of the government and formulate, in coordination with government agencies, nongovernment organizations, business support organizations and creative workers associations, national policies, plans, and programs that support the creative industries; and
(3) Create a classification of the creative industries into subsectors based on strategic considerations, and create technical panels, working groups, or task forces that will assist the Council in the performance of its functions, in coordination with the Philippine Statistics Authority (PSA) for its integration in the Philippine Standard Industry Classification.
B. PRIVATE SECTOR PARTICIPATION
(1) Issue guidelines and criteria in identifying the persons and stakeholders in the creative industries who may receive aid from the State in times of national emergencies;
(2) Issue guidelines for the accreditation of business support organizations and creative workers associations that may be entitled to the programs of the Council under this Act, as well as create programs that will assist the creative industry stakeholders in establishing such business support organizations and creative workers associations;
(3) Encourage persons in the creative industries to join business support organizations and/or creative workers associations in their respective fields; and
(4) Establish and promote a culture and mechanism of continuing dialogue between government, business support organization and creative workers association within the creative industries, and the academe on proper planning and evaluation of policies, programs, and projects affecting its stakeholders.
C. MARKETING AND PROMOTION
(1) Develop and sustain cooperative exchanges, partnerships, and collaborations with and among government agencies, creative entities, organizations, and associations, locally and overseas, whether from the public or private sector, and coordinate with the Department of Foreign Affairs (DFA) and other pertinent government agencies for overseas cooperative exchanges, partnerships, and collaborations;
(2) Endorse to the DTI prospective multi- and bilateral international trade agreements that will benefit the Philippine creative industries, as well as the United Nations Conference on Trade and Development (UNCTAD) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) creative economic activities, conferences, and events for possible country representation, in coordination with the Philippine National Commission for UNESCO (UNACOM);
(3) Ensure the promotion, marketing, distribution, export, and consumption of creative industry outputs in both local and international markets in coordination with the Board of Investments (BOI), Export Management Bureau (EMB), Foreign Service Trade Corps (FSTC), and the Center for International Trade, Expositions, and Missions (CITEM), among other pertinent government agencies: Provided, That the programs dealing with cultural properties shall be coordinated with the NCCA, pursuant to Republic Act No. 10066 or the "National Cultural Heritage Act of 2009";
(4) Support local and international creative festivals, exhibitions, trade shows, and other similar activities for the purpose of promoting the broadest dissemination and consumption of Filipino creativity as a tool for sociocultural and economic development; and
(5) Assist the DOT pertaining to the integration of the Philippine creative industries in the national tourism development plan.
D. CAPACITY-BUILDING
(1) Assist in the monitoring and protection of intellectual property rights of Filipino creative industry stakeholders;
(2) Assist in the protection of the indigenous traditional cultural properties that are being utilized for commercial purposes, in coordination with the National Commission for Indigenous Peoples (NCIP); and
(3) Provide training, capacity-building, and support to stakeholders in the Philippine creative industries in areas such as business development, financial literacy, ethics, digital skills, taxation, design thinking, contracts, negotiations, and entrepreneurship, in partnership with the private sector.
E. OTHER FUNCTIONS
(1) Generate and mobilize resources from domestic and foreign sources, receive and accept donations and other conveyances by gratuitous title, including funds, materials and services, and rationalize the use and the equitable distribution of such resources to the various creative industries through mechanisms including competitive grants;
(2) Enter into and carry out contracts of every kind and description with any person, firm or association or corporation, domestic or foreign, and sue or be sued relative to the contracts entered into;
(3) Acquire, utilize or dispose of, in any manner recognized by law, real or personal property in the Philippines or elsewhere necessary to carry out the purposes of this Act;
(4) Raise or borrow, within the limitation provided by law, and subject to the approval or opinion of the Monetary Board of the Bangko Sentral ng Pilipinas (BSP) and the Department of Finance (DOF), as the case may be, adequate and necessary funds from local or foreign sources, to finance its projects and programs under this Act and for this purpose, issue bonds, promissory notes and other forms of securities, and secure the same by a guarantee, pledge, mortgage, deed of trust or an assignment of all or part of its property or assets;
(5) Adopt, alter, and use a corporate seal;
(6) Delegate, from time to time, any of the powers of the Council which may be lawfully delegated pursuant to existing laws, to the Executive Director or, in the absence of the Executive Director, to any of the Deputy Executive Directors, upon such terms as may be deemed fit;
(7) Create ad hoc committees or technical working groups representing different creative industries and appropriate government agencies to discuss specific issues relative to each creative industry, provide sound advice, and recommend policies or programs to the Council; and
(8) Promulgate such rules and regulations and exercise such other powers and functions as may be necessary to effectively carry out the attainment of the purposes and objectives of this Act.
In the exercise of its powers and functions, the Council shall, at all times, coordinate and synergize its plans and programs with the national government agencies (NGAs) that have existing mandates in the various creative industry domains that are defined in Section 3 of this Act, as well as with NGAs that may be similarly mandated under future legislation or government reorganization, including but not limited to the following:
(a) Film Development Council of the Philippines;
(b) National Council for Children's Television;
(c) Design Center of the Philippines;
(d) Cultural Center of the Philippines;
(e) National Museum; and
(f) National Book Development Board.
To this end, the Council may invite the NGAs to present their plans, proposals, and programs during its regular meetings.
